Annex
Reference to international human rights law
In connection with the above alleged facts and concerns, we call your
Excellency’s Government’s attention to the absolute and non-derogable prohibition of
torture or degrading treatment as codified in articles 2 and 16 of the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT), which Egypt acceded to in 1986; and in article 7 of the International Covenant
on Civil and political Rights (ICCPR), which Egypt acceded to in 1982. Similarly, we
recall the absolute nature of the prohibition of enforced disappearance pursuant to
article 7 of the Declaration on the Protection of All Persons from Enforced
Disappearance. Moreover, the prohibition of enforced disappearance and the
corresponding duty to investigate and prosecute those responsible have attained the
status of jus cogens.
We would also like to recall that, in its resolution 7/12, the Human Rights
Council urged Governments to take steps to provide adequate protection to witnesses
of enforced or involuntary disappearances, human rights defenders acting against
enforced disappearances and the lawyers and families of disappeared persons against
any intimidation or ill-treatment to which they might be subjected. The protection of
families of disappeared persons should be carried out regardless of the existence of
criminal investigation.
Furthermore, we draw your Excellency’s Government’s attention to the United
Nations Declaration on the Protection of All Persons from Enforced Disappearances,
which establishes that no State shall practice, permit or tolerate enforced
disappearances. The Declaration also proclaims that each State shall take effective
legislative, administrative, judicial or other measures to prevent and terminate acts of
enforced disappearance in any territory under its jurisdiction. We further recall that
the Declaration sets out the necessary guarantees to be offered by the State. In
particular, articles 9, 10, 11, 12, 13 relate to the rights to a prompt and effective
judicial remedy to determine the whereabouts of persons deprived of their liberty; to
access of competent national authorities to all places of detention; to be held in an
officially recognized place of detention, and to be brought before a judicial authority
promptly after detention; to accurate information on the detention of persons and their
place of detention being made available to their family, counsel or other persons with
a legitimate interest; to the maintenance in every place of detention of official up-todate registers of all detained persons and on the States obligation to promptly,
thoroughly and impartially investigate complaints of enforced disapperance. We
reiterate Article 13, paras 3 and 5 which states that steps should be taken to protect all
concerned persons against ill-treatment, intimidation or reprisal. We also make
reference to the Working Group’s study on Enforced disappearance and economic,
social and cultural rights (paras. 33 - 40).
We would also like to refer your Excellency’s Government to article 9 of the
Universal Declaration of Huma Rights (UDHR), prohibiting arbitration detentions,
and article 9 of the ICCPR, enshrining the right to liberty and security of person. The
latter establishes, in particular, that no one shall be deprived of his or her liberty
except on such grounds and in accordance with such procedure as are established by
law. As per the jurisprudence of the Working Group on Arbitrary Detention, any
detention due to the peaceful exercise of rights may be arbitrary, and enforced
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