Advance unedited version A/HRC/WGAD/2022/ United Nations Standard Minimum Rules for the Treatment of Prisoners (the “Nelson Mandela Rules”). This right includes access to timely and appropriate health care, but also to underlying determinants of health, such as adequate food, water, and sanitation. It is further observed that sick prisoners whose health require specialist treatment must be transferred to specialized institutions or civil hospitals and the failure to provide access to adequate health care violates the right to health. Poor health deprives detainees of their ability to adequately prepare their defence, in violation of article 14 of the Covenant. The Working Group refers this case to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health for appropriate action. 104. All circumstances considered, the Working Group thus concludes that the detention of the four individuals violated their fair trial rights and that these violations were of such gravity as to render their detention arbitrary under category III. Concluding remarks 105. The Working Group expresses its grave concern that when Mr. Abdel Aziz was first arrested on 27 November 2014, he was still a minor and yet the authorities made no attempt to treat him in a manner prescribed by international law and consistent with his status as a minor throughout the arrest, detention, and trial. 106. The Working Group is also deeply disturbed at the treatment to which all four individuals were subjected, including the detention conditions in which they are reportedly held, an allegation which the Government has chosen not to deny. In particular, the Working Group expresses grave concern regarding the unrebutted allegation that, as a result of various complaint filed on his behalf, Mr. Khalil was placed in a special disciplining cell in which he does not have a bathroom and is banned from receiving visitors. The Working Group wishes to remind the Government that prolonged solitary confinement in excess of 15 consecutive days is prohibited under rules 43 (1) (b) and 44 of the Nelson Mandela Rules. The Working Group is also obliged to remind the Government of Egypt of its duty to treat all persons deprived of their liberty with humanity and respect for the inherent dignity of the human person, in accordance with article 10 of the Covenant and rule 1 of the Nelson Mandela Rules. 107. The Working Group is further concerned about the limited contact that Messrs. Abel Aziz, Sahloob, Khalil and Ali have had with their family. The source has reported, and the Government has not denied, that Messrs. Abel Aziz and Sahloob were entirely denied their rights to be visited by their families, while Messrs. Khalil and Ali were only allowed to family visits once a month. The Working Group feels obliged to remind the Government that the right to communicate with the outside world and be visited by one’s family is a fundamental safeguard against human rights violations, including torture, ill-treatment, and enforced disappearance. The Working Group recalls that principle 15 of the Body of Principles provides that “communication of the detained or imprisoned person with the outside world, and in particular his family or counsel, shall not be denied for more than a matter of days”. The denial of family contact may also amount to a violation of principle 19 of the Body of Principles. 108. The Working Group notes that the present opinion is only one of many opinions in recent years in which the Working Group finds the Government to be in violation of its international human rights obligations. 17 The Working Group is concerned that this indicates a systemic problem with arbitrary detention in Egypt, which, if it continues, may amount to a serious violation of international law. The duty to comply with international human rights standards rests with all State organs, officers and agents as well as all other natural and legal persons. The Working Group recalls that, under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of the rules of international law may constitute crimes against humanity. The Working Group has alluded to this possibility in its past opinions concerning Egypt. 17 14 See, for example, opinions No. 6/2016, No. 7/2016, No. 41/2016, No. 42/2016, No. 54/2016, No. 60/2016, No. 30/2017, No. 78/2017, No. 83/2017, No. 26/2018, No. 27/2018, No. 47/2018, No. 63/2018, No. 82/2018, No. 87/2018, No. 21/2019, No. 29/2019, No. 41/2019, No. 42/2019, No. 65/2019, No. 77/2019, No. 6/2020 and No. 80/2020.

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