Advance unedited version A/HRC/WGAD/2022/ is entitled to release pending trial. The source notes that each of the four individuals were detained for long periods pending trial. 76. The Working Group recalls that it is a well-established norm of international law that pretrial detention should be the exception and not the rule, and that it should be ordered for as short a time as possible.8 Article 9 (3) of the Covenant provides that it must not be the general rule that persons awaiting trial be detained, but release may be subject to guarantees to appear for trial and at any other stage of the judicial proceedings. It follows that liberty is recognized as a principle and detention as an exception in the interests of justice. 9 Detention pending trial must thus be based on an individualised determination that it is reasonable and necessary for such purposes as to prevent flight, interference with evidence or the recurrence of crime.10 77. In the present case, despite having had the opportunity to do so, the Government chose not to explain the reasons that warranted the pretrial detention of these four individuals and how the imposition of pretrial detention in each of the cases of these four individuals complied with the requirements of article 9 (3) of the Covenant. The Working Group therefore finds that the imposition of pretrial detention upon Messrs. Abdel Aziz, Sahloob, Khalil, and Ali is arbitrary and in breach of article 9 (3) of the Covenant, and therefore lacked legal basis. 78. By not releasing the four individuals pending trial the Government violated article 9 (3) of the Covenant and principles 38 and 39 of the Body of Principles. Enforced disappearance and prolonged pre-trial detention 79. The source has indicated that following his first arrest, Mr. Abdel Aziz was detained on remand [pre-trial] for almost two years, before his case was referred to the court. Following his second arrest, Mr. Abdel Aziz was reportedly taken to an unknown location and subjected to enforced disappearance for one month. Under fresh charges that were given to him in August 2018, Mr. Abdel Aziz reportedly spent almost one and a half years in pretrial detention. His appeal against his sentence of 10 years in prison was successful and the sentence was reduced to three years, which he had already served. However, instead of being released, he was reportedly subjected to another two months of enforced disappearance, before being charged under a new case of joining a banned organization. 80. As regards Mr. Sahloob, the source alleges that following his arrest on 2 January 2014, he was subjected to enforced disappearance for two weeks in an unknown location. The source reports that he was likely taken to the National Security premises in Lazoghly. When he appeared before the prosecutor on 18 January 2014, he was joined to a new case, the “Marriott terror cell” case, which allegedly involves a number of Al Jazeera journalists. He was ordered to be detained for 15 days in pre-trial detention, pending investigations. His detention was continuously renewed over a period of six months, until the Criminal Court sentenced him to seven years in prison, on 24 June 2014. The sentence was reduced to three years on appeal but he was not released after completing the three year term. Instead, he was reportedly charged under another case known as the “Helwan Brigades Case”, and remains detained in Al-Aqrab Maximum Security Prison, pending trial in this second Case [withheld]. 81. Regarding Mr. Khalil, the source reports that following his arrest on 18 February 2015, he was subjected to enforced disappearance for a week in an unknown location. Official complaints submitted to the attorney general and the public prosecutor on Mr. Khalil’s behalf regarding his disappearance were reportedly unanswered. It is reported that Mr. Khalil stayed in pre-trial detention until the Court sentenced him to 15 years in prison, on 26 May 2016. 82. Concerning Mr. Ali, the source reports that following his arrest on 25 August 2015, he was subjected to enforced disappearance for four months in an unknown location. In addition, Mr. Ali was reportedly detained on remand for long periods of time before his case 8 9 10 10 Opinion No. 28/2014, para. 43; No. 49/2014, para. 23; No. 57/2014, para. 26; No. 1/2020, para. 53; and No. 8/2020, para. 54. See also Human Rights Committee, general comment No. 35 (2014), para. 38; and A/HRC/19/57, paras. 48���58. A/HRC/19/57, para. 54. Human Rights Committee, General Comment No. 35, para. 38.