Advance unedited version
A/HRC/WGAD/2022/
53.
In this regard, the source indicates that Principle 15 of the Body of Principles states
that a detainee should not be denied the right to communicate with the outside world,
particularly the detainee’s family or counsel, for more than a matter of days. General
Comment No. 32 further specifies that the right to promptly access legal representation
includes the right for the lawyer to privately communicate with their client and to attend
investigations without interference or restrictions.
54.
Furthermore, it is noted that under Principle 2 of the Basic Principles on the Role of
Lawyers, the competent authorities have the duty to ensure that lawyers have access to case
files in sufficient time to be able to provide effective legal assistance. The source argues that
the right to an effective counsel is fundamentally related to the principle of equality of arms,
enshrined under article 11 of the UDHR. The principle of equality of arms includes the right
to be given the time and facilities necessary to prepare and present one’s defense with their
counsel.
55.
Accordingly, the source argues that the denial of the right of Messrs. Abdel Aziz,
Sahloob, Khalil, and Ali to promptly seek legal representation and communicate with their
lawyers constitutes a violation of their right to effective assistance of counsel and of the
equality of arms principle.
Right to family visits
56.
The source recalls 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.
57.
Under article 17(2) of the Convention on Enforced Disappearance, individuals
detained and imprisoned have the right to communicate and be visited by their families,
regardless of the offence they are suspected or accused of. Principle 19 of the Body of
Principles specifies that this right may only be subject to reasonable conditions and
restrictions that are appropriate to pursue a legitimate aim.
58.
In this regard, the source claims 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 source alleges that these restrictions on family
visits were not implemented to pursue a legitimate aim and thereby violate the detainees’
right to communicate with the outside world and receive family visits.
Right to be free from torture and ill treatment
59.
According to the source, Messrs. Abdel Aziz, Sahloob, Khalil, and Ali were subjected
to torture and ill-treatment, especially during the time they were disappeared. Specifically,
the source notes that all four detainees were handcuffed, blindfolded, beaten, and
electrocuted, which caused them severe body pain and health deterioration. The source
alleges that the ill-treatment was carried out to coerce them into confessing against
themselves. It is observed that, even though they reported such torture, no action was taken
by the prosecution or the judges.
60.
The source argues that these practices violate the four individuals’ right to be free
from torture, ill-treatment, and degrading punishment, under article 1 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Further,
the source adds that the United Nations Committee Against Torture specified the absolute
nature of this right, which cannot be restricted, including in times of war or states of
emergency, and cannot be justified, including by threats of terrorism or other violent crime.
The source stresses that the prohibition against torture applies irrespective of the offence
alleged.
Right to health
61.
The source alleges that the lives of Messrs. Abdel Aziz, Sahloob, Khalil, and Ali are
at grave risk due to the prison authorities’ intentional prevention from accessing medical
examination and treatment in prison.
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