A/HRC/WGAD/2021/79 detention categories referred to by the Working Group when considering cases submitted to it. Category I 65. In support of the claim that Ms. Abdelhalim’s and Mr. El-Elaimy’s arrest and detention are arbitrary under category I, the source submits that there is no legal basis or justification, as they were arrested without being shown an arrest warrant or being provided with a legal explanation for their arrests, violating their right to liberty. 66. From the information received from the source, when Mr. El-Elaimy was arrested, on 25 June 2019, by a number of national security agents in plain clothes, there was no indication that an arrest warrant was shown or that he was provided with a legal explanation of the reasons behind his arrest. Similarly, when plain clothed and uniformed security officers stormed Ms. Abdelhalim’s place of residence and violently searched the house before arresting her, they did not show her an arrest warrant or provide a legal explanation for her arrest. 67. International law concerning the right to personal liberty allows restrictions to this right and includes the right to be presented with an arrest warrant in cases that do not involve arrests made in flagrante delicto, to ensure the objectivity of the arrest process. It is also required that the decision on whether the arrest is warranted be taken by an outside authority, that is, a competent, independent and impartial judiciary. This is procedurally inherent in the right to personal liberty and security and the prohibition of arbitrary deprivation under articles 3 and 9 of the Universal Declaration of Human Rights, and principles 2, 4 and 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Additionally, the Human Rights Committee, in its general comment No. 35 (2014), stated that any person is to be informed, at the time of arrest, of the reasons for the arrest and that that requirement applied broadly to the reasons for any deprivation of liberty.21 68. The Working Group finds that, in order to invoke a legal basis for deprivation of liberty, the authorities should have informed Ms. Abdelhalim and Mr. El-Elaimy of the reasons at the time of the arrest, as well as promptly informed them of the charges. Their failure to do so violates article 9 of the Universal Declaration of Human Rights and principle 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. It also renders their arrest devoid of any legal basis. 69. The source’s claim is that Ms. Abdelhalim was forcibly disappeared for five days, before she appeared before the prosecution, preventing her family from knowing her fate and whereabouts. The Working Group therefore considers that Ms. Abdelhalim was subjected to enforced disappearance during the five days. As the Human Rights Committee has held, enforced disappearance constitutes a particularly aggravated form of arbitrary detention.22 Such deprivation of liberty, entailing a refusal to disclose the fate or whereabouts of the persons concerned or to acknowledge their detention, lacks any valid legal basis under any circumstance and is inherently arbitrary, as it places the person outside the protection of the law, in violation of article 6 of the Universal Declaration of Human Rights.23 The Working Group refers the present case to the Working Group on Enforced or Involuntary Disappearances. 21 22 23 Para. 24. General comment No. 35 (2014), para. 17. See article 1 of the Declaration on the Protection of All Persons from Enforced Disappearance, which condemns any act of enforced disappearance as a denial of the purposes of the Charter of the United Nations and as a grave and flagrant violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and reaffirmed and developed in international instruments in this field, as well as opinions No. 82/2018, para. 28; No. 18/2019, para. 33; No. 22/2019, para. 67; No. 26/2019, para. 88; No. 28/2019, para. 61; No. 29/2019, para. 54; No. 36/2019, para. 35; No. 41/2019, para. 32; No. 42/2019, para. 48; No. 51/2019, para. 58; No. 56/2019, para. 79; No. 6/2020, para. 43; No. 11/2020, para. 41; No. 13/2020, para. 52; No. 31/2020, para. 43; No. 32/2020, para. 35; No. 33/2020, paras. 58 and 73; and No. 34/2020, para. 49. See also article 22 of the Arab Charter on Human Rights. 9