including by invoking the law justifying the deprivation of liberty and its application to
the particular case through a warrant issued by the competent authorities. In this
context, article 9 of the ICCPR enshrines the right of anyone arrested or detained to be
presented before a judicial authority without delay and to being able to challenge the
legality of detention. Article 9 and 14 of the ICCPR require that those arrested under
criminal charges should be granted effective access to independent legal assistance
(A/HRC/45/16). The deprivation of liberty of any individual following a trial without
due process being guaranteed may be considered arbitrary (CCPR/C/GC/35, para. 17).
We urge your Excellency government undertake a prompt and impartial
investigation regarding the allegations of torture of the above mentioned individuals in
accordance with article 12 of the CAT and prosecute suspected perpetrators of torture
in line with article 7 of the CAT.
We would like to reiterate that art. 2 (1) of the ICCPR stresses that each State
Party of the Covenant undertakes to respect and to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as [...] religion [...]. Human Rights Committee
General Comment 22, in its paragraph 8 also clarifies that persons already subject to
certain legitimate constraints, such as prisoners, continue to enjoy their rights to
manifest their religion or belief to the fullest extent compatible with the specific nature
of the constraint. Moreover, rule 42 of the Standard Minimum Rules for the Treatment
of Prisoners provided that “so far as practicable, every prisoner shall be allowed to
satisfy the needs of his religious life”.
The full texts of the human rights instruments and standards recalled above are
available on www.ohchr.org or can be provided upon request.
In view of the urgency of the matter, we would appreciate a response on the
initial steps taken by your Excellency’s Government to safeguard the rights of the
above-mentioned persons in compliance with international instruments.
As it is our responsibility, under the mandates provided to us by the Human
Rights Council, to seek to clarify all cases brought to our attention, we would be grateful
for your observations on the following matters:
1.
Please provide any additional information and any comment you may
have on the above-mentioned allegations.
2.
Please provide detailed information about the factual and legal grounds
for the arrest and continued detention of Mr. Abdelrahman, and explain
how these measures are consistent with the international human rights
obligations of Egypt.
3.
Please provide detailed information about the steps undertaken to ensure
the satisfaction of all due process guarantees during the trial against
4