to specialized institutions or to civil hospitals.
In accordance with article 9 of the ICCPR, everyone has the right to liberty
and security of person, and no one shall be subjected to arbitrary arrest or detention.
Article 9 further requires that anyone arrested or detained on a criminal charge be
brought promptly before a judge or other officer authorized by law and be entitled to
trial within a reasonable time or to release. In addition, we bring the attention of your
Excellency’s Government to article 14 of the ICCPR, which guarantees the right to
due process and a fair trial. We wish to remind the Government of your Excellency
that, in accordance with the jurisprudence of the Working Group on Arbitrary
Detention, arresting or detaining an individual as punishment for the legitimate
exercise of rights protected under the ICCPR may be arbitrary.
Given the reported lack of adequate medical care, exacerbated by Dr.
Aboulfotouh's prolonged solitary confinement, we also refer to articles 1, 2 and 16 of
the Convention against Torture and other cruel, inhuman or degrading treatment or
punishment (CAT), ratified by Egypt on 25 June 1986. The Special Rapporteur on
torture has pointed out that prolonged solitary confinement runs afoul of the absolute
prohibition of torture and other ill-treatment (A/66/268).
The Mandela Rules prohibits the use of indefinite or prolonged solitary
confinement, which is defined as solitary confinement for a period of more than
15 consecutive days. In accordance with Rule 45 of the Mandela Rules, solitary
confinement must remain exceptional and should only be used as a last resort and for
as short a time as possible. Further, solitary confinement must be subject to
independent review and authorization by a competent authority.
In this context, we also refer to our previous observation that detention
pending trial must be based on an individualized determination that is reasonable and
necessary, taking into account all the circumstances for such purposes as to prevent
flight, interference with evidence or the recurrence of crime. Courts must examine
whether alternatives to pre-trial detention would render detention unnecessary in the
particular case and periodic examinations of whether it continues to be reasonable and
necessary in the light of possible alternatives should be undertaken.
In relation to the compatibility of the state of emergency with international law
obligations, the discretionary powers of emergency courts and the curtailment of
judicial guarantees, including the denial of the possibility to appeal their decisions, we
remind your Excellency's Government that States must ensure that emergency
measures are consistent with the State's human rights treaty obligations and that it
remains an absolute obligation of the State to protect non-derogable rights
(A/HRC/35/37, paras 74-78).
With regard to the seemingly vague and ambiguous charges brought against
Dr. Aboulfotouh, we reiterate that the principle of legal certainty expressed in
article 11 of the UDHR and in the ICCPR requires that criminal laws be sufficiently
precise so that it is clear what types of conduct and actions constitute a criminal
offense and what the consequences of committing such an offense would be. Vaguely
and broadly worded provisions undermine the principle of legality, cannot qualify as
9