lex certa, and violate due process of law. We remind your Excellency’s Government
that the use of generic and broad emergency or counter-terrorism measures to limit the
freedom of association has a profound and detrimental effect on the rights of
association, assembly and expression (A/HRC/40/52), and that counter-terrorism
legislation should not be used in an unjustified and arbitrary manner to restrict the
right to freedom of opinion and expression.
We also refer to the right to a fair trial, which is recognized not only in human
rights treaties but also within international humanitarian law, international criminal
law, counterterrorism conventions and customary international law (see A/63/223).
We recall your Excellency’s Government that article 14 of the ICCPR, ratified by
Egypt, provides inter alia for the principle of equality before competent, independent,
and impartial courts and tribunals, the presumption of innocence, provision of
adequate time and facilities for the preparation of the defense, and the right of accused
persons to communicate with counsel of their own choosing.
Finally, the lack of adequate safeguards to prevent misuse and the absence of
means to guarantee the rights of individuals subject to listing processes at the national
level is inconsistent with the State's human rights and counter-terrorism obligations,
including under the mandate of the Security Council and the Global CounterTerrorism Strategy (A/RES/75/291). We remind your Excellency's Government that
the inclusion of individuals or groups on a terrorism watch list must be evidencebased and demonstrate a connection to an actual, distinct and measurable act of
terrorism or a demonstrated threat of an act of terrorism.
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