this prisoner’s health has continued to steadily deteriorate during his detention due to
a lack of diligent and adequate medical care, without which his condition is likely to
worsen rapidly, increasing the risk that he will suffer extremely harmful or even fatal
consequences. We are also alarmed by the alleged lack of regular access to and
contact with his family and legal representatives, the repeated prolongation of his pretrial detention and solitary confinement, and the continued inclusion of his name on a
terrorist watch list, in what appears to be a misuse of this listing procedure against
individuals peacefully exercising their legitimate right to freedom of expression. Dr.
Aboulfotouh has been reportedly detained in isolation since his arrest in February
2018, far beyond what is considered the maximum length under recognized
international standards.
If confirmed, the above allegations would amount to violations of various
provisions of the Universal Declaration of Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR) and of the International
Covenant on Economic, Social and Cultural Rights, both ratified by Egypt on
14 August 1982 as well as of the Convention against Torture and other cruel, inhuman
or degrading treatment or punishment (CAT), ratified by Egypt on 25 June 1986.
In relation to these grave allegations and the apparent continuous disregard of
Dr. Aboulfotouh´s health condition, we wish to reiterate that the right to life
constitutes a jus cogens and customary international law norm. States hold heightened
due diligence obligations in relation to protect the right to life of individuals who are
detained under their auspices.
Turning to the trial of Dr. Aboulfotouh by an emergency court, in line with our
previous communications (EGY 6/2022 and EGY 4/2022) we reiterate our concern
about 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.
Furthermore, it remains alarming that the prosecution used anti-terrorist provisions to
build the case against Dr. Aboulfotouh, without having reportedly completed the
investigation procedure, and that the authorities have continuously extended his pretrial detention. Concerns over the practice of multiple extensions of pre-trial
detentions of individuals under investigation have been already expressed in previous
letters addressed to your Excellency’s Government (case nos. EGY 4/2020 and EGY
10/2021). We underline that all individuals, regardless of the severity of the charges
brought against them, have a right to due process and fair trial.
Last but not least, it is also a concern that Dr. Aboulfotouh has been registered
on the terrorist watch list without apparent evidence or a firm legal basis. As in
previous communications (EGY 8/2021, EGY 1/2022), we express our serious
concern about 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.
In light of the above, we respectfully call upon your Excellency's
Government to ensure that Dr. Aboulfotouh receives access to adequate, timely
and proper health care as a matter of urgency, in light of what appears to be his
4