A/HRC/WGAD/2021/42 informed, at the time of arrest, of the reasons for the arrest and that this requirement applies broadly to the reasons for any deprivation of liberty. 27. Furthermore, in accordance with principle 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, anyone who is arrested should be informed at the time of arrest of the reason for the arrest and should be promptly informed of any charges him or her. The same requirement is reflected in article 14 (3) of the Arab Charter on Human Rights. 28. The source claims that the two journalists were arrested without having been shown a warrant or having been provided with a legal explanation for the reasons for their arrests, which renders the arrests arbitrary and in violation of the two men’s right to liberty. 29. The source states that the right of persons not to be subjected to enforced disappearance is considered non-derogable, even in a state of emergency. According to the International Convention for the Protection of All Persons from Enforced Disappearance, people deprived of liberty must be held only in a place of detention that is officially recognized. States must ensure that no one is held secretly in detention and should provide the detainee’s family and lawyer with accurate information on the detention. 30. The source claims that Mr. Gharib was forcibly disappeared for four days after his first arrest and for another 41 days following his release order. Mr. Elsayed was forcibly disappeared following his arrest for three consecutive months. 31. According to the source, the Government has increasingly turned pretrial detention from an exceptional legal measure to a punitive tool used systematically against journalists, human rights defenders and members of the political opposition in general. Instead of being released, Mr. Gharib was accused under a second case, while he was completing his release procedures under the previous case. 32. The source claims that the purpose of this systematic practice is to keep opposition members and critics behind bars indefinitely. This practice has come to be known as “the recycling of cases” or “rotation”. It is alleged that the new charges faced by Mr. Gharib were simply revived versions of the old charges. This allegedly confirms that the prolonged detention of Mr. Gharib is arbitrary, without legal basis and politically motivated and that, as such, it has fundamentally jeopardized his right to liberty, in violation of article 9 of the Universal Declaration of Human Rights and article 9 of the Covenant. Category II 33. The source claims that the arbitrary detentions of Mr. Gharib and Mr. Elsayed are attributable to their profession as journalists and are part of a crackdown on freedom of expression in Egypt. 34. The source claims that journalists in Egypt have been targeted for detention and sentencing under terrorism-related charges. These practices allegedly constitute violations of the obligations of Egypt under international law to protect and promote the right to freedom of expression enshrined in article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant. Moreover, any restrictions imposed on this right should only be such as are provided by law and necessary on the grounds set out in article 19 (3) of the Covenant. Category III 35. According to the source, the detentions of Mr. Gharib and Mr. Elsayed are arbitrary because the two men have been denied their right to due process. 36. The source submits that, in accordance with principle 15 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, communication of the detained or imprisoned person with the outside world, and in particular his or her family or counsel, should not be denied for more than a matter of days. Furthermore, in its general comment No. 32 (2007) the Human Rights Committee stated that a detainee has the right to have prompt access to legal counsel, which means that a lawyer is granted the right to have private communication and meetings with the detainee and to attend all the investigations without interference or restrictions. 4