A/HRC/WGAD/2021/42 receive and impart information and ideas through any media, and is commonly exercised in connection with the rights to freedom of peaceful assembly and association (arts. 19, 20 and 21 of both instruments). 66. The source claims that journalists have been targeted for detention and sentencing under terrorist-related charges in Egypt. These practices allegedly constitute violations of Egypt’s obligations under international law in relation to the protection and promotion of the right to freedom of expression, according to article 19 of the Universal Declaration of Human Rights and in article 19 of the Covenant. Any restrictions on this right shall only be such as provided by law and necessary on the grounds set out in article 19 (3) of the Covenant. 67. The Working Group notes that both journalists were charged with crimes related to spreading false news. The Government, despite having the opportunity, did not explain how and why these charges have required the imposition and renewal of pretrial detention. According to article 19 (3) of the Covenant, restrictions on the right to freedom of expression can only be imposed when they are necessary to ensure the respect of the rights of others or for the protection of national security, public order or public health or morals. The Working Group is not convinced that these requirements have been met; in fact, the case presented by the source, not rebutted by the Government, leads it to reach the opposite conclusion. 68. In addition, the source claims that the detentions of Mr. Gharib and Mr. Elsayed are part of a broader systematic pattern of the Government repeatedly using vague laws and detention to silence journalists and supress freedom of expression in the country. In this context, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has observed that legislation on false news often fails to meet the three-pronged test of legality, necessity and legitimate aims often does not define with sufficient precision what constitutes false information or what harm it seeks to prevent.6 In relation to Egypt, the Special Rapporteur has noted that human rights defenders and journalists have been prosecuted for spreading false news after having published reports on the human rights situation in the country.7 69. The Working Group concludes that the detentions of Mr. Gharib and Mr. Elsayed have resulted from the peaceful exercise of their right to freedom of opinion expression, assembly and association, as well as their right to take part in the conduct of public affairs, and were contrary to articles 19, 20 and 21 of the Universal Declaration of Human Rights and articles 19, 21, 22 and 25 of the Covenant. Their detentions are arbitrary under category II. The Working Group refers the present case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression for further consideration and, if necessary, appropriate action. Category III 70. The source contends that the detentions of Mr. Gharib and Mr. Elsayed are arbitrary in accordance with category III because the two men have been denied their right to due process, which includes the right to gain access to counsel. In fact, Mr. Gharib and Mr. Elsayed have been prevented by the authorities from communicating with their lawyers, both after their arrest and during detention. Additionally, the source claims that Mr. Gharib and Mr. Elsayed have been prevented from receiving family visits and that, when such visits have been allowed, they have been subject to restrictions (for example, they occur only once a month) with no legitimate aim. 71. The source also alleges that Mr. Gharib and Mr. Elsayed have been subjected to torture and other ill-treatment by the authorities, to coerce them into confessing their guilt and to humiliate them. Such torture and ill-treatment has reportedly caused severe bodily pain to the detainees and endangered their mental and physical well-being. 72. As the source has submitted, principle 15 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that communication of the detained or imprisoned person with the outside world, and in particular his or her 6 7 A/HRC/47/25, para. 54. Ibid., para. 55. 9