The International League Against Arbitrary Detention urges Egypt to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 36/2023 concerning Islam Nasser Abdulnabi Abdulmoneim, Anas Hassan Ahmed Shafiq Mohamed Abu Zakary, Abdurahman Osama Mohamed Alaqeed, Mostafa Ahmed Ali Shaaban, Mohamed Ezzat Taha Omran, Mohamed Nasr Abdulhamid Ibrahim, Gehad Ayed Soliman Ayad, Mohamed Salah Ahmed Bayomi, Ahmed Yossri Rabea Abdulghany and Gehad Abdulkhaiq Awda Saeed, asking the Egyptian Government to immediately release them, and to accord them an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning these individuals (Egypt): Opinion 36/2023.
ARBITRARILY DETAINED FOR YEARS BASED ON TERRORISM-RELATED CHARGES
Messrs. Abdulmoneim, Abu Zakary, Alaqeed, Shaaban, Omran, Ibrahim, Ayad, Bayomi, Abdulghany and Saeed are all nationals of Egypt, and were aged between 22 and 35 at the time of their respective arrests. All had different activities and/or professions at the time of their respective arrests. In a context of large-scale crackdown by the authorities on the political opposition, the source alleged that their respective arrest would have aimed at preventing them from speaking out about the rights' violations they had been subjected to while in detention.
They were arrested between February 2014 and June 2021, in different cities of Egypt and under different circumstances (e.g., at a relative’s home, at their home, in the street, at a police checkpoint…). Besides, Mr. Alaqeed was first arrested in February 2014, and then again February 2019 while attending one of his probation sessions. Most were arrested by police officers and/or national security forces, in uniforms and/or plain clothes.
All were charged and for some convicted with terrorism-related charges, notably the ones of joining and/or funding a banned or terrorist group. At the time of the source’s communication to the Working Group, all were still detained in at least three different prisons in Egypt. The Government has chosen not to contest these allegations, although having the opportunity to do so.
FORCIBLY DISAPPEARED AND ARBITRARILY DETAINED WITHOUT LEGAL BASIS
All were arrested without an arrest warrant, and none was informed of the reasons for their arrests or of the charges against them until months to years after their arrests. The Working Group found these situations in violation of articles 3 and 9 of the Universal Declaration of Human Rights and article 9(1) and 9(2) of the Covenant, rendering their respective arrests devoid of any legal basis.
Besides, all were subjected to enforced disappearances for different periods, ranging from months to years, which the Working Ground found in violation of article 9(1) of the Covenant as well. As such, their right to be recognized as persons before the law was violated, under article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant. Similarly, the Working Group found that their right to challenge the legality of their detention before a court, as prescribed by article 9(4) of the Covenant, and so to an effective remedy, as prescribed by article 8 of the Universal Declaration of Human Rights and articles 2(3) of the Covenant, were violated.
The Working Group also noted that pre-trial detentions should be the exception rather than the rule, and that when exceptionally required, they should be as short as possible. Hereby all individuals were arrested and subjected to long periods of pre-trial detentions, ranging from two to five years. Considering this, the Working Group found a violation of article 9(3) of the Covenant. Moreover, in those circumstances, none of the individuals arrested and detained were promptly brought before a judge, which the Working Group also found in violation of article 9(3) of the Covenant.
Eventually, the detentions of all of these individuals were repeatedly ordered and renewed by the Supreme State Security Prosecution. The Working Group established that such prosecuting authorities could not be considered independent, objective and impartial in ensuring the proper exercise of judicial power, in violation of article 9(3) of the Covenant.
Therefore, the Working Group found that the arrests and detentions of these ten individuals were all arbitrary under category I.
VIOLATIONS OF THEIR RIGHTS TO A FAIR TRIAL
In addition to the above finding, the Working Group also found that since the above-mentioned individuals were held incommunicado for such long-periods following their arrests, their right to be recognized as persons before the law were violated, under article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant. The Working also emphasised that these situations prevented them from having contact with the outside world.
As such, under these circumstances, the ten individuals could not have confidential meetings with or visits from their lawyer while in detention, and thus could not prepare their defence. The Working Ground found these in violation of article 14(3)(b) and (d) of the Covenant.
Finally, the Working Group was also extremely concerned with the allegations according to which Mr. Shaaban, Mr. Abdulmoneim, Mr. Alaqeed and Mr. Abu Zakary were tortured while being detained. In this regard, the Working Group declared that there may have been violations of articles 5 and 25(1) of the Universal Declaration of Human Rights and articles 7 and 10(1) of the Covenant. Furthermore, the Working Group notably expressed its concern regarding the negative impact such acts could have on the ability of these individuals to defend themselves and to be presumed innocent, both which are essential elements to guarantee their right to a fair trial.
Thereby, the Working Group found their respective detentions arbitrary under category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the UN Working Group Against Arbitrary Detention considered that the detentions of Messrs. Abdulmoneim, Abu Zakary, Alaqeed, Shaaban, Omran, Ibrahim, Ayad, Bayomi, Abdulghany and Saeed were arbitrary and fell under categories I and III because their deprivation of liberty were in contravention of articles 3, 6, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 2, 9, 10, 14 and 16 of the International Covenant on Civil and Political Rights.
The Working Group requested the Government to remedy the respective situations of each of the above-mentioned individuals without delay. The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to release them immediately and accord them an enforceable right to compensation and other reparations, in accordance with international law.
Eventually, the Working Group noted that these cases were part of a larger pattern of arbitrary arrests and detentions that seems to have emerged in Egypt in recent years, expressing its concern about their systemic character.
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