News briefing
Translated and edited by: Committee for Justice
Geneva: 4 January 2022
UN experts have expressed their serious concerns about the continued renewal of the pretrial detention of a number of journalists and human rights defenders in Egypt, which in all cases exceeded the legal limit for the period that any individual can be held pending trial under Egyptian law, in addition to the disturbing information regarding the physical and psychological integrity of these individuals.
Use of anti-terror legislation in repression:
In a memorandum sent to the Egyptian authorities on November 5, which has not yet been responded to, the experts explained the conditions of detention and trial of (blogger and human rights defender Alaa Abdel Fattah, human rights lawyer Ezzat Ghoneim, human rights lawyer Hoda Abdel Moneim, and Aisha al-Shater).
The experts expressed their grave concerns about the physical and psychological integrity of these bloggers, lawyers and human rights defenders, and the apparent renewal of their pretrial detention on a periodic and arbitrary basis.
The experts stressed that this concern is exacerbated by the use of counter-terrorism legislation to criminalize the exercise of freedoms of expression and association by these individuals, describing their documentation of rights violations and discussion of human rights issues as a threat to Egyptian national security, and that their criminalization is a clear retaliation for their exercise of their right to freedom of expression to criticize state authorities and discuss human rights violations.
Threat to national security:
In their memo, the experts stressed that discussion and exchange of information on human rights issues should never be considered a threat to national security, noting that even those accused of terrorism-related offenses deserve the same level of care in prison as everyone else, while information received indicates that the aforementioned individuals have been denied access to the necessary medical care, which may amount to a violation of the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.
UN demands from Egypt:
The experts called on the Egyptian authorities to provide information on the results of investigations opened into various cases of alleged enforced disappearance, and the remedies provided to the victims, as well as information on the prosecution of the alleged perpetrators, as well as information on the legal and factual basis for the allegations of belonging to a terrorist organization against Ezzat Ghonim, Hoda Abdel Moneim, and Aisha al-Shater, in accordance with the 19 sectoral conventions relating to terrorism and United Nations security.
The experts also called on Egypt to provide information on the arbitrary detention of Alaa Abdel Fattah, the procedures for his trial, and an explanation of why Hoda Abdel Moneim has not been allowed to receive family visits and legal aid since her detention in November 2018.
The experts also asked Egypt to provide information on the conditions of detention of these individuals, including details about family visits, items handed over to them by their families, and communication with their lawyers. In the event that visits by family members or lawyers to these individuals continue to be refused after the measures taken to prevent the spread of the COVID-19 pandemic in Egypt, the experts requested the authorities to specify the exact legal basis for these restrictions, and what are the alternative means of communicating with family and lawyers.
The experts also called on the authorities in Egypt to provide information on any measures taken to review criminal law provisions to ensure their compatibility with the right to freedom of expression and association, including provisions criminalizing the spreading of false information, misuse of social media, and incitement to protest. In addition, to outline the measures that have been taken to ensure that human rights defenders, including lawyers, civil society and activists, are able to work in an enabling environment and carry out their legitimate activities without fear of harassment, stigmatization or criminalization of any kind.
