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UN experts urge Egypt not to extradite two Eritrean detainees    

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News briefing  

Translated and edited by: Committee for Justice  

Geneva: November 9, 2021  

United Nations human rights experts have expressed their concerns about the detention of two Eritrean citizens in Al-Qanater prison by Egyptian authorities, with the risk of their imminent deportation to Eritrea, where they are expected to face torture, enforced disappearance and arbitrary detention, due to their escape from indefinite military conscription in the Eritrean national service.  

Retaliatory practices by the prison administration:  

In a memorandum sent to the Egyptian authorities on September 10, 2021, which has not been answered, the experts said that the two detainees – whose names are withheld for their personal safety – were informed on August 8, 2021, by Eritrean embassy officials and Egyptian immigration authorities that they would be forcibly returned to Eritrea. On September 9, 2021 the prison administration forcibly subjected them to a COVID-19 test and told them that this was a requirement prior to their deportation within the next two days.  

The experts also confirmed that the detainees were subjected to reprisals inside their prison in Egypt after they submitted information regarding their situation to the Special Procedures of the Human Rights Council. They were subjected to interrogation and forced to sign documents in Arabic only – not translated – indicating that they were subjected to ill-treatment, and they were also beaten by prison officials who forced them to sleep outdoors, locked them in solitary confinement, and denied them access to food.  

Violations of the military service programs in Eritrea:  

The experts expressed their concerns about their return to Eritrea amid fears that they would be at risk of torture, enforced disappearance and arbitrary detention, as the authorities in Eritrea prevent the exit of those who remain conscripts or members of the “people’s army” or “reserve army”, and the government there considers Eritreans who have departed without the necessary exit visa to have left the country illegally and are treated as dangerous criminals, and upon arrival in Eritrea, are arrested and detained in violation of the basic rules of international law, namely the right to a fair trial and due process.  

The experts reported that numerous human rights violations have been documented in relation to Eritrea’s military/national service programmes, including forced labour, slavery-like practices, torture, sexual violence and inhumane conditions of service.   

UN demands from Egypt:  

The experts reminded the Egyptian authorities of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Egypt on 25 June 1986, which states that “no State shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds to believe that he would be in danger of being subjected to torture.” The experts urged Egypt to take all necessary steps to prevent their refoulement, which if carried out would be inconsistent with international human rights law standards, and to ensure that their case was properly assessed and any protection needs identified, and to take all necessary measures to protect the two concerned persons inside and outside Egypt.     

The experts also requested Egypt to provide information on the current legal status of the detainees, including the legal basis for their detention since 2012 and 2014, respectively, and how these measures comply with international norms and standards as mentioned.  

The experts also called on the Egyptian authorities to provide information on the measures taken to protect their life and physical and psychological integrity in the event of their return to their homeland, and to provide detailed information on the steps taken to investigate allegations of ongoing reprisals by the prison authorities accusing them of filing a complaint about the alleged allegations to the United Nations special procedures, and the measures they have taken to protect these individuals from reprisals for bringing their concerns to the United Nations. 

For more information and media requests or inquiries, please get in touch with us (+41229403538 / media@cfjustice.org)

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