A/HRC/54/61
been addressed by special procedures mandate holders in several occasions, 74 and his
detention was found to be arbitrary in 2021 by the UN Working on Arbitrary Detention
(A/HRC/WGAD/2021/45).
53.
On 11 November 2022, special procedures mandate holders publicly urged Egypt75 to
seize the moment of the COP 27 conference to demonstrate its willingness to abide by
international human rights standards and review the cases of several human rights activists
charged with terrorism-related offences, including Mr. El-Baqer. On 19 January 2023, the
Government replied 76 to mandate holders (EGY 1/2022) providing information on the
charges against and conviction of Mr. el-Baqer, his conditions of detention and his state of
health. On 1 March 2023, during the consideration of the 5th periodic report of Egypt,77 the
Human Rights Committee enquired about the trial and conviction of Mr. El-Baqer. In his
response, a representative of Egypt provided information in this regard (CCPR/C/SR.3959,
paras. 18 and 48). In its July 2022 report to the Human Rights Council,78 the WGEID noted
that the Government had taken no action to implement its Opinion regarding the release of
Mr. El-Baqer.
54.
According to information received by the OHCHR, on 3 January 2022, the President
of Egypt ratified Mr. el-Baqer’s verdict and his sentence will conclude on 3 January 2026.
On 2 October 2022, Mr. el-Baqer was reportedly transferred from the Tora Maximum
Security 2 Prison to Badr 1 prison. On 10 April 2023, Mr. el-Baqer and his cell mates were
reportedly assaulted by prison guards resulting in serious injuries. On 17 April 2023, security
forces reportedly detained Ms. Neama Hesham, Mr. el-Baqer’s wife, at her home following
her public advocacy about the assault of her husband in detention. Ms. Hesham had
reportedly visited her husband the day before and expressed concerns online about his
injuries resulting from an attack by the prison guard the week before. Ms. Hesham was
released on 18 April 2023 without charges.
55.
The case of Mr. Ahmed Shawky Abdelsattar Mohamed Amasha, a human rights
defender and co-founder of the League for the Families of the Disappeared, has been included
in reports of the Secretary-General since 201779 on allegations of abduction, detention, torture
following his engagement on behalf of relatives with UN mechanisms, including the WGEID.
In November 2017, the UN Working Group on Arbitrary Detention found Mr. Amasha’s
detention arbitrary (A/HRC/WGAD/2017/78). On 4 October 2019, Mr. Amasaha was
released on bail, but detained again in June 2020.
56.
On 11 November 2022, special procedures mandate holders addressed allegations of
detention, torture, ill-treatment, enforced disappearance, incommunicado detention and
deteriorating health status of Mr. Amasha (EGY 10/2022). On 29 August 2022, he was
referred to the terrorism circuit of the Supreme State Criminal Court on charges of
“knowingly joining and funding a terrorist group,” and his name was added to the existing
Case No. 1360/2019, with another 37 defendants. Since his detention in Badr prison in
September 2022, Mr. Amasha has allegedly been held in isolation in a cell with continuous
electric lights on and 24-hour camera surveillance and is allowed little time for outdoor
exercise. On 25 October 2022, Mr. Amasha reportedly joined other detainees in a hunger
strike to protest prison conditions (EGY 10/2022).
57.
The impact of Egyptian legislation on the ability of individuals and civil society
groups to cooperate with the United Nations has been included in the reports of the
74
75
76
77
78
79
GE.23-15378
EGY 10/2020, EGY/5/2021, EGY/8/2021, EGY 1/2022.
https://www.ohchr.org/en/press-releases/2022/11/un-experts-call-immediate-release-alaa-abdel-fattah
https://www.ohchr.org/en/press-releases/2022/11/un-experts-call-immediate-release-alaa-abdel-fattah.
See government reply at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37326.
https://media.un.org/en/asset/k12/k1260210x0.
A/HRC/51/29, p. 13.
A/HRC/36/31, Annex I, para. 34; A/HRC/39/41, Annex II, para. 17–18, 21; A/HRC/42/30, Annex II,
paras. 45–46; A/HRC/45/36, Annex II, paras. 44–46; A/HRC/48/28, Annex II paras. 48;
A/HRC/51/47 Annex II, paras. 62–63.
55