The case of Mr. Ebrahim Abdelmonem Metwally Hegazy, of the Association of the Families of the Disappeared, was included in the 2018 report of the Secretary-General (A/HRC/39/41 para. 38 and Annex I, paras. 32–35) concerning his initial disappearance and later detention while he was on his way to meet the Working Group on Enforced and Involuntary Disappearances in Geneva in September 2017 (EGY 14/2017, A/HRC/WGEID/109/1, para. 35 (p), and see also A/HRC/WGEID/114/1, para. 56). 130 He was charged with founding and leading an illegal terrorist organization, conspiracy with foreign entities or organizations to harm state security, and spreading false information. He has been detained in Aqrab prison (Tora) and reportedly subjected to ill-treatment and torture in detention. 43. The Government responded on 8 November 2017 131 with assurances of Mr. Metwally’s conditions of detention and access to a lawyer. On 31 July 2018, the Government informed that he was charged with leading a terrorist group and spreading false news, statements and rumors abroad about the situation in the country. 44. It was reported in May 2019 that Mr. Metwally continues to be held incommunicado from the time of his arrest in Aqrab prison, where he is subjected to systematic physical and psychological abuse that could amount to torture. Since February 2019, the prison administration has not allowed family visits, despite permission by the prosecution. During this period, abuses against Mr. Metwally have reportedly intensified and his conditions of detention are extremely poor. Despite suffering from acute medical problems, he has been denied examination by medical specialists. Mr. Metwally has not had a trial, as he is still being investigated before the Supreme State Security Court (case No. 900/2017). Mr. Metwally’s lawyers were notified with adjournment dates that differed from the days when he was physically present in the courtroom affecting both his right to prepare his defense and the possibility for the lawyers to enquire about treatment in detention. The proceedings have reportedly been adjourned to an unspecified date.

The case of Mr. Ebrahim Abdelmonem Metwally Hegazy of the Association of the Families of the Disappeared was included in the 2019 and 2018 reports of the Secretary- General (A/HRC/42/30, para. 52 and Annex II, paras. 42–44; A/HRC/39/41 para. 38 and Annex I, paras. 32–35) on allegations of enforced disappearance and torture for his attempted cooperation with the Working Group on Enforced and Involuntary Disappearances. 33 On 14 August 2019, the Working Group on Arbitrary Detention found Mr. Metwally’s detention arbitrary, noted that his detention amounts to an act of retaliation for cooperation with the UN, and considered it the appropriate remedy that the Government release Mr. Metwally immediately and provide him compensation and other reparations (A/HRC/WGAD/2019/41, paras. 34, 40, 46, 51, 56). 34 45. In September 2019, at the Human Rights Council, a Member State expressed deep concern about the case of Mr. Metwally. 35 On 13 November 2019, special procedures mandate holders raised concern about the continued detention of Mr. Metwally, which they stated was “in apparent contradiction with the Cairo Criminal Court’s acquittal verdict” in October 2019 (EGY 12/2019). They expressed concern about his health status and noted that, on 12 March 2019, Mr. Metwally’s lawyer filed a complaint to demand his transfer to the hospital for medical treatment of symptoms developed in detention, to no effect. On 14 October 2019, the Cairo Criminal Court held Mr. Metwally not guilty of the charges he was accused of and ordered his immediate release, but on 15 October 2019, he was returned to Tora Prison (EGY 12/2019). 46. On 20 November 2019, mandate holders stated that “on 5 November 2019, Mr. Metwally was notified of new charges which appear to be identical to those of which he was cleared,” and that he therefore “seems to be a victim of double jeopardy.” 36 According to reports, Mr. Metwally has continued to be held incommunicado and in solitary confinement in the Al Aqrab maximum security section of Tora Prison for most of the reporting period, without family visits. On 16 March 2020, his pre-trial detention was renewed once again in absentia and on 25 March 2020, his relatives filed a complaint with the public prosecutor requesting his release.

40. The case of Mr. Ebrahim Abdelmonem Metwally Hegazy, human rights lawyer and the co-founder of the Association of the Families of the Disappeared, was included in the 2020, 2019 and 2018 reports of the Secretary-General 146 on allegations of enforced disappearance and torture for his attempted cooperation in September 2017 with the Working Group on Enforced and Involuntary Disappearances (WGEID). In 2019, the Working Group on Arbitrary Detention found Mr. Metwally’s detention arbitrary, noting that it amounted to an act of retaliation for cooperation with the UN, and urged his immediate release as well as compensation and other reparations.147 In its August 2020 report, the WGEID continued to condemn the ongoing detention of Mr. Metwally (A/HRC/45/13, para. 63). At the March 2021 session of the Human Rights Council, a group of 26 Member States called for Mr. Metwally’s release.148
41. On 29 July 2020, special procedures mandate holders addressed Mr. Metwally’s detention and deteriorating health condition (EGY 10/2020). According to information received by OHCHR, on 26 August 2020, the Criminal Court of Cairo ordered the release of Mr. Metwally under precautionary measures in Case No. 1470 of 2019 on charges of “joining a terrorist group” and “funding terrorism”. The nature of the precautionary measures is unknown. Despite this decision, Mr. Metwally was reportedly kept in detention until 6 September 2020, when he was brought before the Supreme State Security Prosecution and attached to case no. 786/2020. He was accused of “leadership of a terrorist group formed while in detention,” “communicating with foreign agents to harm State security”, and “using the internet for terrorist purposes” (punishable under arts. 12, 14 and 29 of the Anti-Terrorism Law), as well as establishing an illegal organization and publishing false news and rumours (arts. 86 bis and 188 of the Penal Code). Mr. Metwally is reportedly still facing charges of “founding and leading a group established in contravention of the provisions of the law”, “publishing and spreading false news”, and “communicating with foreign entities in order to undermine national security” (Case No. 900 of 2017). He is currently held in Maximum Security Prison II within the Tora Prison complex.

64. The case of Mr. Ebrahim Abdelmonem Metwally Hegazy, human rights lawyer and the co-founder of the Association of the Families of the Disappeared, was included in the 2018, 2019, 2020 and 2021 reports of the Secretary-General on allegations of enforced disappearance and torture for his attempted cooperation in September 2017 with the WGEID. In 2019, the WGAD found Mr. Metwally’s detention arbitrary, noting that it amounted to an act of retaliation for cooperation with the UN, and urged his immediate release as well as compensation and other reparations. At the March 2021 session of the Human Rights Council, a group of 26 Member States called for Mr. Metwally’s release. According to information received by OHCHR, on 26 August 2020, the Criminal Court of Cairo had ordered the release of Mr. Metwally under precautionary measures in Case No. 1470 of 2019. However, Mr. Metwally was reportedly kept in detention, and on 6 September 2020, he was brought to the Supreme State Security Prosecution, linked to a different case (no. 786/2020). He was accused of “leadership of a terrorist group formed while in detention,” “communicating with foreign agents to harm State security”, and “using the internet for terrorist purposes” (punishable under arts. 12, 14 and 29 of the Anti-Terrorism Law), as well as of establishing an illegal organization and publishing false news and rumours (arts. 86 bis and 188 of the Penal Code).
65. On 16 June 2021, special procedures mandate holders addressed the arbitrary detention of other human rights defenders including Mr. Metwally allegedly for his cooperation with the United Nations. (EGY 5/2021). According to information received by OHCHR, Mr. Metwally is currently detained at Tora Maximum Security Prison 2 in solitary confinement. Reportedly, he suffers from increasingly severe health problems due to the poor detention conditions and requires urgent surgery to avoid serious complications that could be life-threatening. On 15 February 2022, the Cairo Criminal Court renewed his detention under the aforementioned Case No. 786 of 2020.

77. The case of Mr. Ebrahim Abdelmonem Metwally Hegazy, a human rights lawyer and co-founder of the Association of the Families of the Disappeared, has been included in reports of the Secretary-General since 2018 on allegations of enforced disappearance and torture while attempting to attend a meeting in 2017 with the United Nations Working Group on Enforced and Involuntary Disappearances. Mr. Metwally was charged with founding and leading an illegal terrorist organization, conspiracy with foreign entities to harm state security and spreading false news. Mandate holders and treaty bodies have addressed his case and raised concerns on several occasions.83
78. According to information received by OHCHR, Mr. Metwally continues to be held at the Correction and Rehabilitation Center in Badr 3 (Cairo). The latest renewal of his detention by the Cairo Criminal Terrorism Court took place on 12 May 2024, for 45 more days, which reportedly exceeds the authorized time for pre-trial detention. Mr. Metwally has been in pretrial detention for three years under case 786/2020. The visits he receives are recorded and a police officer is always present.