A/HRC/51/47 the relevant authorities, including allegations of acts of reprisals for his cooperation with the UN.87 67. On 16 June 2021, special procedures mandate holders addressed the case of Mr. ElBaqer and other human rights defenders (EGY/ 5/2021) and called publicly upon the Government to release him from prison, and to ensure an open, and safe “environment free from intimidation, harassment and reprisals.” 88 On 13 August 2021, special procedures mandate holders raised serious concern that the detention and listing of Mr. El-Baqer in the terrorist list may be specifically related to his engagement during Egypt’s UPR in 2019. (EGY/8/2021). On 1 December 2021, special procedure mandate holders reiterated publicly their call to the Government to release Mr. El-Baqer noting the arbitrary nature of his detention.89 68. On 14 January 2022, the WGAD adopted its opinion No. 45/2021 and found Mr. ElBaqer’s detention to be arbitrary, requested his immediate release and called for the Government to provide compensation and reparations. The Working Group requested the Government “to ensure that all acts of intimidation against individuals who cooperate with the United Nations, such as Mr. El-Baqer, who collaborated with the universal periodic review of the Human Rights Council, cease”, that “an impartial and effective investigation is carried out in relation to such acts and that those responsible are brought to justice.” (A/HRC/WGAD/2021/45 paras. 84, 88, 102, 108 and 111). 69. On 17 March 2022, special procedure mandate holders addressed allegations of violations of due process and fair trial in the sentencing of Mr. El-Baqer, and his continued inclusion in the terrorist list (EGY 1/2022). Reportedly, on 16 October 2021, Mr. El-Baqer was referred to the Emergency State Security Court (ESSC) under a new Case No. 1228/2021 accused of “spreading false news undermining national security” and “using social media to commit publishing offenses.” Although the state of emergency was lifted 10 days after, the ESSC remains in place for cases referred to it beforehand, including Mr. Baqer’s case. Under ESSC, verdicts are not subject to appeal and can only be commuted or overturned by the President of the Republic. Reportedly, on 23 November 2021, the court of Cassation rejected Mr. El-Baquer’s appeal to remove him from the terrorist list and on 20 December, he was sentenced to four years in prison in Case No. 1228/2021. On 22 December 2022, on social media, OHCHR urged Egypt to release Mr. El-Baqer, amongst others, after he received this sentence, citing concerns over arbitrary detention and breaches of fair trial standards. 90 Reportedly, Mr. El-Baqer remains in pre-trial detention under Case No. 1356/2019 accused of “belonging to a terrorist group” and “funding a terrorist group” and hence at risk of longterm detention if tried and convicted under these charges (EGY 1/2022). It is reported that Mr. El-Baqer’s defence team obtained a certificate from the court proving that the sentence period was calculated from the ratification date of 3 January 2022 until 3 January 2026, which effectively means that the past two and a half years of pretrial detention were not taken into account. 70. The case of Mr. Ramy Kamel Saied Salib, a human rights defender of the Maspero Youth Foundation working on the rights of members of the Coptic Christian minority, was included in the 2020 and 2021 report of the Secretary General91 related to his arrest, detention and torture, allegedly for his attempted participation in the 2019 Forum on Minority Issues (EGY 13/201992). On 23 November 2019, he was placed in pre-trial detention on charges of joining a terrorist group and spreading false news. On 29 July 2020, special procedures mandate holders addressed Mr. Kamel’s pre-trial detention, fair trial guarantees, the periodic renewal of his detention without his presence or that of his lawyers and his health conditions 87 88 89 90 91 92 50 Item 4, General Debate, 32nd Meeting, 46th Regular Session Human Rights Council, 12 March 2021, at https://media.un.org/en/asset/k14/k141uwvm66 (time stamp 00:42:30). See also, EGY 1/2022, EGY/ 5/2021, EGY/8/2021, EGY 10/2020, EGY 11/2019. https://www.ohchr.org/en/press-releases/2021/07/egypt-human-rights-defenders-heldincommunicado-face-spurious-charges-says. https://www.ohchr.org/en/press-releases/2021/12/un-experts-urge-release-rights-defenders-egyptcondemn-misuse-counter. https://twitter.com/UNHumanRights/status/1473687100935622661. A/HRC/45/36, para. 69 and Annex I, paras. 47–48; A/HRC/48/28, para. 63, Annex II, paras. 46–47. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35512.

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