A/HRC/51/47
underwent forensic medical examination without a lawyer being present and never received
the results. On 10 April 2022, his pre-trial detention was extended for another 45 days at the
Institute of Police Secretaries in the Tora Prison in the presence of Mr. Amasha and his
lawyer. Reportedly, the maximum period of pre-trial detention applicable to Mr. Amasha in
accordance with Egyptian law will be reached in mid-July 2022. Mr. Amasha shares a cell
of 3 by 1.5 meters with nine other inmates, and is denied access to medicines, books, pen and
papers.
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-General82 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. 83 At the March 2021 session of the Human Rights
Council, a group of 26 Member States called for Mr. Metwally’s release.84 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).85 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.
66.
The case of Mr. Mohamed El-Baqer, a human rights lawyer affiliated with the
Adalah Center for Rights and Freedoms, was included in the 2020 and 2021 reports of the
Secretary-General.86 The case related to his arrest, ill-treatment and terrorism and national
security charges following the engagement of the Adalah Center, in Egypt’s 2019 Universal
Periodic Review (UPR) concerning the human rights situation of the Nubians (EGY
11/2019). In July 2020, special procedures mandate holders addressed Mr. El-Baqer’s pretrial detention related to “publishing false news, belonging to a terrorist group and receiving
funds to carry out the goals of this group” and his fair trial guarantees (EGY 10/2020). In
February 2020, the Court ordered his release, but this decision was overturned. In August
2020, Mr. El Baqer was accused of “joining a terrorist organization” and “participating in a
criminal agreement with the intention of committing a terrorist crime”. On 19 November
2020, Mr. El-Baqer was included in the terrorist list as published in the Egyptian Official
Gazette. Multiple UN actors have addressed the situation of Mr. El-Baqer repeatedly with
82
83
84
85
86
A/HRC/39/41, para. 38, Annex I, para. 32–35; A/HRC/42/30, para. 52 and Annex II, paras. 42–44;
A/HRC/45/36, para. 70 Annex II, paras. 44–46; A/HRC/48/28, para. 63, Annex II, paras. 40–41.
A/HRC/WGAD/2019/41, paras. 34, 40, 46, 51, 56. See also (A/HRC/45/13, para. 63).
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, https://www.ohchr.org/en/press-releases/2021/07/egypt-human-rights-defenders-heldincommunicado-face-spurious-charges-says.
A/HRC/45/36, para. 67 and Annex I, paras. 45–46; A/HRC/48/28, para. 63, Annex II, paras. 46–47.
49