A/HRC/51/47
(EGY 10/2020). They also raised concerns publicly, including on the increasing risk of
COVID-19 due to pre-existing medical conditions of Mr. Kamel.93
71.
In February 2021, mandate holders addressed the situation of Mr. Kamel again
expressing concerns about his health condition, which has reportedly deteriorated
significantly since his arrest (EGY 2/2021). According to information received by OHCHR,
since his arrest, Mr. Kamel’s pre-trial detention has been continuously renewed pending
investigations. No trial has reportedly been set for his case. On 5 May 2021, Mr. Kamel was
reportedly summoned by the Public Prosecution who informed him that he is banned from
international travel. On 16 June 2021, special procedures mandate holders addressed the
arrest and detention of Mr. Kamel and other human rights defenders and acts of intimidation
and reprisals for his engagement with international human rights mechanisms and publicly
called for his release from prison. (EGY/ 5/2021).94 Reportedly, Mr. Kamel has been held in
solitary confinement since his initial hearing to the detriment of his mental health. (EGY/
5/2021) and was released on 8 January 2022 after spending more than two years in pre-trial
detention since his arrest.
72.
The case of Mr. Bahey El Din Hassan, of the Cairo Institute for Human Rights
Studies (CIHRS) was included in the 2019, 2020 and 2021 reports of the Secretary-General95
following criminal charges, a travel ban, and an asset freeze allegedly related to his
cooperation with the United Nations (EGY 16/2017). On 19 September 2019, Mr. Hassan
was sentenced in absentia to three years in prison and a fine by the Cairo Felony Court (Case
No. 5530/2019) for a Twitter commentary he posted related to the Public Prosecution. On 25
August 2020, Mr. Hassan was convicted in absentia by the Fifth Terrorism Circuit Court in
Cairo to 15 years imprisonment under article 34 of the 2018 cybercrimes law in apparent
reprisals for his cooperation with the UN (EGY 13/2020). In October 2020, mandate holders
publicly stated that the verdict was “an act of reprisal, seemingly punishing for his
cooperation with the United Nations”, and that “Egypt is using exceptional ‘Terrorism Circuit
Courts’ to target human rights defenders, silence dissent, and to lock up activists during the
COVID-19 pandemic.” 96 According to information received by OHCHR, in light of his
conviction in absentia, Mr. Hassan continues to be unable to return to Egypt or exercise his
rights as an Egyptian citizen, and remains in exile.
73.
Multiple UN actors have addressed the impact of Egyptian legislation on the ability
of individuals and civil society groups to cooperate with the United Nations. This has
been included in the report of the Secretary-General since 2017.97 On January 2021, the
implementing regulations of NGO Law 149/201998 were adopted (Prime Ministerial Decree
104 of 2021). Under the Law, civil society actors’ engagement with foreign entities such as
the United Nations, requires prior authorization by the Ministry of Interior. On 9 July 2021
(EGY 6/2021), special procedures mandate holders raised concerns about the apparent
negative impact on civic space and NGOs of NGO Law 149/2019 and its 2021 regulations.
Allegedly, the Law and its by-law limit NGOs’ ability to receive and use foreign funding and
their areas of work. It also grants the Government discretionary power to deny NGOs
registration and without a time limit. According to information received by OHCHR, in
January 2022, Egypt’s cabinet agreed to postpone the deadline for NGO registration under
the NGO Law and reportedly, the deadline was then again officially extended.
93
94
95
96
97
98
ttps://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26182&LangID=E.
https://www.ohchr.org/en/press-releases/2021/07/egypt-human-rights-defenders-heldincommunicado-face-spurious-charges-says.
A/HRC/42/30, para. 50 Annex II, para. 50; A/HRC/45/36, para. 70 Annex II, para. 49; A/HRC/48/28,
para. 63, Annex II, paras. 44–45.
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26364&LangID=E.
A/HRC/36/31, Annex I, para. 33, A/HRC/39/41, Annex I para. 19–22, A/HRC/42/30, paras. 48–50
and Annex II, A/HRC/45/36, Annex II, paras. 50–53, A/HRC/48/28, Annex II, paras. 50–11.
See A/HRC/45/36, Annex II para. 51–53.
51