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 report of the SecretaryGeneral154 related to his arrest, ill-treatment and terrorism and national security charges following Adalah’s engagement in Egypt’s 2019 UPR related to the human rights situation of the Nubians (EGY 11/2019). On 29 July 2020, special procedures mandate holders addressed Mr. El-Baqer’s pre-trial detention and fair trial guarantees under case 1356/2019 related to publishing false news, belonging to a terrorist group, and receiving funds to carry out the goals of this group (EGY 10/2020). On 18 February 2020, the Tora Assize Court ordered the release of Mr. El-Baqer, but the decision was overturned after an appeal by the Supreme State Security Prosecutor. Since his arrest, M. El-Baqer’s detention has been reportedly renewed in absentia by the Criminal Court in Cairo every 15 to 45 days. 47. According to information received by OHCHR, on 31 August 2020 Mr. El-Baqer was brought before the Supreme State Security Prosecutor and accused under a new Case No. 855/2020 for “joining a terrorist organization” and “participating in a criminal agreement with the intention of committing a terrorist crime.” Mr. El-Baqer’s pre-trial detention is reportedly renewed periodically under the first case. On 23 November 2020, the Cairo Criminal Court reportedly published its decision to add Mr. El-Baqer to the terrorist list in the Egyptian Official Gazette on 19 November 2020, which includes restrictions such as a travel ban and a freeze of assets for three years. At the March 2021 session of the Human Rights Council, a group of 26 States addressing cases of alleged reprisals, amongst other issues, called for Mr. El-Baqer’s release.15

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. 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 pre-trial 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 the relevant authorities, including allegations of acts of reprisals for his cooperation with the UN.
67. On 16 June 2021, special procedures mandate holders addressed the case of Mr. El-Baqer 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.” 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.
68. On 14 January 2022, the WGAD adopted its opinion No. 45/2021 and found Mr. El-Baqer’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. 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 long-term 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.

52. The case of Mohamed el-Baqer, a human rights lawyer from the Adalah Center for Rights and Freedoms, has been included in the reports of the Secretary-General since 2020 on allegations of arrest, ill-treatment and terrorism 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). Mr. el-Baqer was accused of “joining a terrorist organization” and “participating in a criminal agreement with the intention of committing a terrorist crime” and included in an official terrorist list. The situation of Mr. el Baqer, and the allegations of reprisals for his engagement in the 2019 UPR of Egypt, havebeen 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 Egypt 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, 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 haad 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.

83. The case of Mohamed el-Baqer, a human rights lawyer from the Adalah Center for Rights and Freedoms, has been included in the reports of the Secretary-General since 2020 on allegations of arrest, ill-treatment and terrorism 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 2021, Mr. el-Baqer was convicted and sentenced for “joining a terrorist organization” and “participating in a criminal agreement with the intention of committing a terrorist crime” and was included in an official terrorist list.
84. According to the information received by OHCHR, Mr. El-Baqer was released from prison in July 2023 following a Presidential pardon. Mr. el-Baquer’s name is still included on a terrorism list (Case No. 1781/ 2019) exposing him to a possible travel ban and arrivalwaiting lists, the potential withdrawal or cancellation of his passport without possibility to receive a new passport, and the freezing of funds.