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.