A/HRC/39/41
an unfair and arbitrary punishment of a human rights lawyer and defender, whose only
crime was to exercise his rights to free speech and to defend human rights.” 3 They had
previously expressed concern that his confession may have been coerced by the use of
torture. On 23 March 2018, five special procedures mandate holders issued another
statement regarding Mr. Jiang’s deteriorating health conditions while in detention and
called on the authorities to give him urgent medical attention. 4 The Government in its
response to the special procedures’ communications of 2 December 2016 (CHN 13/2016)
and 28 December 2016 (CHN 15/2016) respectively stated that Mr. Jiang had been charged
with illegal possession of classified State documents with the intention of illegally
transmitting State secrets abroad. It further noted that he has also received long-term
funding and support from abroad and has identified himself as a “citizen agent,” interfering
in several sensitive cases. The Government noted that he fabricated and disseminated
rumours online, incited petitioners of the Government and the family members of persons
involved in the cases to oppose State authorities, interfered with the administration of
justice, and disturbed public order. The Government stated that Mr. Jiang has admitted to
committing offences. The Government did not address the allegations of reprisals.
5.
Egypt
17.
It was reported in the 2017 report of the Secretary-General that on 3 May 2017, four
special procedures mandate holders expressed concerns about the abduction, detention,
torture and ill-treatment of Dr. Ahmed Shawky Abdelsattar Mohamed Amasha (see
A/HRC/36/31, para. 39), reportedly in retaliation for his human rights work documenting
cases of enforced disappearances for the special procedures (A/HRC/36/25, EGY 5/2017).
On 10 March 2017, Dr. Amasha was allegedly abducted by police officers in Cairo, and no
information was given about his whereabouts until 1 April 2017. He was charged on 13
April 2017 with “belonging to a banned group” under the Anti-Terrorism Law of Egypt and
transferred to the Tora prison of Cairo. It was alleged that following his abduction on
10 March 2017, he was secretly detained at the Central Police station of Abbasiya in the
Cairo Governorate and subjected to torture and ill-treatment. On 27 April 2017, his
detention was prolonged. There are serious concerns that the acts committed against Dr.
Amasha constitute acts of reprisals against him for documenting cases of enforced
disappearances for the special procedures (see A/HRC/39/31, para. 39).
18.
During its eightieth session in November 2017, the Working Group on Arbitrary
Detention rendered its opinion that the detention of Mr. Amasha and other individuals was
arbitrary, and requested the Government of Egypt to ensure his and others’ immediate
release and to take steps to remedy their situation, including, by according them an
enforceable right to compensation and other reparations. The Working Group also referred
the case to the Coordinating Committee of the Special Procedures and the Assistant
Secretary-General for Human Rights (see A/HRC/WGAD/2017/78, paras. 89-93).
19.
The 2017 report of the Secretary-General addressed allegations of reprisals against
civil society members in the form of asset freezes (see A/HRC/32/52/Add.1, para. 662 and
A/HRC/36/31, para. 30). Staff members of the Cairo Institute for Human Rights Studies
(CIHRS) and members of their families are alleged to have been targeted for their
cooperation with United Nations mechanisms and their meetings with United Nations
representatives, and are being subject to asset freezes. Mr. Mohamed Zaree, who has been
banned from travelling outside Egypt in relation to this legislation (case 173/2011), was
interrogated on 24 May 2017 by a judge as part of the ongoing prosecution of the foreign
funding case, and has reportedly been accused of submitting information to the United
Nations. He had also been accused of intending to harm Egypt through his role in preparing
for the universal periodic review in 2014. Reportedly, Mr. Zaree was questioned for
allegedly receiving foreign funds for an unregistered entity (CIHRS) and using them for
unlawful activities with the intent of harming national security and interests. In May 2017
the judge pressed three charges, including two felonies, and set his bail at 30,000 Egyptian
3
4
GE.18-13325
OHCHR, “China: UN experts condemn jailing of human rights lawyer Jiang Tianyong,”
23 November 2017.
OHCHR, “China: UN experts concerned about health of jailed rights lawyer Jiang Tianyong,”
23 March 2018.
43