A/HRC/43/51/Add.3
violence are commonly brought against human rights defenders, including lawyers,
journalists and peaceful protesters, as in the cases of Mr. Ramy Shaath and Mr. Ibrahim
Metwally. The Special Rapporteur would like to underline that the peaceful and legitimate
work of human rights defenders should never be conflated with acts threatening national
security. With regard to the Code of Criminal Procedures and the 2015 Law Against
Terrorism, the Special Rapporteur notes the exceptionally wide definition of terrorism
therein.
647. The Special Rapporteur wishes to express his grave concerns over multiple allegations
contained in the communications sent reporting acts of torture and/or ill-treatment
perpetrated against human rights defenders while in detention such as the cases of Mr.
Mohamed El-Baqer, Mr. Alaa Abdel Fattah and Ms. Esraa Abdel Fattah. The Special
Rapporteur urges the Government to respond substantively to the allegations concerning
torture and ill-treatment of human rights defenders, and to explain what steps have been taken
in order to bring the perpetrators to justice.
648. The Special Rapporteur further expresses his concerns over a pattern of allegations of
human rights defenders being arrested and taken to an unknown location, as in the cases of
members of the Egyptian Coordination for Rights and Freedoms or a journalist who was
arrested at Cairo International Airport upon returning from a media course abroad. The
Special Rapporteur stresses that enforced disappearance, for any amount of time, constitutes
a serious human rights violation and gives rise to serious concerns regarding potential for
torture and other forms of ill-treatment.
649. The Special Rapporteur further reiterates his serious concerns over allegations
regarding the persistent use of renewable periods of pre-trial detention to detain human rights
defenders. This pattern was reflected in several communications sent in the reporting period,
including the case of Ms. Malak Al-Kashif who was arrested in connection with her call for
peaceful protest as well as her work in the defence of LGBTI rights. The Special Rapporteur
follows the information available in public media, concerning her release in July 2019, but
remains concerned, given that she had been held in pre-trial detention for over 120 days.
650. Serious allegations have been raised with the Government regarding three cases of
reprisals against human rights defenders for their cooperation with the UN. Following his
arrest, Mr. El-Baqer was reportedly questioned by the prosecutor about his work at the
Adalah Center for Rights and Freedoms and his engagement with the United Nations in the
context of the Universal Periodic Review (UPR) of Egypt. The Special Rapporteur is also
concerned about the alleged re-arrest and charges brought against Mr. Metwally, in apparent
contradiction with the Cairo Criminal Court’s acquittal verdict. As previously communicated
to the Government, he is concerned that the measures against Mr. Metwally seem to
constitute acts of reprisal against him for Mr. Metwally’s cooperation with the UN, in
particular for traveling to Geneva to meet with the Working Group on Enforced
Disappearance and attend the session of the Human Rights Council. The Special Rapporteur
is also concerned for the allegations that, Ms. Ashraf and Mr. Zarea were subjected to highlevel public statements and public smear campaigns that may be considered as an act of
reprisal for their participation at a UN Human Rights Council side event on 1 March 2019.
651. The Special Rapporteur also raises concerns about the arrest and detention of Mr.
Shaath, coordinator of the Boycott, Divestment and Sanctions (BDS) Movement in Egypt,
the criminal charges brought against him under counter-terrorism law, the deportation of his
spouse to France and the reported smear campaign against him. Widespread public smear
campaigns can also create a chilling effect on civil society as a whole, leading human rights
defenders to abandon their work and self-censor.
652. Finally, the Special Rapporteur is gravely concerned at the alleged excessive use of
force against peaceful protesters and the wave of arrests carried out in September 2019 in the
context of a series of peaceful protests across the country, in which demonstrators called for
the President to resign and for an end to government corruption and austerity measures. The
Special Rapporteur calls on the Government to immediately cease its campaign of
persecution against protesters, human rights defenders, journalists and anyone else with
divergent opinions, and take all measures to guarantee a safe and enabling environment for
all Egyptians, independent of their political opinions.
89
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