A/HRC/45/13
reiterates concerns expressed as to the lack of investigations of enforced disappearances,
and allegations of torture, including in instances where victims have informed prosecutors
that they were subjected to enforced disappearance and torture. 29
62.
The Working Group has continued to receive allegations of the enforced
disappearance of persons who have received a court decision ordering their release. Such
disappearances are reportedly occurring at police stations: national security officers have
allegedly removed individuals expecting to be released from such police stations and have
taken them to undisclosed locations without providing any formal information as to their
fate. The Working Group has also noticed discrepancies between the information provided
by the Government confirming the release of individuals and the actual release date
confirmed by sources. In this regard, the Working Group recalls the provisions of article 11
of the Declaration on the Protection of All Persons from Enforced Disappearance, which
require that all persons deprived of liberty be released in a manner permitting reliable
verification that they have actually been released, and, furthermore, that they have been
released in conditions in which their physical integrity and ability to fully exercise their
rights are assured.
63.
The Working Group remains deeply concerned about alarming reports of reprisals
against human rights defenders. During the reporting period, the Working Group
transmitted, with other special procedures, communications30 to the Government of Egypt
regarding the arrest, disappearance, and detention and prosecution under terrorism-related
charges of human rights defenders. The Working Group continues to condemn the ongoing
detention of Ibrahim Abdelmonem Metwally Hegazy in reprisal for his activities as a
human rights defender and cooperation with the Working Group on Enforced or
Involuntary Disappearances. The Working Group calls on the Government of Egypt to
immediately halt the pretrial detention of Mr. Metwally, which began on 10 September
2017 and was found to be arbitrary by the Working Group on Arbitrary Detention which
adopted an opinion on the matter on 14 August 2019.31 The Working Group on Enforced or
Involuntary Disappearances draws the attention of the public to the information that Mr.
Metwally allegedly was arrested, arbitrarily detained, disappeared for two days during
which he was reportedly tortured, initially denied access to his defence lawyer, and refused
family visits, in retaliation for his activities as a human rights defender documenting cases
of enforced disappearance, including that of his own son, in Egypt. He was allegedly
arrested while at the airport travelling to Geneva to meet with the Working Group on
Enforced or Involuntary Disappearances and attend a session of the Human Rights Council.
64.
The Working Group notes that as part of the third universal periodic review of
Egypt, in November 2019, several recommendations were made with regard to addressing
enforced disappearances in the country. The Working Group fully supports the
recommendation made to Egypt to ratify the International Convention for the Protection of
All Persons from Enforced Disappearance.
65.
The Working Group encourages Egypt to continue extending its cooperation. It also
calls on the Government of Egypt to investigate reported cases of enforced and involuntary
disappearance and bring those responsible to justice, including in cases in which the fate
and whereabouts of the person has been clarified, and provide remedy and reparation to the
victims.
India
66.
The Working Group is seriously concerned by the complete lack of progress on
cases of enforced disappearance in Jammu and Kashmir. This has been compounded by the
closure of the Jammu and Kashmir State Human Rights Commission in 2019, which had
been working on several hundred cases of disappearance as well as on the matter of
unmarked and mass graves. The Working Group emphasizes that investigations should
29
30
31
EGY 4/2020; and A/HRC/WG.6/34/EGY/2, para. 15.
EGY 7/2019, EGY 12/2019 and EGY 6/2020.
Working Group on Arbitrary Detention opinion No. 41/2019; and EGY 12/2019.
19
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