A/HRC/41/41/Add.1
Saudi Arabia
100. JUA Case no: SAU 13/2018 (Saudi Arabia), sent on 11 October 2018, replies
received on 21 November 2018 (acknowledgement of receipt) and 11 January 2019.
Allegations concerning Mr. Ali al-Nimr, Mr. Dawood al-Marhoon, Mr. Abdullah al-Zaher,
Mr. Mujtaba al-Sweikat, Mr. Salman Qureish and Mr. Abdulkarim al-Hawaj (a total of 6
individuals), who face imminent execution as a result of the criminalisation of the exercise
of fundamental rights exercised when they were under the age of 18.
Tunisia
101. JAL Case no: TUN 4/2018 (Tunisia), sent on 7 January 2019, reply received on 15
March 2019. Informations reçues concernant des entraves observées lors de la procédure
d’enregistrement de l’organisation Shams, ainsi que le harcèlement et les menaces dont
seraient victimes les membres de cette organisation.
102. JAL Case no: TUN 2/2019 (Tunisia), sent on 28 February 2019, reply received on
15 March 2019. Informations reçues concernant des tentatives d’entrave à l’exercice de la
liberté d’association de l’association Shams.
Responses to communications
103. During the present reporting period, the Special Rapporteur sent 19 communications
to 9 countries in the Middle East and North Africa region, receiving responses to 8 of them.
The response rate for the region was 42 per cent, a slight decrease from the response rate
noted in the previous reporting period. The Special Rapporteur encourages States to
continue their engagement with his mandate and looks forward to receiving responses to the
other communications in the near future.
Freedom of peaceful assembly
104. In the Middle East and North Africa region, the Special Rapporteur sent
communications regarding freedom of assembly to Egypt (2), Israel (2) and Saudi Arabia,
among others during the reporting period. He thanks the Governments of Egypt and Saudi
Arabia for their replies dated 25 October 2018, and 21 November 2018 and 11 January
2019 respectively and looks forward to receiving a response to the communication sent to
the Government of Egypt on 20 March 2019. The Special Rapporteur hopes to receive
replies to communications sent to the Government of Israel soon.
105. The Special Rapporteur notes with concern the case of transgender woman and
LGBTIQ human rights defender Ms. Malak Al-Kashif, who was arrested on 6 March 2019
by National Security forces (EGY 4/2019). It is alleged that Ms. Al-Kashif was arrested in
connection with her calls for protests following the Ramses Station train accident in Cairo,
which occurred on 27 February 2019. After being interrogated, Ms. Al-Kashif was held by
authorities in an unknown location for three consecutive days, and, on 10 March 2019, she
was allegedly referred to a hospital for a medical examination, which included a coercive
anal examination. Ms. Al-Khashif faces charges of “aiding a terrorist organisation” and
“misusing social media to commit a crime punishable by law with the intention of
disrupting public order”. According to allegations received, Ms. Al-Khashif’s case is not
alone in this regard, and indeed over 60 cases of arbitrary arrest have occurred in relation to
peaceful protests over the incident. Those arrested also face the same charges as Ms. AlKhashif. The Special Rapporteur stresses that the right to freedom of peaceful assembly
must be guaranteed by the Government of Egypt, and an expression of collective will
calling for solidarity and accountability should not be criminalised. He notes that public
order offences are often used in order to criminalise assemblies and the Special Rapporteur
urges the Government to Egypt to ensure that they are not used to prosecute people for the
legitimate expression of their rights.
106. The Special Rapporteur also expressed concern over the introduction of a draft law,
approved by the Egyptian House of Representatives, which would grant amnesty to certain
high-ranking military officers (EGY 12/2018). The “Law Governing the Treatment of
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