opencaselaw.ch

A/HRC/WGAD/2025/23

Opinion No. 23/2025 concerning Alaa Ahmed Seif al-Islam Abd el-Fattah Hamed (Egypt)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-04-10 · en UN

Opinion; Subjects: EGYPT, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.25-07106 (E)

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 102nd session, 1–10 April 2025

Opinion No. 23/2025 concerning Alaa Ahmed Seif al-Islam Abd

el-Fattah Hamed (Egypt)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work,1 on 9 December 2024, the Working Group

transmitted to the Government of Egypt a communication concerning Alaa Ahmed Seif

al-Islam Abd el-Fattah Hamed. The Government replied to the communication on 6 March

2025. The State is a party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination, based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/23

General Assembly

Distr.: General

13 June 2025

Original: English

A/HRC/WGAD/2025/23

2

GE.25-07106

1.

Submissions

(a)

Communication from the source

4.

Mr. Abd el-Fattah was born in 1981 and is a dual national of Egypt and the United

Kingdom of Great Britain and Northern Ireland. He is a software developer, writer and

political activist ordinarily residing in Giza.

(i)

Context

5.

According to the source, Mr. Abd el-Fattah was among the first in the Egyptian online

community to advocate for political change in Egypt, his name becoming synonymous with

the 2011 uprising. He has won awards and international recognition for his activism.

6.

Starting in 2006, Mr. Abd el-Fattah was reportedly arrested and detained on several

occasions for protesting peacefully, notably in support of an independent judiciary and

against the court-martialling of civilians before military tribunals. In a 2016 opinion, the

Working Group on Arbitrary Detention found one such instance of the detention of Mr. Abd

el-Fattah to be arbitrary and called for his immediate release.2 Upon his release in 2019,

Mr. Abd el-Fattah was allegedly subjected to a probation condition requiring him to spend

12 hours each day at the Dokki Police Station for a period of five years.

(ii)

Arrest and detention

7.

On 29 September 2019, Mr. Abd el-Fattah was reportedly arrested again from inside

his cell in the Dokki Police Station for being a member of a terrorist organization, funding a

terrorist organization, spreading “false news” that harmed the national interests of Egypt and

misusing social media to spread false news.

8.

According to the source, Mr. Abd el-Fattah was taken to the headquarters of the

Supreme State Security Prosecution in Cairo for interrogation. No arrest warrant was

produced. He was not informed of the name of the terrorism organization that he was accused

of belonging to and funding, or the basis for the false news allegations. His lawyer was also

arrested on suspicion of the same charges.

9.

On 30 September 2019, Mr. Abd el-Fattah was reportedly transferred to the Tora II

prison, where, upon arrival, he was blindfolded, stripped to his underwear and beaten as part

of a so-called welcome parade. He was not permitted any exercise time or fresh air and denied

access to reading materials, adequate clothing and hot water. According to the source, none

of the complaints made on behalf of Mr. Abd el-Fattah to the Prosecutor General between

October 2019 and March 2021, including in respect of threats and physical mistreatment that

he had suffered in the Tora II prison, led to a response.

10.

The source further claims that, for most of this period, under the pretext of the

coronavirus disease (COVID-19) pandemic, Mr. Abd el-Fattah was allowed only very limited

access to his lawyers, with prison visits suspended and no alternative means of private

communication offered. In addition, he was not allowed to send letters to his family.

11.

According to the source, no court hearings took place between Mr. Abd el-Fattah’s

arrest on 29 September 2019 and 18 February 2020, during which time his pretrial detention

was renewed every 15 days by a prosecutor.

12.

The source states that, on 18 February 2020, his case was referred to a criminal court

for the review and renewal of his pretrial detention, in accordance with Egyptian law, which

requires such review and renewal every 45 days, resulting in the court ordering Mr. Abd

el-Fattah’s release. That order was overturned two days later, however, following an appeal

from the prosecution. The next review hearing, due in April 2020, never took place, allegedly

because of the pandemic.

2 Opinion No. 6/2016.

A/HRC/WGAD/2025/23

GE.25-07106

3

13.

In May 2020, Mr. Abd el-Fattah’s detention was extended without reasons being

provided, the decision having allegedly been taken in his absence and in respect of which his

lawyers were not permitted to make representations.

14.

On 17 August 2021, with the two-year limit for pretrial detention under Egyptian law

about to expire, the Supreme State Security Prosecution reportedly brought Mr. Abd el-Fattah

back in for questioning and revealed that the evidence for the crime for which he was being

held was a Facebook post that he had shared concerning the death of a Tora II prison inmate.

It transpired also that the Tora II prison official identified in the Facebook post as implicated

in the death of the inmate was the same individual who supervised Mr. Abd el-Fattah and

had been responsible for his welcome parade.

15.

The source further alleges that, on 16 October 2021, the Supreme State Security

Prosecution referred Mr. Abd el-Fattah’s case to the Emergency State Security Court, without

informing his lawyers. He was charged with spreading false news harming the national

interests of Egypt. Requests by his lawyer for access to the 2,000-page case file, or a copy

thereof, for permission to visit him in detention and to call as witnesses prison officials,

including the one identified in the Facebook post, were rejected or ignored.

16.

On 20 December 2021, the Emergency State Security Court reportedly convicted

Mr. Abd el-Fattah of spreading false news harming the national interests of Egypt, pursuant

to articles 80 (d) and 102 (bis) of the Criminal Code, for sharing the Facebook post, and

sentenced him to five years’ imprisonment. Neither the prosecution nor the defence were

allegedly heard on the merits at the trial. The source states that the verdict is not subject to

appeal, as it was issued by an emergency court, and only the President of Egypt has the

authority to quash it or to commute the sentence. The sentence was purportedly ratified on

3 January 2022, without the time already spent in detention being deducted. That means that,

absent presidential intervention, Mr. Abd el-Fattah will remain in prison until at least

3 January 2027.

17.

In December 2021, Mr. Abd el-Fattah became a British citizen. The source claims,

however, that the Egyptian authorities have refused to grant the United Kingdom consular

access to Mr. Abd el-Fattah.

18.

Moreover, in April 2022, Mr. Abd el-Fattah embarked on a hunger strike, leading

world leaders and United Nations experts, including the Working Group, to express fears for

his life and call for his release. 3 In May 2022, Mr. Abd el-Fattah was moved to Wadi

al-Natrun Prison following public pressure, but he was still denied time to exercise and placed

in a prison cell in which the lights were never turned off and there was a camera switched on

at all times. Prison officials also blocked his access to his lawyers and he was only allowed

20-minute visits behind security glass, limiting meaningful interaction with his family.

(iii)

Legal analysis

19.

The source argues that Mr. Abd el-Fattah’s detention constitutes an arbitrary

deprivation of his liberty under categories I, II, III and V of the Working Group’s methods

of work.

a.

Category I

20.

The source argues that, contrary to the requirements stemming from article 9 (2) of

the Covenant, Mr. Abd el-Fattah was never shown an arrest warrant or provided information

about his arrest and the allegations against him. It submits that the terrorist organization that

he was accused of belonging to and financing was never named. Moreover, the authorities

did not explain what false news he had purportedly spread, nor how he had harmed the

national interests of Egypt in doing so. No indictment was ever issued.

21.

The source underlines that Mr. Abd el-Fattah was held in pretrial detention for nearly

two years before being notified, on 17 August 2021, of the basis for the sole offence for which

he was convicted – spreading false news, based on his sharing the Facebook post regarding

3 See Office of the United Nations High Commissioner for Human Rights, “UN experts call for

immediate release of Alaa Abdel Fattah”, 11 November 2022.

A/HRC/WGAD/2025/23

4

GE.25-07106

the death of the inmate in the Tora II prison. The source therefore concludes that he cannot

be said to have been promptly informed of the charges against him.

22.

The source argues that the offence of spreading false news under article 80 (d) of the

Criminal Code is extremely vague, making it vulnerable to an excessively broad

interpretation by the authorities. Moreover, it points out that numerous human rights bodies,

including the Working Group, have found that defamation should not be criminally punished

or lead to a custodial sentence.4 While articles 80 (d) and 102 (bis) of the Criminal Code may

not address defamation per se, there is little to distinguish between laws on libel and those

provisions on harming “national interests” by spreading “false news” – particularly when it

comes to freedom of expression. As a result, the imposition of a five-year sentence on

Mr. Abd el-Fattah in application of those two provisions for an online act relating to an issue

of obvious public interest is unnecessary, disproportionate and excessive.5

23.

The source further submits that article 9 (3) and (4) of the Covenant requires prompt,

meaningful and periodic review of the detention, which would also be in line with article 54

of the Constitution of Egypt, and that judicial oversight is essential in ensuring that detention

has a legal basis. In addition, the Working Group has found that there had been a violation

of article 9 (4) of the Covenant where the victim’s detention had been effectively

automatically renewed every 45 days by the prosecution, such that it was arbitrary under

category I.6

24.

In a clear breach of those requirements, however, Mr. Abd el-Fattah was detained for

more than two years before his trial took place. Furthermore, there is no evidence that the

Egyptian authorities even considered the possibility of releasing him on bail, let alone that

they had carried out a substantive review of his detention. Rather, his pretrial detention was,

in effect, automatically renewed by the prosecution. For example, in September 2021,

Mr. Abd el-Fattah’s detention was simply extended for a further 45 days.

b.

Category II

25.

According to the source, Mr. Abd el-Fattah’s detention is arbitrary under category II

insofar as it results from the violation of his freedom of opinion and expression, as enshrined

in article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.7

The source points out that those provisions extend to the work of writers and bloggers and to

social media content.8 Moreover, they include the right of individuals to criticize or openly

and publicly evaluate their Governments without fear of interference or punishment.9

26.

In addition, the source recalls the Working Group’s statement that “general

prohibitions on the dissemination of information based on vague and ambiguous ideas,

including false news or information, are incompatible with international standards on

restrictions on freedom of expression”.10

27.

The source considers that, given Mr. Abd el-Fattah’s role as a political activist and

the fact that he has been publicly critical of the Egyptian authorities, his incarceration

demands an intense review, especially as it is just the latest instance of his being targeted in

that way. It posits that the Egyptian authorities are seeking to make an example of him and

4 Human Rights Committee, general comment No. 34 (2011), para. 47; Human Rights Committee,

Adonis v. Philippines (CCPR/C/103/D/1815/2008/Rev.1), paras 7.7–7.10; and opinion No. 35/2008,

para. 36.

5 Opinions No. 10/2018, paras. 53 and 54; and No. 36/2019, para. 44.

6 Opinion No. 41/2019, para. 33. See also European Court of Human Rights, Mooren v. Germany,

Application No. 11364/03, Judgment, 9 July 2009, para. 106; and Brogan et al. v. United Kingdom,

Applications No. 11209 /84, No. 1234/84, No. 11266/84 and No. 11386/85, Judgment, 29 November

1988, para. 65.

7 Opinion No. 51/2017, para. 35.

8 Opinion No. 6/2016, para. 48. See also opinions No. 43/2011 and No. 12/2014.

9 Human Rights Committee, De Morais v. Angola (CCPR/C/83/D/1128/2002), para. 6.7. See also

opinions No. 37/1994 and No. 19/1999.

10 Opinion No. 31/2023, para. 102. See also opinion No. 62/2012, para. 39.

A/HRC/WGAD/2025/23

GE.25-07106

5

that his treatment stems from the peaceful exercise of his right to freedom of expression and

forms part of a wider crackdown in Egypt designed to silence dissent.

c.

Category III

28.

The source submits that Mr. Abd el-Fattah’s detention is arbitrary under category III,

as his right to a fair trial has been violated.

29.

The source argues that there is no indication that the Egyptian authorities carried out

any individualized determination of whether detention was reasonable and necessary in

Mr. Abd el-Fattah’s case, as is required under article 9 (3) of the Covenant.11 It claims that

the authorities did not pay any attention to his individual circumstances nor examine whether

any alternatives to detention were appropriate. Far from viewing his detention pending trial

as “exceptional”, the source argues that the authorities appear to have regarded it as routine.

30.

The source further claims that the requirements of article 14 (3) of the Covenant have

not been satisfied in a number of ways in the present case, as Mr. Abd el-Fattah has been

prevented from being able to prepare his defence.12 The authorities suspended prison visits,

with no other means of private communication with his lawyers being offered. They also

regularly refused his lawyer permission to visit him in detention following the referral of his

case to the Emergency State Security Court and prior to his conviction.

31.

The source points out that Mr. Abd el-Fattah and his lawyers were, in addition, denied

access to or a copy of the case file, leaving them unable to properly review the documentary

evidence against him.13 No indictment was ever issued, either; he was not provided with a

clear, detailed and precise description of the facts against him and the requisite correlation

between indictment and conviction was entirely absent. Moreover, the authorities reportedly

took the extraordinary step of arresting Mr. Abd el-Fattah’s lawyer.

32.

The source refers to article 14 (3) (d) of the Covenant to assert the right of accused

persons to be present at trial and to defend themselves, whether in person or via legal

assistance of their own choosing. In Mr. Abd el-Fattah’s case, the source points out that he

was precluded by the Emergency State Security Court from presenting any form of defence

at trial.

33.

The source argues that, as a matter of international human rights doctrine, courts

should take into account pre-conviction detention and credit their sentence accordingly.14 Not

doing so is a violation of article 14 (7) of the Covenant, which provides that no one shall be

liable to be punished again for an offence for which he has already been finally convicted. In

Mr. Abd el-Fattah’s case, not only were his two years of pretrial detention not deducted from

his five-year sentence, his two months’ detention during trial was not deducted either and the

five-year sentence did not start running until January 2022. The result is that, if and when he

is finally released in January 2027, he will have spent well over seven years in prison for an

offence that, under Egyptian law, carries a maximum prison term of five years.

34.

The source, moreover, points out that, contrary to article 14 (5) of the Covenant,

Mr. Abd el-Fattah’s conviction by the Emergency State Security Court is not subject to

appeal. Only the President of Egypt purportedly has the authority to quash the verdict or to

commute his sentence.

35.

Furthermore, the source alleges that Mr. Abd el-Fattah was regularly denied the right

to be visited by and to correspond with his family and to communicate adequately with the

11 Human Rights Committee, general comment No. 35 (2014), para. 38; and opinions No. 56/2017,

para. 9; and No. 62/2017, para. 41.

12 African Court on Human and Peoples’ Rights, Ajavon v. Benin, Application No. 013/2017, Judgment,

29 March 2019, paras. 154 and 155; Human Rights Committee, general comment No. 32 (2007),

paras. 32 and 34; and Body of Principles for the Protection of All Persons under Any Form of

Detention or Imprisonment, principles 11, 15, 17 and 18. See also opinion No. 10/2008, para. 31;

Inter-American Court of Human Rights, Ramírez v. Guatemala, Judgment, 20 June 2005, para. 67;

and European Court of Human Rights Sadak et al. v. Turkey (No. 1), Applications No. 29900/96,

No. 29901/96, No. 29902/96 and No. 29903/96, Judgment, 17 July 2001, paras 43–59.

13 Opinions No. 46/2011, paras. 12, 13 and 23; and No. 48/2017, paras. 15 and 46.

14 E/CN.4/2006/7/Add.3, paras. 72–74.

A/HRC/WGAD/2025/23

6

GE.25-07106

outside world, contrary to principles 15 and 19 of the Body of Principles for the Protection

of All Persons under Any Form of Detention or Imprisonment and rules 43 (3) and 58 of the

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela

Rules). It argues that conditions of detention and health conditions similar to those in the

present case have been considered previously by the Working Group to have prevented the

detained individual from being able to mount an effective defence, in violation of

article 14 (3) of the Covenant.15

36.

The source also maintains that, contrary to the requirement in article 14 (1) of the

Covenant for trials to be adjudicated by an independent and impartial tribunal, Mr. Abd

el-Fattah was tried before the Emergency State Security Court, a special emergency court,

without compelling reason. This enabled exceptional procedures and rules to apply to his

case that did not comply with ordinary standards of justice. 16 Moreover, the state of

emergency, on which the Egyptian authorities seemingly relied to try Mr. Abd el-Fattah

before that court, was lifted just days after his case had been referred to that court. The source

further posits that the Emergency State Security Court was neither independent nor impartial.

Its composition is determined by the President, who appoints its judges and has the power to

alter its decisions.17

37.

The source submits that Mr. Abd el-Fattah was imprisoned despite there now being a

substantial body of international law focused on promoting non-custodial measures as an

alternative to imprisonment. A prison sentence is therefore never appropriate for defamation

or similar offences.18

d.

Category V

38.

The source argues that Mr. Abd el-Fattah’s detention is arbitrary under category V as

it is the result of discrimination on the grounds of political opinion, specifically, his criticism

of the Egyptian authorities.

39.

The source contends that, when assessing whether there has been a case of deprivation

of liberty on discriminatory grounds for the purposes of category V, the Working Group

considers various factors, including whether other persons with similarly distinguishing

characteristics have also been targeted and whether the context suggests that the authorities

have detained a person on discriminatory grounds.19

40.

The source also submits that, according to the Working Group, the references to

“political or other opinion” and “other status” in article 26 of the Covenant include a person’s

status as a human rights defender.20 In addition, the Human Rights Committee has made clear

that the right to equality before the law under article 26 prohibits discrimination in any field

regulated and protected by public authorities.21 The lawful exercise of one’s profession is one

such area in which discrimination is prohibited.

41.

Applying the above principles, the source concludes that Mr. Abd el-Fattah’s

detention constitutes discrimination on the grounds of political opinion. Furthermore, his

incarceration constitutes discrimination on the grounds of his profession, namely his roles as

a writer, blogger, political activist and human rights defender.

(b)

Response from the Government

42.

On 9 December 2024, the Working Group transmitted the allegations from the source

to the Government under its regular communications procedure. The Working Group

requested the Government to provide, by 7 February 2025, detailed information on Mr. Abd

15 See opinion No. 60/2022.

16 Human Rights Committee, general comments No. 13 (1984), para. 4, and No. 32 (2007), paras. 18

and 19; and Human Rights Committee, Bahamonde v. Equatorial Guinea (CCPR/C/49/D/468/1991),

para. 9.4.

17 Emergency Law No. 162 of 1958, art. 7.

18 See United Nations Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules).

19 A/HRC/36/37, para. 48.

20 Opinion No. 45/2016, para. 44.

21 Human Rights Committee, general comment No. 18 (1989), para. 12.

A/HRC/WGAD/2025/23

GE.25-07106

7

el-Fattah’s current situation and to clarify the legal provisions justifying his continued

detention and its compatibility with the obligations of Egypt under international human rights

law and, in particular, with regard to the treaties ratified by the State. Moreover, the Working

Group called upon the Government to ensure his physical and mental integrity.

43.

On 3 February 2025, the Government requested an extension of the time limit, in

accordance with paragraph 16 of the Working Group’s methods of work, and was granted a

new deadline of 7 March 2025.

44.

In its response, received by the Working Group on 6 March 2025, the Government

stresses that Egypt is committed to guaranteeing to all individuals under its jurisdiction the

rights enshrined in international conventions to which it is a party. It also provides effective

means of redress to those who claim violations of their rights.

45.

The Government argues that Egypt has been subjected to serious terrorism threats and

that terrorist groups have increasingly exploited the Internet to disseminate their propaganda.

It underlines that the national counter-terrorism strategy of Egypt is based on the rule of law,

human rights and the principles of international cooperation and that some restrictions on

freedoms may be justified, if those freedoms are misused to incite discrimination or violence.

The Government stresses, moreover, that, as in all democratic societies, there is no freedom

to commit crimes in Egypt. All offences are investigated and tried independently and

impartially and no one is investigated unless there is sufficient evidence of the commission

of an offence punishable under the Criminal Code.

46.

The Government claims that Mr. Abd el-Fattah’s arrest on 29 September 2019 as part

of case No. 1356 of 2019 was authorized by a prosecutor and concerned meetings in which

he had participated aimed at escalating hostile activity against the State by spreading rumours

and false information, providing financial support, recruiting and exploiting social

networking sites to those ends. He was accompanied by six lawyers during his interrogation

by the Public Prosecution. The Public Prosecution physically examined him to ensure that

there were no signs of injury or physical ill-treatment, which Mr. Abd el-Fattah himself also

purportedly confirmed. The Public Prosecution confronted him with the accusations against

him and he was allowed to present his defence, upon which he was charged, in line with the

international obligations of Egypt, notably Security Council resolution 1373 (2001).

47.

The Government states that Mr. Abd el-Fattah was remanded into pretrial detention

in accordance with articles 134 and 136 of the Code of Criminal Procedure. The decision to

renew his detention was within the discretion of the competent judicial authority after it had

heard arguments from both the Public Prosecution and the defence, and in line with the

United Nations strategy to combat terrorism and Security Council resolution 1674 (2006).

48.

The Government further explains that the Public Prosecution launched a separate

investigation (case No. 1228 of 2021) in which Mr. Abd el-Fattah was accused of deliberately

disseminating false news online that would notably weaken State authority, harm national

interests, disturb public security and spread fear. He was tried without being remanded in

custody, with all fair trial rights being afforded him: he appeared in person and was assisted

by his lawyers and able to present a defence. On 20 December 2021, Mr. Abd el-Fattah was

sentenced to five years’ imprisonment with hard labour, a fine of 200 Egyptian pounds and

expenses, the verdict being ratified on 3 January 2022. This conviction therefore brought to

an end his pretrial detention for case No. 1356 of 2019. He is currently serving his sentence,

which will be completed on 3 January 2027, at Wadi el Natrun Prison.

49.

The Government notes that Mr. Abd el-Fattah’s lawyer submitted a request to deduct

the period served in pretrial detention for case No. 1356 of 2019 from the sentence imposed

in cases No. 1228 of 2021 and No. 1986 of 2021. The request was rejected, however, for not

meeting the conditions of articles 482 and 483 of the Code of Criminal Procedure and

article 617 of the Public Prosecution instructions.

50.

The Government explains that, during the COVID-19 pandemic, measures were

adopted in detention centres to prevent the spread of the virus, including an electronic remand

renewal system, which allowed judges to communicate with accused individuals through a

secure closed-circuit television network linking courts and some detention centres.

A/HRC/WGAD/2025/23

8

GE.25-07106

51.

With regard to Mr. Abd el-Fattah’s hunger strike, the Government states that a

specialized medical committee concluded, after examining him, that he had decided to

consume sufficient daily calories to maintain his health. His vital signs were all within normal

range, indicating that his limited food and liquid intake was not affecting his health. The

Government points out that he currently receives complete rations.

52.

The Government submits that officials from the Ministry of the Interior, the Public

Prosecution and the Human Rights Committee of the House of Representatives periodically

visit prisons to monitor conditions and ensure the implementation of any measures imposed

by the Public Prosecution or the judicial authorities. The Government details four separate

visits to inspect Mr. Abd el-Fattah’s prison conditions, in March 2021, April 2021, July 2022

and November 2022, all of which found various aspects of his detention to be adequate,

including his relationship with prison officials, his safety, the availability of food and water,

visits and the monitoring of his health following his hunger strike.

53.

In addition, the Public Prosecution, as part of its broader mandate to supervise prisons,

inspected Wadi El Natrun Prison on several occasions, most recently on 19 October 2024.

The wards were inspected for cleanliness, privacy and overcrowding. Inmates who were

asked about their living conditions stated that they enjoyed all their rights and had no

complaints. The Public Prosecution also reviewed the healthcare facilities in the prison and

the areas for prayer, vocational training, food preparation and exercise.

54.

The Government states that Mr. Abd el-Fattah receives regular visits and that he was

allowed to send and receive correspondence from his family when visits were suspended

during the pandemic. He otherwise received 13 visits between 1 May 2024 and 31 January

2025.

(c)

Additional comments from the source

55.

The source, in its additional comments, argues that the Government fails to address a

number of issues raised, in particular the various fair trial violations alleged, and that no arrest

warrant was produced and no indictment ever issued, that Mr. Abd el-Fattah was held in

pretrial detention for nearly two years before being notified of the basis for the sole offence

for which he was convicted, that the offence for which he was convicted is extremely vague,

that his sentence is excessive and that his incarceration results from his peaceful exercise of

his right to freedom of expression. The source submits, moreover, that the Government has

provided no evidence that the authorities ever considered alternatives to detention.

56.

The source disputes the Government’s position that the non-deduction of the period

spent in pretrial detention from Mr. Abd el-Fattah’s prison sentence is because he was

arrested on 29 September 2019 for terrorism and misusing social media offences alone,

whereas the investigation for spreading false news (the offence of which he was convicted)

was launched only later, in 2021. It emphasizes that his detention on 29 September 2019 was

on suspicion of four offences, which included spreading false news.

57.

The source argues that, in any event, this situation is an example of the Egyptian

authorities resorting to the abusive practice referred to as “rotation”, whereby individuals

held for political reasons are accused of identical or similar charges in “new” cases in order

to detain them indefinitely.

58.

With regard to the Government’s assertion that Mr. Abd el-Fattah receives regular

family visits, the source argues that this misses the point. Its core complaints in terms of

visitation are that Mr. Abd el-Fattah’s lawyer had only very limited access to him following

his detention and that his application to visit Mr. Abd el-Fattah just before his conviction was

refused. These complaints, according to the source, are not addressed by the Government.

59.

The source further notes that the Government fails to deal with the relevant arguments

on the conditions of detention, which are that, while he was detained at the Tora II prison,

Mr. Abd el-Fattah was denied daily exercise, reading materials and adequate bedding, and

that his deteriorating health as of September 2021, because of his conditions of detention,

prevented him from mounting an effective defence. The Government makes no mention

either of the welcome parade upon his arrival at the Tora II prison.

A/HRC/WGAD/2025/23

GE.25-07106

9

60.

The source underlines that, while the Government discusses at length the threat of

terrorism in Egypt, and Mr. Abd el-Fattah was initially arrested on suspicion of terrorism

offences, he was not charged with nor tried for any of these offences and his conviction relates

only to the offence of spreading false news.

2.

Discussion

61.

The Working Group thanks the source and the Government for their submissions.

62.

In determining whether Mr. Abd el-Fattah’s deprivation of liberty is arbitrary, the

Working Group has regard to the principles established in its jurisprudence to deal with

evidentiary issues. If the source has established a prima facie case for breach of international

law constituting arbitrary detention, the burden of proof should be understood to rest upon

the Government if it wishes to refute the allegations. Mere assertions by the Government that

lawful procedures have been followed are not sufficient to rebut the source’s allegations.22

(a)

Category I

63.

The source’ submits that Mr. Abd el-Fattah’s detention is arbitrary under category I

because no warrant was produced at the time of his arrest, nor was he provided with any

information about the reasons for the arrest or the allegations against him.

64.

The Government responds that the arrest was authorized by the prosecution and

concerned meetings in which he participated aimed at escalating hostile activity against the

State. It further states that he was presented before the Public Prosecution for interrogation

with six of his lawyers present, at which point he was confronted with all the accusations

against him. Relevantly, however, the Government does not deny the source’s claim that

Mr. Abd el-Fattah was neither presented with an arrest warrant, nor any information

regarding the reasons for his arrest at the time of the arrest. Moreover, it does not specify

when he was presented before the Public Prosecution to be confronted with the accusations

against him, making it impossible for the Working Group to ascertain the lapse of time

between his arrest and his receipt of the details of the allegations against him.

65.

The Working Group recalls that, in accordance with article 9 (2) of the Covenant,

anyone who is arrested must not only be immediately informed of the reasons for arrest but

also promptly informed of any charges against them thereafter.23 Moreover, for a deprivation

of liberty to have a legal basis, it is not sufficient that there is a law that may authorize the

arrest. The authorities must invoke that legal basis and apply it to the circumstances of the

case. 24 This is typically done through an arrest warrant or arrest order (or equivalent

document).25 In particular, the authorities must provide enough factual specifics to indicate

the substance of the complaint, such as the wrongful act and the identity of the alleged

victim.26 The right to be presented with an arrest warrant is inherent to the right to liberty and

security of person and to the prohibition of arbitrary detention under articles 3 and 9 of the

Universal Declaration of Human Rights and principles 2, 4 and 10 of the Body of Principles

for the Protection of All Persons under Any Form of Detention or Imprisonment.

66.

Here, it is evident that the Government failed to meet its obligations under article 9 (1)

and (2) of the Covenant. The Working Group accepts the source’s unrefuted submission that

Mr. Abd el-Fattah was not presented with an arrest warrant. It also accepts that he was only

notified two years after his arrest of the basis for the sole offence of which he was ultimately

convicted, namely, his sharing of the Facebook post. In addition, the Government has not

rebutted the claim that the terrorist organization to which he was accused of belonging

remains unnamed, lending additional weight to the conclusion that Mr. Abd el-Fattah was

22 A/HRC/19/57, para. 68.

23 Opinion 77/2020, para. 59; and Human Rights Committee, general comment No. 35 (2014), para. 27.

24 Opinions No. 9/2019, para. 29; No. 46/2019, para. 51; and No. 59/2019, para. 46.

25 Human Rights Committee, general comment No. 35 (2014), para. 23; and opinions No. 30/2017,

paras. 58 and 59; No. 88/2017, para. 27; No. 3/2018, para. 43; and No. 30/2018, para. 39.

26 Opinions No. 30/2017, paras. 58 and 59; No. 85/2021, para. 69; and No. 8/2024, para. 42. See also

Human Rights Committee, general comment No. 35 (2014), para. 25.

A/HRC/WGAD/2025/23

10

GE.25-07106

not adequately informed of the reasons for his arrest, let alone of the charges against him, in

a prompt manner.

67.

The Government moreover does not substantively respond to the source’s allegations

regarding the gaps in court hearings to review Mr. Abd el-Fattah’s pretrial detention, save to

say that he was remanded into custody in accordance the Code of Criminal Procedure and

that the decision to renew his detention was within the discretion of the competent judicial

authority and in line with the national counter-terrorism strategy. Although the Government

states in general terms that an electronic remand system was implemented during the

pandemic to allow judges to communicate with detained individuals, it does not specify how

this actually took effect in relation to the successive renewals of Mr. Abd el-Fattah’s pretrial

detention, nor does it provide any information to counter the submission that Mr. Abd

el-Fattah first appeared before a judge on 18 February 2020.

68.

The Working Group recalls that, in accordance with article 9 (3) of the Covenant,

anyone who is arrested or detained on a criminal charge must be brought promptly before a

judge or other judicial authority. The Human Rights Committee has stated that 48 hours is

ordinarily sufficient to satisfy this requirement and that any delay longer than 48 hours must

remain absolutely exceptional and be justified under the circumstances.27

69.

The Government failed to meet this obligation under article 9 (3) of the Covenant,

since Mr. Abd el-Fattah’s first court appearance is stated to have occurred five months after

his arrest. Moreover, as the Working Group has previously held, the renewal of a detention

by a prosecutor rather than an independent judicial authority, as was the case during those

five months, cannot be considered to meet the requirement of article 9 (3).28 Indeed, any form

of detention or imprisonment should be ordered by or subject to the effective control of a

judicial or other authority under the law, whose status and tenure should afford the strongest

possible guarantees of competence, impartiality and independence, in accordance with

principle 4 of the Body of Principles for the Protection of All Persons under Any Form of

Detention or Imprisonment.29

70.

Article 9 (3) of the Covenant further provides that pretrial detention must be the

exception and not the rule. It should be ordered for as short a time as possible and based on

an individualized determination that it is reasonable and necessary, taking into account all

the circumstances, for such purposes as to prevent flight, interference with evidence or the

recurrence of a crime.30 Courts must also examine whether alternatives to pretrial detention,

such as bail, electronic bracelets or other conditions, would render detention unnecessary.31

71.

In the present case, the Working Group has received no information allowing it to

conclude that individualized determinations underpinned the successive renewals of Mr. Abd

el-Fattah’s detention over the course of two years. The Government’s abstract contention that

those renewals fell within the discretion of the competent authority are not sufficient to

overturn the presumption established by the source that they took place seemingly

automatically and, in at least one instance, without Mr. Abd el-Fattah’s lawyers being able

to make representations. 32 In any event, near automatic extensions of detention by a

prosecutor do not amount to regular reviews by an independent body to decide whether

continued detention is justified in accordance with article 9 (4) of the Covenant.

72.

For all these reasons, the Working Group concludes that Mr. Abd el-Fattah’s detention

lacks a legal basis and is therefore arbitrary under category I.

27 Human Rights Committee, general comment No. 35 (2014), paras. 32 and 33.

28 Opinion No. 77/2020, para. 63.

29 Opinion No. 93/2017, para. 44.

30 See, for example, opinions No. 57/2014, para. 26; No. 8/2020, para. 54; No. 5/2021, para. 43;

No. 6/2021, para. 50; and No. 57/2021, para. 56. See also Human Rights Committee, general

comment No. 35 (2014), para. 38; and A/HRC/19/57, paras. 48–58.

31 A/HRC/19/57, paras. 48–58.

32 Opinion No. 41/2019, para. 33.

A/HRC/WGAD/2025/23

GE.25-07106

11

(b)

Category II

73.

The source contends that Mr. Abd el-Fattah’s detention is arbitrary under category II

since it results from the violation of his freedom of opinion and expression and his role as a

blogger, writer and political activist who has been critical of the Egyptian authorities. The

Government does not directly respond to this argument. Instead, it expounds the country’s

anti-terrorism policy and argues that, as in all democratic societies, there is no freedom to

commit crimes in Egypt. Although it claims that Mr. Abd el-Fattah was charged with hostile

activity against the State and subsequently convicted in a separate case of disseminating false

news, it provides no details of the factual elements of those offences and how they would

amount to criminal activity.

74.

The Working Group recalls that freedom of expression is a fundamental human right,

guaranteed in article 19 of the Universal Declaration of Human Rights and article 19 of the

Covenant. It protects even that which may shock, offend or disturb or which may insult an

individual or group or criticize an institution.33 Moreover, the Working Group applies a

heightened standard of review in cases in which freedom of expression and opinion is

restricted or where human rights defenders are involved.

75.

Under article 19 (3) of the Covenant, any restriction imposed on the right to freedom

of expression must be provided by law, designed to achieve a legitimate aim (namely the

protection of national security, public order, or public health or morals) and imposed in

accordance with the requirements of necessity and proportionality.34 The Government has

not demonstrated in any manner how the exercise of freedom of expression in the case at

hand posed a threat that could be justified by reference to those conditions.

76.

Mr. Abd el-Fattah has been a prominent activist in Egypt since the Arab Spring. The

Working Group is extremely concerned that he has been detained repeatedly for the better

part of the past 17 years on charges and convictions that are similar and centred on activities

related to his freedom of expression. It recalls that general prohibitions on the dissemination

of information based on vague and ambiguous ideas, such as false news, are incompatible

with international standards for restrictions on freedom of expression and should be

abolished.35

77.

The Working Group notes, furthermore, that the Human Rights Committee has

referred to the excessively broad and vague definitions of terrorism laid down in some of the

legislation of Egypt and has expressed its concern at reports that such laws are used, in

combination with restrictive legislation on fundamental freedoms, to silence actual or

perceived critics of the Government, including peaceful protesters, lawyers, journalists,

political opponents and human rights defenders.36

78.

As a result of the above considerations, and in the absence of any information on how

Mr. Abd el-Fattah’s actions fell within any of the restrictions to freedom of expression carved

out in article 19 (3) of the Covenant, the Working Group finds that he was deprived of his

liberty for exercising his right to freedom of expression, making his deprivation of liberty

arbitrary under category II. In addition, the Working Group refers the present case to the

Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism for appropriate action.

(c)

Category III

79.

Given its finding that Mr. Abd el-Fattah’s deprivation of liberty is arbitrary under

category II, the Working Group emphasizes that no trial should have taken place.

Nevertheless, as the trial did take place and Mr. Abd el-Fattah was convicted, the Working

Group will examine the source’s submissions concerning the denial of his fair trial rights.

33 See opinions No. 7/2008, No. 35/2012, No. 46/2013, No. 4/2019 and No. 33/2019.

34 Human Rights Committee, general comment No. 34 (2011), paras. 21–36. See also, for example,

opinions No. 8/2020, paras. 62 and 63; and No. 52/2024, para. 90.

35 Joint Declaration on Freedom of Expression and “Fake News”, Disinformation and Propaganda,

para. 2 (a). See also opinions No. 46/2020, para. 54; and No. 77/2020, para. 73.

36 CCPR/C/EGY/CO/5, para. 13.

A/HRC/WGAD/2025/23

12

GE.25-07106

80.

The source claims that Mr. Abd el-Fattah’s right to counsel was violated when the

authorities failed to propose other means of private communication to allow Mr. Abd

el-Fattah to meet with his lawyers after visits had been suspended. In addition, the Emergency

State Security Court regularly refused his lawyer permission to visit him in detention and he

and his lawyers were denied access to the case file. Significantly, no indictment was ever

issued and Mr. Abd el-Fattah was allegedly precluded from presenting a defence at trial.

81.

The Government’s response to these submissions is limited to generalities: it states

merely that all fair trial rights were afforded Mr. Abd el-Fattah, in that he appeared in person,

was assisted by his lawyers and was able to present a defence. It otherwise presents no

information to counter any of the specific violations alleged by the source.

82.

The Working Group recalls, firstly, that the right to be informed promptly and in detail

of the nature and cause of the charges is enshrined in article 14 (3) (a) of the Covenant. The

Human Rights Committee has held that the specific requirements of this provision may be

met by stating the charge either orally – if later confirmed in writing – or in writing, provided

that the information indicates both the law and the alleged facts on which the charge is

based.37 Here, the Government has not countered the submission that Mr. Abd el-Fattah was

never presented with a written indictment, let alone one that sufficiently detailed the law and

alleged facts on which the charges were based. Indeed, it does not challenge the allegation

that Mr. Abd el-Fattah was only informed two years after his arrest that the sharing of a

Facebook post was the alleged act that had led to the charge of disseminating false

information. The Working Group accordingly concludes that the Government failed to meet

its obligation under article 14 (3) (a) of the Covenant.

83.

The Working Group, secondly, underlines that access to counsel is a right enshrined

in article 14 (3) of the Covenant, principles 11 (2), 17 and 18 of the Body of Principles for

the Protection of All Persons under Any Form of Detention or Imprisonment, rule 61 (1) of

the Nelson Mandela Rules and article 11 of the Universal Declaration of Human Rights.

84.

Legal representation is a core component of the right to a fair trial and serves to ensure

the principle of equality of arms.38 Any denial of access to lawyers substantially undermines

and compromises an individual’s capacity to defend him or herself in any judicial

proceedings and the fairness of the proceedings under articles 10 and 11 of the Universal

Declaration of Human Rights. An important element of this right is that counsel should be

able to meet their clients in private, in conditions that fully respect the confidentiality of their

communications. Furthermore, lawyers should be able to advise their clients without

restrictions, influence, pressure or undue interference from any quarter.39

85.

The Working Group finds that the Government has failed to rebut any of the prima

facie credible allegations by the source with regard to the impediments that Mr. Abd el-Fattah

faced in communicating with his lawyers. The Working Group is troubled by the claim that

his lawyer was arrested with him, which could suggest an underlying effort to intimidate

Mr. Abd el-Fattah and the legal profession more broadly40 and thereby hamper his defence.

While the Working Group notes the Government’s submission that Mr. Abd el-Fattah was

accompanied by six lawyers when he first appeared before the prosecution after his arrest, it

does not consider this to offset the otherwise serious impediments that he faced in

communicating with legal counsel during the remainder of his detention.

86.

The Working Group further finds that the inability to access or obtain their own copy

of the case file impeded Mr. Abd el-Fattah’s counsel from effectively representing him and

preparing his defence. The Government has provided no explanation for why this access

would have been restricted. As the Working Group has previously indicated, every individual

deprived of liberty has the right to access the material related to the detention or presented to

the court by the State, in order to preserve the equality of arms. This includes information

that may assist the detainee in arguing that the detention is not lawful or that the reasons for

37 Human Rights Committee, general comment No. 32 (2007), para. 31.

38 See opinion No. 35/2019.

39 Human Rights Committee, general comment No. 32 (2007), para. 34.

40 Opinion No. 61/2024, para. 55.

A/HRC/WGAD/2025/23

GE.25-07106

13

the detention no longer apply. 41 The right to access documents and other evidence is

understood to be an element of the right to “adequate facilities” under article 14 (3) (b) of the

Covenant and includes the ability to make copies of case file materials.42 Consequently, the

Working Group finds that Mr. Abd el-Fattah’s rights under article 14 (3) (b) were not

respected.

87.

These violations to Mr. Abd el-Fattah’s right to a defence are further compounded by

the fact that, as argued by the source, he was precluded by the Emergency State Security

Court from presenting any form of defence at trial. The Working Group is not satisfied that

the Government’s cursory statement in this regard in any way refutes the source’s allegation.

The Working Group accordingly concludes that a violation of Mr. Abd el-Fattah’s right to

defend himself in person or through legal assistance, in accordance with article 14 (3) (d) of

the Covenant, has been prima facie established.

88.

The Working Group notes that a consequence of the fact that the trial was held before

the Emergency State Security Court is that the conviction is not subject to appeal. As the

Working Group has previously held, everyone convicted of a crime has the right to have their

conviction and sentence reviewed by a higher tribunal according to law.43 In the absence of

any rebuttal from the Government, the Working Group accordingly finds that article 14 (5)

of the Covenant was also violated.

89.

With regard to the source’s contention that the two years that Mr. Abd el-Fattah spent

in pretrial detention should be deducted from his five-year sentence, the Government

responds by referring to three separate court cases involving Mr. Abd el-Fattah and

essentially stating that the five-year conviction was for a different case than the one for which

he has been detained for two years. The source contests this by pointing out that Mr. Abd

el-Fattah was detained on 29 September 2019 on suspicion of four offences, which included

that of spreading false news for which he was ultimately convicted. It was only on 17 August

2021, however, when the two-year time limit for pretrial detention under Egyptian law was

about to expire, that he was notified of the purported basis for the offence of spreading false

news. Certainly, from the Government’s own submissions, it would indeed appear that his

arrest on 29 September 2019 included the allegation of spreading rumours and false

information. The Working Group does not have sufficient information to be able to determine

precisely which offence and which facts pertained to which of the three cases identified by

the Government. This, in itself, however, lends credence to the argument that Mr. Abd

el-Fattah may have been put through a so-called rotation – a practice about which the

Working Group has already expressed its concerns – by facing new and similar charges with

the purpose of extending his detention.44

90.

Given all of the above, the Working Group finds that the numerous violations of

Mr. Abd el-Fattah’s right to a fair trial are of such gravity as to render his deprivation of

liberty arbitrary under category III.

(d)

Category V

91.

The source submits that Mr. Abd el-Fattah’s detention is arbitrary under category V

in that it is the result of discrimination on the grounds of his political opinion, specifically,

his perceived opposition to the Government. The Government does not directly respond to

this argument.

92.

The Working Group has already established that Mr. Abd el-Fattah’s arrest and

detention were arbitrary under category II and considers that the source has presented

credible information of the persecution that Mr. Abd el-Fattah has suffered over many years

41 Opinions No. 71/2022, para. 90; and No. 44/2024, para. 99; and United Nations Basic Principles and

Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring

Proceedings Before a Court, principle 12 and guideline 13.

42 Human Rights Committee, general comment No. 32 (2007), para. 33. See also Human Rights

Committee, Zhirnov v. Russian Federation (CCPR/C/109/D/1795/2008).

43 Opinion No. 83/2021, para. 85.

44 Opinions No. 34/2022, para. 87; No. 53/2022, para. 73; No. 60/2022, para. 74; No. 20/2023, para. 75;

and No. 20/2024, para. 63.

A/HRC/WGAD/2025/23

14

GE.25-07106

because of his political activism. It notes with concern that the Working Group already found,

in 2016, that a previous episode of arrest and detention to which he was subjected was

arbitrary, and which it linked to a pattern of systemic and widespread arbitrary detentions of

individuals in the context of peaceful protests. 45

93.

The Working Group accordingly concludes that Mr. Abd el-Fattah’s arrest and

detention were on discriminatory grounds and a result of his political or other opinions and

his status as a human rights defender, in violation of articles 2 and 7 of the Universal

Declaration of Human Rights and articles 2 (1) and 26 of the Covenant.

(e)

Concluding remarks

94.

The Working Group notes the allegations by the source regarding the conditions of

detention experienced by Mr. Abd el-Fattah, including what it refers to as a welcome parade

upon his arrival at the Tora II prison, which, it states, led to multiple complaints being filed

on his behalf. While the Government provides details of prison inspections that it carried out,

including one on 11 March 2021 following a complaint by Mr. Abd el-Fattah, it does not

address the allegation of a welcome parade.

95.

The Working Group acknowledges the measures taken by the Government to monitor

Mr. Abd el-Fattah’s health, particularly during his hunger strike. It takes the opportunity to

remind the Government of its obligation under article 10 (1) of the Covenant to ensure that

all persons deprived of their liberty are treated with humanity and with respect for the inherent

dignity of the human person, and of the absolute prohibition of torture or cruel, inhuman or

degrading treatment or punishment.

96.

The present opinion is one of several brought before the Working Group in recent

years concerning arbitrary detention in Egypt.46 The Working Group remains concerned that

this might indicate a widespread or systematic practice of arbitrary detention in Egypt,

including through the unlawful practice of rotation, whereby release is ordered but never

effected and new charges are brought against the person concerned.47 The Working Group

underlines that States have the obligation not to engage in acts that could constitute crimes

against humanity and to prevent and punish them if they are committed.

3.

Disposition

97.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Alaa Ahmed Seif al-Islam Abd el-Fattah Hamed, being

in contravention of articles 2, 3, 7, 9, 10, 11 and 19 of the Universal Declaration of

Human Rights and articles 2, 9, 10, 14, 19 and 26 of the International Covenant on

Civil and Political Rights, is arbitrary and falls within categories I, II, III and V.

98.

The Working Group requests the Government of Egypt to take the steps necessary to

remedy the situation of Mr. Abd el-Fattah without delay and bring it into conformity with the

relevant international norms, including those set out in the Universal Declaration of Human

Rights and the International Covenant on Civil and Political Rights.

99.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Abd el-Fattah immediately and accord

him an enforceable right to compensation and other reparations, in accordance with

international law.

100.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Abd

el-Fattah and to take appropriate measures against those responsible for the violation of his

rights.

45 Opinion No. 6/2016, para. 53.

46 See, for example, opinions No. 12/2023, No. 20/2023, No. 31/2023, No. 36/2023, No. 40/2023,

No. 70/2023, No. 8/2024, No. 17/2024 and No. 20/2024.

47 Opinions No. 20/2023, para. 75; No. 70/2023, para. 87; and No. 20/2024, paras. 63 and 75.

A/HRC/WGAD/2025/23

GE.25-07106

15

101.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

102.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Abd el-Fattah has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr. Abd

el-Fattah;

(c)

Whether an investigation has been conducted into the violation of Mr. Abd

el-Fattah’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Egypt with its international obligations in line with the

present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

103.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

104.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as of any failure to take action.

105.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.48

[Adopted on 7 April 2025]

48 Human Rights Council resolution 51/8, paras. 6 and 9.