The International League Against Arbitrary Detention urges the Government of Egypt to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 8/2024 concerning Moaaz Nagah Mansour Mansour El-Sharqaoui, asking the Government of Egypt to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full Working Group Opinion concerning Moaaz Nagah Mansour Mansour El-Sharqaoui (Egypt): Opinion No. 8/2024.
ARREST OF A HUMAN RIGHTS DEFENDER ON CHARGES OF TERRORISM
Mr. El-Sharqaoui is a national of Egypt born in 1993. He is a student, activist and a human rights defender.
Mr. El-Sharqaoui was first arrested at a security checkpoint in October 2018, following which he was allegedly forcibly disappeared and subjected to torture. He was later charged with joining and financing a terrorist organisation, imprisoned for a while and released in March 2020. In May 2022, he was condemned in absentia to 10 years in prison and 5 years of probation, but since his verdict was not ratified, he remained at liberty.
On 11 May 2023, Mr. El-Sharqaoui was arrested a second time, at his house in Maadi, by State Security agents dressed in civilian clothes, at his house. In June 2023, he was charged with joining and financing a terrorist organisation, again. On 22 October 2023, the sentence of May 2022 was ratified, and as such, at the time of source's communication, he was serving that sentence in Badr Prison No. 3. This arrest is the only one the Working Group considered in its opinion.
According to the source, this arrest is one of many in Egypt, since human rights defenders and activists are being targeted by the authorities. The source stated that this stems from the broadening of terrorism provisions under the Anti-Terrorism Law (No. 94 of 2015), which led to an increase of arbitrary arrests and detentions.
The Government of Egypt was given the opportunity to answer these allegations, and it so, but outside the authorised time limit.
ARRESTED WITOUT A WARRANT AND FORCIBLY DETAINED
At the time of his arrest, Mr. El-Sharqaoui was not presented with a warrant or any legal documentation to justify the arrest, nor was he promptly informed of the charges against him. Though the Government answered an arrest warrant was emitted prior to his arrest, the Working found it insufficient considering the Government did not answer on whether this warrant was presented to Mr. El-Sharqaoui during his arrest. As such, the Working Group considered that his right to security of person, not to be arbitrarily detained, and to be presented with such a warrant and charges were violated, under articles 3 and 9 of the Universal Declaration of Human Rights and article 9(1) and (2) of the Covenant.
Besides, Mr. El-Sharqaoui was not brought promptly before a judge, that is, within 48 hours. Therefore, the Working Group found a breach of article 9(3) of the Covenant. Not only that, but Mr. El-Sharqaoui was also subjected to enforced disappearance for 23 days after his arrest, from 11 May to June 3 2023. The Government answered this allegation arguing that this was allowed under the Anti-Terrorism Law, but the Working Group found it insufficient, notably because the Government did not justify why such measures were necessary. Moreover, during this time, the source alleged that his family and legal team were not informed of his whereabouts despite their multiple requests to several different authorities, which the Government denied. Considering the above, the Working Group recalled that enforced disappearance constituted an aggravated form of arbitrary detention, and thus found that this situation had violated Mr. El-Sharqaoui's right to be recognised as a person before the law according to article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant.
In light of the foregoing, the Working Group considered that the arrest and pretrial detention of Mr. El-Sharqaoui violated his right not to be artirarily detained, enshrined in article 9 of the Universal Declaration of Human Rights and article 9 of the Covenant.
Thereby, the Working Group considered the arrest and detention of Mr. El-Sharqaoui arbitrary under category I.
DENIED EFFECTIVE LEGAL REPRESENTATION AND SUBJECTED TO TORTURE
Following his arrest, Mr. El-Sharqaoui’s lawyer was not informed in a timely manner of his detention, and was not able to visit Mr. El-Sharqaoui in detention nor to meet with him in confidentiality. The Government argued that his lawyer was present during the meetings of Mr. El-Sharqaoui with the prosecution, and could make request and objections. The Working Group found thtis answer insufficient, considering the Government did not answer whether his lawyer could visit Mr. El-Sharrqaoui during his detention. Thus, the Working Group found that Mr. El-Sharqaoui was denied of his right to effective legal counsel, in violation of article 14(3)(b) of the Covenant. The Working Group also noted that access to effective counsel at the earliest appropriate time is a fundamental aspect of the right to equality of arms, and of a fair trial, enshrined respectively in articles 2 and 10 of the Universal Declaration of Human Rights.
The Working Group noted with grave concern the allegations according to which Mr. El-Sharqaoui was tortured during the time of his enforced disappearance, and concluded that the Government failed to explain the delay in addressing the complaint of ill-treatment. Therefore, the Working Group found that the alleged treatment may have constituted a breach of the absolute prohibition of torture, in violation of articles 5 and 25(1) of the Universal Declaration of Human Rights and articles 7 and 10(1) of the Covenant. Lastly, the Working Group recalled that torture could undermine the ability to defend oneself, especially by denying one's right to be presumed innocent and not to be forced to confess under torture, enshrined in articles 14(2) and 14(3)(g) of the Covenant.
Thus, the Working Group found that the violations of Mr. El-Sharqaoui's right to a fair trial were of such gravity that it made his detention arbitrary under category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In the light of the foregoing, the deprivation of liberty of Moaaz Nagah Mansour Mansour El-Sharqaoui was arbitrary and fell under categories I and III because his deprivation of liberty was in contravention of articles 3, 6 and 9 of the Universal Declaration of Human Rights and of articles 9, 14 and 16 of the International Covenant on Civil and Political Rights.
The Working Group recommended that the Government of Egypt take the steps necessary to remedy the situation of Moaaz Nagah Mansour Mansour El-Sharqaoui without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
The Working Group further urged the Government of Egypt to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. El-Sharqaoui and to take appropriate measures against those responsible for the violation of his rights.
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