“SPECIAL MISSION
IMMUNITY”
CONFIRMED FOR
EGYPTIAN OFFICIAL
Lt. General Mahmoud Hegazy
Context
Judicial review proceedings concerning
the decision of the Metropolitan
Police not to arrest Egyptian official,
Lt. General Mahmoud Hegazy, in
connection with torture allegations
Suspect
Lt. General Mahmoud Hegazy
Country of residence
of suspect
Egypt
Charges
Torture
Developments in
2018
On 19 July 2018, the Court of Appeal
upheld the High Court’s judgment,
considering that special mission
immunity was a rule of customary
international law, and that the
Metropolitan Police’s refusal to arrest
Lt. General Hegazy had been lawful.
Current status
Case dismissed; under judicial review
Facts
In August 2013, Egyptian security
forces attacked a protest in support
of ex-President Morsi in Rab’a al-
Adawiya Square, in Cairo. More than
817 demonstrators, including women
and children, were killed during the
event, and numerous acts of torture
are alleged to have occurred.
Procedure
The Freedom and Justice Party (FJP)
learned that Lt. General Hegazy,
director of the Egyptian Military
Intelligence Service in 2013, would
be visiting the United Kingdom in
September 2015. The FJP requested
that the Metropolitan Police arrest
him during his visit.
The Metropolitan Police refused on
the grounds that the United Kingdom’s
Foreign and Commonwealth Office had
granted him special mission immunity.
Lt. General Hegazy subsequently left
the country.
In 2016, four claimants – including
the FJP, former ministers of the FJP
government, and a British surgeon who
worked in emergency field hospitals in
Egypt – submitted an application for
judicial review of the decision not to
arrest Lt. General Hegazy. REDRESS
and Amnesty International intervened
in the proceedings.
On 5 August 2016, the High
Court confirmed the decision of
the Metropolitan Police not to
arrest Mahmoud Hegazy on the
grounds that he benefited from special
mission immunity.
The claimants appealed the findings
of the High Court.
OTHER ONGOING
CASES
• Emirati officials accused of torture
of Qatari nationals; names withheld
• Vincent
Bajinya,
Célestin
Ugirashebuja, Charles Munyaneza,
Emmanuel Nteziryayo and Célestin
Mutabaruka: investigation ongoing
75
Zoom in
“Special missions”
fall outside of
accountability
mechanisms
The Court of Appeal
confirmed the High
Court’s findings that
under customary
international law,
a State receiving a
special mission is
required to ensure
personal inviolability
and immunity from
criminal proceedings
for members of that
special mission.
It also found that
this customary
international law could
be given effect by
domestic common
law (para. 135). Finally,
the Court held that
special mission
immunity applies to
jus cogens crimes such
as torture (para. 108).
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