CCPR/C/114/D/2343/2014
dismissed the allegations that the Egyptian authorities have turned up at the author’s home
for lack of evidence and for lack of substantiation as to the reason why the authorities
would visit the author’s mother to look for him. The Committee also notes the persistent
reports raising serious concerns about the general human rights situation in Egypt, and
notes in particular of the reported cases of marginalization of the opposition to supress all
dissent; the State surveillance of electronic communications; the mass arrests of suspected
supporters of the Muslim Brotherhood; the torture and ill-treatment of those arrested and
detained; the killing of protesters; the widespread use of the death sentence; the clampdowns on freedom of expression and violations of rights of refugees, asylum seekers and
migrants, according to reports on Egypt of the human rights mechanisms of the United
Nations and international non-governmental organizations;21 and the author’s allegations of
kidnapping, torture or killing of individuals who occupied the same or lower hierarchical
positions in the group Ultras Ahlawy as him, on the basis of which he asserts that he risks a
similar fate if returned to Egypt.
8.5
The Committee also notes the new evidence by the author in the form of an Arabiclanguage online video purporting to depict Ahmed Abdelaziz Shobeir, the former VicePresident of the Egyptian Football Association, in which he stated on 21 February 2014 that
“Captain Ahmad Shobeir swears to God multiple times that Ultras Ahlawy is a terrorist
group”, contemplating that Ultras Ahlawy should be banned as it was purportedly an ally in
terrorism with the Muslim Brotherhood, and that the Government of Egypt should stop the
Ultras Ahlawy. The Committee also notes that the designation of Ultras Ahlawy as a
terrorist group has not been contested by the State party and that the State party failed to
address in its replies the impact of such designation on the risk for the author upon his
return to Egypt. Since the author reliably indicated that he could be perceived as having a
close link with the Ultras Ahlawy group, which he co-founded, and on whose activities the
Government of Egypt has repeatedly tried to clamp down, the Committee considers that the
author has sufficiently substantiated his claim that the State party’s authorities have failed
in the duty to duly assess the risk faced by him in case of return to Egypt, and thus the
initial risk assessment by the State party is to be considered unreasonable. The Committee
therefore considers that, in the specific circumstances of the case, the facts as submitted,
and in particular in the light of the involvement of the author in the work of the Ultras
Ahlawy group, reveal the existence, for the author, of a personal risk to be subjected to
torture or ill-treatment if removed to Egypt, in violation of his rights under article 7 of the
Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol to the
International Covenant on Civil and Political Rights, is of the view that the removal of the
author to Egypt would violate his rights under article 7 of the Covenant.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under the
obligation to provide the author with an effective remedy by proceeding to a review of the
decision to forcibly remove him to Egypt, taking into account the State party’s obligations
under the Covenant. The State party is also under an obligation to take steps to prevent
similar violations in the future.
11.
By becoming a party to the Optional Protocol, the State party has recognized the
competence of the Committee to determine whether or not there has been a violation of the
Covenant. In addition, pursuant to article 2 of the Covenant, the State party has undertaken
to guarantee to all individuals within its territory and subject to its jurisdiction the rights
21
See, for example, A/HRC/19/61/Add.4, paras. 47-52. See also
www.freedomhouse.org/report/freedom-world/freedom-world-2015, and
www.hrw.org/sites/default/files/wr2015_web.pdf.
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