HRM received a complaint from the family of one Mustafa Abdallah Fakhry Ahmed 28, a sales representative from Baqus, Alexandria stating he was arrested by police forces from his workplace on October 27th, 2015.
According to his family the police did not have an arrest warrant and he was arbitrarily arrested without justification. On November 2nd, 2015 he appeared before prosecution after he was missing since his arrest. He was questioned without the presence of a lawyer and was issued a 15 day detention order pending investigation without any details regarding his case.
His family submitted several complaints regarding his arrest and disappearance to the prosecutor and attorney general on October 28th, 2015 however received no response. They believe he is currently detained at the security headquarters in Damanhour, Beheira.
The actions are a violation to article 9 of the International Covenant on Civil and Political Rights which asserts:
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
HRM calls on the Egyptian authorities to immediately release the detainee held without legal support. It condemns the systematic breaches to the international laws and agreements ratified by Egypt and demands the actions end once and for all.