A/HRC/16/53/Add.1
deleted and replaced with the symbol (-). The case began before the Council on 12
July 2009;
• The court bench, presided over by the Deputy President of the State Council,
decided on 17 February to set a date of 27 April 2010 for the delivery of a verdict;
• The allegation in the letter that fatwas were issued threatening Mr. Hegazy’s life is
belied by the statement made in June 2007 by the Grand Mufti of Egypt, Mr. Ali
Gomaa, to the effect that conversion from Islam is a grave sin but should not be
subject to temporal punishment. In addition, Mr. Abd al-Mu`ti Bayumi, a member of
the Islamic Research Academy at Al-Azhar al-Sharif, together with other imams and
academics at Al-Azhar, have confirmed that Islam respects freedom of belief and
freedom of choice. Others have clarified particular aspects of the penalty for
apostasy, stating that it is not applicable in all circumstances but rather when the act
of apostasy is compounded by hostility and threats to Islam and society.
Furthermore, the courts have dismissed several cases in which lawyers asked for the
State to impose the penalty for apostasy on Muslims who had converted to another
religion;
• As an Egyptian national, Mohammed Hegazy enjoys a full range of rights and
constitutional guarantees that enable him to use all available legal and judicial
remedies. This may offer him some reassurance, should he feel that his life is in
danger. Moreover, criminal proceedings may be brought against anyone who illtreats him or threatens his life, the lives of his family members or his home. Hegazy
has not filed any reports indicating that he has gone into hiding because of threats
that he has received. Moreover, he can leave the country at any time, using his
current passport without having to wait for his personal details to be changed.
95.
Furthermore, the Government of Egypt indicated that Article 46 of the Egyptian
Constitution guarantees freedom of belief and freedom of worship. The Egyptian legal
system does not prevent anyone from converting to any other religion, and the laws do not
criminalize either the act of declaring oneself to be a non-believer or apostasy. Should any
problem arise in connection with any aspect of this issue, the Egyptian courts will serve as
an effective mechanism, offering remedies and protecting the rights and fundamental
freedoms of citizens. In this connection, the Government of Egypt noted that, on more than
one occasion, the administrative courts have played an important role in upholding human
rights in general and religious freedoms in particular. A famous example was the judgement
rendered by the Supreme Administrative Court on 9 February 2008 in favour of plaintiffs
who had converted to Christianity. The judgement was upheld by the State Council and
required the executive authorities to issue new identity papers to the plaintiffs. Another
example is a judgement issued in favour of a person who converted to the Baha’i faith.
Further to that judgement, an implementing regulation of the Ministry of the Interior was
amended to allow for the inclusion of the symbol (-) in the space marked “religion” in
identity papers.
96.
The Government of Egypt noted that the case of Mohammed Hegazy was pending
before the Egyptian courts, which will consider the matter in the light of the Constitution,
Egyptian laws, established norms, existing case law and a number of humanitarian and
practical considerations, and also in keeping with Egypt’s international legal obligations.
(c)
Observations by the Special Rapporteur
97.
The Special Rapporteur is grateful that the Government of Egypt replied to the
communication of 2 February 2010. He would like to refer to the Human Rights
Committee’s general comment no. 22, in which the Committee states: “Article 18
distinguishes the freedom of thought, conscience, religion or belief from the freedom to
21