A/HRC/16/53/Add.1
her several specific questions about her religious beliefs and her affiliation with the Ahmadi
confession. Her lawyer argued that the clause on showing contempt for religion was
unconstitutional, pointing pointed out that the suspect could not be asked about her
religious beliefs as this violated constitutional protections for freedom of belief and
personal freedom, upheld by Articles 41 and 46 of the Constitution. Subsequently, the
prosecutor ordered the release of Ms. Ni'maat Sayed Ahmed.
104. The Special Procedures mandate holders urged the Government to take all necessary
measures to guarantee that the rights and freedoms of Dr. Mohamed Hatem Mohamed
Halmy Al-Shafi'y, Mr. Khaled Ezzat Abdel-Samea Mohamed Gaber, Mr. Ibrahim Mostafa
Mohamed Al-Gabry Atallah, Mr. Ibrahim Mahmoud Ahmed Sa'eed, Mr. Mostafa Hassan
Ahmed Abul-Leef, Mr. Ma'rouf Saber Al-Sayed Abdallah, Mr. Ashraf Abdel-Fadel Ibrahim
Al-Khayyal, Mr. Mahmoud Wafdi Mohamed Hassan, and Mr. Nasr Abdel-Mon'iem
Mohamed Nassr are respected and, in the event that the investigations support or suggest
the above allegations to be correct, the accountability of any person guilty of the alleged
acts should be ensured.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
105. The Special Rapporteur regrets that he has so far not received a reply from the
Government of Egypt concerning the allegations in the urgent appeal of 19 May 2010. He
would like to appeal to the Government to ensure the right to freedom of religion or belief
of the above mentioned members of the Ahmadiyyah community in accordance with
articles 18 of the International Covenant on Civil and Political Rights and of the Universal
Declaration of Human Rights.
106. The Special Rapporteur would also like to refer to General Assembly resolution
64/164, in which the Assembly urges States “(a) To ensure that their constitutional and
legislative systems provide adequate and effective guarantees of freedom of thought,
conscience, religion and belief to all without distinction, inter alia, by the provision of
effective remedies in cases where the right to freedom of thought, conscience, religion or
belief, or the right to practise freely one’s religion, including the right to change one’s
religion or belief, is violated; (b) To ensure that no one within their jurisdiction is deprived
of the right to life, liberty or security of person because of religion or belief and that no one
is subjected to torture or other cruel, inhuman or degrading treatment or punishment, or
arbitrary arrest or detention on that account and to bring to justice all perpetrators of
violations of these rights [...]”.
4.
(a)
Communication sent on 30 November 2010 jointly with the Independent Expert on
minority issues
Allegations transmitted to the Government
107. The Special Procedures mandate holders brought to the attention of the Government
information regarding Mr. Fouad Tawadros, Mr. Roumany Sedrak, Mr. Wasfi Tadros,
Mr. Bedeir Metri, Mr. Noel Atalla, Mr. Fekry Abdalla, Mr. Antar Gerges, Mr.
Mahrous Gerges, Mr. Roumany Wanis, Mr. Masoud Nagi, Mr. Nabil Saber, Mr. Metry
Moussa, Mr. Nabil Atalla, Mr. Naeem Hakim, Mr. Abdelmalak Youhanna, Mr. Philip
Salib, Mr. Fekry Abdalla, Mr. Boshra A. Gendy, Mr. Fakhry Metri, Mr. Shohdy Metri,
Mr. Kamal Aziz, Mr. Fokeih Aziz, Mr. Metri M. Faltaos, Mr. Ghayeth F. Sefein, Mr.
Wadid A. Boshra, Mr. Shawki Helmi, Mr. Farid A. Moussa, Mr. Wasef Rashed, Mr.
Roumany Sedrak and Mr. Wasfi Tadros, who are all Coptic Christians living in the
village of Elnawahed, Abou Tisht district, Qina governorate, Egypt.
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