A/HRC/16/53/Add.1
manifest religion or belief. It does not permit any limitations whatsoever on the freedom of
thought and conscience or on the freedom to have or adopt a religion or belief of one’s
choice. These freedoms are protected unconditionally, as is the right of everyone to hold
opinions without interference in article 19.1. In accordance with articles 18.2 and 17, no
one can be compelled to reveal his thoughts or adherence to a religion or belief. […] The
Committee observes that the freedom to ‘have or to adopt’ a religion or belief necessarily
entails the freedom to choose a religion or belief, including the right to replace one’s
current religion or belief with another or to adopt atheistic views, as well as the right to
retain one’s religion or belief.”
98.
With regard to the religious education of Ms. Hegazy-Kamel’s and Mr. Hegazy’s
daughter, for which the Government has not provided information, the Special Rapporteur
wishes to take this opportunity to refer to his framework for communications, more
specifically to the international human rights norms and to the mandate practice concerning
the right of parents to ensure the religious and moral education of their children (see para. 1
above, category A. 3. (g)) as well as to his latest thematic report on freedom of religion or
belief and school education (A/HRC/16/53, paras. 20-62).
3.
(a)
Urgent appeal sent on 19 May 2010 jointly with the Chair-Rapporteur of the Working
Group on Arbitrary Detention
Allegations transmitted to the Government
99.
The Special Procedures mandate holders brought to the attention of the Government
information regarding 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, who are all
Ahmadis living in Egypt.
100. According to the information received, in the morning of 15 March 2010, officers of
the Egyptian State Security Investigations officers carried out arrests of the abovementioned members of the Ahmadiyyah community in the five governorates of Cairo,
Qalyoubiya, Monufiya, Minya and Sohag. Reportedly, the arrests appear to have been
conducted based on an interrogation memorandum by State Security Investigations officers
which charged the group of holding and promoting religious “extremist ideas”.
101. The nine Ahmadi men were detained in State Security Investigations headquarters in
various governorates for up to six weeks without appearing before any judicial body or
being charged with a crime. Since early May 2010 the nine Ahmadis have been detained in
Istiqbaal Tora Prison in Cairo.
102. In early May 2010, Mr. Mohamed Hatem Al-Shafi'y and Mr. Khaled Ezzat were
brought before the Supreme State Security Prosecutor’s office, which began investigating
them on charges of showing contempt for the Islamic religion, a crime under Article 98(f)
of the Egyptian Penal Code. The article provides fines or up to five years of imprisonment
for any person who “exploits religion in order to promote or advocate extremist ideologies
by word of mouth, in writing or in any other manner with a view to stirring up sedition,
disparaging or contempt of any heavenly-revealed religion or its adherents, or prejudicing
national unity or social harmony.” Their case is registered as no. 357/2010 (Supreme State
Security).
103. On 12 May 2010, State Security Investigations officers arrested Ms. Ni'maat Sayed
Ahmed, the wife of one of the Ahmadi detainees. On 13 May 2010, the Supreme State
Security Prosecutor’s office charged her with showing contempt for religion after asking
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