The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Egypt on 31 December 2025. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 2 March 2026, and their response is currently being translated.
Since the communication was sent, Egypt’s Supreme Administrative Court accepted Ahmed Samir Santawy’s appeal and lifted his name off the travel ban list.
This is a shorter version of the original communication.
BACKGROUND
Topic: restrictions and precautionary measures against released human rights defenders, including the renewed inclusion on the terrorism watchlist of Mr. Mohamed El-Baqer, and a continued travel ban and asset freeze as well as pending charges against Messrs. Gasser Abdel Razek, Karim Ennarah, Mohamed Bashir, and a travel ban against Mr. Ahmed Samir Santawy.
Mr. Gasser Abdel Razek is a human rights defender and the former Executive Director of the Egyptian Initiative for Personal Rights (EIPR).
Mr. Karim Ennarah is a human rights defender and Research Director of the EIPR.
Mr. Mohamed Bashir is a human rights defender and the Administrative Director of the EIPR.
Mr. Mohamed El-Baqer is a lawyer and human rights defender who has used social and other media outlets to publish and write about human rights issues, including on cases of enforced disappearances and torture allegedly involving the National Security Agency.
Mr. Ahmed Samir Abdel-Hai Ali, also known as Ahmed Samir Santawy, is an Egyptian human rights defender who obtained a Masters in Sociology and Social Anthropology at the Central European University in Vienna. He has published articles discussing women’s right to access safe abortion services in Egypt, based on his thesis research.
Messrs. Abdel Razek, Ennarah and Bashir were the subject of communications AL EGY 11/2019; AL EGY 15/2020; and AL EGY 8/2021 for which no replies have been received. They were also the subject of AL EGY 2/2022 sent on 21 March 2022; we thank the Government for its reply received on 20 February 2023. In light of the following information received, we remain concerned that despite their release five years ago, restrictions against the human rights defenders have remained in place.
Mr. Mohamed El-Baqer was the subject of communications AL EGY 11/2019, AL EGY 10/2020; AL EGY 8/2021; and AL EGY 5/2021, for which no replies have been received, and AL EGY 1/2022, for which we thank the Government for its reply received on 19 January 2023. In light of the following information received, we remain concerned at his renewed inclusion on Egypt’s terrorism watchlist.
The case of Mr. El-Baqer was also included in the 2020 report of the Secretary-General (A/HRC/45/36, Annex I paras. 45-46) on cooperation with the United Nations in the field of human rights, in regards to allegations that he had been targeted in relation to his engagement with the Universal Periodic Review of Egypt. Mr. El-Baqer was also the subject of opinion No. 45/2021 of the Working Group of Arbitrary Detention, in which the Working Group concluded that his detention is arbitrary and called for his immediate release.
Mr. Ahmed Samir Abdel-Hai Ali was the subject of UA EGY 2/2021, for which no reply has been received. Mr. Abdel-Hai Ali was also the subject of opinion No. 83/2021 of the Working Group of Arbitrary Detention, in which the Working Group concluded that his detention is arbitrary and called for his immediate release.
We would also like to refer to communications EGY 4/2020 and EGY 13/2020 regarding Egypt’s Anti-Terrorism and Terrorist entities laws and its Terrorism Circuit Courts, respectively. We thank you for the reply to EGY 4/2020 dated 8 April 2020 and acknowledge the detailed response provided by the Egyptian Government to the joint communication from Special Procedures mandate holders concerning various laws and their application in practice though our concerns remain regarding the compatibility of Egypt’s counter-terrorism legal framework and application with international legal standards. We also regret that no response has been provided to EGY 13/2020.
ALLEGATIONS
Regarding Messrs. Abdel Razek, Ennarah and Bashir:
Mr. Bashir was arrested on 15 November 2020. Mr. Abdel Razek and Mr. Ennarah were arrested separately between 17 and 19 November 2020. They were questioned by the Supreme State Security Prosecution (SSSP) and were charged in case No. 855/2020 under Egyptian Antiterrorism Law for “joining a terrorist organisation with knowledge of its purpose”. They were also charged under Egyptian Anti-Cybercrime Law for using a personal account on the Internet to spread false information that undermines public security, and under the Penal Code for broadcasting false news and statements that undermine public security and harm the national interest. No credible evidence was presented. Their arrests came after the visit of 13 foreign ambassadors and diplomats to the EIPR headquarters in November 2020. Messrs. Abdel Razek, Ennarah and Bashir were interrogated about this visit and questioned about their work at EIPR.
Messrs. Bashir, Ennarah and Abdel Razek were released on 3 December 2020 following calls by a number of Egyptian members of Parliament as well as United Nations independent experts, NGOs, and celebrities. The charges against them have not been dropped, and case No. 855/2020 remains open. As far as we are aware, no further investigation or trial has taken place.
On 6 December 2020, the Terrorism Circuit of the Cairo Criminal Court issued a ruling imposing an asset freeze and a travel ban on Messrs. Bashir, Ennarah and Abdel Razek in response to a request by the Public Prosecutor. Their lawyers were denied a copy of the ruling.
The restrictions against Messrs. Bashir, Ennarah and Abdel Razek limit their right to freedom of movement and other rights related to accessing funds and holding a bank account. They have appealed to have the restrictions lifted but the SSSP has so far not responded, and the Cairo Court of Appeal has not set a date for a hearing. Egypt’s Code of Criminal Procedure, article 208 bis b, guarantees the right of those under asset freeze to appeal the decisions every three months. In addition, by law the inclusion of a person on a travel ban expires after three years unless renewed.
On 19 November 2024, the EIPR submitted a complaint, registered as No. 364, to the Supreme Judicial Council against the continued asset freeze of Messrs. Bashir, Ennarah and Abdel Razek and the travel ban imposed on them. The EIPR also filed a report with the Public Prosecutor asking that the charges in case No. 855/2020 be dropped and the restrictions be lifted. No response has been given.
Regarding Mr. Karim Ennarah:
On 26 August 2025, Mr. Ennarah was arrested shortly after leaving his home in Egypt’s North Coast resort. He was blindfolded, handcuffed and taken to an undisclosed location where he was held for over 12 hours before appearing before the SSSP in New Cairo. He was interrogated in case No. 6592/2025 Supreme State Security pending investigation on charges of “joining a terrorist group, spreading false news, and using an online account to commit a crime.” The accusations were in response to a report by the National Security Agency, which neither he nor his lawyers were allowed to view. As evidence of “spreading false news,” the prosecution questioned him about a social media post he shared in July showing a tree with the title “A Daily Picture of a Tree so Egyptians Don’t Forget what Trees Look like.” He was released after the questioning and remains charged.
Regarding the case of Mr. Mohamed El-Baqer
Background
On 29 September 2019, Mr. El-Baqer was arrested in the premises of the State Security Prosecution after he attended the interrogation of one of his clients. He was accused of “belonging to a terrorist group”, “funding a terrorist group”, “spreading false news undermining national security” and “using social media to commit publishing offenses” in the criminal case No. 1356/2019. The Prosecutor also questioned him about his engagement with the UN human rights mechanisms and bodies related to the November 2019 UPR of Egypt. He was placed in pre-trial detention.
On 30 August 2020, Mr. El-Baqer was informed of new charges brought against him in case No. 855/2020, which included other defendants, of joining an illegal organization and being a part of a criminal agreement with the purpose of committing a terrorist act from inside the prison.
On 19 November 2020, Mr. El-Baqer’s name was added to Egypt’s list of domestic terrorists and terrorist entities [hereinafter “terrorism watchlist”] for a period of five years by a decision of the Terrorism Circuit of the Cairo Criminal Court. No charges were officially mentioned, and the court ruling was in response to a request by the Public Prosecutor in case No. 1781/2019, without granting Mr. El-Baqer the right to present his defence. Inclusion in the terrorist watchlist leads to a travel ban, the withdrawal or cancellation of the individual’s passport, the freezing of the person’s assets, and the suspension of membership in professional unions. Thus, Mr. El-Baqer was prohibited from practicing law during the years in question. Mr. El-Baqer’s appeal before the Court of Cassation against the decision was rejected.
On 16 October 2021, Mr. El-Baqer was referred to the Emergency State Security Court (ESSC) by the SSSP under a new case without his lawyers being informed. He was charged with “spreading false news undermining national security” and “using social media to commit publishing offenses” in case No. 1228/2021. These charges were identical to two of those brought against him in case No. 1356/2019.
Although the state of emergency in Egypt was lifted on 26 October 2021, the ESSC remains in place for cases referred to it beforehand. Emergency Court verdicts are not subject to appeal and can only be commuted or overturned by the President of Egypt.
On 20 December 2021, the ESSC Court in New Cairo sentenced Mr. El-Baqer to four years in prison in case No. 1228/2021, which began in early January 2022 after it was ratified by the President of Egypt. In addition to his four-year sentence, Mr. El-Baqer continued to be held in pre-trial detention in case No. 1356/2019. Mr. El-Baqer was subjected to ill-treatment and abuse while in prison.
Regarding Mr. El-Baqer’s release:
On 19 July 2023, Mr. El-Baqer was granted a presidential pardon No. 290/2023, in case No. 1228/2021 and released from prison. The pardon did not address case No. 1356/2019, nor Public Prosecutor case No. 1781/2019, on the basis of which he was placed on the terrorist watchlist. It also did not address a fourth case, No. 855/2020 brought against him while he was in prison.
Regarding Mr. El-Baqer’s new inclusion on the terrorist watchlist:
On 18 November 2025, the First Circuit of the Cairo Criminal Court renewed the inclusion of Mr. El-Baqer on the terrorist watchlist for a second period of five years. This was in response to a request by the Public Prosecutor’s Office. No new evidence was provided, and the renewal came one day before the end of the first five-year period. Mr. El-Baqer plans to appeal his re-listing before the Court of Cassation within 60 days of the ruling.
Regarding Mr. Ahmed Samir Abdel-Hai Ali:
Background:
Also known as Ahmed Samir Santawy, Mr. Abdel-Hai Ali left Egypt in September 2019 for Vienna to pursue his degree in social anthropology on the intersection of human rights, gender and neo-colonialism in Egypt, through the lens of the country’s anti-abortion laws.
On 15 December 2020, Mr. Abdel-Hai Ali returned home to Egypt for his winter break from university. Upon arrival at Sharm Elsheikh International Airport, he was stopped and questioned by airport police before being permitted to proceed to arrivals.
On 23 January 2021 at 2 a.m., seven armed officials from the Central Security Forces broke into Mr. Abdel-Hai Ali’s home and searched the entire home, photographing the identity cards of all those present. Mr. Abdel-Hai Ali, who was outside of Cairo at the time of the raid, was ordered to report to the National Security Office at the Fifth Settlement Police Station.
On 1 February 2021, Mr. Abdel-Hai Ali arrived at the police station with one family member, who was to wait for him while he was brought in for questioning. He was interrogated by National Security police officers without the presence of his lawyer. Mr. Abdel-Hai Ali did not re-appear following the interrogation and was disappeared for six days.
On 6 February 2021, Mr. Abdel-Hai Ali appeared before the Supreme State Security Prosecution. He was charged with “joining a terrorist organisation”, “publishing false news” and “using a personal account on the internet to publish false news” and was held in pre-trial detention under case No. 65/2021. He was later charged in a new case, No. 774/2021, with the same accusations, in a practice commonly known as “rotation.”
On 22 May 2021, the Supreme State Security Prosecution interrogated Mr. Abdel-Hai Ali in the new case and presented as evidence an alleged social media account with alleged posts by him. He denied any connection to the account.
On 22 June 2021, the ESSC convicted Mr. Abdel-Hai Ali of “spreading false news on social media from within and outside the country harmful to national security” and sentenced him to four years in prison under case No. 774/2021, registered as case No. 877/2021 Supreme State Prosecution. As highlighted above, Emergency Court verdicts are not subject to appeal and can only be commuted or overturned by the President of Egypt.
On 16 February 2022, the President ordered a retrial of Mr. Abdel-Hai Ali.
On 21 February 2022, Mr. Abdel-Hai Ali appeared in front of an ESSC for a new trial on the same charges. His lawyers were not allowed to meet with him ahead of the start of the trial.
On 4 July 2022, Mr. Abdel-Hai Ali was convicted by the ESSC of the same charges and sentenced to three years in prison.
Regarding Mr. Abdel-Hai Ali’s release and travel ban:
On 30 July 2022, Mr. Abdel-Hai was released from prison on Presidential Pardon on the retrial conviction in case No. 774/2021.
On 27 August 2022, in June 2023 and in August 2023, Mr. Abdel-Hai Ali attempted to travel from Cairo International Airport; he was stopped and told by immigration officials that he was barred from travelling. No official travel ban was presented to him.
In February 2024, Mr. Abdel-Hai Ali presented complaints to the Minister of Interior, and the Interior Ministry’s director of passport and immigration administration, and the director of national security describing the difficulties and the impact of the travel ban and asking for the legal basis of the ban. He did not receive any reply. This procedure was taken as a first step to allow him to raise a case before the Administrative Court.
On 22 June 2024, Mr. Abdel-Hai Ali raised a case before the Administrative Court, naming the Minister of Interior, the director of passport and immigration administration and the director of national security as the main officials responsible for not replying to his complaint or providing a legal basis for the travel ban against him. The Administrative Court held its first hearing on the case in September 2024.
On 22 March 2025, the Administrative Court upheld the travel ban, based on a response from the Ministry of Interior stating that Mr. Abdel-Hai Ali posed a danger to national security as the legal basis for the travel ban. This was first time Mr. Abdel-Hai Ali obtained official information on the travel ban.
In June 2025, Mr. Abdel-Hai Ali appealed to the Supreme Administrative Court; he has not heard back yet.
CONCERNS
In the communication, we express serious concern at the imposition of a travel ban against Messrs. Abdel Razek, Ennarah, Bashir, and Abdel-Hai Ali, and the freeze of assets of Messrs. Abdel Razek, Ennarah, and Bashir. We note that the lawyers for Messrs. Abdel Razek, Ennarah, Bashir and Abdel-Hai Ali were denied a copy of the ruling imposing the travel ban and asset freeze, and that Mr. Abdel-Hai Ali was not properly notified of the travel ban against him, raising serious concerns of violations of the rights to due process and to an effective remedy. We are also concerned that the imposition of such measures may violate the right of the individuals to freedom of movement and unduly restrict the economic and social rights of Messrs. Abdel Razek, Ennarah and Bashir.
Targeted sanctions resulting in the freezing of assets, the imposition of travel bans, and other restrictions have severe consequences for the affected individuals and their families and their ability to enjoy economic and social rights. We draw the attention of the Egyptian Government to the report of the Special Rapporteur on the promotion and protection of human rights while countering terrorism outlining best practices to protect human rights while using administrative measures to prevent terrorism (A/80/284). We also recall that any restriction that may limit freedom of movement on the basis of public order should be strictly necessary and proportionate, factually motivated, and when cumulatively sustained, subject to stringent and ongoing review.
We also wish to express our concern at the renewed inclusion of Mr. El-Baqer on the terrorism watchlist despite his release from prison by Presidential Pardons.
Egypt’s terrorism listing process, its lack of conformity with international human rights law and best practice standards[1] and its misuse as a form of reprisal against human rights defenders is the subject of ongoing concern for Special Procedures mandate holders (see EGY 2/2024, EGY 7/2023, EGY 3/2023, EGY 6/2022, EGY 1/2022, EGY 8/2021, EGY 4/2020). We echo concerns that the inclusion of individuals to such a list “does not necessarily require the presence of the accused or his defence, as it is a judicial procedure that results merely in measures which the accused has the right to appeal.”[2] These concerns highlight that the process of listing constitutes an arbitrary, independent and severe legal penalty, which profoundly affects the civil and administrative rights of individuals and thus requires the full application of fair trial and due process rights under international law, including access to independent legal representation. In our view, the Egyptian Government’s policy would appear to confirm an alarming pattern, whereby the “listing” of individuals on the terrorism watchlist is conducted on the basis of limited information or notice available to an accused or the person’s defence team. We are concerned about what seems to constitute a systemic pattern of abuse in the use of counter-terrorism legislation to suppress dissent and curtail the work of human rights defenders in Egypt.
We reiterate concerns previously raised in EGY 4/2020 regarding the vagueness of provisions in Egypt’s counterterrorism and national security legal frameworks, the dangers of overly broad definitions of terrorism therein, and the lack of compliance of Egypt’s Anti-Terrorism Law with its international treaty obligations.
Moreover, we express serious concerns regarding restrictions to the rights to freedom of expression and of association, including through the criminalisation of information deemed false, and the use of social media in contradiction with the provisions of international human rights law. We recall that legitimate expression of opinions or thought must not be criminalized. In resolution A/HRC/7/56, the Human Rights Council has stressed “the need to ensure that measures for (…) the protection of national security, including counter-terrorism, (…) are in full compliance with international human rights obligations (…) and stressing also the need to protect human rights, including the right to freedom of opinion and expression.” Measures aimed at regulating the existence and work of civil society and human rights defenders must comply with the requirements of legality, proportionality, necessity, and non-discrimination.
Finally, we reiterate our alarm at the continued practice of “case recycling” or “rotation of cases” in Egypt used to indefinitely detain individuals, including Mr. Abdel-Hai Ali. We remind the Egyptian Government that this practice appears contrary to Egypt’s obligations under international law, particularly in relation to the principle of non bis in idem.
[1] See A/HRC/16/51, paras. 33-35, and A/80/284, paras 20-26.
[2] WGAD Opinion 77/2020, para. 41. Human Rights Committee, general comment 32 (CCPR/C/GC/32), para. 15, citing communication No. 1015/2001, Perterer v. Austria, para. 9.2., which details that the right to a fair and public hearing by a competent, independent, and impartial tribunal established by law may also “extend to acts that are criminal in nature with sanctions that, regardless of their qualification in domestic law, must be regarded as penal because of their purpose, character or severity.”
