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　　In an effort to alleviate the injustice suffered by the victims, the Committee for Justice has lodged a complaint with the United Nations Working Group on Arbitrary Detention regarding the cases of the businessmen Safwan Ahmed Hassan Thabet, born in 1946, founder of the Juhayna Food Industries company, and his son Seif Eldin Safwan Ahmed Thabet, born in 1981, who serves as the company’s executive director. They own the largest dairy and juice product manufacturer in Egypt, Juhayna Food Industries, which was established in 1983 and currently has a capital of around 1 billion Egyptian pounds (63.9 million US dollars).

　　Despite the crisis that the Egyptian economy is facing due to the government’s borrowing policy, the private sector is suffering from tightening measures instead of being revitalized and developed. Many companies owned by Egyptian businessmen have been subjected to intimidation campaigns using terrorism laws to justify the freezing and seizure of their assets on the pretext of their affiliation with terrorist entities.

　　The complaint submitted by CFJ stated that in August 2015, the Financial Asset Assessment Committee for the Muslim Brotherhood froze the personal assets of Mr. Safwan Thabet, but excluded the assets of the Juhayna company. The committee claimed that Thabet was an active member of the Muslim Brotherhood group, not just a supporter.

　　In February 2016, without any court hearings or formal charges, it was reported that the committee froze 7.2% of Juhayna’s shares. The government was unable to seize all of Juhayna’s assets because Mr. Safwan Thabet owned the majority of his shares through Pharaoh Investments Limited, a foreign-based fund owned by the Thabet family. All of this occurred simultaneously with the state’s announcement of establishing a rival company to Juhayna.

　　Mr. Thabet, now free, was first arrested on December 2, 2020, when 50 armed police officers, led by an officer from the National Security Agency, stormed his home in Cairo without an arrest warrant. He remained forcibly disappeared until December 6, 2020, when he appeared before the Supreme State Security Prosecution, charged with joining a terrorist group and financing it based on an investigation report presented by National Security. Neither he nor his lawyer were allowed to access the report, and the prosecution ordered his detention pending trial.

　　Following his detention, Mr. Thabet has been held in solitary confinement at the Tora Farm prison, and he was also transferred to Badr prison in August 2022. He was denied visits, despite suffering from a stomach ulcer, high cholesterol levels, liver fat, knee replacements, and shoulder injuries. Since his arrest, the prison administration had refused to provide him with regular medication or appropriate medical care. On December 2, 2022, his pretrial detention exceeded the legally allowed limit of two years, but no release order was issued, and no evidence has been presented to warrant his referral to trial.

　　Mr. Seif Eldin Thabet, now also free, was summoned on January 31, 2021, to the headquarters of the National Security Agency in Nasr City, Cairo. He was not allowed to bring a lawyer with him. Security and intelligence officials ordered him to hand over the family’s entire stake in the Juhayna company, but he refused. He was summoned again on February 2, and he was subjected to enforced disappearance until February 6 when he was presented to the Supreme State Security Prosecution, charged with joining a terrorist group and financing it. He was imprisoned in the notorious

　　Scorpion prison, where there are no visits, proper meals, or adequate drinking water, and he was held in solitary confinement.

　　After examining the complaint submitted by CFJ, the UN Working Group on Arbitrary Detention confirmed that despite the Egyptian authorities’ claims that Mr. Safwan and Seif Thabet were detained in connection with an actual case related to state security, and that they have been listed as terrorists according to a judicial ruling, and that their vital signs are good, and they receive family visits, mere affirmations by the Egyptian authorities about following legal procedures are not sufficient to refute the source’s allegations of international law violations constituting arbitrary detention.

　　The Working Group also noted that Safwan and Seif Thabet were arrested without a judicial order and were subjected to enforced disappearance for a period of four days. Only then were they notified of the charges against them when they were presented to the Supreme State Security Prosecution on December 6, 2020. This constitutes a violation of Article 9(2) of the ICCPR.

　　The Working Group also emphasized that Mr. Safwan and Seif Thabet have been held in pretrial detention for over three years and two years respectively, pointing out that it is a well-established principle in international law that pretrial detention should be the exception, not the rule. The Working Group considered that the pretrial detention of Mr. Safwan and Seif Thabet lacks a legal basis because it was not based on an individual decision that was reasonable and necessary, taking into account all the circumstances, for the specific purposes set forth in the law, such as preventing escape, tampering with evidence, or committing further crimes.

　　Based on the above, the Working Group found that the arrest and subsequent detention of Mr. Safwan and Seif Thabet lacked a legal basis and therefore constituted arbitrary detention within the meaning of category I. The working group also considered that the violations of the rights of Mr. Safwan and Seif Thabet in their fair trial were of such gravity that their detention was also arbitrary under category III.

　　The Working Group called on the Egyptian authorities to take the necessary steps to rectify the situation of Mr. Safwan and Seif Thabet without delay and bring it in line with relevant international standards. Considering all the circumstances of the case, the appropriate remedy is their release and granting them the enforceable right to compensation.

　　The Working Group also urged the authorities in Egypt to ensure a thorough and independent investigation into the circumstances surrounding the arbitrary deprivation of liberty of Mr. Safwan and Seif Thabet, and to take appropriate measures against those responsible for violating their rights.