After five years of complete absence from any judicial authority, Egyptian citizen Ali Fathy Ali Tehami has appeared before the Supreme State Security Prosecution in recent hours, in the first official acknowledgment of his existence since his arrest in 2020.
The prosecution ordered his detention for 15 days pending investigation. He appeared visibly disoriented and confused, affirming during the session that he could not recall any means of contacting his family due to the “severe psychological impact” of his years held unlawfully. However, the defence team succeeded in re-establishing contact with his family and informed them of his reappearance after years of complete silence.
This delayed appearance reveals serious shortcomings in the mechanisms for protecting detainees. Detaining a person for such an extended period without being presented before an authorised investigative body constitutes a grave violation of the principle that liberty cannot be restricted without legal justification. It also highlights the severe consequences of enforced disappearance, infringing on fundamental human rights, including the right to personal safety and communication with family and legal counsel.
During the investigation session, the defence team requested documentation of the signs of physical and psychological distress observed on their client and demanded his urgent referral to an independent medical committee. The importance of this request lies in the legal obligation to ensure detainees’ safety, especially when there are indications of mistreatment or inhumane detention conditions.
The case also underscores the need for a comprehensive investigation into the circumstances of his detention over the past years, identifying the entity responsible and whether minimum safeguards for personal liberty were observed. The reappearance of a detainee after years of complete disappearance raises critical questions about the legal system’s ability to provide real protection for individuals deprived of their liberty.
Ali Tehami’s case stands out as one of the most significant to be revealed this year, due to the length of his disappearance and the concerns surrounding his health and psychological wellbeing. It necessitates close monitoring to ensure he obtains all rights guaranteed under the constitution and law. Moreover, the incident of his enforced disappearance must be properly documented as a matter requiring accountability, independent review, and reform of detention and oversight mechanisms.
