Judges public prosecutors and lawyers in several Arab countries call upon the abolition of the death penalty and the freezing of death sentences and replace it with alternative penalties

 

Cairo, 28^th March 2013

 

Judges, public prosecutors and lawyers in several Arab countries call upon the abolition of the death penalty and the freezing of death sentences and replace it with alternative penalties

 

 

The 8th regional Workshop on "The Role of Judges, Public Prosecutors and Lawyers on Reducing the Application of the Death Penalty in the Arab States" has been concluded on Thursday 28^th March 2013. The workshop continued throughout the period from (26th- 28th) March 2013 and organized by the Arab Center for the Independence of Judiciary and the Legal Profession (ACIJLP). Many judges, lawyers, law professors and activists in the field of human rights from different Arab countries (Yemen - Libya - Sudan - Kuwait - Syria - Bahrain - Iraq - Oman - Jordan - Lebanon - Egypt) have participated in the workshop.

Throughout the general sessions of the workshop and the specialized working groups, the participants have reached the following recommendations on the abolition and reduction of the death penalty:

1- Calling upon freezing all death sentences issued by the exceptional courts, and replacing it with alternative penalties that deprive of freedom.

2- Abolition of emergency laws imposed for long periods of time in many Arab countries, which stand between citizens and resorting to their natural judge, activation of guarantees of fair and equitable trials, particularly litigation on two degrees and ensuring the right to defense.

3- A package of legislative reforms in the Arab countries under which Arab legislation are committed to reduce the number of crimes punishable by death to be confined in the most serious crimes, which result in a threat to the right to life, as well as clear developing definitions to these crimes, to conform with the definitions contained in the international covenants, and the comments of the Commission on Human rights derived from the international Covenant on civil and political rights.

4- The need to provide legal assistance through professional lawyers and civil society organizations for the accused exposed to the death penalty since the first moments of the investigation and until the trial, so as to reduce the high rate of death sentences issued by national courts.

5- Demanding clubs and associations of judges to adopt training and rehabilitation programs aimed at raising awareness of judges on covenants and commitments related to the protection of the right to life and using international covenants and commitments in determining judicial rulings.

6- Calling upon the public prosecutors in the Arab countries to stick to the guidelines of public prosecutors issued by the United Nations and to activate their role on the protection of the right to life in order to allow for the judiciary to replace the death penalty, as a mechanism of alternative sanctions for the death penalty.

7- Calling upon bar associations in the Arab countries, in coordination with human rights organizations on the adoption of courses and training programs to rehabilitate the Arab Lawyers in the use of international covenants and commitments before national courts.

8- The Arab legislations should provide for in invalidity of any action or confessions made ​​in the presence of counsel for the accused, with the review of the concept of torture and bring it into line with the definition contained in the International Convention against Torture and Other cruel or degrading or inhuman treatment.

The Workshop addressed international conventions and commitments to protect the right to life such as the Second Optional Protocol to the International Covenant on Civil and Political Rights, the principles of effective Prohibitions and Investigation of extra-legal, Arbitrary and Summary Executions and safeguards to ensure the protection of those facing the death penalty as well as the status of the death penalty in Arab States. The workshop also discussed the stance towards the ratification and accession to relevant convention and covenants, the stance of Islamic law and Christian religion on reducing the application of the death penalty, proposals for gradual abolition of the death penalty and alternative penalties to the death penalty in the Arab states.  in addition to forming working groups on the agreement of national legislation with international conventions, the impact of the extravagance use of penal legislation and national penal procedures in the application of the death penalty, customs and local traditions, the right of defense, the second degree litigation and appeals against sentences.

The workshop aimed to activate the role of the legal professions such as the judges, law professors and lawyers on reducing the application of the death penalty in the Arab States, in addition to activating the role of judicial institutions and Arab human rights organizations in disseminating the culture of tolerance, anti-violence and reducing the application of the death penalty.  The workshop also aimed at finding alternatives penalties to the death penalty, commitment to standards and controls that must be adhered to when applying the death penalty, the observance of internationally recognized safeguards on the protection of the rights of those facing the death penalty and harmonizing national legislation with international conventions and commitments relevant to human rights, particularly the right to life and fair trial.

This is the 8th workshop which comes within the framework of the ACIJLP’s activities on the project “Reducing the application of the Death Penalty in the Arab States” which will continue throughout 2013, with financial support from the European Union, and includes a number of conferences, workshops, seminars, relevant research papers and training courses relevant to the reduction and abolition of the Death Penalty in the national Arab legislations.