The ACIJLP Calls upon reducing the excessive issuance of death penalty in Egypt And calls for legislative amendments to the abolition of the death penalty

Cairo, March 24, 2014

The ACIJLP Calls upon reducing the excessive issuance of death penalty in Egypt

And calls for legislative amendments to the abolition of the death penalty

The Arab Center for Independence of the Judiciary and Legal Professions (ACIJLP) expresses its deep concern over the recurrence of issuing death sentences in Egypt, after early trials. The ACIJLP is also afraid of non-consideration of the guarantees and fair trial standards and fair, or that such sentences may aim to appease the public opinion, regardless of availability of guarantees and standards of fair and equitable trial, especially as it is issued in cases where public opinion is a pressing factor.

The sentence issued by Minya Criminal Court ( southern Egypt ) on Monday, March 24th, 2014 ( in the presence of 147accused and in absentia against the other defendants ) to refer the papers of 529 members and supporters of the Muslim Brotherhood to the office of the grand mufti for perusal and the acquittance of 17 others in the case of incidents of violence and abuse on police stations , which took place as a result of dispersal  of Rabaa al-Adawiya sit-in and al-Nahda square last year on 14^th August. The referral is issued after one session of the consideration of the Court. Thus, the sentence increases the concerns of the ACIJLP on the excessive issuance of death sentences in these times, in addition to the excessive legislative application of the death penalty in Egypt through several laws which reach about 105 legislative provisions that criminalize sentences of the death penalty.

The ACIJLP believes that although  this sentence - according to Egyptian law - is issued in absentia and that the defendants after handing them over to the authorities concerned have the right to repeat the proceedings and the trial on the charges against them , but the recurrence of the issuance of such sentences to death indicates that the Egyptian judiciary does not consider the death penalty as a severe penalty which contradict with the international legislation and covenants relevant to the protection of the right to life , including pledges and conventions in which Egypt  is committed to respect such as the International Covenant on Civil and Political Rights, which was ratified by Egypt in January 1982 and entered into force in April of the same year .

The ACIJLP expresses its full condemnation of any criminal acts committed by perpetrators of organized individuals or groups or any attempts or calls that incite national, racial or religious hatred or acts that constitutes incitement to discrimination, hostility or violence. The ACIJLP also rejects the application of trials and death sentences as means to counter such acts and emphasizes the importance of committing to fair and equitable trials whatever the nature of the offense.

The ACIJLP stresses the need to provide all defendants with the guarantees of fair and equitable trial and to take into account safeguards guaranteeing protection of the rights of those facing the death penalty, which adopted in resolution50/1984 of the Economic and Social Council on 25^th May 1984. The ACIJLP calls upon the Egyptian government to put into consideration resolution 162/49of the UN General Assembly issued on December 18, 2007 and Resolution 63/168 issued on December 18, 2008 and its last resolution 65/2006 issued on December 21, 2010 which demanded the States Parties to freeze the application of the death penalty as a prelude to its abolition.

The ACIJLP calls upon the Egyptian authorities to take the necessary legislative measures to counter the legislative application of the death penalty and demands Egypt to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty, as well as the development of alternative sentences to the death penalty because death penalty is considered cruel, degrading and inhuman penalty.

The ACIJLP also calls upon ensuring standards and guarantees of fair trials in courts and prosecutors in Egypt till the ratification of the protocol referred to, including the right to appeal to a higher court, "two degrees of litigation" and to provide guarantees of the right to defense.