31 March 2014
GENEVA (31 March 2014) – A group of eight United Nations human rights experts* today urged the Egyptian authorities to quash the 529 death sentences announced in Egypt last week and give the defendants new and fair trials, so as to ensure respect of international human rights law.
“The right to life is a fundamental right, not a toy to be played with. If the death penalty is to be used at all in countries which have not abolished it, international law requires the most stringent respect of a number of fundamental standards,” the experts said.
On 24 March 2014, 529 individuals were sentenced to death in Egypt on charges related to the events leading to the ousting of the Government of President Mohammed Morsi in 2013. At least 600 more individuals are currently under trial for similar charges.
“We are appalled by the lack of clarity of the charges under which each individual was sentenced to death. Reports that some of them received capital punishment for charges of unlawful gathering, or any other offence not involving murder, indicate a clear violation of international law,” the experts stressed, recalling the “most serious crimes” provision under international law, according to which only crimes of intentional killing may be punishable by death.
The experts also expressed deep concern about numerous procedural irregularities reported during the recent proceedings, such as limited access to lawyers, trials in absentia, or the mass imposition of the death sentences. “The conduct of trials in such conditions is in breach of the International Covenant on Civil and Political Rights, to which Egypt is a party,” they said.
“International law also requires that, in cases of capital punishment, trials must meet the highest standards of fairness and due process,” they noted.
“The imposition of the sentence of death on 529 defendants, after a two-day trial that was rife of procedural irregularities, and on unclear or sometimes insignificant charges makes a mockery of justice,” added the experts. “There is a clear need for a serious and comprehensive reform in any legal system that allows for such developments to occur.”
“In absence of fair trial and due process guarantees and respect of Egypt’s international obligations, all verdicts, but particularly those which impose the death penalty, are likely to undermine any prospects for reconciliation within the Egyptian society,” they warned.
“We will closely follow the situation, including all trials, and remind the Egyptian authorities how crucial it is that the future of the Egyptian society be based on dialogue, justice, and respect of human rights,” they added.
(*) The experts: Mr. Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions; Ms. Gabriela Knaul, Special Rapporteur on the independence of judges and lawyers; Mr. Juan Méndez, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Mr. Pablo de Greiff, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence; Mr. Mads Andenas, Chair-Rapporteur of the Working Group on Arbitrary Detention; Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr. Frank La Rue, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Mr. Ben Emmerson, Special Rapporteur on the promotion and protection of human rights while countering terrorism.
The United Nations human rights experts are part of what it is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights, is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world.
They are charged by the Human Rights Council to monitor, report and advise on human rights issues. Currently, there are 37 thematic mandates and 14 mandates related to countries and territories, with 72 mandate holders. The experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
Summary executions: http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx
Independence of the judiciary: http://www.ohchr.org/EN/Issues/Judiciary/Pages/IDPIndex.aspx
Transitional justice: http://www.ohchr.org/EN/Issues/TruthJusticeReparation/Pages/Index.aspx
Arbitrary detention: http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx
Freedoms of peaceful assembly an association: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
Freedom of opinion and expression: http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
Un Human Rights, Country Page – Egypt: http://www.ohchr.org/EN/Countries/MENARegion/Pages/EGIndex.aspx
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