PRESS RELEASE
April 7, 2014
Death Penalty Sentence of 529 Egyptians Violates Right to Fair Trial
On March 24, 2014, 529 Egyptians were sentenced to death 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 on trial for similar charges.
Whereas international law does not expressly prohibit the death penalty, it limits its application to a
few offences, prohibits it with regard to certain persons, prescribes a series of rules for its application
over time and grants procedural guarantees to persons likely to be sentenced to the death penalty1.
International law widely emphasizes that the norms for a fair trial must be respected whenever the
imposition of the death penalty is imminent.
Article 6 of the International Covenant on Civil and Political Rights2 (“ICCPR”), to which Egypt is a
party, emphasizes that this penalty can only be rendered by a competent court.
In this connection, the United Nations Human Rights Committee (“the “Human Rights Committee”)
has stated in its General Comment no. 6 that "the procedural guarantees therein prescribed must be
observed, including the right to a fair hearing by an independent tribunal, the presumption of
innocence, the minimum guarantees for the defence, and the right to review by a higher tribunal
(…)”.3
1
See in particular Article 6, Para. 2 of the ICCPR.
Article 6 :
“1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived
of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious
crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of
the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can
only be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any
State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or
commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be
carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the
present Covenant”.
3
Para.7
2
UIA – 25, rue du Jour – 75001 Paris (France), Association Loi 1901 n° W751207624
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The guarantees mentioned are therefore those prescribed in Article 14 of the ICCPR, and the Human
Rights Committee concluded several times that Article 6 of the ICCPR had been violated in the case of
proceedings having led to a death sentence under conditions that were not in compliance with the
stipulations contained in Article 14.
The Safeguards guaranteeing the protection of the rights of those facing the death penalty (the
"Safeguards")4 provide for the following:
“4. Capital punishment may be imposed only when the guilt of the person charged is based
upon clear and convincing evidence leaving no room for an alternative explanation of the
facts.
5. Capital punishment may only be carried out pursuant to a final judgement rendered by a
competent court after legal process which gives all possible safeguards to ensure a fair trial,
at least equal to those contained in Article 14 of the International Covenant on Civil and
Political Rights, including the right of anyone suspected of or charged with a crime for which
capital punishment may be imposed to adequate legal assistance at all stages of the
proceedings.”
Resolution 1989/64 of May 24, 1989 of the United Nations Economic and Social Council (“EcoSoc”),
entitled, “Implementation of the Safeguards guaranteeing protection of the rights of those facing the
death penalty” recommends that Member States grant special protection to those facing the
possibility of receiving a death sentence. It must give them the time and the means to prepare their
defence and, in particular, to receive the services of a lawyer at all stages of the proceedings and
must go beyond the protection granted to those not facing the death penalty.
The UIA recalls that according to paragraph 2 of Article 6 of the ICCPR, both the United Nations
General Assembly ("General Assembly") and the Human Rights Committee have several times
emphasized the need to limit the number of crimes punishable by capital punishment and to restrict
its application to the most serious crimes.
According to the information received about the Egyptian sentences, numerous procedural
irregularities occurred during the proceedings, such as unclear or insignificant charges, limited access
to lawyers, trials in absentia.
The UIA considers that the imposition of the sentence of death on 529 defendants, after a two-day
trial, constitutes a per se mockery of justice and a blatant violation of all rights and guarantees
identified above.
We remind the Egyptian authorities of their obligations as a State party to the ICCPR, and we insist
on the safeguards that must be applied to those sentenced to death, such as the right to appeal and
suspensive effect of appeal.5 The UIA will continue to follow closely the situation.
4
Safeguards guaranteeing the protection of the rights of those facing the death penalty, approved by EcoSoc in its
Resolution 1984/50 of 25 May 1984.
5
Article 14, Paragraph 5 of the ICCPR provides for the right of all those sentenced to death to be found guilty and to appeal
to a higher jurisdiction, in accordance with the law.
The Safeguards reiterate the same principle: “Anyone sentenced to death shall have the right to appeal to a court of higher
jurisdiction, and steps should be taken to ensure that such appeals shall become mandatory” (Safeguard No. 6).
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More about the UIA
The Union Internationale des Avocats (UIA) was created in 1927 and is the oldest professional association, with several
thousand individual members, as well as more than 200 bar associations, organisations or federations (representing nearly
two million lawyers) from over 110 countries.
The main aims of the UIA are to promote the basic principles of the legal profession, to contribute to the establishment of an
international legal order based on the principles of human rights and justice among nations, through the law and for the
cause of peace, and to defend lawyers and their clients.
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Contacts:
Julie Goffin, Human Rights and Protection of Lawyers Coordinator, j.goffin@avocat.be
Romina Bossa-Abiven, Human Rights and Legal Profession Project Assistant, rbossa@uianet.org
Marie-Pierre Lienard, Communication Officer, mplienard@uianet.org
UIA – 25, rue du Jour – 75001 Paris (France), Association Loi 1901 n° W751207624
Tél. : +33 1 44 88 55 66 / Fax : +33 1 44 88 55 77 / E-mail : uiacentre@uianet.org / Web : www.uianet.org