Egypt’s interim government have repealed three men’s death sentences issued by the Supreme Emergency State Security Courts for their alleged involvement in the October 2004 bombings in the Sinai Peninsula resorts of Taba and Nuweiba and the 2005 bombings in the Sharm-el-Sheik resort.
The African Commission on Human and People’s Rights found Egypt had violated the African Charter on Human and People’s Rights for the torture of the three men, and that their trial was unfair as it took place in a special emergency court. The case was brought by INTERIGHTS and EIPR (Egyptian Initiative for Personal Rights).
The Commission also found that there had been numerous human rights violations, mainly that of torture in addition to violations of detention and fair trial rights. This includes “right to access to a lawyer and medical care shortly after detention, trial before an independent judiciary and preclude the use of evidence obtained through torture in any judicial proceedings.” Furthermore, given that these violations occurred, the Commission found that their sentencing was a violation of the right to life.
This decision may be seen as a “landmark” ruling as it creates certain criteria for African states concerning their duties to prevent torture, including access to lawyers and doctors for detainees. It also indicates that “evidence and confessions obtained through torture or cruel, inhuman and degrading treatment cannot be used in judicial proceedings.”
Click here to see a press release from INTERIGHTS and EIPR.
Click here to see the African Commission judgment.
Click here to see an INTERIGHTS document explaining the case and the decision.