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1/6/2002
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Egypt: Capital Punishment Between Islamic Shari'a and Human Rights International Standards
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In this context, EOHR recommends the following:
1- The Egyptian government shall sign the Second Optional Protocol to the International Covenant for Civil and Political Rights, aiming at abolishing the death penalty, and also to respect the international instruments limiting the application of the capital punishment until it is finally abolished, in consistency with the recommendations of the Human Rights Commission in 1993.
2- The necessity of reconsidering the crimes in which death penalty was applied, and limiting the offences which are faced with the capital punishment to crimes with grave legal consequences, providing a certain mechanism for the execution of such a penalty, and stopping the execution of the current death sentences to replace them by imprisonment for long periods, as a first step towards the total abolishment of the death penalty.
3- Respecting one of the criteria related to the just and fair trial in cases tried by death penalty, by means of:
a- Stop at once the trial of civilians in exceptional courts, especially Military Courts and the State Security Emergency Court.
b- Ensuring getting a fair trial in public sessions, in court with the right jurisdiction, that are independent and fair.
c- Instantly guaranteeing the rights of all those against which death sentences were issued in criminal courts, to have their cases reconsidered thoroughly by higher jurisdiction courts.
4- The President of the Republic shall use his powers mentioned in Article 470 Criminal Procedures Law, to pardon those sentenced to death, as he didn't use these powers since 1994 until 2006, as stipulated in the Article mentioned above.
5- Canceling the state of emergency imposed since 1981 by Emergency Law no. 162/1958, because of its grave effects on the human rights, and being a hindrance to the democratic peaceful development of the society, so as to stop referring civilians to military courts, and to abolish the State Security Emergency Court.
6- Try to decrease the crime rate by dealing with poverty, illiteracy and unemployment, which will with no doubt participate in decreasing the crime rates.
Annexes
Table (1)
Prominent cases in which death sentences were issued during 2002-2005
S |
Case No. |
District |
Defendant’s name |
offence |
Year of Execution of death sentence |
| 1 |
927 / 95 |
6th of October Criminal Court |
Antar Ali Abdulsamad |
Intentional murder with premeditated design |
2002 |
| 2 |
5760 / 99 |
Tanta CC |
1- Alsayed Mustafa Mustafa. 2- Walid Alsayeed Ahmed |
Abducting and rapping |
2002 |
| 3 |
7558 / 99 |
Boulak El Dakrour CC |
Albasha Alsayed Soliman |
Abducting and rapping |
2002 |
| 4 |
15001 / 94 |
Basatin CC |
Kamel Mohamed Kamel |
Intentional murder and robbery |
2002 |
| 5 |
17854 / 99 |
Agouza CC |
Essam Mohamed Abdulhamed |
Intentional murder and robbery |
2003 |
| 6 |
1870 / 2001 |
Imbaba CC |
Ahmed Ali Abdulgafour |
Intentional murder with premeditated design |
2003 |
| 7 |
7295 / 2002 |
Helwan CC |
Mohamed Hassan Mohamed Selim |
Intentional murder |
2003 |
| 8 |
10416 / 99 |
Al Sahel CC |
1- Mohamed Abdullatif Sayed, 2- Nazera Fahim Mahmoud |
Intentional murder and robbery |
2003 |
| 9 |
9817 / 98 |
Imbaba CC |
Essam Eesa Mohamed Al Dieb |
Abducting and rape |
2003 |
| 10 |
12819 / 99 |
Al Haram CC |
Atif Ramadan Hasanen |
Intentional murder and robbery |
2003 |
| 11 |
3390 / 2001 |
Atfieh (South Giza) CC |
Ramadan Ali Yousif |
Intentional murder with premeditated design |
2003 |
| 12 |
6350 / 99 |
Misr Al Kadima CC |
Amir Mahmoud Amin |
Intentional murder and robbery |
2004 |
| 13 |
19130 / 99 |
Helwan CC |
Ayman Ahmed Mohamed |
Intentional murder and robbery |
2004 |
| 14 |
1323 / 2001 |
Nasr City CC |
Amir Mohamed Abdulhamed |
Intentional murder and robbery |
2004 |
| 15 |
1456 / 2001 |
Imbaba CC |
Ibrahim Alsayed Ali |
Intentional murder and robbery |
2004 |
| 16 |
26100 / 2001 |
Basatin CC |
Ashraf Sayed Fadel |
Intentional murder and robbery |
2004 |
| 17 |
3841 / 2001 |
Nasr City CC |
1- Radwan Saeed Ahmed. 2- Mahmoud Ali Mahmoud |
Intentional murder and robbery |
2004 |
| 18 |
9025 / 90 |
Boulak El Dakrour CC |
Abdullah Abdulwahab Mohamed |
Intentional murder and robbery |
2004
|
| 19 |
5468 / 2002 |
Al Waly CC |
Wael Khamis Alsayed Ahmed Behery |
Intentional murder and robbery |
2004 |
| 20 |
478 / 97 |
Imbaba CC |
Mohamed Ahmed Badr |
Intentional murder and robbery |
2005 |
| 21 |
20010 / 98 |
Boulak El Dakrour CC |
Hany Mohamed Khalil |
Intentional murder and robbery with premeditated burning |
2005 |
| 22 |
17637 / 2002 |
Aswan CC |
1- Kheirallah Mahmoud Kheirallah. 2- Fatima Hamed Mohamed |
Intentional murder with the possession of a banned tool |
2005 |
| 23 |
7692 / 2000
20107/ 74 judiciary year |
Aga CC |
1- Abdulmeniem Mohamed Abdulmeniem Al Gendy. 2- Sameh Mahmoud Hamza Al Qalioby |
Intentional murder with premeditated design |
2005 |
| 24 |
21937 / 2004
1999/2223 Giza Court |
Al Haram CC |
Ibrahim Mohamed Ahmed Boghdady |
Intentional murder with premeditated design |
2005 waiting for the final verdict that was issued on 15/6/2005 |
| 25 |
26196 / 1999 ßáí 2223 |
Imbaba CC |
1- Alaa Mohamed Al Saudi Eleya. 2- Mohamed Ibrahim Mohamed (Hamada) |
Intentional murder with premeditated design |
2000 |
Table (2)
Death sentences in cases at the Criminal/High State Security Court
| S |
Case |
Names |
Date |
Notes |
| 1 |
Murder of Officer Ahmed Alaa, State Security, Fayoum |
1- Morsy Ramadan Morsy |
25/5/1993 |
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| 2 |
Murder of Dr. Farag Fouda |
2- Abdulshafy Ahmed Ramadan |
30/12/1993 |
Defendants were 13, eight of which were dismissed as innocent, three were imprisoned, and one was dismissed because of his death |
| 3 |
Murder of Detective in Esna |
3- Mohamed Saeed Ali Ahmed
4- Mohamed Qenawy
5- Montaser Al Amir Bahr
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19/4/1995 |
Qena Criminal Court, 10 defendants, one dismissed as innocent and 6 were imprisoned for life |
| 4- |
Violence in Suez |
6- Mohamed Fawzy Ibrahim
7- Ahmed Abdulqader Bakry
|
9/7/1995 |
Defendants were 18, two proven innocent, 13 were imprisoned |
| 5 |
Aswan Cell
Murder of 3 soldiers from the police |
8- Mohamed Abdulraof Mohamed
9- Ayman Kamal Mohamed
10- Nasser Mohamed Abdulkerem
|
5/5/1996 |
29 defendant. 7 innocent. 19 imprisoned. |
| 6 |
Qena Cell
Murder of General Ghara and others |
11- Anwar Hamed Abbas
12- Ahmed Abdulwahab Khalil
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31/10/1996 |
32 defendants. 5 died in clashes with the police. 19 imprisoned. 7 innocents. |
| 7 |
Assuit Cell
Murder of Gen. Al Shemy and others |
13- Mustafa Eesa
14- Alnomery Ramadan
15- Adel Abdulghany
16- Abdulhamed Abuaqrab
17- Munir Abdulhafez
|
6/1/1997 |
32 defendant. Imprisonment for 5. 19 defendant, 7 innocents, dismissal for one because of death |
| 8 |
Tama Cell
Attacking a police department |
18- Mohamed Fawzy Abdulazem
19- Mahmoud Mustafa Soliman
|
1/12/1997 |
4 defendants. Life imprisonment for 2 who were initially dismissed as innocent |
| 9- |
Assassinations |
20- Hassan Khalifa Othman
21- Refaat Zedan—Fugitive
22- Abdulhamed Othman—Fugitive
|
1/12/1998 |
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Table (3)
Cases filed at the Military Judiciary since 1992 and death sentences issued in them
| S |
Organization |
No. of Cases |
No. of accused |
sentences |
| 1 |
Jehad |
10 |
479 |
37 |
| 2 |
Islamic Group |
17 |
404 |
51 |
| 3 |
Al Shawkeyoun |
1 |
32 |
4 |
| 4 |
Muslim Brothers |
6 |
140 |
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Beside 9 defendants in the Egyptian Museum case, in which 2 were sentenced to death, 6 were imprisoned, and 1 was dismissed as innocent. Beside "Al Mawoed" organization case, in which defendants were 94.
1992
S |
Case |
Date of sentence |
No. of accused |
sentences |
| 1 |
Returnees from Afghanistan 24/2/1992 |
December 1992 |
26 |
8, five of which are fugitives |
| 2 |
Al Jehad 1992/23 |
December 1992 |
22 |
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1993
S |
Case |
Date of sentence |
No. of accused |
Sentences |
| 1 |
Murder of Officer Ali Al Khatir |
February 1993 |
1 |
1 |
| 2 |
Al Seyaha Party 1993/6 |
April 1993 |
49 |
7 |
| 3 |
Minister of Mass Media |
May 1993 |
14 |
7 among them is a fugitive |
| 4 |
Al Shawkeyoun
1993/13 |
August 1993 |
32 |
4 among them is a fugitive |
| 5 |
Zeinhoum
1993/19 |
September 1993 |
8 |
2 |
| 6 |
The 19 Organization 1993/20 |
October 1993 |
19 |
2 |
| 7 |
Talae Al Fath 1993/8 (1) |
October 1993 |
55 |
8 among them are 2 fugitives |
| 8 |
Talae Al Fath (2) |
October 1993 |
47 |
|
| 9 |
Talae Al Fath 1993/23 (3) |
October 1993 |
33 |
1 |
| 10 |
Talae Al fath 1993/24 (4) |
October 1993 |
54 |
- |
1994
S |
Case |
Date of sentence |
No. of accused |
Death sentences |
| 1 |
Sedy Barany 1994/1 |
February 1994 |
6 |
3 |
| 2 |
Prime Minister 1994/2 |
March 1994 |
15 |
9 among which are 3 fugitives |
| 3 |
Minister of Interior 1994/10 |
July 1994 |
17 |
5 |
| 4 |
Mahmoudeya 1994/19 |
August 1994 |
11 |
2, one of them is a fugitive |
| 5 |
Hurgada 1994/23 |
December 1994 |
16 |
2 |
1995
S |
Case |
Date of sentence |
No. of accused |
Death sentences |
| 1 |
Naguib Mahfouz 1994/24 |
January 1995 |
16 |
2 |
| 2 |
Jehad 1995/5 |
May 1995 |
42 |
2 |
| 3 |
Muslim Brothers 1995/8 |
November 1995 |
49 |
- |
| 4 |
Muslim Brothers 1995/11 |
November 1995 |
33 |
- |
| 5 |
Muslim Brothers 1995/13 |
November 1995 |
3 |
- |
| 6 |
Returnees from Sudan 1995/12 |
November 1995 |
24 |
6 |
1997
S |
Case |
Date of sentence |
No. of accused |
Death sentences |
| 1 |
Magda Cinema, Marwa Helwan 1997/28 |
January 1997 |
19 |
4 |
| 2 |
Banks Explosions 1997/56 |
September 1997 |
98 |
4 |
| 3 |
Khan Al Khallili 1997/60 |
October 1997 |
87 |
3 |
| 4 |
Egyptian Museum 1997/65 |
October 1997 |
9 |
2 |
1998
1 |
Abu Rawash Cell 1998/59 |
February 1998 |
65 |
2 |
1999
1 |
Returnees from Albania 1998/6 |
April 1999 |
107 |
9 |
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