Others (on behalf of Saro-Wiwa) v Nigeria80 and in Malawi African Association and Others v Mauritania, they argue that, where the death penalty is unlawfully imposed, Article 4 is violated because the victims‟ rights under Article 7 of the Charter had been denied. 144. The Complainants submit that „a higher threshold of rights is intended for those who are charged with crimes the sentence of which might be the death penalty‟81, which explains the need for “scrupulous respect of the guarantees of fair trial” in capital offence cases. 82 It is submitted that the Respondent State in a statement to the UN General Assembly in 2007 recognized the critical nature of respect for due process rights in capital offence cases.83 145. It is contended by the Complainants that the imposition of the death sentence by the Supreme State Security Emergency Court in the particular circumstances of this case would amount to an arbitrary deprivation of life. The Respondent State’s Submissions on the Merits 146. Concerning the alleged violation of Article 5, the Respondent State submits that Article 42 of the Constitution of Egypt provides for and guarantees the right to security of the person and that if a confession is proved to have been made by a person under duress or coercion, it shall be considered invalid and futile. It is further submitted by the Respondent State that Article 57 of the same Constitution provides that “any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a 80 81 See Communication 137/94, 139/94, 154/96 and 161/97 Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project v. Nigeria (above, n. para. 34 (citing Constitutional Rights Project v. Nigeria (Comm. nos 10/91 and 87/93). 82 Human Rights Committee, General Comment No. 32, para. 59. 83 See Official Records of the General Assembly, Sixty-second session; Summary Record of the 76th Plenary Meeting, 18 December 2007; UN doc. A/62/PV.76, at p. 24. 42