under duress or coercion, it would be considered as invalid. But this does not
prevent the court from taking other evidences to prove the accusation.
151. It is argued by the Respondent State that the court judgment against the
victims took into consideration all the circumstances related to the facts
according to the satisfaction of the court based upon the processes in the case,
the investigations, the court sessions and the related hearings of witnesses
and the written and verbal pleadings of the defence in order to clarify the
facts, the elements of the crime and the provisions of the law applicable
thereon. The Respondent State argues that the court considered, scrutinized
and analyzed all the evidences of the subject matter of the complaint
including the related medical and technical reports and the public
prosecution investigations to reach the facts upon which its judgment was
established.
152. It is further contended by the Respondent State that the court responded to
all the pleas of the defence during the trial including the plea of the invalidity
of the confessions, and that the court was satisfied that the confessions of the
victims and the other accused persons during the investigation were made by
persons who have the will and the discernment and are fully aware of the
charges against them.
153. The Respondent State submits that when the accused persons first appeared
before the public prosecutor they were free from any injuries. They further
submit that the court was certain that the victims were fully aware that the
investigations were made by the Public Prosecution Office (PPO) and that the
PPO had informed them of the charges against them. The Respondent State
also stated that „the Office of the Public Prosecutor in carrying out its
investigations, interrogated the accused, Mohamed Gaiz Sabah in four
sessions, Osama Abdel Ghani El-Nakhlawi in eight sessions and Mohamed
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