222.
The importance of appeal rights is also reflected in the Commission‟s
jurisprudence. In Law Office of Ghazi Suleiman v. Sudan, the Commission held
that “the fact that the decisions of the military Court [was] not subject to
appeal […] constitute[d] a de jure procedural irregularity.”139 Concerning the
right to appeal in death penalty cases, the Commission found that “the
foreclosure of any avenue of appeal to competent national organs in a
criminal case attracting punishment as severe as the death penalty clearly
violates [Article 7(1)(a) of the Charter].”140
223.
By denying the victims the right to appeal the decision of the Supreme
State Security Emergency Court, the Arab Republic of Egypt has violated
Article 7(1) (a) of the African Charter. It should be noted that the imposition
of the death penalty is not per se unlawful under the Charter or broader
international human rights law.
224.
The African Commission therefore concludes that the victims‟ rights
under Article 7 (a), (b and (c) of the African Charter including their right to
appeal, were violated.
225.
The African Commission will now analyse the submissions of the
parties on article 4 of the Charter.
226.
The Complainants aver that the imposition of the death penalty on the
victims by a court, whose composition is illegal and unconstitutional, such as
the Supreme State Security Emergency Court, violates the victims‟ right to life
and would amount to an arbitrary deprivation of life.
227.
The Respondent State argues that trial as well as procedures adopted in
this case satisfied the requirement of fair trail as guaranteed by international
139
Law Office of Ghazi Suleiman v. Sudan (Comm. nos. 222/98 and 229/99), at para. 53; see also para. 65.
140
Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project v. Nigeria (Comm. No.
218/98), para. 33. See also ibid., para. 34.
69
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