charged with unlawfully communicating with a foreign country with the intention of
damaging the country's military, political and diplomatic status and its national interest
in exchange for receiving money from
the State of Qatar (Qatar espionage case). The
accusations also allegedly included the possession of reports and documents relevant to
issues of national security and membership of an unlawful group.
14. The
Complainant avers
that the
evidence
relied
on
by
the Court was
mainly
secret
investigations by national security, eyewitness testimony which lacked any supporting
evidence, and the confessions of some of the Victims, which they later withdrew on the
basis that they were obtained under torture. The Complainant alleges that this torture
included
submersion
for
long
periods
in freezing cold
water,
electric
shocks,
being
chained to a metal bedframe upside down and chained in restrictive positions for long
periods and whipping. The Complainant alleges that as a result of the t
Victims had fractured ribs and damaged nerves. The Complainant fur
rture some of the
er avers that the
Victims' lawyers were not giv.en a chance to present their defence, and that ·the Court
added new charges which had not been investigated by the prosecutors and on which
the Victims were never interrogated.
15. The Complainant submits
that
there
is no
further right of appeal from the Court of
Cassation or the Supreme Military Court of Appeals.
Articles alleged to have been violated
16. The Complainant alleges violation of Articles 4, 6 and 7 of the African Charter.
Prayers
17. The Complainant requests the African Commission on Human and Peoples' Rights (the
African Commission) to:
(a)
Issue provisional
measures
to direct the Egyptian authorities to suspend the
death sentences while the proceedings before the Commission are being held,
also
that
such
directions
should
be
extended
to
the
four
who
have
been
sentenced in absentia, on the basis that they may be produced;
(b) Make a finding that Egypt has violated Articles 4, 6, and 7 of the African Charter
in its conduct of the trials and the imposition of the death penalty against the 20
defendants;
(c)
Procedure
Make a decision for the Respondent State to set aside the death sentences and