norms and standard. They stated that the trials were carried out in public and
in accordance with the assurances provided by the law. They also state that
the victims were represented by lawyers of their choice during trial.
228.
Article 4 of the African Charter provides that „human beings are
inviolable. Every human being shall be entitled to respect for his life and the
integrity of his person. No one shall be arbitrary deprived of this right‟.
229.
The victims were charged, inter alia, under Article 86 b (ii) and (iii) of
the Egyptian Penal Code. This law provides that the punishment for the
crimes specified in those provisions is death penalty where “the action of the
offender leads to the death of the victim of the crime” 141 or “the crime which
occurred was the object of the efforts or intelligence /contacts or involvement
in committing it.”142
230.
The above law imposes a penalty on a particular crime in specified
circumstances but did not provide an avenue for a competent judiciary to
evaluate the appropriate penalty, in light of all of the circumstances of the
case. The penalty is effectively mandated by law for certain categories of
offences, with the President empowered to decide not to apply that sentence
if he so decides. This is at odds with the requirements of right to life, as
reflected in international legal practice.
231.
The African Commission in the case of International Pen and Others (on
behalf of Saro-Wiwa) v Nigeria143 took the view that the execution and
implementation of a death sentence emanating from a trial which did not
conform to Article 7 of the African Charter will amount to an arbitrary
deprivation of life. Having held that the trial of the applicants offended
141
Article 86 b(ii)(iii) of the Penal Code added by Law No. 97 of 1992 on Counter-terrorism).
142
Ibid.
143
Communication 137/94, 139/94, 154/96 and 161/97, para. 103
70
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