Article 7 of the African Charter, it follows that any implementation of the
death sentence imposed on the applicants by the Supreme State Security
Emergency courts will therefore amount to an arbitrary deprivation of life.
232.
However after careful consideration of Articles 7 and 26 and the wordings of
article 4, the African Commission is of the view that article 4 of the Charter has
not been violated. The victims are still under the custody of the Respondent
State, through a process that denied them due process and are not yet executed.
233. For these reasons, the African Commission holds as follows:
(a) That the Respondent State – Republic of Egypt has violated the
provisions of Articles 5, 7 (1) (a), (d) and 26 of the African Charter;
(b) that there has been no violation of Article 4 of the African Charter;
The African Commission therefore calls on the Respondent State;
I.
II.
Not to implement the death sentences;
Calls on the Respondent State to adequately compensate the
victims in line with international standard;
III.
Reform the composition of the State Security Emergency Courts
and ensure their independence;
IV.
Take measures to ensure that its law enforcement organs
particularly the police respect the rights of suspects detained in
line with article 5 of the Charter;
V.
Calls on the Respondent State to harmonize the State Security
Emergency Laws with a view to bringing it in conformity with the
Charter and other international legislations and regional norms
and standards
VI.
VII.
Calls on the Respondent State to release the victims;
Calls on the Respondent State to submit the African Commission
within 180 days from the date of receipt of this decision (in line
71
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