in the absence of certain procedural guarantees against such abuse, for
example during incommunicado detention, it should not be admitted as
evidence.
219.
The victims in this case all raised allegations of torture and ill-
treatment. These allegations are at least consistent with the circumstances of
their case, such as the incommunicado nature of their detention and the
reports of the FMA which, at a minimum, indicate a risk of ill-treatment.
Despite these concerns, the “confessions” were admitted as evidence and
appear to have formed at least part of the basis of their convictions and the
imposition of the death penalty. The reliance on such evidence violates
Article 7 of the Charter.
220.
The African Commission will now briefly address the matter of appeal.
In this regard, the African Commission notes that article 12 of the Egyptian
Emergency Law stipulates that “It is not allowed in any form to appeal the
decisions pronounced by State Security Courts.” This law, and its application
in practice, violate Article 7(1)(a) of the Charter, which provides for “the right
to an appeal to competent national organs against acts violating the
fundamental rights as recognised and guaranteed by conventions, laws,
regulations and customs in force.”
221.
According to the Commission‟s Principles and Guidelines on Fair Trial,
the right to appeal should be guaranteed in all States Parties and should
provide “a genuine and timely review of the case, including the facts and the
law”.137 The Commission has noted that States Parties should take steps to
make appeals mandatory in death penalty cases, confirming the heightened
importance of fair trial guarantees where life is at stake.138
137
See Principles and Guidelines on Fair Trial , Section N(10)(a)(1).
138
Ibid.
68
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