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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