51. The
Complainant
submits
that
"the
unjust
trial
practices
are
symptomatic
of
the
repressive actions against all legitimate opposition in Egypt; conduct which is in violation
of the African Charter and international human rights law." The Complainant further
submits
that
freedom
of
speech
and
assembly
have
been
heavily
restricted
and
organizations opposed to the military regime, primarily the Muslim Brotherhood, was
banned
and
labelled
a
'terrorist'
organization
in
December
2013.
The
Complainant
submits that several of the individual named in this Communication have been, or were
thought to be members of the Muslim Brotherhood.
52. The Complainant states that the systemic violations have facilitated and aided the courts
to conduct proceedings which ignore all basic fair trial considerations and serve as a
means of sentencing opponents of the State to death or long terms in the absence of
evidence. The Complainants submits that this should all be taken into account when
making a determination on the admissibility and merits of this Communication.
Submissions by the Respondent State on locus standi
53. The Respondent State in a Note Verbale of 18 December 2017 raised challenges as to the
locus standi of the Complainant, stating that it does not have any eligible status to present
a Communication to the Commission for the following reasons:
Justice
Party
(the
Complainant)
has
Administrative Court on 8/4/2014
1977
regulatin
the
operation
of
been
dissolved
by
a
(1) the Freedom and
sentence
of
the
Supreme
ue to its violation of Article 4 of Rule 40 issued in
p o i ical
parties
in
the
Respondent
State;
(2)
the
Complainant is a political entity established{>y the Muslim Brotherhood, which had been
declared
a terrorist
organization
by, a ruling
of the
North
Cairo Criminal Court on
1/ 6/2017; and (3) the Communication is brought by a political party, whereas political
parties are not included in the Rules of the Procedure of the Commission under Rule 63
(1) which lists the institutions which may request for a matter to be included in the agenda
of the Ordinary Session of the Commission. The Respondent State further elected against
submitting on Admissibility on the basis that the Complainant lacks locus standi.
Additional submissions by the Complainant on the submissions by the Respondent State
54. Following
the
challenge
raised
by
the
Respondent
State
on
the
locus
standi
of
the
Complainant, set out in paragraph 20 above, the Commission requested the Complainant
to submit arguments in this regard.
55. In response to the submission by the Respondent State that the Complainant has been
dissolved by the Supreme Administrative Court and is a political entity establish��
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