were tortured during interrogations in order to obtain confessions. The Complainant
further alleges that the torture included anal rape with a wooden stick, electric shocks,
burning with cigarette butts, suspension in stress positions for days and threats that their
mothers and sisters would be raped. The Complainant states that the six Victims later
retracted their confessions on the basis that it was obtained under torture and that this
led to further torture by the National Security Agency (NSA).
6.
The Complainant avers that there were also flaws in the manner in which the trial was
conducted, including the validity of the evidence produced in Court and the testimony
of alleged eyewitnesses. In this regard, the case rested primarily on the Victims' recanted
confessions, the Court ignored forensic evidence related to the alleged torture, the rifle
produced by the prosecution as the murder weapon did not match the bullets found in
the victim, there were a number of discrepancies between the evidence produced and the
witness' testimonies, and the main defendant provided evidence that at the'time he had
undergone surgery which rendered him completely unable to hold a gun.
7.
The Complaint further avers
that the Court applied
appeal system which gives it the discretion not to he
abolishes a previous two-stage ap
could refer cases back
recent legal amendments
to the
r any defence witnesses and which
ea! process, through which the Court of Cessation
to the Criminal Court. or retrial. The abolition means that all
judgements of the Court of Cassation are final and l:iinding, and the Complainant alleges
that
this
makes
it
easier
for
the
Court
to
impose
death
sentences
without effective
challenge. Given these amendments, the Complainant avers that it is unlikely that the
appeal submitted by the six Victims on 15 June 2017 on the basis of procedural flaws in
the trial will be granted. The Victims are allegedly still detained at various locations, held
in appalling conditions and
8.
enied medical care and family visits.
The second case relates to the upholding on 19 June 2017 by the Supreme Military Court
of Appeals, the highest military court of appeal, of the death sentence verdict of seven
Victims
(of which
three were sentenced in absentia)
implicated in the Kafr Al Sheikh
stadium bombing which took place in April 2015 in which a room next to the stadium
exploded,
leaving
seven
dead
and
three
injured
(the
Kafr
Al
Sheikh
case).
The
Complainant states that this case falls under the jurisdiction of the military courts since
the passing of a new law which expands the jurisdiction of military courts to all electricity
networks,
road
and
bridge networks
property, amongst others.
9.
as
well
as
other
buildings,
utilities
and
public