Egypt defies African Commission and executes detainees

Egyptian authorities executed five detainees on Tuesday despite the African Commission of Peoples and Human Rights (the African Commission) requesting Egypt suspend the sentences pending its investigation into their lawfulness.

The African Commission is Africa’s highest Human Rights body and constituted by the African Charter. It is mandated to carry out tasks for the African Union’s Assembly of Heads of State and Government and one if its primary functions to protect human and people’s rights.

The African Commission issued interim measures following a Complaint submitted by the Egyptian Freedom & Justice Party (FJP) on behalf of detainees who had their death sentences confirmed and are without further rights of appeal. The Complaint alleges that the sentences had been imposed following a legal process falling far below the standard expected in international and Egyptian law. It detailed serious evidential and procedural flaws including the obtaining of confessions through torture and the denial of access to lawyers.

On 29th November 2017, the African Commission notified President Abdel Fatteh el-Sisi of the suspension request in a letter. The Commission informed the Egyptian President that it had seized the FJP Complaint and had registered it as a formal Communication.  The letter set out the Commission’s intention to fully investigate the allegations made in the Complaint and asked the Egyptian government to provide its report on the implementation of the suspension within 15 days of the letter. Despite this, the Egyptian authorities carried out the executions.

Read: Four executed in Egypt for 2015 stadium bombing

The executions of the men came days after Egyptian authorities executed 15 detainees who had been convicted of attacking a police station in the Sinai. It is reported that, the largest mass execution in Egypt since 2005, took place before the relevant appeals process had concluded.

Lawyers acting on behalf of the FJP wrote on Tuesday to the African Commission asking it to take immediate action and refer the matter for emergency consideration by the African Union’s Assembly of Heads of State.

Tayab Ali, Partner at ITN Solicitors said:

“The Egyptian authorities are demonstrating a worrying trend towards arbitrary convictions and executions. It is well known that the following the coup Egypt detained thousands of political prisoners, who were   subjected  to trials which fell well below the standards of fairness expected in  Egyptian and international law. Many have been sentenced to death. Despite requests from the African Commission, the Egyptian authorities have executed men whose convictions cannot be considered to be safe. Egypt should not be allowed to execute prisoners without proper due process. The African Union Assembly of Heads of State should live up to its duty under the African Charter and immediately take action to prevent any further executions in Egypt”.