Arab Penal Reform Organization
Summary of Study: Death penalty in Egypt Theoretical and practical study in the light of Islamic Shariah and international human rights law
Written by: Dr. Mohamed Al Ghamry Lawyer and expert in human rights field Summary This study addresses the subject of the "death Penalty in Egypt", which is an applied theoretical study done in light of the principles of the Islamic law and provisions concerning international human rights law. Egyptian Penal Code No. 58/1937 is the modern penal code that still retains the death penalty in spite of its cruelty and strictness and impossibility of reforming its results or amending them. The laws governing the death penalty in Egypt are considered one of the most deterrent penalties at all levels, general and private, that ensures combating crimes and preserving the interests of society, as well as ensuring stability in spite of the presence of an increasing international inclination led by the United Nations and some international NGOs headed by Amnesty International to abolish the Death Penalty given the difficulty to reconcile between this penalty and obligation to respecting human rights.
There is no doubt that the intention to study the legislative system of the death penalty in Egypt, with the purpose of the determination of legality of this penalty and the demonstration of the feasibility of its application for society, is difficult without identifying all the roles and functions caused by the death penalty over successive legal ages in Egypt. When the criminal legislator passes new laws that address crimes in Egypt, in his appreciation, to achieve deterrence and for the purpose of combating crime, the legislator does nothing new in society. The work of the legislature work is a product of an interaction between the proposed legislative articles to solve the realistic problems from which society suffers in a historical moment on the one hand, and the cultural, social, religious, legal and political heritage coming to our society from abroad, may play a key role in the determination of the content of the proposed legislative text in the context of the mutual influence between cultures. In this context, this study begins by an introductory chapter entitled "The Historical Origins of the Death Penalty in Egypt" in which we tried to pin the Egyptian penal legislation to its origin by studying the position of death penalty and its evolution in society. By identifying the historical origin of the Death Penalty in Egypt, we then present an objective view on the future of death penalty in Egypt between retention and abolition. The great legal ages of Egypt can be divided into five ages: 1. The Pharaonic age: beginning from 3200 BC and ending with Greek subjugation of Egypt in 332 BC, which is the date of the establishment of the Ptolemaic 2. The Ptolemaic Age: starts with the subjection of Egypt to the governance of Greece on 332 BC and ends with Romani governance in 31 BC 3. The Roman Era; begins by the advent of Roman law in Egypt on 31 BC and ends by the evacuation in 641 at the hand of Muslim Arabs 4. The Islamic Era; began in 641 till the issuance of civil legalizations in the late 19th century 5. The Modern Era: began with the first emergence of penal legalizations in the era of Mohamed Ali with the purpose for the protection of the seeds of the Egyptian renaissance, extending to the issuance of the current penal code No. 58/1937 including the continuous developments targeting the conformity of the changing conditions in Egyptian society lives.
Firstly, the study will begin with the historical overview of Egyptian law in general, and the death penalty in particular. Recognition and application of various ages during the successive legal to Egypt, despite the multiplicity and diversity of those times, are very different to determine where the source of the death penalty, particularly in the philosophic and objectives of the substantive scope of application and the forms of implementation and guarantees surrounding the implementation of this procedure. The comparative study of those times, and the statement of its position on the death penalty, it is noted that the substantive scope of crimes punishable by death in Islamic law was narrower than the Pharaonic and modern ages, where the issuance of the death penalty was not to exceed three (3) crimes: the fortified
2 banditry, adultery, and the crime of murder. In the Pharaonic criminal legislation, the death penalty was issued for twenty (2) different crimes, and increased the number of crimes punishable by death in the current Penal Code No. 58 of 1937 in the special criminal legislation, namely: the Law on Narcotic Drugs, Arms and Ammunition Act, and Martial Law.
The base of death penalty, its objectives, kinds and areas of application in the Pharaonic era
Death penalty source Types of application Scale of death penalty and its objectives 1. Punishment source: • hazing: by killing the First: crime of aggressions on the * religious mythical convicted to death by the King: the conspiracy to the King, the * God is the King insertion of hazing in the prisoners of war, espionage, harboring legislator anus. criminals and conceal them 2. Objectives of the • dumping: the dumping Second: the crime of aggression on punishment of the body of the the religion, namely: the violation of * life objectives: the convicted person is alive the sanctity of graves, attack the impunity of the or after death in the Nile property of the temples, a sacred offender in accordance crocodiles to eat. animal was killed intentionally. with the law "ideals." • Odhir cremation ashes: Third: the crime of aggression to And that the even the body of the justice, which are: perjury, that the punishment for the offender are being crime was reported, perjury, false crime must be similar exterminated, and communication, bribing judges and to the crime in quantity deprived of the entry of deviating from justice. and quality. the offender. Fourth: The crimes of abuse of public * other life objectives: • cut off the head: the funds: to hide the fact the employee to deprive the offender body then to deny the income of divine vengeance in extermination of the Fifth: offenses against individual Paradise and that the offender from entering people, namely: murder, killing a son extermination of the heaven. of his parents, and the death of the body patient, doctor error, not to help the person murdered, adultery, kidnapping as murder, rape
The basis of the death penalty objectives, forms and scope of the Islamic era
Scale of death penalty Types of Death penalty Death penalty application objectives source First: the crimes of the 1. Stone: death by * Comeuppance border: stoning the married equally: between Punishments set 1. "Weight fortified" adulterer is the one the offense and the by God, which 2. "Banditry", which is by putting it into a penalty imposed are: adultery linked to the hole, and people (look to the past) fortified banditry, intimidation by threw him stoned to theft and slander. killing people and death. * Prevention: assessed penalties looting the money. 2. Cut the neck prevention of in retaliation 3. The crimes of sword: in the crime crime again or from the "prostitute" and and banditry, crimes reduce the function * street right of "apostasy" in the to justice, and other of deterrence (look Abdul, who may words of some crimes that punitive to the future) accept
3 scholars. parents decide to * Reform: An compensation or III: Crimes of justice: have the death example of such a pardon, and the 4. Murder penalty doubled last provision to send crimes to justice, Third: imposed at the year's toll. the perpetrator of are crimes of ruler's crimes: 3. Cut off the neck the crime of aggression and Scholars have pointed to with the steel: the robbery, which is self-restraint some imposed at the crime of banditry, not allowed to without ruler's crimes in which which is linked to the return home only imposed at the death penalty, commission of the after the good state * the ruler's namely: crime of killing discouraged by 5. Making a habit of people and the heart the crimes of the practicing homosexuality, of their money. street and the punishment of 6th Sharp alcohol in the the ability of fourth, parents as the 7th Proposal to the Grand people's interests Sheikh of Al-corruption in the land, 8th Muslim spy
The study shows at the end of the introductory chapter to the evolution of the position of the criminal law of Egypt from the death penalty was not an anomaly on the evolution of the overall context of the position of the rest of human societies from the introduction of the sentence. It was the most prominent of the death penalty sanctions in primitive societies, which many in the excessive use due to severe cruelty, which has played an active role in bringing security and stability. The death penalty has been retained in the intense punitive deterrence of public and private until the end of the seventeenth century. It was behind the punishment of many thinkers, such as the French philosopher "Jean-Jacques Rousseau," the Italian thinker "Becaria." However, since the beginning of the eighteenth century, and under the affected schools of Social Defense, the intellectuals and philosophers in Europe, strongly critical of the death penalty and calling to cancel, due to confusion of systems of criminal prosecution of the time, and the spread of tyranny and political control, leading to excessive use of the death penalty, particularly against the opposition politics. Resulting in criminal jurisprudence, one of two opposing supporter of the death penalty and the other exhibitions and calls for the cancellation, and is supported by a trend supported by the international covenants on human rights to the emphasis on the death penalty should be brought to adequate safeguards in the countries which have maintained, in accordance with the approach is to urge States to repeal.
* * * * Chapter I: In the light of the foregoing chapter we have first to study the "problem of the death penalty in the legislation and the attitude of the modern international human rights law, the death penalty" and that in four consecutive Investigation. We have "the first topic," to review the main features of the status of doctrinal debate on the punishment at the international level, where the split of international criminal jurisprudence, since the beginning of the eighteenth century to be divided between the two main supporters and opponents of the death penalty, and each of their current arguments and its evidences diverse theoretical and practical. All of these arguments and evidence related to the legitimacy of the death penalty, and the risk of its application, and the feasibility and utility of this punishment, and the appropriateness and fairness. 1. Controversy over the legitimacy of the death penalty: go where the tide of support for the retention of the punishment of the supporters of "traditional school" to say that
4 the legitimacy of the sanctions in general are based on the theory of "social contract", built by the French intellectual, "Jean-Jacques Rousseau." Was based on "Becaria" in the book "for the crimes and penalties," in 1767 the idea of "social contract" as a State's right to punishment; individuals to the authority of the State waived their right to defend themselves and their money, and therefore the authority of the State is not just a sum of only those and all the rights that I do not remain within the limits of its authority. Thus, the punishment in that case is a breach of the social contract and the denial to him. So called "Jean-Jacques Rousseau," to retain the death penalty Each individual under its accession to the social contract has been declared to accept integration into the group and the highest authority in the community maintenance of the right to life, if attacked by the individual himself to the community in the form of the murder, before his execution in advance. While the "borrowed Becaria" from the scope of the death penalty by limiting their application in the circumstances of the political strife and unrest, which requires maximum penalties for the establishment of the system. In view of the criticism of the views of the theory of social contract as the State's right to punishment, which is the basis for my default and not supported by historical evidence or fact, the jurist for "Jesus" in his book on "the death penalty for political crimes" (1822) and "Joe furry" in the author on the natural law (1830) to search for the philosophical basis of the latest build the foundations for the new school, and found that the idea of "absolute justice" advocated by the German thinker, "was" and considered that absolute justice is the basis of a State's right to punishment, not beneficial, according to the school traditional.
Despite the differences in "school mode" with the school's traditional right to determine the basis of punishment in the State in identifying the goals and functions of punishment in the adoption of measures (precautionary measurements defense and security) method in the fight against serious crime, but the school in the classification of the security measures and the defense emphasized the diversity of these measures Latest from the offender to the offender, which requires an examination of a comprehensive study of the physical, psychological and social development. When some of the criminals have not only succeeded eradicative measures as death or removal of life and, as others have failed remedial measures Kaliidaa in a psychiatric clinic or mental, or social measures such as prohibiting succeed in a particular place of residence or prevention of a particular profession.
The current opposition to the death penalty, which includes supporters of school, "social defense" has had an impact of consolidation of power in favor of the abolition of the death penalty because they have no legitimate basis supporting it. As Gramateka began his writing "the proposed principles of criminal law" in 1934 to demolish the foundations of traditional criminal law related to crime and criminal responsibility, which overlooked a criminal himself, and called for the repeal of the Penal Code and established the law of social defense, replacing the crime as "social deviance" and the offender, rather than replace by "a person who is not socially adapted" and to replace the punishment of some measures of social defense. According to the logic of "Gramateka" becomes the ultimate objective of the criminal penalty is the reform of the corruption and social re-adjustment in preparation for the return of the offender to the deviant group of natural life. This requires the introduction of various measures and degrees, depending on composition and psychological situation of the actor non-adapted socially. And then abandoned the school principle "that the penalty for each crime," and embraced a new doctrine is that "every person who is not a suitable measure of socially adapted." It is natural that the death penalty is contrary to the College with the goal of the ultimate criminal sanction reform.
Because of the severe criticism directed to the theory of "Gramateka", the jurist "Mark Ancell," in his "new social defense" correct the course of a school social defense and re-
5 constructed on three pillars of a new philosophy: to maintain the traditional concepts of criminal law, interest in the person of the offender, a humanitarian nature of the criminal penalty. Has kept the "Mark Ancell," the idea of a criminal sanction and punishment, both measures, however, stressed that the criminal sanction in accordance with social aims to protect the community by way of social, therapeutic and educational for the perpetrator, to prevent him and the incidence of crime in the future and ensure the rehabilitation of the offender, All of this in the context of traditional concepts of criminal law. When the criminal sanction, "Mark Ancell," and his supporters is applied to this humanitarian objective, namely the rehabilitation of the offender and the lack of left descending paths of crime, away from the philosophical ideas relating to the fairness of the penalty. The thought of a criminal sanction when the trend is humanitarian in nature, based on respect and to ensure individual freedom. This is clearly reflected in the rejection of Mark Ancell and supporters of the measures of indefinite duration, and rejection of the measures prior to the crime or of preventive measures, as well as a total rejection of its declaration of the death penalty is incompatible with human values and respect for human rights.
2. Controversy in terms of application of the death penalty: it criticizes the current opposition to the death penalty as punishment for the eradication of the nature of irreversible or elimination of their consequences. If implemented, the impossible return and rehabilitation of the potential errors in the judicial ruling. The conviction of an innocent is still possible, and sentenced to the death penalty's going to hurt the justice, and makes the public conscience in the community is not burdened by the guilt of an indelible mark on the execution of innocent people. Such criticism of the main criticisms that have been made to this sentence and case law in all countries of the world filled with many examples of judicial errors led to the death sentences against innocent people. However, the "pro-death penalty" that respond to all legislation that retain the punishment that is surrounded by many of the safeguards that prevent or prevent falling into the wrong jurisdiction. Moreover, this error can be done on the deprivation of freedom, but for all the positive sanctions, would call for the cancellation of all of these sanctions?!. As life can not compensate human freedom can not be compensated as well.
3. Controversy in terms of the usefulness of the death penalty: In accordance with the logic of proponents of school social defense, the death penalty is not feasible nor useful, both for the individual or for society. This sentence can not be achieved by means of reform and rehabilitation as the ultimate goal of criminal punishment, but revenge is to be the ultimate goal of this sentence. As well as statistics have proven that crime rates have not decreased in the communities in which they still take this punishment, and did not increase the proportion of crime in the countries that are abolitionist, which denies its usefulness for society as a whole. Study has indicated the interest of the United Nations in 1988 and was updated in 2002, in a review of the evidence on the relationship between changes in the use of the death penalty and homicide rates that: "The fact remains that the statistics refer to the same direction provided convincing evidence that there was no need because of the fear of sudden and serious changes in the curve of crime if it reduced its reliance on the death penalty"). In a similar way, the statistics available for the crimes that took place in the countries have abolished the death penalty, did not provide clear evidence of any adverse effects resulting from the cancellation. In Egypt, d go. Mr. Aweys, in a place of excellence in the refusal of the death penalty by saying that: "The argument of those who advocate the death penalty as the offender deserves punishment for murder, and that it included not deter others tempted to commit them. However, we note that the death penalty has failed to protect the public from crimes committed by criminals, which also failed to prevent
6 the killings, which also failed in the rehabilitation of the murderer, who has already been executed ".
However, the trend in favor of retaining the death penalty is on the above mentioned three main arguments: the miracle of deterrence and retribution. Deterrence factor is the main justification for the use of the death penalty, where the maximum restraining and terrorism in the fear of self-deprivation of the right to life, and therefore the most efficient means to achieve the objectives of the State, and the maintenance of social order. This trend is based on some studies that have shown the existence of a clear deterrent effect of the death penalty, including a study conducted by the U.S. economy, called "Isaac Arlij" and used a statistical method known as a "regression analysis" to examine the potential impact of executions and other variables in the murders in the U.S. the entire United States in the period between 1932-1970 during the period, particularly in the sixties, the number of murders, while the number of executions. In an article published in 1975 concluded "Arlij" He considered that the existence of effective deterrent to the death penalty, and stated that the implementation of the execution of each additional year of the study period might have resulted in a decrease in the number of murders at a seven or eight crimes. It also refers to the trend in favor of this punishment the miraculous nature of the argument by saying that the punishment not only to sign the most notorious criminals who are found by their criminal incapacity to reform, and therefore the execution of these criminals is the only guarantee to ensure that there Tkarhm of the crime. Moreover, the punishment for such a huge effect on the achievement of general deterrence. Nowhere is this better than the States, which had been abolished had been forced to approve a second time, but from time to time and under the influence of some of the incidents affecting the community's calls to demand the return of the death penalty. In addition to the arguments of deterrence and the Miracles, the argument stresses that it must sanction the killing of certain criminals, not to prevent crime, but to satisfy the demands of justice, death penalty is a reward for doing evil, and the murder of the criminal community will show its condemnation of the crime, this argument and persuasion rooted in the deep revulsion aroused by violent crimes public opinion, which demands and stick to it.
4. Controversy of the death penalty where appropriate: the view of the current opposition to the death penalty, the death that it was inappropriate, because they cause damage, however, limited the offender while the harm and damage to be limited for the crime to the community, which raises the proportionality between crime and punishment. And supports the logic of this trend by saying that the requirement of proportionality between the crime and the criminal penalty to ensure that the punishment is fair and verified to function in society. The burden of achieving this proportionality is the responsibility of the legislature, which put him at the penalty to take into account the quantity and quality of their compatibility with the gravity of the criminal behavior and the adverse result, as well as compatibility with the degree of criminal wrongdoing, the so-called mental element of the crime when committed with criminal conduct. And without coordination between the two (and the degree of gravity of the sin or error) can not ensure the proper and fair application of the death. And ends with the supporters of this movement to say, that the death penalty is not fair; they are included in accordance with the principle of the responsibility of the offender or the severity or extent of its damage. While the trend in favor of the death penalty as a means unique in its effectiveness and suitability for the Prevention of Crime and Punishment, so called by the school to maintain status as a valid means to achieve social defense, a very impunity. The need to save the right side of the social structure had to amputate the patient's side and eradication. That the death penalty as an effective tool to protect the public interest, some scholars went so far to compare the application of this penalty is that it is
7 beneficial, such as expropriation, which is administered by the State Assembly by the owner of the property also confirms This trend not correct to say that this lack of proportionality between punishment and the punishment of crime, that the death penalty assessed in connection with very serious crimes on society and the lives of individuals. As well as justice requires in the case of the loss of innocent spirit of revenge, for example, that the death of the offender to cause his soul. Valoruah match, and say otherwise raise the value and spirit of the same assailant as compared with their counterparts in the legal victim.
* * * * The "second topic," it is entitled "The position of the Egyptian criminal jurisprudence of the death penalty" in which we can read the views of the Egyptian criminal jurisprudence with respect to the controversy about the death penalty, it can be said that this doctrine is almost unanimous support of the retention of the death penalty in the criminal legislation of Egypt , although they differed among themselves in determining the substantive scope of crimes punishable by this sentence, and the statement in the following manner: 1. With regard to the unanimous jurisprudence of the Egyptian Penal Code to support the death penalty, it is based on two main arguments, namely: the adoption of Islamic Sharia punishment, and its role in the achievement of general and special deterrence and protection of vital interests in the community: First argument: that the abolition of the death penalty is contrary to the provisions of Islamic Shariah, which approved the death penalty and are in some border crimes and crimes of retribution, and passed some of the scholars of Islamic law in the introduction of the punishment imposed at the ruler's crimes, if necessary in order to protect the legitimate interests of the community. Second argument: that the death penalty was one of the most effective sanctions to the achievement of general deterrence to ensure the fight against crime and preserve the interests of the community and to ensure stability. 2nd And on the dispute between the scholars of the Egyptian Penal Code, pertaining to the identification of the substantive scope of crimes punishable by death, although the Egyptian doctrine to say that the nature of the death penalty eradicative dictate the need for the confinement of the scope of the most serious crimes and to eliminate checking signed in narrower limits. However, they differed in defining the scope of the most serious crimes, some restrict it to crimes of violence to life without the only political crimes, which must be an individual, especially for the punitive treatment of offenders do not include the use of the death penalty against them while the others expand the scope of crimes punishable by death to include in addition to offenses against life (murder) crimes of aggression to the security of the state.
* * * * And have "the third topic," to review "the attitude of modern criminal legislation to introduce the death penalty". Where we have made clear that as a conflict of international criminal jurisprudence on the death penalty, two behind the criminal legislation of different countries, there are about 61 countries still maintain the death penalty and used, as legislation and the Egyptian Penal Code along with the rest of the criminal legislation of many Arab and foreign countries legislation) (belief in the significance and fairness and effectiveness in the fight against crime, in addition to religious and cultural considerations, driven by, especially for Muslim countries.
There are a range of other countries affected by the principles of the current opposition to the death penalty, and decided to abolish the death penalty in the penal legislation of the final and the approximately 66 countries, such as: France, Italy, Switzerland and the other . In the United States abolished the death penalty in 15 states, including Michigan (1847), Colorado
8 (1897), and Minnesota (1911), and Alaska (1957), Hawaii (1957). There are also several countries affected by a partial power opposition to the death penalty, abolished the death penalty for ordinary crimes only.
There are also a range of states of some (18) kept the state on the death penalty in their penal legislation, the judicial bodies are reluctant to apply for many years . It is noteworthy that the Kenyan President Mwai Kibaki, had made a statement before the Commission on Human Rights of the United Nations in March 2005, he emphasized that Kenya was committed to the abolition of the death penalty, and that the authorities take steps to mitigate all death sentences to life imprisonment. As the Constitutional Court of Uganda to desist from imposing the death penalty mandatory for certain crimes.
Finally, there are a lot of national legislation which abolished the death penalty to be returned to the broadcast at a later time, for example, what happened in Italy, which annulled the legislation in 1899, returned to the legislation introduced in 1930. In view of the increasing rate of crime, as well as the Soviet Union, which abolished the death penalty in 1947, he returned and decided by the penal legislation in 1958. One of these States also, Suriname was carried out a death sentence in 1982 after the death penalty was abolished, and in the Gambia carried out in 1981 what he thinks was the first death occurred in the country since independence in 1965. There is no doubt that the controversy raised about the effectiveness of the death penalty, a significant impact on many of the legislation repeals the movement has fallen in many countries under the influence of different factors, most important at the present time the increase in drug trafficking and terrorism, and the obsession of organized violence which is threatening the security and stability of the entire international community.
* * * * In the "fourth topic," which was entitled "The penalty in light of the provisions of international human rights law," it's where we have most of the international human rights instruments to protect the individual's right to life, came in the Universal Declaration of Human Rights: "everyone has the right to life liberty and security ". As Article 6 of the International Covenant on Civil and Political Rights on the protection of this right, It is clear from the text of Article 6 of the Covenant, the human right to life is not limited to the prejudice of the authorities of the State, but also the obligation of States to prevent an assault on the part of individuals and bodies and groups, or any other, through the enactment of legislation to achieve this protection, and punishment for violation of this right.
The right to life from a range of basic human rights, but is the right ultimate ban intact in times of war or public danger which threatens the life of the nation , as provided for in most international conventions on human rights. Nevertheless, Article VI of the International Covenant on Civil and Political Rights has passed the deprivation of human life should not be subject to arbitrary. The debate took place in the formulation of this article around the idea of the abuse itself, and there were several other questions which are most important: Can the death penalty in principle? If allowed, what is the punishment of those safeguards must be taken into account?
With regard to the first question, to allow the death penalty, there is obvious that the approach of the United Nations to urge the States based on the gradual abolition of the death penalty, as the right to life is the supreme right and deserves the highest protection. In which the United Nations General Assembly in its resolution 32/61 of December 8, 1977) (the primary objective should be pursued to achieve in the field of the death penalty is the progressive reduction of the number of crimes punishable by the death penalty on the grounds that it would be desirable at the end of eventual abolition. She stressed that "the Commission on Human Rights" where it held that the right to life is the supreme right which no derogation is
9 permitted even in times of public emergency which threatens the life of the nation, according to the article 4-2 of the Covenant; and that the States Parties and that it is not obliged to abolish the death penalty completely eliminated, they were obliged to limit their use, and limited to the case of the most serious crimes. Similarly, Article 2-6 of the Covenant refers generally to abolition in terms which strongly suggest that abolition is desirable.
And lead the Organization of the United Nations and some international non-governmental organizations, notably Amnesty, a growing international trend towards abolition of the death penalty and that it is impossible to reconcile the requirements of this punishment and respect the human right to life. There are four major international treaties on human rights, adopted by the international community in recent years for the obligation of States not to apply the death penalty, namely: 1. Second Optional Protocol to the International Covenant on Civil and Political Rights, ratified by 54 countries. And eight other countries signed the Protocol to reflect the intention to become parties to it at a later date. 2. Protocol to the American Convention on Human Rights to abolish the death penalty, which has been ratified by eight countries and signed by one other State in the Americas. 3. Fri. Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), which has been ratified by 44 European countries and signed by two others. 4. Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), which has been ratified by 30 European countries and signed by 13 other countries.
The Protocol No. 6 to the European Convention on Human Rights Convention to abolish the death penalty in peacetime. And the Second Optional Protocol to the International Covenant on Civil and Political Rights and the Protocol to the American Convention on Human Rights provide for the total abolition of the death penalty, but allow states wishing to retain the death penalty in wartime exception to do so. The Protocol 13 to the European Convention on Human Rights on the complete abolition of the death penalty in all circumstances.
As for the international resolutions issued by the Organization of the United Nations with regard to its position on the death penalty, following the decision of the United Nations General Assembly on the Death Penalty No. 59 of 2005, which condemned the death penalty as a violation of human rights, especially the right to life, and called on States to abolish the "essential for the protection of this right."
In December 18, 2007 adopted the United Nations General Assembly Resolution No. 149/62 of the year 2007, which approved the call for a moratorium on executions in the world at large, as a prelude to the abolition of this punishment, which he described the decision as offensive to human dignity. The resolution was adopted by a number of 104 countries voted in favor of the resolution, voted against the resolution while 54 nations, 29 countries abstained from voting. And focused to justify the General Assembly of the United Nations for the implementation of the decision to stop the death penalty pending a final cancellation, the damage inflicted on the application of the death penalty human rights, especially the sacred right to life. According to the resolution: "The application of the death penalty affects the human dignity," and that "there is no conclusive evidence to confirm that the application of the death penalty is a deterrent to commit new crimes." He also pointed to the decision that the death penalty lead to the death of the accused, emphasizes the "lack of correction of any miscarriage of justice was too late." The resolution also urged States that is still attached to the application of the death penalty to "the need to respect international standards that guarantee the rights of persons exposed to the death penalty, and to provide information on the cases and the application of the death penalty to the Secretary-General of the Organization
10 of the United Nations, and specifically out of the crimes being applied against the perpetrators of the death penalty".
While the decision of the United Nations General Assembly No. 149/62 of the year 2007 is not legally binding, the reactions by the parties supporting him, which was a compromise appropriate and a further step towards total abolition of the death penalty in the world. The opposition considered it as an intervention in the internal affairs of the States concerned. He also welcomed the Secretary-General of the Organization of the United Nations, "Ban Kimoon," the resolution called on all countries "to proceed to the application through a commitment to a moratorium on the death penalty" .. This was considered an indication of "the way towards the final abolition of the death penalty."
The countries that opposed the resolution, many of these justifications opposition. For example, I described both China and the United States of America, the decision as: "the intervention in the internal legal affairs of States." Pena Others felt that: "an attempt by the approval of the abolition of the death penalty to impose its view on the rest of the world." The Muslim countries have tried to stand against the resolution on the basis that there is a violation of Islamic teachings, which provides impunity. He was quoted by some media, Egyptian Mufti Dr. Ali Gomaa, explained for standing with the opposition to the abolition of the death penalty based on the Quranic verse: "In life you in retaliation, O men." "Sheikh Ali Gomaa, in this context:" can not be running the perpetrators and the perpetrators of major crimes with their lives without a penalty as a deterrent and the death penalty a deterrent to criminals, although many of what is being said about futile. "
Safeguards that must be available to those facing death penalty With regard to safeguards, which must be available to those facing the death penalty in countries that retain the death penalty in its legislation, was based on Article 6 of the Covenant, the notion of "proportionality" as a criterion for the application of the death penalty, the cruelty of this punishment must be commensurate with the seriousness of the offense, where Article 2-6 provides that: "In countries which have not abolished the death penalty, sentence of the penalty kick but the most serious crimes." and Article IV of the American Convention on Human Rights within the same language."
It also provides guarantees issued by the Economic and Social Council in 1984 over who face the death penalty that the scope of the "most serious crimes" that could be punishable by death "should not go beyond intentional crimes with lethal or other extremely grave consequences." Here, the proportionality between the loss of life between the offender and the "fatal consequences, or other extremely grave consequences" resulting from the offenses for which the offender was convicted of the commission. The American Convention and the specific text to the exclusion of political crimes and related offenses from the scope of the death penalty, under which is important in light of exceptional circumstances, where the most important shift among governments and the liquidation of political opponents, and it was the "pool of international law", held in Paris in 1984 to include this guarantee in the minimum rules of human rights which may not be intact under exceptional circumstances.
Not only the safeguards adopted by the United Nations to those who face the death penalty to be considered "exceptional measure", but that there are many of the basic principles of judicial fairness to those who face the death penalty, set forth explicitly in the declarations, conventions and resolutions, most notably: 1. May not be the imposition of the death penalty on a person for an act not considered a crime at the time of occurrence, or punished in a manner which was the maximum provided for by law at the time the crime was committed. This guarantee means the inadmissibility of the application of the death penalty for acts that were not considered the time of the commission of a crime, or at the time of the commission of an offense, but punishment for them were not the death penalty, it was lighter, and
11 this guarantee is one of the direct application of the principle of non-retroactivity of criminal laws. 2. May not impose the death penalty for juveniles and pregnant women because they had not reached the age of majority and they are more likely to reform, has set the age of eighteen at the time of the crime to a minimum age at which he may impose the death penalty. 3. Must be given guarantees of a just and fair trial for all defendants who could face the death penalty. This trend has been endorsed by the UN General Assembly, in resolutions Nos. 2393 of 1968, 35/172 of 1980, where the General Assembly invited the Governments of Member States to work to secure all the judicial guarantees set forth in the Mod 2-6, 14 and 15 of the International Covenant for Civil Rights and political, for the provisions that make the death penalty. As well as to support this trend, including the argument of the "Commission on Human Rights" in its general comments on article 6 of the Covenant, the need to respect the judicial guarantees established in the text of article 14 in the criminal trials relating to crimes punishable by death, including: ensuring the rights of the defense, and to ensure that the defendant the presumption of innocence until proven guilty, and the right to appeal his conviction in a ruling by a higher court .
* * * * Chapter II: it has been dedicated to describe and assess the "crimes punishable by death in the Egyptian penal legislation." Criminal law has taken the Egyptian capital punishment for a wide range of crimes that are serious in his justify recourse to such punishment. Has stipulated the death penalty in four criminal laws: the Penal Code No. 58 of 1937, the Narcotic Drug Control Act No. 182 of 1960 as amended by Act 122 of 1989, martial law No. 25 of 1966, the Arms and Ammunition Act No. 394 of 1954. And can be classified as crimes punishable by death in four of these laws into seven major groups of crimes, there were four others, 58 of the Penal Code of 1937, namely: 1- Offenses against the security of the State on the outside. 2- Offenses against state security, on the inside. 3- crimes under the Terrorism Act No. 97 of 1992 amending some provisions of the Penal Code and the establishment of the State Security Courts and bank secrecy, arms and ammunition. 4- Offenses against individual people.
The remaining three communities of the crimes punishable by death, it was stipulated in the three special laws, as follows: 1. Weapons and ammunition offenses punishable by death, and is provided for in the Arms and Ammunition Act No. 394 of 1954. 2. Drug offenses punishable by death, and is provided for in the Narcotics Act No. 182 of 1960 as amended by Act 122 of 1989. 3. Military offenses punishable by death, it was organized and ordered the sentence to determine which of the martial law No. 25 of 1966
The legislature took the death penalty to certain procedural safeguards against error in the non-implementation of this punishment. Thus, our second part has been divided to two chapters: First topic: the substantive scope of the death penalty in criminal legislation, which deals with the second topic: the procedural safeguards associated with the death penalty and the method of execution in Egypt.
* * * * We divided the "the first topic," which deals with "the substantive scope of the death penalty in the modern criminal legislation" to deal with a row of seven branches of the seven
12 communities of crimes punishable by death in the Egyptian penal legislation. Section I: For the crimes of aggression to the security of the Government on the outside: the text has been received for these crimes in the Egyptian Penal Code No. 58 of 1937 in Book II, Part I, entitled "crimes damaging the security of the government from abroad", and articles 77 85 of the Act. The number of such crimes (12) is a crime punishable by death, namely:
Legal text The description of a crime punishable by death Everyone is punishable by the death: M 77 penalties 1. Already committed to the detriment of the independence of the country or its unity or territorial integrity. M 77 (a) p 2. Enrolled in any armed forces of a State at war with Egypt. M 77 (b) sanctions 3. Sought to a foreign state or intelligence services with them or with one of those who work for the benefit of the hostile acts against Egypt 77 m (c) sanctions 4. Sought or intelligence services with the enemy to Egypt to help them in their hostilities. Or to the detriment of military operations of the Egyptian state. M 78 (a) sanctions 5. Intervention in the interest of the enemy to undermine the sincerity of the armed forces, or weakening the spirit or the spirit of the people or the moral force of resistance there. M 78 (b) sanctions 6. Incited soldiers to engage in the service of a hostile. Anyone 78 m "c" p who deliberately intervenes in any manner in the collection of soldiers, men or money or supplies or equipment or measure is in the interest of the country in a state of war with Egypt. M 78 "H" sanctions 7. Facilitated the entry of the enemy in the country, or delivered or fortify cities or facilities, etc. .. 8. Destroys or defect or malfunction and deliberate means of M 80 penalties defense, other than prepared to defend the country or which is used to that, and in time of war. 9. The crime of delivery of defense secrets to a foreign country, or to gain access to a view of the disclosure or destruction of the benefit of, or make it unusable because of the benefit. 10. The crime of intentional breach of a contract to supply or works M 81 penalties associated with the government to the needs of the armed forces. 11. Offense of criminal conspiracy, or incitement to agree on M 82 "B" sanctions specific offenses, offenses against the state's external security. 12. The death penalty for the commission of any crime, as provided in section II of Book II of the Penal Code, if the attack in order M 83 "a" sanctions to prejudice the independence of the country or its unity or territorial integrity, or if it occurred in time of war in order to benefit the enemy, or damage to military operations, and would achieve the purpose mentioned. As well as crimes and misdemeanors set forth in Part I when the assailant in order to benefit them or harm to the enemy in military operations of the armed forces, and would achieve the purpose mentioned.
We have to organize the legislative crimes of aggression to the security of the Government on the outside of several fundamental observations, summarized as follows: 1. Otherwise as required by the principle of legality of crimes and penalties, the legal provisions for the crime of aggression to the security of the State on the outside, as a whole lacks "the art of legislative drafting," the legislature has used words of general and vague and ambiguous, such as: "prejudice to the independence of the country or
13 its unity or the safety of territory "in Article 77 sanctions. The legislator did not specify a precise, clear and without ambiguity the nature of the acts by which the physical element of most of these crimes, for example, according to Article 77 of the death penalties had committed "actual" to the detriment of the independence of the country or its unity or territorial integrity. Article 77 (a) the death penalty punishes anyone who "joined in any way." Punishable by death and also of the "espionage or sought" (Article 77 (b) p), and all of the "interference" (78 sentences a) and all of the "instigator" 78 (b), each of the "easy" (Article 78 sanctions, c). Not only the formulation of the legislature of such acts in general terms, vague and inaccurate, but also did not specify what acts which constitute the crime of compromising the independence of the country?, And the meaning of the word "prejudice"? And when there will be "facilitating" and images and various forms.. There is no doubt that the failure of the legislature to determine what acts are located most of the attacks on the security of the Government on the outside, despite the harshness of the sentence imposed upon, is a blatant assault on the principle of legality of crimes and penalties, the Court also granted the competent court broad authority in determining the nature of the acts in question, with out a judge subject on the limits of the task entrusted to it under the provisions of the Constitution, which is to adjudicate disputes according to constitutional and legal texts in force. This is confirmed by the Supreme Constitutional Court in its ruling, issued in early February 1997 in case No. 59, judicial year 18, who spent the constitutionality of the first paragraph of Article 195 penalties, which the juvenile court: "Original of the penal provisions that are formulated within the narrow definition of acts that it has established the legislature, and specifically to what, to ensure that the Blackout, reason of prejudice to the rights of citizens guaranteed by the Constitution. " As the Court of Cassation on the same principle, stating: "Headquarters of the death but it does not know the text of the offense and the penalties in place, including the expansion of non-incorporated in the texts of the Criminal Code and the absence of which, by analogy," .
The text is vague and ambiguous punitive one of the most important legislative tools used by authoritarian regimes in dealing with political opponents, as the crimes of aggression to the security of the government from outside, even the type of political crimes. The Constitutional Court realized in the ruling of 2/1/1993 in Case No. 3 of 10, judicial, and not to judge the constitutionality of Article 5 of Decree-Law No. 98 of 1945 on the homeless and the suspicious them, saying: ".. It was the ambiguity of laws Criminal history is associated with abuse of power, and was doomed to rely on the legislature to new approaches in the formulation did not slip into the flexible or ambiguous expressions, or the fluid-loaded meaning of which is widening with the sign, including the criminalization of the dangers of the trial court had a clear end in the area of application of penal provisions of the crimes that did not invent the street in order to establish and overcome the fact and to the extent that the Constitution as a vital area of the rights guaranteed directly .. "
2. Offenses against the intervention of the security of the Government on the outside, according to objective criteria, within the scope of political crimes because they affect the essence of the political rights of the State, however, incited the Egyptian legislature to criminalize this type of crimes described as political crimes and common law, as provided for in section I of Book II of the Penal Code No. 58 of 1937. It seems that the Egyptian legislature had wanted it from behind, rally to be adopted by the international community to ban the use of the death penalty for political crimes, as called for by many scholars of the Egyptian palace the death penalty for crimes of violence to life without the only political crimes, which must be individual special punitive treatment of offenders do not include the use of the death penalty against them.
14 * * * * Section II: offenses against the security of the Government on the inside: the legislature take the death penalty for crimes for nine of the crimes of aggression to the security of the Government on the inside, the legislature has followed the same flawed approach in the drafting of legislative texts in the formulation of the crime of aggression to the security of the Government on the inside , as already in the formulation of legislative texts concerning the crime of aggression against the security of the government from outside:
Legal text The description of a crime punishable by death M 87 penalties 1. The crime of forming an armed gang, or took over the leadership or the leadership to try to overthrow the state by force. M 89 penalties 2. 2nd Author attacked by a gang of people, armed or resisted by the public authority in the implementation of laws M 90 penalties 3. Vandalism to buildings and public property if caused by the death of a person who was present in those places. M 90 bis p 4. The crime of attempting to occupy the buildings and common property by force, if signed by an armed gang M 91 penalties 5. Crime task force or some of the leadership of the army or the navy or section of the warship or military aircraft or a military or port or city without a mandate from the government or other legitimate reason. M 92 penalties 6. Request of the right to be members of the armed forces or the police to disrupt the government orders for a criminal purpose. M 93 penalties 7. Presidency of the crime of rape of an armed gang in order to land and property. 102 m (b) p 8. The crime of the use of explosives with intent to commit certain crimes. M 102 (c) p 9. The crime of the use of explosives resulting in the death of one or more
Section III: crimes of terrorism punishable by death: the text of the Egyptian legislature on two sets of criminal acts and the monitoring of its tough sanctions in the context of addressing the phenomenon of terrorism which has escalated in the country with the early nineties, and Law No. 97 of 1992 to introduce some amendments to the Penal Code No. 58 for the year 1937. The legislative definition of terrorism contained in Rule 86 sanctions, tariffs defective that are contrary to the principle of legality of crimes and penalties, for several reasons the most important : this definition was too broad and general terms are difficult to control and lacks the art of legislative drafting, which is contrary to the text of any feature criminal: a disciplined language, but is subject to many interpretations, it is sufficient here to recall the words, "endanger the safety and security of society at risk," "disturbing public order", "any use of force or violence." The legislator equaled between Article 86 penalties between the actual use of force or violence, and the mere threat and intimidation, even if not accompanied by any act of force and violence. In the interpretation that says Dr. Fawzia Abdul Sattar, "the meaning of terrorism as contained in the text, the two prerequisites: it speaks of a particular is the use of force or violence, threat or intimidation, this is the way ... And there is a special order and is very far terrorize the community and disorder and insecurity in society. " As for the crimes of terrorism in the communities of Egyptian legislation, are:
The description of a crime punishable by death Legal text
15 1. The establishment or the establishment of the crime of illegal M 86 bis (a) p organizations for the purpose of the call by any means to disrupt the provisions of the Constitution or laws, or to prevent a State enterprise or a public authority to exercise its work, or the attack on personal liberty of the citizen, or other public rights and freedoms guaranteed by the Constitution and the law, or harm national unity or social peace.. 2. And when the means of terrorism used in the investigation or the M 88 penalties implementation of the purposes for which the organization calls illegal 3. The crime of kidnapping as a means of air transport or land or M 88 bis p water, resulting in the death of a person done in or outside the vehicle Crime arrest people without right; in order to influence the public authorities, whether caused by the death of a human being 4. Use of the crime of terrorism to force a person to join an illegal M 86 bis (b) p organization, or prevented from separation by the death of their victim 5. A crime or seek to communicate with a foreign country or in the M 86 bis GS body or association or organization or group or gang, to be based outside the country, or one who worked for the benefit of any of them, as well as the Tkhabr with him or her to carry out any act of terrorism in Egypt or against their property or its institutions or its employees or representatives of its citizens, diplomats or the course of their work or their presence abroad or participate in the commission, which said something if the offense is the subject of the search or phone calls or engaged in the commission of the death penalty shall be 6. Crime cooperation or access to any body or association or M 86 bis (d) p organization or any terrorist group has been named, will be based 234 m outside the country, and to take terrorism or military training and the means to achieve their purposes 7. Murder for the purpose of implementation of a terrorist sanctions
Section IV: individual crimes punishable by the death of people, where r the Egyptian Penal Code No. 58 of 1937 on the death penalty for crimes for nine of the ordinary criminal offenses against individual people, namely: murder with malice aforethought or surveillance (P. 230 of the Penal Code), murder the use of poison (m 233 the Penal Code), homicide- related crime or a crime or misdemeanor (m 234 the Penal Code), a wounded war (sanctions 251 m), exposing the means of transport at risk if the resulting death of a human being (m 168 the Penal Code), arson in the case of a death of a human being (257 penalties), the abduction of a woman associated with the non-satisfaction (m 290 penalties), if the false testimony resulted in the execution of human beings (m 295 penalties) associated with gang murder (art. 375 bis (a) p).
* * * * Section V: drug offenses punishable by death, the law 122 of 1989 on drug control and regulate their use and trafficking, the death penalty for a number (10) of the drug offenses, as follows: bring the crime and export of narcotic (m 33 (a) the drug), is a crime production, extraction and manufacture of narcotic gems (P. 33 (b) drugs), the crime of cultivation of narcotic gems (P. 33 (c) drug), the crime of gang formation or management of or participation in an illegal purpose (quality 33 bis "d"), the crime of possession or acquisition of materials drug trafficking in order to (m 34 (a) of the Drugs Act), the essence of the crime of drug use in non-authorized use of the purpose (Article 34 (b), the administration of the place of the
16 crime of abuse of (m 34 of the Law on Narcotic Drugs (c)), to pay for the crime of abuse of cocaine or heroin any of the articles contained in Section I of the Table "1" (m 34 bis of the Drugs Act), the crime of infringement on one of the staff working on the implementation of the anti-drug legislation if it results in the death of the victim (art. 40 of the Drugs Act), the crime of murder One of the officers to implement the provisions of the Narcotic Drug Control Act (41 m of the Drugs Act).
* * * * Crimes punishable by death in the Arms and Ammunition Act No. 394 of 1954, namely:
Arms and Crimes punishable by death Ammunition Act The crime of Without prejudice to the provisions of Part Added this possession or Two bis of the Penal Code the penalty of paragraph of acquisition of imprisonment with hard labor for life or for Article 26 of weapons, those who made or received through the the Act on ammunition or medium-specific or a weapon without a permit Weapons and explosives to use in from the weapons provided for in Article (1) of Ammunition any activity without this Act or ammunition, which is used in Act No. 165 of prejudice to public weapons or explosives referred to in at a 1981 security or public gathering places or public transportation or order or of prejudice places of worship, be liable to the death to the government or penalty if the possession or acquisition of such the principles of the arms or ammunition or explosives to use in Constitution or any activity without prejudice to public statutes of the social security or public order or of prejudice to the or national unity or government or the principles of the social peace. Constitution or statutes of the social or national unity or social peace.
Section VII: Crimes punishable by death in the martial law: take the martial law No. 25 of 1966 the death penalty for 39 crimes for a number of crimes of a military nature, namely: the enemy- related crimes and the crime of the 12 stipulated in article 130 military, a crime for non- Telling one of the offenses set forth Part I of the martial law (military 132 m), the crime of entry to the site of a military enemy, or to a military or military institution (133 m military), family crimes and ill-treatment of the wounded, six of the crimes set forth in the articles: 134, 136,137 military , crimes of sedition and disobedience of the five crimes stipulated in Articles 138, 138 bis, military crimes and violation of service duties and custody of the seven military crimes contained in the text of Article 139, military crimes, looting, and destruction (141 m military) criminal abuse of power (148 m military ), the crime of not obeying orders (m 151), crimes of desertion and absenteeism (154 military)
* * * * The "Study of the third to" study the issue of "procedural safeguards associated with the death penalty and the method of execution of punishment." As for "the death penalty and guarantees the implementation of" the Egyptian legislature has the death penalty for the consideration of the seriousness of many of the procedural safeguards to ensure that the assurance of the integrity of the judicial ruling issued by the pre-implementation. These include the following: 1. Consensus views of the members of the Court: According to Article 381 / 2 that the criminal proceedings: "No Criminal Court to issue a death sentence only by unanimous consensus of its members." This is one of the most important security guarantees if it does not take into account the governance champion and had set aside. 2. Taking the view Mufti.
17 3. Supply to the Court of Cassation. 4. Presentation to the President of the Republic: Under article 470, where criminal proceedings and the Minister of Justice to lift the final sentence of death to the President to consider the possibility of an amnesty or commutation of sentence by sentence. That implements the provision if it had not issued a pardon or the replacement of the penalty within fourteen days.
If it meets the death sentence of all those actions to be implemented, and legislator of the two cases requires the implementation of temporary punishment thereon, namely: First case: the case of pregnant women and provided for in Article 476 proceedings, saying: "Stop the death penalty on pregnant until after two months of the developed." Echoed Article 68 of the Prisons Act of governance. This provision is a proper application of the principle of personal punishment, as the execution of pregnant women on the innocent means of implementation, a fetus. Second case: the death sentence had filed an application to reconsider the sentence, which is through an unusual method to challenge the provisions, in accordance with the Article 448 of the Code of Criminal Procedure. It follows the adjournment of the petition for stay of execution of sentence of death until an interim decision on the petition, which is a welcome departure from the general rule that the petition for review does not stop the execution. Unfortunately, the legislature abolished the moratorium on the death penalty in the case of insanity among the sentenced to death, under Decree Law No. 116 of 1952 which repealed Article 475 / 1 of the Code of Criminal Procedure, which was to defer the implementation of the death penalty in the case of insanity. There is no doubt the unconstitutionality of the Decree Law No. 116 of 1952, to mention a number of reasons as follows: 1. It is contrary to the principle of equality of citizens before the law provided for in Article 40 of the Constitution. 2. The execution of the insane, despite the lack of mental integrity, which is a prerequisite for the implementation of the sentence and the nature of being unable to right the sentence imposed, is a form of torture is prohibited under article 42 of the Egyptian Constitution, and is forbidden under international human rights instruments. It also contrasts with the implementation of guarantees issued by the Economic and Social Council concerning the death penalty, which states that: "No executions of persons who have become unconscious of the insane." As for the method of implementation of the death penalty: the systems of the Egyptian legislature is one way to implement the death penalty, the hanging, according to the article 12 of the Penal Code. The Prison Service of the Ministry of the Interior to take the necessary action to implement the sentence in the presence of representatives of the competent judicial body to ensure the safety of implementation. The main procedures for the implementation of the death penalty are as follows: 1. In that, following the death sentence became final, the deposit will be sentenced within penal institutions in order to implement the provision, by order of the Attorney-General (471 procedures). And implement the death sentence upon the written request of the Attorney General after fourteen days from the date of presentation of the case papers to the President of the Republic, without the amnesty or commutation of the sentence (Article 473 action procedures) 2. Executed inside the prison where the applicant was sentenced to death, or anywhere else in the secret, including means of implementation may not be the death of the public (Article 473 procedures). Conditions. 3. Following receipt of the prison administration in which the applicant was sentenced to death asked the Attorney-General to implement the sentence, the prison administration and the identification of Aativ on his watch and notify each of the Minister of the Interior and the Attorney-General, in accordance with the second paragraph of Article 65 of the Prisons Act.
18 4. Law permits the presence of counsel for the sentenced to death along with the Attorney General and the warden and his doctor and another doctor Qublb delegates from the public prosecutor. Not entitled to witness the execution, however, only with the permission of the Public Prosecutor (474 / 1 procedure). Before starting the implementation of the operative provision read the sentence to death and convicted of the charge for it, and this is in the place of performance and Bmsama from the audience. And if sentenced to death in the show's free, and Deputy Attorney-General's minutes to do so. Then be implemented in a manner "hanging", and after the completion of free and Deputy Attorney General and the record proves that the testimony of the doctor and time of their death (474 / 2 actions). 5. Burial will be at the expense of the State did not want the relatives of the convicted person to do the burial, but without any celebration (477 action. Doctrine has been interpreted by some that this type of celebration honoring the sentenced person, which is not worthy of those who deviated in the most serious crime methods, and This award is an implicit protest the death sentence . * * * * The "Chapter III," the title. "Experience is at stake ... the most important study of the judicial applications of the death penalty" and the most important consideration when dealing with the judicial application of the death penalty in Egypt during the twentieth century, through three detectives as follows: the first addresses the topic: Analysis of Common to the death sentences in Egypt during the twentieth century, the study indicates that during this century, the Egyptian penal legislation over the four stages of history, began in the era of Mohamed Ali Pasha in 1830 the issuance of "Agriculture Law", then the law of civil penalties in 1883 that so the source of basic French Criminal Code, the Penal Code and the year 1904, which is derived from some of its modern foreign legislation, such as: the Italian and Belgian law, Indian and Sudanese, and until the issuance of the current Penal Code No. 58 for the year. Has found the death penalty in recognition of the application during various phases of criminal law in modern Egypt, but can be difficult to determine the exact number of death sentences that have already been issued or implemented since the beginning of the twentieth century, given the scarcity of official data on the death sentences issued or carried out in Egypt. According to some studies, official statistics and semi-formal, as well as the outcome of the field effort of the Arab Organization for Penal Reform in documenting the criminal provisions of the veto by the support of the death sentences issued by the competent criminal courts, and the efforts of national human rights organizations in the area of monitoring and documentation of the special trials in Egypt (the military courts , the Supreme State Security Courts, "emergency") could be observed towards the (1429) death sentences issued during the period since the beginning of the twentieth century, is expected to be the actual number was much higher.
The diverse communities of the crimes for which death sentences have been issued and classifications varied between ordinary criminal offenses such as crimes: murder, murder by poison, murder, coupled with theft or coercion or abduction of the rape, and drug offenses .. Etc., has been issued for this type of crime towards the (1168) sentenced to death by 81.73% of the total of death sentences issued since the beginning of the twentieth century. While a nearly 182 death sentences for offenses of a political nature rate of 12.73%. Of these offenses: political assassinations, espionage and intelligence with foreign countries, the establishment and membership of secret organizations, or leadership of the illegal violation of the provisions of the law, and acts of the government against the homeland and the safety and stability and, finally, the crimes of terrorism after the issuance of Law No. 97 of 1992 to introduce some amendments to the Penal Code No. 58 of 1937 in order to combat terrorism. While a (79) sentenced to death is not known who fell by 5.5% of the total provisions.
19 Classification of the death penalty during the twentieth century
1500 1168
1000
500 79 132 4 6 40 0 غير م عروف مح اكم ام ن م حاكم ال جنايات م حاكم عس كرية محكم ة الش عب محكم ة ال ثورة ج هة الصد ار ال دولة ال عليا
Series 1 4 6 40 79 132 1168
As well as a variety of different actors and which issued the death sentences between: the regular criminal courts, special courts, the People's Court, the Revolutionary Court, the Supreme State Security Courts, "emergency" and military courts. The death sentences were issued during the previous eras different time politically, socially and economically, is the first time the pre-revolution led by Egypt's President Gamal Nasser in July 1952, the era and the second phase after the revolution in 1952.
During the pre-1952 years could be observed towards the (279) sentenced to death. 190 issued a ruling from the criminal courts in ordinary criminal offenses, and was about (10) provisions of the military courts, and some (79) provision of a known non-specifically.
Classification of the death penalty before 1952
190 200
150
79 100
50 10 0 محا كم الجنا يا ت غي ر معروف جهة الصدار محا كم عسكرية
Series1 10 79 190
The post-1952 years have been monitoring about 1150 death sentences were issued by several bodies according to the type of crimes which it was issued, of which (978) death sentences issued by criminal courts in ordinary criminal offenses by up to 85% of the total crimes committed, while in a crimes of a political nature about (172) sentenced to death by four forms of special courts as follows: the military courts issued 122 death sentences at a rate of 10.6%, the Supreme State Security Courts, "emergency" issued (40) a provision, at a rate of 3.5%, and issued ( 6) provisions of the People's Court, a rate of 0.52%, and (4) The provisions of the Revolutionary Court, a rate of 0.34%.
Classification of the death penalty after 1952
20 1200 978 1000
800 600 400
122 200 4 6 40 0 م حاكم ام ن ال دولة م حاكم الج نايات م حاكم عسكرية محكم ة الش عب م حكمة ال ثورة العل يا
Serie s1 4 6 40 122 978
First: Reading of the death of pre-1952: Egypt have been through the pre-1952 years of British occupation, since 1881. Having taken all the criminal legislation, which was published in Egypt during the period of occupation, the death penalty for multiple communities of crime and narrowing the widening of interest as desired by the legislature in the political protection of a criminal. This means that the civil courts had been applying this punishment to the perpetrators of these crimes. But there are no official statistics or semi-formal on the number of death sentences issued during the period from the beginning of the twentieth century until 1932. Did not reach us only the bare minimum of the death sentences reviewed by some of the historical studies, either because of the danger of criminal Hedip and their great impact on public opinion, such as the issue of "the RIA and tranquility" at the level of ordinary criminal offenses, or because of the death sentences of the incidents related to political escalation of popular resistance to the occupation Britain to Egypt, such as "incident Denshoay" and the assassination of: "Al Nokrashi Pasha" and the military governor, "Sir Lee Stack," in 1910 and 1924, respectively.
The first published data on the number of death sentences in Egypt, are those published by the d. Mr. Aweys, in one of his writings on the basis of some important official data , has pointed out that the number of those sentenced to death in Egypt from 1932 to 1973 amounted to (714) persons, of whom 279 were sentenced to death during the period from 1932 to 1952. It is noticeable that the number of crimes of murder and other crimes for which the legislator has decided that the death penalty, was during the period from 1932 until 1952 and about (57962) a felony, has not been issued, only 279 death sentences. Many who issued the death sentences of $ ( 279) during the period from 1932 until 1952, according to the diversity of the crimes that necessitated the imposition of such punishment, as follows:
Statement points to the elimination of death sentences issued during the period 1932 – 1952 Number of executions Issued by 190 Criminal courts 10 Military courts 79 Unknown Total 279
The issue of "the RIA and tranquility" restricted the scale of veto under the 1937 Act No. 38 by the judicial and the rule of the Supreme Court appeal filed in the October 30, 1921, months of the regular criminal offenses that occurred in Egypt during the period before 1952, for several reasons, including: enormity of the crimes committed, and the large number of death
21 sentences imposed by the provisions, which amounted to seven at one time. This issue is also the historical precedent of the first court ruling against the death of women in the modern era, after the demise of the reasons was to prevent that, according to the head of the prosecution case, saying: "prosecutor requests death sentence on the accused, including the first seven Ria and Sakina, because the reasons which justified the lack of women sentenced to death, that may still be outside the penalty was imprisonment. Now death penalty is inside the prison. "
The political crimes in which death sentences issued during that period, have included many types including: offenses against the British occupation forces, assassination of political crimes, crimes or establish or join a secret organization, however, the leadership of the project and produce acts against the ruling regime and the safety of the nation. From the study of these issues, it can be said that the authority of the British occupation of Egypt by deliberately employing the death penalty to serve political purposes and colonial interests in Egypt.
Second: Read in the newspapers of the death penalty during the period (1952 1990): According to statistics prepared by Dr. Aweys, the number sentenced to death in Egypt from 1952 to 1973 towards the (324) people, an increase of about 45 people from 1932 until 1952. The variety of the crimes committed by those sentenced to death during this period, which presided over Egypt with President Gamal Abdel Nasser, until 1971, between ordinary criminal offenses and of a political nature. The death sentences can be classified in terms of the former passed by the following :
The number of death sentences in Egypt during the period from 1952 to 1973
Number of executions Issued by 269 Criminal courts 28 Military courts 17 Supreme State security courts 6 People court 4 Revolution court Total 324
It is noticeable that the number of crimes of murder and other crimes, which is scheduled for the death penalty, has declined during the period from 19521973, at a rate of 34.9% over the number during the period of 19321952nd However, the increased number of people sentenced to death by hanging during the post-1952 rate of 7.4%. It is noticeable as well as murder, whether accompanied by other crimes such as theft or not associated with, had been for most of the death sentences issued during the era of Abdel Nasser, was found in a study on "features of the crime of murder" by the National Center for Social and Criminal Research during the period from 1957 until 1968 the sample included 374 murders, and published in 1970, "the offender is sentenced to death is most often linked to the victim," the relationship of friendship, kinship or marriage or the fellowship, etc. ...
The study shows that 29.53% of the perpetrators were linked to (family relation, maternity) with the victims. The proportion of 30.77% of the perpetrators was linked with the knowledge of the victims, and the percentage of the neighborhood and the relationship of 9.43% 0.99% Partnership. The proportion of the lack of a relationship between the offender and the victim has reached 24.57% or about 99 murders, mainly because of the offender that the murder was either a professional or theft in order to kill . As well as political crimes received a large proportion of death sentences, the number of death sentences in these crimes (55) by 17% approximately. It is worth mentioning that the Egyptian political system in the era of President Gamal Abdel Nasser, had adopted a mechanism of special courts (People's Court and the Court of the revolution) as a tool to
22 protect the achievements of the revolution and the face of political opponents of the regime, especially the faction "left-wing" and the "Muslim Brotherhood" prohibited by law. Those courts have issued a number of death sentences, after trials dominated by a political nature, and lacked the legal standards of fair trial and fair.
Number of executions Crime Percentage 269 Criminal offences 55 Political crimes Total 324 100%
One of the most important political crimes in which death sentences were passed: 1. Kafr Al-Dawar incident: On August 16, 1952 Damanhour crimes court ruled the execution of each of Mustafa Hamad Hassan Khamis, and beef, the sentence was ratified on September 5, 1952 was the implementation of the death penalty after only two days i.e. on September 7, 1952. 2. Assassination attempt on President Gamal Abdel Nasser in 1954 in what is known as an incident, "How to": the face of acts of accused of crimes against the regime and against the safety of the nation, the People's Court ruled on December 4, 1954 to death by hanging on each of: Mahmoud Abdel-Latif Mohamed (the plumbing) , Izz Al-Din Yusuf Mohamed Talaat (contractor and a full-time Islamic), Mr. Ahmad Hindawi Doerr (lawyer), Ibrahim al-Tayeb Ibrahim Saqer (lawyer) Mohamed Mohamed Farghali (from Al-Azhar), the return of Abdul Qadir (lawyer, judge and then the Under-Secretary of the Muslim Brotherhood) . The verdict was carried out after only three days, on December 7, 1954. 3. The cause of "the Muslim Brotherhood in 1965": the arrest of some leaders and members of the group "Muslim Brotherhood" prohibited by law, and charges related to the re-establishment of the group in violation of the provisions of the law, and any attempt to overthrow the regime by force transmitted by the assassination of President Gamal Abdel Nasser. The court headed by Major General Fouad Digoi, dated 21/8/1966 to death seven co-defendants have been executed after only a week for three of the defendants, who are: thinker Sayyid Qutb, Mohammad Yousuf, psychosis and Abdul Fattah Ismail, and his sentence of four others of their age.
From 1970 until 1980 and did not have any official data on the numbers of death sentences that were issued or implemented during that period, according to Amnesty International to commence its one year period from 19811990 the number of death sentences issued by the Egyptian courts had sentenced 179 to death, as well as was the implementation of 35 death sentences during the same period . Amnesty also reported that the incidence of death in Egypt on the rise and that the trials are unfair against some of the accused and sentenced to death, and in clear disregard of global trends, the increasing use of the death penalty significantly in Egypt, from 1991 to 2000, there were some of the statistics At least 530 death sentences, as well as the execution of 213 people. The report said that in 1999 alone, issued death sentences against 108 people including 12 women. In a report on the use of the death penalty by the "Committee on criminal justice and crime control" of the United Nations in March 2001 on the basis of information provided by States, Egypt was among the 12 states only at the level of the world record of the culling of more than 100 people over five years from 1994 to 1998.
Whatever it was on the estimate of the death sentences in Egypt since 1990 has been able, "the Arab Organization for Penal Reform," to obtain the number (228) issued a ruling from the Court of Cassation during the period from 1990 to 2008, issued in ordinary criminal offenses, the legislature which capital punishment as an estimate of the criminal judge to take such punishment and, if willing, in accordance with the conditions and circumstances of each case before it.
23 These provisions included the number of (170) death, or 74.56% of the sentences, and the number of sentences of hard labor (6) the provisions of 2.63% and the rate of imprisonment (7) by the provisions of 3.07%. In a number (45) issue of the Court of Cassation ruled to accept the appeal form and substance and the case for trial before the criminal chamber, and a rate of 19.74% of the total provisions replace the present study.
Final sentences of Appeal Sentences Number Percentage Death penalty 170 74.56% Intensive watch prison 7 3.07% Hard labor 6 2.63% Acceptance appeal and retrial 45 19.74% Total 228 100.00%
The classification of crimes, which issued a statement of the provisions of the above (228 sentenced), we find that the crimes of murder and murder with premeditation, is ranked first with 208 murder rate of 91.23% of the total crimes, crimes, followed by the number of kidnappings, rape (15) crimes per amounted to 6.58%, and the drug of last resort to bring the number of crimes (5) crime rate of 2.19% of the total of crimes for which those provisions.
Classification of offences of appeal (228 sentences) Offence Number Percentage Predetermined 208 91.23% Murder Rape offences 15 6.58% Drugs trafficking 5 2.19% Total 228 100.00%
The analysis of past crimes on the one hand the place where the crimes were committed and the geographical distribution of the provinces of Egypt, the Cairo governorate are more areas where the crimes were committed at a rate of 26.75%, followed by Giza by 14.04%, followed by Western province, 7.02%. The province of Port Said in the final standings, where they have not committed any crimes inside of the offenses to which the provisions of the veto has been issued under consideration.
Geographic distribution of offences in Egypt
Sentences # of Acceptance City Percentage Death Hard crimes Imprisonment and penalty labor reconsideration Cairo 26.75% 61 45 2 14 Giza 14.04% 32 27 1 4 Gharbia 7.02% 16 13 3 Dakahlia 7.02% 16 11 1 4 Alexandria 5.70% 13 11 2 Qalioubia 5.26% 12 7 2 1 2 Sharkia 4.39% 10 8 1 1
24 Menofia 3.51% 8 6 1 1 Behaira 3.51% 8 7 1 Quena 3.07% 7 6 1 Kar Al Sheikh 2.63% 6 5 1 Suhag 2.63% 6 3 1 2 Demiat 1.75% 4 3 1 Ismaelia 1.75% 4 1 3 Menia 1.75% 4 3 1 Beni Swaif 1.75% 4 2 2 1.75% 4 3 1 Aswan 1.32% 3 2 1 Assiut 1.32% 3 1 1 1 Fayoum 0.88% 2 2 Sinai 0.88% 2 1 1 Red sea 0.44% 1 1 Marsa Matrouh 0.44% 1 1 Suiz 0.44% 1 1 Port Saed 0 Total 100.00% 228 170 7 6 45
As well as the spread of the Court of Cassation, the place of the present study (228)-year period from 1990 to 2008, as set out in the following table:
Appeals per Number Percentage year 1990 4 1.75% 1991 4 1.75% 1992 3 1.32% 1993 9 3.95% 1994 2 0.88% 1995 6 2.63% 1996 3 1.32% 1997 7 3.44% 1998 5 2.19% 1999 2 0.88% 2000 5 2.19% 2001 18 7.89% 2002 18 7.89% 2003 21 9.21% 2004 26 11.04% 2005 32 14.04% 2006 30 13.16% 2007 21 9.21% 2008 12 5.26% Total 228 100.00%
In the second topic of Chapter III Baldrsap address some of the applications of the death penalty for ordinary criminal offenses. This topic is divided into the following section: in the first section dealt with: applications of the death penalty for murder. Section II and we have to
25 study the applications of the death penalty for rape, and the third deals with applications of the death penalty for drug offenses.
ر س م ب ي ان ى للج ر ائ م مح ل الدر اس ة
208
250
200
15 150 5 100
50
0 جرا ئم جرائما لقتل الخطفوا لغتصاب جلبمخدرا ت
Series1 5 15 208
Section I: the death sentences for murder by reading and analysis of the provisions of the Court of Cassation (228) a sentence was issued during the period 1990 2008 we find that the crimes of murder with premeditation is the list of crimes that have made them the ordinary criminal courts sentenced to death accused of committing, where the number of such crimes (208) crime by 91.23% of the total crimes committed. The analysis of the provisions of the Court of Cassation issued during the period of 1990 2008 of the (228) ruling, we find that the criminal courts have dealt with the Egyptian number (208), either felony murder or other crimes not accompanied, as well as the number (15) crime of rape combined with all other crimes such as murder or theft, and considered (5) to bring drug crimes. The criminal courts (170) sentenced to death in those crimes, or 74.56% of the total provisions, which reflect the conviction of a large proportion of criminal justice, like the pan-Egyptian doctrine, the application of the death penalty for ordinary criminal offenses are serious and very serious, which is the crimes of murder with premeditation, and the crimes of rape, and crimes of drugs and trafficking.
Sentences issued in criminal courts amounted 228
Percentage Number Sentences 74.56% 170 Death penalty 3.07% 7 Intensive watch prison 2.63% 6 Labor work 19.74% 45 Acceptance appeals and retrial 100.00% 228 Total
But the Egyptian tough criminal justice, in particular, for the crimes of rape, for several reasons: some of the causes of self-related Bogdan criminal judge, and some other causes of community, religious and moral rejects this type of crime for the attack on the honor and the supply and maintenance of reproductive and imputablility, and reveals by Dani behavior and deviation inherent in the personality of the offender. In addition, the nature of a pattern of rape, vehicle crimes, usually committed within the framework of the criminal with a combination of several people, including cast horror and dread in the same victim and on the Iedzh Almquaonp, also includes a series of related crimes is linked to by the rape, such as: kidnapping + robbery + murder. Therefore, we find that the ratio of the death penalty for rape would rise to 100%. As all of the crimes of rape (15) crime dealt with by the criminal courts which issued death sentences.
26 A reading of the veto provisions of the (228) a provision in order to determine the position of the Court of Cassation at the introduction of the death penalty in the impugned Criminal Cassation, the Court of Cassation decided to accept the appeal form and the subject and his refusal to support the sentence 183 in the number of cassation appeal by 80.26%, and an acceptance of the appeal form and the subject and re-trial before the criminal division in the number of 45 new court challenge by 19.74%. Of the total number (208) in the appeal court judgments in criminal murder, the Court of Cassation ruled that the admission of the appeal form and the subject and his refusal to support the sentence and in the number of crime per 168 reached 80.76% of the total sentences, while the Court of Cassation ruled that the admission of the appeal form and the subject and re - the case for a new trial before the criminal division in the number (40) felony murder rate of 19.24%.
بيان بالحكام المطعون فيها بالنقض
228 250
183 200
150
100 45 50
0 عدد ا لحكام المطعون فيها بالنقض قبول ا لنقض وا عادة ا لمحكمة ا مام تأييد الحكم 228 45 183 ا لعدد
According to the foregoing, the Court of Cassation ruled that the acceptance and rejection of the appeal form and the support of a sentence 168 in the number of felony, and the classification of those sanctions as follows: Table on punishments judged by Appeal Court Punishments Number Classification 170 Death penalty 7 Imprisonment 6 Hard labor 183 Total
Without falling into the fallacy, it can be said that the analysis of previous judicial decisions reflect the position of the Court of Cassation of the application of the death penalty, which is to confine the scope of application of the death penalty for ordinary crimes of such magnitude and gravity, provided that the death penalty issued by a competent and independent tribunal, place of origin and in accordance with the law, and avoid cases of error or invalidity in the law and the availability of all the procedural and substantive safeguards for fair trial and to ensure fair and proper administration of justice. To prove this, we recall: 1. Sentence in the appeal No. 6777 of 62 jurisdictions on 3 November, 1993 ... In which the Court of Cassation established jurisprudence to confirm that the absence of operative governance and the record of the sentencing hearing, sentencing, according to the unanimous views of the Court in violation of Article No. 381 of the Criminal
27 Procedure Act nullifies the law, including the provision requiring revocation and re- trial to the criminal court for consideration again. 2. Sentence in the appeal No. 11023 of 61 jurisdictions on 21 March 1993 ... Which established the Court of Cassation ruled that the trial court's failure to respond to pay to hear the prosecution witness, "the doctor" before the chapter on the subject, which is the core of the defenses that would change the face of the case, is a breach of the right to defend, which means that it can not be serious, which invalidate the rule by law and must be set aside and a new trial for a second time. 3. Sentence in the appeal No. 18753 of 65 jurisdictions: the areas in which the Court of Cassation, established for the consideration of this appeal and acquitted the accused on the basis of the invalidity of the impugned provision of Cassation, to be based on the evidence, a verbal recognition of the accused to the police investigations and the prosecution and issuance of the arrest is invalid and produced by physical and moral coercion, and assurance to the Court of invalidity as reported on the course of the investigation began to arrest the accused and arrested without an order from the authorities, more than ten days, it is coercion, which the Court can not find the delivery began after the failure of the investigator to achieve, and not to the Court to check that without the recognition of words who have been attributed to him without the intervention of the investigator in the formulation, including out of the fact that the content is based upon the evidence derived from the waste of this recognition. The confessions came in the absence of defense, and in the circumstances of deliberately cut off to prevent the presence of Inquiry, and, finally, the assurance and the role of the Court to recognize words independently of what preceded the action invalid.
* * * * The study reviewed the "model cases for murder where the death sentence, and we have noted the provisions of the veto for the felony murder with premeditation, we note that sentenced him to death had committed one crime of" willful, "This happened in 112 felony murder or murder deliberately with premeditation, and that a rate of 53.8% of the total number of crimes of murder and 208 of the crime. was found guilty sentenced to death for committing murder in conjunction with another offense, such as: theft, kidnapping, indecent assault or set on fire, occurred in 85 felony murder rate of 40% of the total murders. and coupled with the crime of murder in the number of 9 murder were sentenced to death with a rate of 4.33%. and the offender is found guilty of committing murder in conjunction with three other crimes in two cases only, at a rate 0.95% .
120 100 100 78 80
60
40 17 20 1 0 قت ل عمد قتل مقت رن بجري مة قتل مقترن ب جري متي ن قت ل مقترن ب ثل ث جرائم
We have dealt with some typical cases of murder, whether committed a crime and one alone, or combined with one or more: First: models for murder not combined with other crimes: it is the total number (208) felony murder, has been monitoring the number of (112) felony murder with premeditation or
28 surveillance in accordance with the provisions of Article 230 of the Penal Code. Did not commit these crimes of murder in conjunction with another to commit any crime (felony or misdemeanor). They were numerous and means and methods of the commission of the perpetrators of these crimes, which included: murder by poison, murder by using weapons of solid white or a tool (knife or a knife or a stone or a deer .. living), was killed with firearms. Second: Examples of a murder in conjunction with another offense (felony or misdemeanor), it is the total number of 208 felony murder were observed 85 felony murder only / or with premeditated the crime has been accompanied by another one (a felony or misdemeanor), and a rate of 40.87%. Varied the type of crime associated with the felony murder, the state of the union = dominant murder + robbery, where they were monitoring 68 cases of theft accompanied by the murder rate of 80.0% of the total cases of the combination of the crime of murder and the other one. While the crime of rape combined with murder in 8 cases a rate of 9.41%, the crime of kidnapping and murder combined in 5 cases by 5.88%, and the crime of setting fire with murder in 4 cases a rate of 4.71%. Third: The model of the crime of murder in conjunction with others hit Bjnaitin: 208 of the total number of murders, 9 cases were observed for the combination of crime of murder, and others hit by up to 4.33% of total murders. Like the crime of murder in conjunction with the felony murder + robbery sentence from the Court of Cassation on March 2 in 2005 to challenge the prosecutors in the restricted number 70149 for the year 2004 and with the number 70149 for the 74-year lawsuit. Fourth: Models of the crime of murder in conjunction with three other crimes: it is the decision of the Court of Cassation on Sunday, 5 October 2003 to challenge the prosecutors in the restricted number 4362 for the year 2003 and the scale of the number 73 for the year 4362 judiciary.
* * * * The study also discussed the review of death sentences in rape, noting the study of the statistics available to the criminal justice Egyptian tough for the crimes of rape and indecent assault, in particular, for several reasons, self and community, religious and ethical Denounces all this type of crime for which the behavior of Dani and the deviation of the reflected inherent in the personality of the offender. In addition to the previous reasons, the nature of a pattern of rape, vehicle crimes, as they are usually installed within the framework of the criminal with a combination of several people, including a series of related and interdependent of crimes: the abduction + rape + theft + killed. Of the total number of crimes that have been monitored (228) a felony, a crime has been committed the rape of a 15, if this term with a rate of 6.58% of the total number of crimes. Has been accompanied by the original crime, a crime of rape in the other 7 cases, and combined with two crimes in 7 cases, and combined with three crimes in one case.
Number of attached crimes Crimes Original attached crime 7 One crime Rape 7 Two crimes Rape 1 Three crimes Rape 15 Total
In fact, the details of the crime can be summed in the form of the previous peace is starting from the bottom up so that access to the top of Peace:
Stealth of victim's money
29
Killing the victim for fear of being sentenced to death
The rape of the victim
Catching the victim * * * * In section III study reviewed the death sentences in drug crimes: a review of the provisions of the Egyptian judiciary in drug cases, we note that the justice system does not tend much to the application of the death penalty in these cases, also reveal some of the provisions of the court to find the causes of commutation, sometimes other reasons innocence. In principle, convinced of the criminal justice Egypt, like most of the Egyptian doctrine. The need to limit the application of the death penalty in a narrower range. Therefore, we find that the provisions of the criminal justice in drug cases, decision on the death penalty as an optional, is not inclined to apply the death penalty, and is usually used to find the causes of relief. Only the statistics of the Department's information management to combat drugs, the number sentenced to death in drug cases in Egypt during the period from 1980 to 1990, about (55) sentenced to death as follows:
Number of sentences of death penalty in cases of death penalty in cases of drugs trafficking from 1980 to 1990 Number Statement 7 Sentenced in absentia 6 Sentenced to death penalty and placed in prison 39 Sentenced to death penalty before appeal Sentenced to death penalty after the rejection of 2 appeal 1 People executed 55 Total
According to statistics issued by the Prison Service, the number of those sentenced to prison for drug offenses in Egypt in 1990 about 2926 people) (including 350 people convicted of crimes they bring drugs, and 761 who have been sentenced on charges of drug trafficking, and the provisions of whom is as follows : Death penalty in drugs trafficking Sentence degree Temporary hard Life hard labor Death penalty Number of convicted labor 82 260 8 350 Death penalty in drugs trafficking Number of convicted Sentence degree Death Hard labor Temporary hard labor Prison penalty 761 - 111 597 53
According to previous data, the following conclusions can be drawn: 1. Of the total number (55) death sentences issued by courts in cases of drug crimes, the Court of Cassation accepted the appeal in the number of 39 and overturned a ruling by the death, while 70.9% rejected the appeal and upheld the sentence of death for a number of only 3, which means that the Court of Cassation does not tend to the application of a general trend, the death penalty in drug cases. Among the three cases that the Court of Cassation upheld the death sentence, the case in which "Israel" to bring a quantity of heroin into Egypt in 1985 and was sentenced to death on 6/3/1986
30 by a criminal court, and upheld the veto of the provision in the 5-15 / 1986, provision was not implemented. 2. Of the total 1111 felony drug distributed between bringing drugs (350 offense) and trafficking in the (761 offense) has been only 8 to death at a rate of 0.72%. The rulings were issued in eight death brought drug crimes by 2.2%, while there was no death penalty in crimes of drug trafficking. It also means, a crime that the courts apply the death penalty with great caution in drug offenses. 3. Has not been implemented during the period from 1980 until 1990, only one sentence to death a person is Pakistani) (arrest by customs authorities in Cairo Airport on 16/3/1987, bringing to Egypt a quantity of heroin, and weighed 2.35 meters, was executed on 6-7 / 1989. 4. With regard to the reasons for seeking the causes of criminal justice in cases of patent drugs, the results of the study showed a statistical analysis conducted by the Interior Ministry about the reasons for the conservation and innocence in drug cases 17.39% of the drug seized in 1987 was acquitted by the provisions of the reasons for this is due to: not convinced witnesses in court telling a camera and settings, the lack of cases of flagrante delicto, the officer to testify in private without the rest of the force, conflict of testimony of witnesses, lack of knowledge of the accused, the place of the prevalence of drug seizures, prejudice to the right of defense. Examples include:
1. Appeal No. 30123 of 59-year lawsuit, which was affirmed by the Court that the loss of the right to invalidate the rule 2. Appeal No. 24526 of 59-year lawsuit, which was affirmed by the Court not to take the view that the Mufti government in the case before ruling nullifies requires it. 3. Appeal No. 20997 of 60-year lawsuit, in which the Court ruled that the lack of separation of the application of the court's response before deciding the issue of governance 4. Appeal No. 17097 of 62-year lawsuit, which the Court ruled that the failure to respond to a request by the defense of the Certificate of hearing evidence in the case before hearing, nullify the provision for the breach of the right to defend, including the provision must be set aside.
* * * * In the third topic of the third chapter dealt with the applications of the death penalty for crimes of a political nature. Marked the period since the year 1992 until the end of the year 1998 a major expansion of the death sentences in many of the crimes of a political nature, which was issued during this period, 117 death sentences, 94 of which issued a ruling of the courts of military justice, and rule 23 of the Supreme State Security Courts lived 26 sentenced to death by the issuance of three new provisions in the case of "the Taba explosions" in November 2007. In "Section I" dealt with the study of death sentences issued by military courts. Where the government has expanded with the escalation of acts of violence by armed Islamic groups during the twentieth century, the referral of civilians from the members of these groups to trial before military courts, the expansion of the death sentences against the civilians involved or suspected of involvement in acts of violence and terrorism. Egyptian authorities also undertook to carry out the death sentences as a matter of urgency, without paying heed to the repeated condemnations of the phenomenon of the trial of civilians before military courts.
During the period from December 1992 until mid 2008 transmitted by the President of the Republic (37) issue of military courts, on the basis of article 2-6 from the martial law No. 25 of 1966 which provides that: "When the President declared a state of emergency to transmit to the military justice, any of the offenses punishable under the Penal Code or any other law ". It should be noted that the United Nations Human Rights Committee, have criticized in a session held on July 19, 1993, the dual role played by the President of Republic, in accordance with Article 2-6 from the martial law, as it sometimes appears that the chief
31 executive, and at other times it seems part of the judicial system. Included cases referred to the military justice until 2008, about 1134 civilians accused of belonging to the Islamic trend, the various organizational affiliations. The judgments in the past (13) issues of any military death sentences against the accused of the 365 accused. While a (94) sentenced to death in the rest of the military issues (23) included the issue of 769 accused, with a rate of 12.22% of the total number of sentences issued by military courts, which is high and a serious view of the fact that the defendants on death row are deprived of the review of these provisions to a higher court under martial law.
250 213 211 200
150 107 82 100 65 65
31 26 50 13 21 9 2 10 8 0 س نة 1992 س نة1993 س نة1994 س نة1995 س نة1997 س نة1998 س نة1999
26 211 65 82 213 65 107 عد د المتهم ين 8 31 21 10 13 2 9 عد د أح كا م العد ام
Long and death sentences issued by military courts, three persons belonging to the Islamic militant organizations, namely: the organization of Islamic Jihad (37) sentenced to death; the Islamic group (51) sentenced to death, Al Hawkion (4) the provisions of the death penalty. The remaining provisions have been issued in the case of "Egyptian Museum", No. 65 of 1997, military crimes, which do not know the organizational identity of the perpetrators of the incident. And in violation of military trials of civilians legal guarantees of fair trial and fair 6, 14, 15 contained in articles of the International Covenant on Civil and Political Rights ratified by Egypt (and, between them the right of the accused to appear before the courts, which has independence and impartiality, and the right to appeal before a higher court, and the right to seek amnesty. Since military judges are military officers) (staff appointed by the Secretary of Defense for a period of two years subject to renewal ( ), and thus subject to dismissal, promotion and other regulations set forth in the laws of military service , not all the safeguards provided for their independence, as they do not have sufficient experience in the application of criminal laws to civilians. Has revealed the path of military trials of civilians that took place during the period from 1992 until late 1998, most of the waste of the safeguards and international standards of procedural and substantive, which involved the application and the proper administration of justice, including:
1. Breakdown of the principle of openness: on the contrary to the provisions required by the Constitution and international human rights standards of the need to respect the principle of public trial. This principle has been missed in many of the military trials were characterized by many of the confidential nature of the trials. 2. Waste of the right of defense: it was characterized by most of the trials which took place in front of military justice, the nature of speed, decisiveness and the short duration, have been impossible to obtain lawyers for the defendants enough time to inform and prepare their defense, although the magnitude of the military proceedings papers and the severity of the charges and the large number of defendants and the severity of sanctions.
32 3. Failure to pay attention to the arguments for the invalidity of confessions made under duress and torture: the trials of military ignored the allegations of their having been accused of torture and coercion to extract confessions from them, despite the prosecution of the debate some of the effects of torture on the bodies of the accused during the investigation, and forensic reports to confirm the existence of the effects of torture on the bodies of some of the about what happened in the case of "Hurghada." 4. Excessive use of the death penalty, although some of the issues free from any charges for doing so: For example, what happened in the "Mahmudiya" where was sentenced to death two of the defendants, despite the absence of the indictment of any charges of involvement in specific crimes from crimes of violence and terrorism. Where the indictment was limited to: the accused to join the group, founded on the otherwise law designed to disrupt the provisions of the Constitution and laws and to prevent the state institutions and public authorities from exercising their work, and the terrorism of the means used to achieve their purposes, and to have been involved in a criminal purpose is to commit a murder and the heart system of government by force.
Military cases issued death penalty sentences Number of Case Number of death Case Date number defendants penalty sentences 1 Returnees from Albania 24/92 01/12/1992 26 8 2 Killing the officer Ali 01/02/1993 1 1 Khater 3 Harming tourism 6/93 01/02/1993 49 7 4 Ministry of Media 11/93 01/05/1993 14 6 5 Showkyeen 913/93 01/08/1993 32 4 6 Zinhom incidents 19/93 01/09/1993 8 2 7 The organization of 19 10/93 01/10/1993 19 2 Fath missions 1،18/93 01/10/1993 55 8 8 Fath missions 23،3/93 01/10/1993 33 1 9 10 Sidi berany 1/94 01/02/1994 6 3 11 Prime minister 2/94 01/03/1994 15 9 12 Minister of interior 10/94 01/07/1994 17 5 13 Mahmoudia 19/94 01/08/1994 11 2 14 Hurgada 23/94 01/12/1994 16 2 15 Nagib Mahfouz 24/94 01/01/1995 16 2 16 Jehad reorganization 5/95 01/05/1995 42 2 17 Returnees from Sudan 12/95 01/11/1995 24 6 18 Magda and Marwa 24/96 01/01/1997 19 4 cinema in Helwan 19 Banks explosions 56/97 01/09/1997 98 4 20 Khan El Khalily 60/97 01/10/1997 87 3 21 Egyptian museum 65/97 01/10/1997 9 2 Abu Rawash 59/98 01/02/1998 65 2 22 organization 23 Returnees from Albania 6/98 01/04/1999 107 9
Total 769 94
33 And dealt with in section II: the death sentences issued by the Supreme State Security Courts, "an emergency" The problem, according to the Emergency Law No. 162 of 1958, which is considered a form of special courts for the lack of internationally proscribed standards of justice and equity. Thus, the transfer of the accused to trial before the court that is a source of renewed violation of the right to life. Those issued in the courts during the period of 1992 through the end of the year 2007 (26) the death sentence, issued after the trials are unfair and lacks adequate safeguards for the proper administration of justice.
Accordance with the provisions of Emergency Law No. 162 of 1958 by the Supreme State Security Courts, "emergency" mission, which is in violation of the orders of the emergency authority , as well as common-law crimes referred to it by order of the President of the Republic or his substitute . It also mentioned that the authority of the emergency organization of the Supreme State Security Courts "emergency" and set up and trial proceedings, in accordance with Article (12) of the Act prohibits the emergency appeal in any way to the Supreme Court, in the judgments of the Supreme State Security Courts, "emergency", and that the provisions of from those courts do not become final only after ratification by the President of the Republic or his substitute, and in that out explicitly on the principle of procedural legality of the organization. The assignment of the President of the Republic or his substitute to the ordinary law courts of the Supreme State Security, "Emergency", which is according to the jurisdiction of origin of natural justice the state Assembly, is forced to the authority of legislation and contrary to the principle of legality and a violation of the principle of judicial independence and interference in the administration of justice, in violation of the principle of equality between citizens.
Accordance with the provisions of Emergency Law No. 162 of 1958 by the Supreme State Security Courts, "emergency", which is in violation of the orders of the emergency authority , as well as common-law crimes referred to it by order of the President of the Republic or his substitute . It also mentioned that the authority of the emergency organization of the Supreme State Security Courts "emergency" and set up and trial proceedings, in accordance with Article (12) of the Act prohibits the emergency appeal in any way to the Supreme Court, in the judgments of the Supreme State Security Courts, "emergency", and that the provisions of from those courts do not become final only after ratification by the President of the Republic or his substitute, and in that out explicitly on the principle of procedural legality of the organization. The assignment of the President of the Republic or his substitute to the ordinary law courts of the Supreme State Security, "Emergency", which is according to the jurisdiction of origin of natural justice the state Assembly, is forced to the authority of legislation and contrary to the principle of legality and a violation of the principle of judicial independence and interference in the administration of justice, in violation of the principle of equality between citizens. Have paid the defendants in most cases considered in the courts of the Supreme State Security Emergency, which invalidated confessions because they the result of coercion and torture, if any, effects on the bodies of many of the defendants, and could not defend the accused to communicate with them, not floating time to get acquainted and to prepare the defense. This happened in the case of "riots in Suez", the accused 18 members of Jemaah Islamiyah, which ruled that the Supreme State Security Court, "emergency" June 6, 1995 execution of three members of the group and sentenced to imprisonment and hard labor for the rest of the accused, on charges of participating in a rally objective of the attack the police, and attacks on security personnel with stones and firearms-and-white, resulting in the death of the police Hosni Abdel-Shafi, despite the fact that the defendants emphasized the nullity of all the procedures for arrest and search, and the invalidity of confessions as Walid torture and physical and moral coercion.
34 There was also, in the three cases considered by the Emergency State Security Courts in 1996, which issued the death sentences session. April 2 issued in the Supreme State Security Court in Cairo ruled in the case of "the organization of Aswan" in which 29 people accused for the murder of three police officers and wounding others in the violence in Aswan in 1993 The court ruled the execution of three accused, and imprisoned 19 suspects and acquitted seven accused. On September 30, 1996 SSSC "emergency" in Cairo, ruled in the case of "Organization of Qena" in which 23 people were accused for the murder of Major General Mohamed Abdel-Hamid Gbarp in 1993, the Court ruled the execution of two of the defendants in absentia. In December 2, 1993 SSSC "emergency" in Cairo ruled in the case of "Organization of Assiut," where the accused for the murder of 32 people Shimi Brigade and others during the armed attacks in Asyut in 1993, and sentenced to death five accused. The same is, in the case of "the Taba explosions" that took place in October 2004, has issued an emergency state security court in Ismailia on November 30, 2007, provisions in the case, condemning to death by hanging three accused, namely: Obojerir Alyan Muhammad Yunus and Osama Mohammed Abdul-Ghani Nakhlawi and Mohammed Jaber Sabah . Where the Court did not heed the claims of the defendants that they were tortured to force them to confess, the court did not order a medical examination only to some of the defendants who said they were tortured, and no checks will be conducted only after months of torture alleged by the defendants. The forensic reports on the alleged torture, which it suspects that the body bore signs consistent with torture, but it was not possible to determine the cause because of the time that has elapsed since the alleged torture by the defendants. The defendants complained of lack of sufficient time is allowed for them to view the files of the case and prepare their defense, where they have not seen the case files was not allowed to meet with the accused only in the first meeting of the trial and beyond.
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