Summary of the Complaint
- The Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat), received a complaint on 8 April 2014 on behalf of Ahmed Ismael and 528 Others (the Victims), from the Freedom and Justice Party of Egypt (the Complainant), who are represented by Lord Ken Macdonald QC, Prof. John Dugard SC, Michael Mansfield QC, Stephen Kamlish QC, Rodney Dixon and Tayab Ali (the Representatives).
- The Complaint is submitted against the Arab Republic of Egypt (Respondent State), State Party to the African Charter on Human and Peoples’ Rights (the African Charter).¹
- The Complainant alleges that the Victims comprise members or supporters of the Freedom and Justice Party of Egypt (FJP), as well as various secular, liberal and non-aligned groupings.
- The Complainant submits that on 22 March 2014, the Criminal Court of Minya in the Respondent State conducted a hearing that lasted less than one (1) hour. Five-hundred and forty-five (545) defendants stood accused for various alleged crimes, including the murder of a policeman in August 2013, the attempt to kill two (2) other persons in the alleged incident, damaging public property, illegal public assembly and membership of a banned organisation in Egypt; the Muslim Brotherhood. It adds that on 24 March 2014, the Court found five-hundred and twenty-nine (529) defendants guilty and sentenced them to death.
- The Complainant argues that the trial that led to the imposition of the death sentences was a complete sham. It states that ‘the “trial” lasted less than an hour. Many of the defendants were not even present. Defence lawyers were silenced and unable to present any defences. The prosecution did not present any evidence against each individual accused and the court did not assess the individual guilt of each defendant before sentencing them to death.’
- The Complainant also argues that only 69 of the defendants, who were in police custody were present in court for the summary hearing on 22 March
¹ Egypt ratified the African Charter on Human and Peoples’ Rights (the African Charter) on 20 March 1984.
2014 while 291 others were tried in absentia. It also alleges that the judge handed down the verdict on 24 March 2014 in the absence of all the defendants and their lawyers, and without giving reasons for his findings.
- According to the Complainant, the Court did not assess the individual guilt of the defendants; instead it merely pronounced on their guilt as a group without hearing any evidence as to their individual criminal responsibility. In the Complainant's own words, "it was as though no judicial proceedings took place at all..."