On 8 September, a Cairo Criminal Court confirmed the sentences delivered at a mass trial in July involving 739 people who were convicted on charges of illegal gathering, involvement in violence and incitement to break the law. The rights of the accused to present evidence in their defence were not guaranteed as required by the principle of fair trial. All individuals participated in protests led by the Muslim-Brotherhood in 2013, which were severely repressed by the military, resulting in the deaths of hundreds.
“It is even more appalling that this decision was taken right after the adoption of the law exempting military officials suspected of committing serious human rights violations, between 3 July 2013 - the day the military overthrew Mr. Morsi’s Government, and 10 January 2016, from legal responsibility,” the experts said.
“As a matter of priority, the international community must act to ensure international human rights standards are applied and that human rights violations committed by State officials don’t go unpunished.
“We call on the Human Rights Council to take action on Egypt, and send a strong message to all States that they have a duty under international law to investigate arbitrary killings and prosecute those responsible as well as to apply due process and fair trial standards,” the experts said.
“We are shocked by this judicial decision. The exercise of fundamental freedoms should never be considered a crime and impunity should never be accepted.
“Any executions carried out under such conditions, without full respect for fair trial standards, would amount to arbitrary deprivations of life,” they said, highlighting their previous call for Egypt to halt all pending executions following repeated allegations of unfair trials.
The heavy prison sentences adopted in this case are also in complete violation, not only of the fair trial rights but are grossly disproportionate and, therefore, may well amount to cruel, inhuman or degrading punishment.
* The UN experts: Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders; Mr. Clément Nyaletsossi Voulé, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ms Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions; Mr. Nils Melzer, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.