Report on the Death Penalty in Egypt
Reduction of the provisions of the Death Penalty issued by the natural justice in Egypt Monitoring of the Judgments of the Death Penalty for the years (2009-2010-2011)
First: guarantees of the death penalty in legislation and international conventions. Second: Egyptian legislator's approach on the death penalty. Third: guarantees of the death penalty in Egyptian legislation. Fourth: Assessment of guarantees of the death penalty in Egypt. Fifth: statistics on the application of the death penalty in Egypt for years (2009-2010-2011) Sixth: The outcomes and extracts
First: guarantees of the death penalty in legislation and international conventions1. In November 1968, the UN General Assembly passed a resolution establishing some legal guarantees which should be available during the application of the death penalty. This resolution called upon the Governments of the States which have not abolished the death penalty to ensure the following guarantees: 1- No sentenced to the death penalty is deprived of the right to appeal the ruling to a higher judicial authority or of the request for pardon or commutation of the sentence as the case may be. 2- Non-execution of the death penalty only after using remedies, pardon procedures or commutation of the penalty as the case may be. 3- Pay a special attention to indigent persons through providing legal assistance to them in all stages of the proceedings. The UN General Assembly passed a resolution in December 20, 1971 affirming that: "the goal that must be pursued for achieving the full guarantees of the right to life set forth in Article (3) of the Universal Declaration of Human Rights, is gradual reduction of the number of crimes may be punished by a death penalty, on the grounds that the desirable thing in the end is the abolition of the death penalty in all countries." In 1984, The UN Economic and Social Council (ECOSOC) has adopted Resolution No. 1984/50, dated January 25, 1984, which sets the safeguards guaranteeing protection of the rights of those facing the death penalty. The resolution called upon the Governments of the States which have not abolished the death penalty to ensure the following safeguards: 1. In countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or other extremely grave consequences.
2. Death Penalty may be imposed only for a crime for which the death penalty is prescribed by law at the time of its commission, it being understood that if, subsequent to the commission of the crime, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. 3. Persons below 18 years of age at the time of the commission of the crime shall not be sentenced to death, nor shall the death sentence be carried out on pregnant women, or on new mothers, or on persons who have become insane. 4. Death Penalty may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts. 5. Death Penalty may only be carried out pursuant to a final judgment rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings. 6. Anyone sentenced to death shall have the right to appeal to a court of higher jurisdiction, and steps should be taken to ensure that such appeals shall become mandatory. 7. Anyone sentenced to death shall have the...
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