In the framework of Maat Center for Juridical and Constitutional Studies' activities in order to limit using death penalty as a punishment, the center held In cooperation and coordination with Oman Centre for Human Rights Studies a workshop on Sunday 30th March in the steamboat Amberial in Zamalic, the workshop was entitled (Limiting Death Penalty Application in the Egyptian Litigation).
Number of judges, jurists, representatives of Egyptian parties, and a representative of Amman Center for Human Rights Studies participated in the workshop.
At the beginning of the workshop Mr. Ayman Oqeel, the administrator of Maat Center for Juridical and Constitutional Studies, talked illustrating the progress occurred in civil society's movement in Egypt to limit death penalty application. This progress resulted in the foundation of the Egyptian Alliance to Challenge Death Penalty, which participated amongst nine countries in the regional alliance to limit the application of this punishment. Mr. Ayman Oqeel asserted that suggestions and recommendations of the workshop will presented before the conference that will held in the Swedish Institution in Alexandria on May 12th 2008, with cooperation of Maat Center for Juridical and Constitutional Studies, The International Organization for Criminal Reform, and Amman Center for Human Rights Studies in Jordon.
Oqeel, in his speech, explained that death penalty was used in some countries to get rid of its political enemies; hence keeping human rights cannot be a justification for some peoples to violate others' lives especially as death penalty is the only punishment that cannot be corrected if the accused person was proved innocent.
The aim of punishment is betterment and determent not vengeance and revenge; international charters and treaties that called for limiting this punishment and reducing its application asserted this. In addition, some Arabic countries work for limiting this punishment, for example, Tunis, Palestine, Algeria, Lebanon, and Morocco, Morocco stopped issuing any death sentences in different cases since 1993, Oqeel pointed out.
Oqeel mentioned that in Egypt there are two groups, the first supported keeping the punishment as a mean of determent and protecting security in society, as three members in People Assembly called for applying this punishment in public. On the other side, the second group calls for canceling the punishment because the judge could be deceived by suspected evidences and presumption. In addition, the social contract between citizens and government based on the authorization in order to achieve citizens' interest not to kill them.
Mr. Manhal Al Saeeda, representative of Amman Center for Human Rights Studies, talked in his speech about he center's experiences in the field of the Arabic Alliance to Challenge Death Penalty ,which has local forms in Jordon, Oman, Morocco, Egypt, Palestine, Lebanon. Mr. Manhal explained that one of the alliance's aims is to assure the direction to different Arab countries to include them in some studies to measure the effect of death penalty application in achieving determent and restraining and another studies around substitute punishments in the case death penalty is cancelled. He also asserted the important role of civil society organizations in achieving this role demanded to protect human rights in different Arab countries.

Dr. Essam Al Feqi, discussed in his paper the argument raised by death penalty in all levels asserting that the Pharaoh Egypt is the first country in history that cancelled death penalty and substituted it with exile and hard work in workings for public interest. He criticized the Egyptian situation, announced in the United Nations' Public Assembly, that it refused stop death penalty. Al Feqi also asserted that he refused the justifications mentioned by the Egypt representative in United Nations to justify his refuse for stopping death penalty as he said that it is a mean to achieve determent and justice and to limit vengeance spirit asserting that deleting death penalty regarded as a contradiction to Islamic Legislation.
Al Feqi confuted these justifications, as he sees them not persuasive because it is a punishment with which wrong application cannot be corrected, also its effect in achieving public determent is doubtable, he mentioned as a prove that: the countries cancelled death penalty did not witnessed an increasing in levels of the crimes used to have death penalty as punishment .
Concerning that canceling death penalty contradicted with Islamic Legislation Al Feqi explained that death penalty is not a punishment in Islam except in three cases, which are adultery done by married person, willfully killing, and highway robbery.
Then Al Feqi turned to the punishment in new legislations asserting that he is against widening its use. He demanded canceling it in drugs crimes and refused using it as base in legislation, and then he called for applying it in just four or fife crimes. He asserted that guarantees set by legislator is not enough because judges consensus could be a theoretical one if the chief justice is a strong man and Mufti's opinion is a consultative one and it might be ignored, also submitting the case before Court of Cassation is not a good thing because every one can do this and because Court of Cassation concerning about the sentence and do not retrial the accused as it is a court of law not of real.
With regard to the contradiction of the abolition of the death penalty with Islamic law, Al-Fiqi clarified that execution is not a punishment in Islam except in three cases: adultery, premeditated murder, and the crime of warring action.
Al-Fiqi moved to punishment in modern legislation, stressing that he is against expanding its use, demanding the necessity of abolishing it in drug crimes and not using it as a rule in legislation, demanding that its application be limited to four or five crimes only, stressing that the guarantees established by the legislator are insufficient in terms of consensus among judges. It could be my opinion in the case of a strong head of the department, and if the mufti saw a consultant that could not be taken, and that presenting the case to the Court of Cassation is not an advantage considering that everyone can resort to him in addition to the fact that the Court of Cassation is not an advantage considering that everyone can resort to him in addition to that The Court of Cassation is concerned with the trial of the judgment and not the re-trial of the convicted person again as it is a court of law and not a reality.
Consultant Hesham Al Bastawysi, Court of Cassation's vice-president, said in commenting on the paper that the discussion is not done scientifically because we adopt an idea then we search for evidences to support it which is really a reversed logic. There is a mixing between legislation job and governance requires because changing society is not the legislation's aim but it is the aim of other bodies, he asserted. He regarded the matter as using legislation in the wrong place asserting that in Egypt there are many laws that were set for especial purpose, especially in punishment sides, so they never applied and they are denied by society for example, Cleanliness Law and Traffic Law.
Al Bastawysi asserted that what is applied in Egypt is not the Islamic Legislation but it is some bodies' notion about it, it is important to abide by Islamic Legislation or to leave it completely without selecting because Islamic Legislation gives the judge an unlimited freedom controlled by conditions to ensure his freedom and to prevent any interference in his personal affairs. Judge's task is to achieve justice not to apply law, as law regarded to be the mean to achieve justice, he added.
Al Bastawysi explained that Arab countries are not the only countries refused to cancel death penalty; however, there are other countries like Japan, China, and East Asia who are more strict in refusing canceling the punishment because of their believes. He also talked about guarantees of death penalty explaining them; he asserted that the judge could release the accused person if he has any doubt about accusation, mufti's consultation even it is possible to ignore it but it is a chance for the judge to review the matter, at last Court of Cassation is not a court of law but it is a guarantee for more experiences to view the case.
Al Bastawysi explained his refuse to the texts set in drugs crimes asserting its negative effect in achieving justice. Then he demanded limiting death penalty not canceling it, as it is important to be applied in cases of premeditated murder, and in the case of kidnapping a woman and raping her because it is agreed with society's culture to set death penalty in these cases and if this sentence dose not applied officially so people may do it themselves.
Al Bastawysi also called upon canceling death penalty in state security cases especially in those cases regarding spying or exchanging information with enemies in time of war. He ended his speech asserting that the problem is that there are some judges who were convinced by the state that their job is just to apply law so this cause many social problems.
In the second session Mr. Esam Sheeha, lawyer and member in the high institution in Al Wafd party, Mr. Hamdi Al Asyooti, lawyer and (freedoms secretary in Al Tagammoa party), and Mr. Ahmed Abd Al Hafeez, lawyer and (member of the political board in Naseri party) were talked. In this session, articles that set death penalty in the Egyptian law were discussed.
At the end of the workshop participants agreed, that death penalty may be kept in four cases:
At the end of the workshop, the participants agreed that the death penalty would remain in four cases: -
- Kidnapping a woman and raping her without her approval.
- Crimes of premeditated murder.
- Crimes of high treason.
- Spying and exchanging information for the benefit of foreign country in the time of war.
It is important to review the other articles to cancel it, as it is an excess with no benefit, a session was formed of Mr. Ayman Oqeel, Mr. Esam Sheeha, and Mr. Hamdi Al Asyooti in order to form the final recommendations.