Having been detained since 29 June 2013, in conditions that violate any and all appropriate standards, and in circumstances that render his detention arbitrary, and therefore unlawful, a Petition of Complaint has now been filed with the Special Procedures Branch of the United Nations by Guernica 37 International Justice Chambers, on behalf of Dr. Mohamed Morsi, the former President of Egypt, with a request that it investigates the situation and reports accordingly.
Dr. Mohamed Morsi the first democratically elected President of Egypt was removed from power following a military coup d’état.
Thereafter, on 29 June 2013, he was arrested and detained on the basis of 5 purported criminal charges, namely:
Dr. Morsi has now been held for over four years.
For the initial 5 months, he was held incommunicado, his place of detention only being disclosed when he was initially brought for trial on 4 November 2013.
This flagrant breach of his fair trial, and due process rights, was replicated throughout the trial process, leading to his conviction, wherein, Dr. Morsi was:
The derogation from international standards does not end with the trial process itself however; Dr. Morsi is forced to endure standards of detention that have no place in any State, much less one that purports to respect the principles of democracy and fairness.
Over the past four years of detention Dr. Morsi has:
There is information to suggest that he has been assessed by a doctor, however, this is not confirmed. Further, he has not been assessed by an independent doctor, and therefore any diagnosis made is unlikely to be credible given that he has been certified as not requiring medical attention previously, despite his documented serious health conditions.
Regardless of whether he has been assessed or otherwise, the position remains criticial.
Egypt is a State party to the International Covenant on Civil and Political Rights, and is therefore bound by its Articles.
Consequently, in holding Dr. Morsi in such conditions, and forcing deliberate unfair trial practices upon him, Egypt is intentionally, and wilfully, acting outside of international law; in doing so, it is therefore highlighting that it no longer has any respect for the Rule of Law, particularly for those it deems to be in opposition to the ruling elite.
All individuals, including the former President, when charged with any criminal offence, or when detained in custody, deserve to be treated with the same impartiality.
All such individuals, regardless of the country in question, must have their fair trial rights protected and upheld, and further, must be held in conditions that are suitable.
These are obligations from which there can be no derogation, and yet, in the case of Dr. Morsi, and hundreds if not thousands of others that have come before the Egyptian Criminal Justice System, Egypt is content to ignore its obligations under national, and international law, and operate a position of conviction at all costs.
The Petition submitted on behalf of Dr. Morsi requests that an immediate investigation be undertake.
In the meantime, the Egyptian Government is called upon to:
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