The African Commission on Human and Peoples’ Rights (the Commission) deeply regrets the execution of Mohammad Bakri Mohammad Haroun, Hani Mustafa Amin Amir, Muhammad Ali Afifi Badawi, Abdel Rahman Said Rizq Abu Srei’, Khalid Faraj Mohamad Ali and Islam Said Ahmad Ibrahim, on 17 May 2015, in the Arab Republic of Egypt.
These executions were in violation of the Commission’s request to the Government of the Arab Republic of Egypt, for a stay of the execution of the death sentences against the named persons, pursuant to Rule 98 of its Rules of Procedure.
The Commission reiterates its opposition to the imposition of the death penalty as it constitutes a violation of Article 4 of the African Charter on Human and Peoples’ Rights (the Charter), which specifically prohibits the arbitrary deprivation of the right to life and enshrines the integrity of persons. Article 5 of the Charter also prohibits cruel, inhuman or degrading punishment and treatment.
The Commission recalls its position in favour of the abolition of the death penalty in Africa which is informed by various reasons, including that there is no conclusive evidence of the deterrent value of the death penalty; any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable; and there are alternative effective forms of punishment that can be imposed instead of the death penalty.
The Commission urges the government of the Arab Republic of Egypt to observe a moratorium on the execution of death penalty in conformity with resolutions ACHPR/Res.42 (XXVI) of the Commission and 62/149 of the General Assembly of the United Nations.
Banjul, 21 May 2015