Ikhwanweb :: The Muslim Brotherhood Official English Website

Tue109 2018

Last update19:14 PM GMT

Back to Homepage
Font Size : 12 point 14 point 16 point 18 point
:: Arab Revolutions > EGYPT
ICC Complaint Will Continue Despite Prosecutor’s ‘Wrong’ Decision
ICC Complaint Will Continue Despite Prosecutor’s ‘Wrong’ Decision
On Friday 25th April 2014 the ICC prosecutor, Mrs Fatou Besouda, informed the democratically elected government of Egypt that the complaint submitted by them detailing serious allegations of international crimes cannot proceed.
Thursday, May 1,2014 21:50

Representatives of the democratically elected Government were notified of MrsBensouda’s decision in a personally signed letter dated 23 April 2014. Thedemocratically elected Government’s legal team today announced that the decision will not prevent accountability through the International Criminal Court. The distinguished legal team which includes former UK Director of Public ProsecutionsLord Ken Macdonald, former UN Special Rapporteur Professor John Dugard and ICC specialist Rodney Dixon QC are preparing to take the matter to the ICC Judges.

The complaint sent to the ICC contained strong evidence of serious criminal acts perpetrated by the military regime responsible for the coup d’état which resulted in death of over 2000 protestors and the detention of 20,000 people including President Morsi and members of the democratic Government. In meetings held with the ICC,senior officials had accepted that serious crimes had been committed in Egypt since the coup and equated the crimes to those that have been committed in Syria.
The ICC complaint contained an Article 12 (3) declaration, which allowed the ICC to investigate the situation in Egypt. It contained a clear and reasonable legal basis for opening a preliminary examination into the situation in Egypt and was supported byindependent opinions from leading international law experts. In contrast, the ICC Prosecutor accepted jurisdiction over the Ukraine as a result of a similar declaration. The ICC announced the Ukraine decision on the same day as informing the democratic Government about the Egypt decision.
Lawyers representing the government have expressed serious concern at the manner in which the decision was taken. The decision has been described as ‘wrong in law and devoid of proper and independent legal analysis’.
Tayab Ali of ITN Solicitors who acts for the democratically elected Government said:
‘We are instructed to take with immediate effect further legal action at the ICC to seek to defend the rights of the thousands of victims of the military's violent campaign to crush all opposition and maintain the illegal coup.
We do not agree that the ICC Prosecutor is able to administratively determine that the democratically elected Government of Egypt’s referral cannot proceed. Accordingly we will lodge an appeal with the ICC requesting Judges to review the decision made by the Prosecutor. The ICC was established to prevent international crimes and defeat impunity for those responsible for committing them. In a strong case such as this it is not appropriate for an incorrect administrative decision to prevent accountability for the many well-documented crimes that have been committed in Egypt
I am very disappointed by Mrs Bensouda’s personal decision which would cause the ICC to turn its back on investigating and deterring these crimes. It is surprising that the prosecutor has taken this decision in this way and more so when contrasted with the African Union’s decision in respect of death sentences, which has taken strong and positive steps to uphold human rights' protections in Egypt. The Chairperson of the African Commission has written to the Egyptian interim authorities directing that they suspend the death sentences and uphold international human rights law.
The complaint lodged at the ICC was based on sound legal principles, which although being clearly presented to the Prosecutor, have been entirely ignored. In addition the complaint contains the clearest evidence that the military regime in Egypt is responsible for committing crimes against humanity, which include murder, torture and enforced disappearance.
It should not be forgotten that the complaint rejected by the ICC prosecutor was in respect of a regime that has unarguably committed crimes against humanity against its own people and recently sentenced hundreds of people to death following trials that lasted only minutes.
It is of serious concern that on the same day that the ICC has recognized the declaration of the Ukrainian government for the killings of protestors, the Prosecutor has notified the democratically elected government of Egypt that its declaration is not acceptable and that those killed by the military regime cannot be investigated by the ICC.  The paradoxical positions taken about the two situations appear to suggest the process used by the Prosecutor to determine the similar complaints was at best seriously flawed and at worst inappropriately politically motivated’.
tags: Egypt / UK / UN / Syria / Anti-coup / Criminal Court / Ukraine
Posted in EGYPT  
Add Comment Send to Friend Print
Related Articles
Egypt National Alliance Rallies Outside 'Privatized' Public Prosecution Service Sunday
PRESS STATEMENT: African Commission Orders Egypt to Suspend Death Sentences
PRESS STATEMENT: ICC confirms Egypt complaint still under consideration
FJP Leader Erian Tribute to Egypt Christians Republished
Egypt Anti-Coup National Alliance Calls for Continued Peaceful Protests
Press Release: Mass Sentencing to Death of 529 Egyptians Violates Judicial Norms
Statement by International Coalition for Egyptians Abroad on the Anniversary of March 19
Egypt's coup has plunged the country into catastrophe
Egypt Journalist Movement Condemns Military Trial of Human Rights Activist Khaled Hamza
Pro-Democracy National Alliance Criticizes Saudi Support for Repressive Junta in Egypt
Muslim Brotherhood Statement: Egyptian Women Suffer Inhuman Coup Crimes
Egyptian Women Condemn Deportation of Activists From Cairo Airport Friday
Muslim Brotherhood, Egypt Anti-Coup Icons Reject Government Rabaa Massacre False Report
Hamas: Egyptian Court Ban on Movement Activity Political Decision
Muslim Brotherhood: Military Junta Jails and Kills Egypt Future Generation
Military Trials Against Journalists Continue in Egypt
Egypt Pro-Democracy National Alliance: Government Resignation Does Not Absolve Collaborators of Guilt
Egypt Students Union Vice-President Slams Return of State Police on Campus
Human Rights Monitor Condemns Violence Against Women Opposed to the Coup in Egypt
Pro-Democracy National Alliance in Damietta, Egypt: Detainee Torture Crimes Will Be Punished