Military Case No.108 …
Denshaway in Alexandria!!
International organization for the Protection of Human Rights - SPH
Rights Monitor - HRM
Kingdom - April 2019
the creative common license - Version 4.0
– Executive summary.
of the Death penalty and death sentences in Egypt.
death sentences which were executed in political cases.
death sentences awaiting implementation.
Case No. 108... New Denshaway.
details and Charges against defendants.
prominent violations against the accused in the case.
prominent violations of fair trial standards and guarantees.
must be provided to the sentenced to death.
Out of its concern for the “right to life”; the
modern world is heading towards abolishing the death penalty, and to elaborate
new alternative penal sanctions that preserve human dignity and targeting
enhance the offenders and to merge them in the society as a productive member
instead of killing them.
The right to life is an intrinsic and inherent right
of the human being, which cannot be robbed by an individual, body or authority.
Some of the legal systems that retain the death penalty have limited this
penalty to the most serious crimes, which threaten the survival or community
peace of States, and have taken strict measures and guarantees to minimize any
possible errors in the execution of such punishment.
However, this is not the situation in most of the
states that we can describe as repressive, in which the governor has all the
powers, he has the power to enact and enforce laws or to influence the
legislative makers, and to appoint the bodies of the judicial, executive and
legislative branches to be--merely--instruments in his hand and to carry out -only-
his vision to administer the country.
Considering the circumstances that Egypt live, and the
Constitution Amendments that are planned to be passed this year, Egypt can be
described as a suppressive country, legalizing widespread systematic crimes in
accordance with its three authorities "The legislature, the executive
and the judiciary authorities".
The years after July 3rd, 2013 carried mass executions
by exceptional courts like terrorist circuits and military courts, under the
absence of fair trial guarantees and standards.
And speaking of the judicial system, or the so-called
"justice system", fair trial guarantees are the indication that
the juridical authority is independent. These guarantees are rules that every
individual should follow, through which we conclude the integrity of the
International Organization for the Protection of Human Rights-SPH" and "Human Rights Watch-HRM"
monitoring and documentation units followed up with a lot of judgments that
ended up with executions, and closely watched the procedures of these
"political" cases to assure whether these courts adhere to the fair
trial standards agreed by the International Society, Egyptian Constitution and
the relevant national domestic laws like the Penal Code and the Criminal
Earlier, many reports about executions in Egypt were
issued, discussing the danger of the litigation procedures, and the violation
of fair trial guarantees.
Most independent reports concluded that most of the death penalties were mass
executions, and under a complete absence of fair trial guarantees enshrined in
the international conventions, and that these trials did not guarantee any of
the charged freedoms or rights granted by the constitution and the related
international conventions, like the Universal Declaration of Human Rights, The
International Covenant on Civil and Political Rights, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
Standard Minimum Rules for the Treatment of Prisoners … etc.
Through this report, we shed the light on Military
Case No. 108 of 2015 Alexandria military felonies, in which fourteen citizens
were sentenced to death, ten of which in their presence, apart from several
life sentences, Supreme Court for Military Appeals shall hear the appeals on
This case that is most likely to be the “New Denshaway
Massacre” for having mass execution judgments that went against fair trial
standards, and also against the constitutional provisions, this report provides
the violations as monitored by the monitoring and documentation units, since
the start in March 2015, through the procedures, started in April 2017, and the
sentence handed down in December of the same year and waiting for the decision
of the Supreme Court for Military Appeals on April 9th or any other
Methodology – Executive Summary:
This report follows judicial and legal processes in
Case No. 108 of 2015 Alexandria military felonies, in which fourteen citizens
were sentenced to death, ten of which in their presence, apart from several
life sentences, Supreme Court for Military Appeals shall hear the appeals on
Monitoring and documentation units of “Salam
International Organization for the Protection of Human Rights - SPH” and “Human
Rights Monitor - HRM” follow the procedures and determines whether the court adhered to fair trial guarantees or not, through the case files and their
legal bonds with the incidents, in addition to direct communication with some
The units used the official reports by independent
human rights organizations, and monitored the trials and judgments in Egypt
through the past years.
The report includes some recommendations that should
be taken into consideration by related judicial, executive and legislative authorities,
as they promote the state of law, putting the guarantees above any other
The report also refutes the enforced disappearance,
arbitrary arrests, torture and forced confessions, cases that were reported by
“Documents and relatives reports”.
The report explains the most notable “Political”
cases with death penalties in points, or these that became enforceable any
The report also referred to the guarantees that should
be afforded to the sentenced to death, and to decide whether they were afforded
to the charged in military case No.108, or not.
Last, the report reviews the human rights solutions
suggested for fair trials that adhere to the Egyptian Constitution and the
related international covenants.
of death penalty and death sentences in Egypt
After the Military Coup of 2013, thousands of death
sentences were handed down in political cases without any true incidents or
evidence, among International and United Nations convictions of such repressive practices that breach the Law, the
Constitution and Egypt’s international obligations.
The death penalty is now the most effective method
to get rid of the political opposition, especially by exceptional, special and
military courts, added to terrorist circuits in Crown Courts against the law,
since July 3rd,2013 after thousands of arbitrary executions in
political cases, the Egyptian judiciary became more non-independent and partial.
The judiciary that should be the last resort for the
citizens to protect their freedoms and rights from the repression of the
executive authorities, became a tool of repression by parody trials, and
summary executions and even certain judges for execution cases! Violations that
are hard to estimate, victims’ rights to life being violated without fair
trials, and a regime without a deterrent, that is what death penalties are like in
penalties in political cases:
Cases in which death penalties were executed from 2015
to 2019, including 52 persons:
Sidi Gaber Felonies Case No. 15663 of 2013, known as
"Sidi Gaber incidents", one person was executed, on 07 March
Cairo Military Felonies Case no. 43 of 2012, known as
the "Arab Sharkas", in which six people were executed on 17
Case No. 24856 of 2014 felonies of Abu Kabir al-Sharqiyah,
known as the "Second Rafah Massacre", in which one person was
executed on 15 December 2016.
Military Case No. 411 for the year 2013, in which 15
people were executed on 26 December 2017.
Alexandria Military Felonies Case No. 325 of 2015,
known as "Kafr El-Sheikh", in which 4 people were executed on
02 January 2018.
Ismailia Military felonies Case No. 93 of 201, in
which 3 persons were executed, on 9 January 2018.
Military felonies Case No. 99 of 2014, in which one
person was executed on 20 January 2018.
Case No. 382 of 2013, in which two people were
executed on March 23, 2018.
Suez Military Case no. 119 of 2016, known as "Abdul
Rahman al-Jabarti," in which one person was executed on June 25, 2018.
A military case in Sinai, in which three people were
executed, on 9 July 2018.
Case No. 17583 Mansoura, 2014, known as "The counselor’s
son" in which three people were executed on 08 February 2019.
Case no. 983 of 2014, known as “Killing General
Nabil Farraj," in which three people were executed on 13 February 2019.
Supreme State Security Case no. 314 of 2016, known as
the "Assassination of the Attorney General", in which nine
people were executed on February 20, 2019.
Death sentences await implementation
We are reviewing cases where death sentences had been
handed down as final sentences causing 51 men on death row,
Port Said felonies case no. 437 of 2012 known as “Port
Said incidents”, in which 10 men were sentenced to death.
Bab Sharq felonies case no. 20091 of 2013 known
as “Bibliotheca Alexandria incidents”, in which 2 men were sentenced to
North Minya felonies case no.1824 of 2013 known as “Mattay
incidents”, in which 6 men were sentenced to death.
Kerdasa police station felonies case no. 12749 of 2013
registered under No. 4804 of 2013 north Giza, known as “Kerdasa incidents”,
in which 20 men were sentenced to death.
Mansoura felonies case no. 16850 of 2014 known as “killing
the guard”, in which 6 men were sentenced to death.
East Alexandria felonies case no.1781 of 2014 known as
“Fadl Al-mawla”, in which one man was sentenced to death.
Supreme State Security felonies case no. 315 of
2014 known as “Communication with Qatar”, in which 3 men were sentenced
Military Felonies case no. 228 of 2015 known as “killing
Colonel Wael Tahoun”, in which 3 men were sentenced to death.
Military Case No. 108... A new Denshaway massacre
The Alexandria felonies military case no. 108 of 2015,
where (59 citizens) were accused. 14 of them were sentenced to death (10
in presence and 4 in absentia). On December 17th, 2017 Ameryia
Military court sentences (14 defendants) to death, (37 defendants)
to life imprisonment, (5 defendants) to 15 years’ imprisonment,
acquitted (2 defendants) and the expiration of lawsuit against 1
defendant due to his death. The sentenced to death is presence:
Ahmed Mohamed Abdel Aal El Deeb.
Essam Mohamed Mahmoud Akl.
Taher Ahmed Ismail Hamroush.
Azzam Ali Shehata Ahmed Amr.
Badr El Din Mohamed Mahmoud El Gamal.
Samir Mohamed Bedewy.
Ahmed Mohamed El Sherbiny.
Abdurrahman Mohamed Mohamed Abdurrahman Saleh.
Mahmoud Mohamed Salem Hefny.
Mahmoud Ismail Ali Ismail.
and charges against the sentenced to death:
case no. 108 had begun on March 15th, 2015, when 11 defendants were
brought before the Alexandria military prosecution blindfolded and handcuffed.
According to the reports of the families of the victims; their sons were
tortured and threatened during the military prosecution investigations.
On April 1st,
2015; 10 other defendants were included in the case. They were investigated
under the same conditions, according to the sources, they were not allowed to
have a lawyer during the investigations.
Over two years,
new defendants had been included in the case. Pre-trial detention was renewed for
two years in contrary to the Egyptian Criminal Procedures Code, the Egyptian
constitution, and International instruments that require a trial of the
accused during a reasonable period. Throughout this period until the litigation
had begun on April 2017, the accused were subjected to a number of violations
most notably: the solitary confinement, torture, and banning from visits.
On December 27th,
2017 the abovementioned sentence was handed down. The defendants challenged the
verdict before the Military appeals court that considered the appeals on March
18, 2019 and postponed the case to 9th of April 2019 hearing to
bring the lawsuit documents.
were charges of many accusations, most notably:
banned Group; to repress and get rid of them; the
Egyptian authorities usually accuse the political opponents with such accusation
in cases of political background regardless of any legal controls that violate
the taken for granted legal norms which provide that penal and crimes must be
general and specific.
Committing Crimes of
intentional homicide and attempted murder; According to
the case documents and reports of defendants’ families; these crimes had been
committed while their sons were under enforced disappearance or arbitrary
detention that makes no sense in committing the crimes. The Egyptian authorities
frequently arrest of conceal the persons, they fabricate charges against them, such
as arresting them during crossfire or while attempt to commit terrorist acts,
then sentencing them to harsh sentences reaches capital punishment.
-Possession of unauthorized weapons and ammunition;
According to the case documents and the statements of the defendants ' lawyers,
these charges were not proven against the defendants and the military prosecutor
was unable to prove that they had possession of the weapons in question,
although, the court established its verdict on the basis of it.
- Commission of
destruction of public and military installations crime; based on the above; these crimes had committed while
the defendants were under enforced disappearance or arbitrary detention, making
it impossible to commit these crimes.
prominent violations against defendants:
authorities, especially security forces, continue their systematic
violations against detainees in prisons and detention places, the charged in
Military case No.108 suffered many violations by security bodies, like enforced
disappearance, arbitrary detention, torture, and forced confessions, ending with
death penalty and other judgments, Most notably:
- Arbitrary detention:
The sentenced were arrested without any legal basis,
then their report was made while they were under custody, in contravention with
the 1st paragraph of Article (54) of the Egyptian constitution,
stipulating that: “Personal freedom is a natural right which is safeguarded
and cannot be infringed upon. Except in
cases of in flagrante delicto, citizens
may only be apprehended,
searched, arrested, or
have their freedoms
restricted by a
causal judicial warrant necessitated by an investigation”,
also, Article (3) of the Universal Declaration of Human Rights stipulates that:
“Everyone has the right to life, liberty and security of person”,
Article (9) of the International Covenant on Civil and Political Rights
stipulates that “Everyone has the right to liberty and security of person.
No one shall be subjected to arbitrary arrest or detention. No one shall be
deprived of his liberty except on such grounds and in accordance with such
procedure as are established by law”. Article (6) of the African Charter on
Human and Peoples Rights stipulates that: “Every individual shall have the
right to liberty and to the security of his person. No one may be deprived of his freedom except
for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily
arrested or detained”, 21 of the charged were forcibly hid or arrested
before being accused, their indictment was handed down during their
- Enforced disappearance:
We received official
telegraphs from their families that some of the charged were forcibly hidden for
several periods between a week and a month, then they appeared in
investigations before the military prosecutions. One of them is the sentenced
to death “Azzam Ali Shehata Ahmed” who was kidnapped by security forces
of Alexandria Security Directorate, his father sent many telegraphs to
investigate his disappearance on July 21st, 2015, he was not
answered, the death-sentenced “Mahmoud Ismail” was also forcibly hidden for
more than three months, and when he appeared in the military prosecution he had
torture traces on his body.
- Solitary confinement:
were placed in solitary confinement for long periods, in narrow cells where the
prisoner barely has food, drink, exercise and any connection with the world,
the United Nations described it as a step of psychological torture against the
detainee for isolating him of human life and the outer world.
were reportedly severely tortured, and forced to confess their charges, what is
contrary to Article (55) of the Egyptian Constitution that provides for “All
those who are apprehended, detained or have their freedom restricted shall be
treated in a way that preserves their dignity. They may not be tortured,
terrorized, or coerced. They may not be physically or mentally harmed, or
arrested and confined in designated locations that are appropriate according to
humanitarian and health standards. The state shall provide means of access for
those with disabilities. Violation of the above is a crime and the perpetrator
shall be punished under theater accused possesses the right to remain silent. Any statement that is proven to have been
given by the detainee under pressure of any of that which is stated above, or
the threat of such, shall be considered null and void”, and also the first
rule of the Standard Minimum Rules for the Treatment of Prisoners which stipulates
that: “All prisoners are treated with due respect for their dignity and inherent
value as human beings. No prisoner shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment, and all prisoners shall be
afforded protection of all kinds. No circumstances may be invoked as a
justification. The safety and security of prisoners, staff, service providers
and visitors must be ensured at all times”, second and third paragraphs of
Article (2) of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment stipulates that: “2. No
exceptional circumstances whatsoever, whether a state of war or a threat of
war, internal political instability or any other public emergency, may be
invoked as a justification of torture. |3. An order from a superior officer or
a public authority may not be invoked as a justification of torture”.
suffered, according to their families, from severe torture, they were
handcuffed, blindfolded, electrocuted and subjected to extreme torture methods
like electrocution in a path of iced water to confess crimes they did not
commit, the court then refused their requests to Investigate their allegations
that they were tortured by officers during their enforced disappearance or
arbitrary detention, and before being charged.
In a written
message sent by “Azzam Ali Shehata Ahmed” describing the torture, he
“I was tortured with electricity, cold water and severe beatings, which led
to facial bleeding. The officer accused me of belonging to the Muslim
Brotherhood and asked me to confess the crimes. When I refused to confess, he severely
The family of
the sentenced to death "Ahmed Mohamed Abdel-Al Amin Al-Deeb" said
he was subjected to severe torture, and when they visited him in - the notorious
- scorpion prison, they found traces of torture on his face, nose and neck,
"Al-Deeb" was accused of another case, He was then referred to
Military Case No.108 without any reasons.
The family of
the sentenced to death, "Mahmoud Ismail" said that he was
severely tortured during his disappearance, was severely injured, had a broken
leg and burns in various parts of his body as a result of torture, he did not receive
the necessary medical care, until his health deteriorated, he was then moved to
the hospital. Confirming that the prison officer ordered the doctor to amputate
his leg, but the doctor did not respond to those orders because his medical condition does not require amputation and provided the necessary treatment for
The most violations
of fair trial guarantees and standards in this case:
- The trial of the accused
before a military court, although the charges against them were not committed
against any military installations or military personnel, are the greatest
violation against them, they are tried before an irrelevant court and an
abnormal judge. Military courts are formed by military personnel who are not
qualified to hear criminal cases under which civilians are tried, and are
subordinate to the executive branch, challenging the impartiality required to
adjudicate cases involving the severity of cases in which the death penalty is
imposed. Despite violating the Egyptian Constitution and international
standards The Egyptian authorities continue to try civilians before military
courts and deny them the right to a fair trial before their natural judge. In
addition, judgments in military courts are issued at record times compared with
the time that the same proceedings take if they are brought before the ordinary
courts, which deprives defendants of processing their defense, and what is
against Article (97) of the Egyptian Constitution, stipulates that: “Litigation
is a safeguarded right guaranteed to all. The state shall bring together the
litigating parties, and work towards speedy judgment in cases. It is forbidden
to grant any act or administrative decision immunity from judicial oversight. Individuals may only be tried before their
natural judge. Extraordinary courts are forbidden”.
The court did
nor investigate any of the enforced disappearance, arbitrary detention or
torture allegations that the charged insisted on during the Criminal
proceedings, which contravenes the most basic legal and judicial rules that any
confession extracted under torture or duress cannot be evidence against the
accused. However, the court considered this confession extracted under severe
torture and took it into its judgment without investigating the allegations. What
refers to a premeditated intention of the death penalty, without real legal
charges, but committed to oppressive and repressive measures depriving the
accused of their right and depriving them of their lives without regard to any
domestic or international laws.
depended on Prosecution witnesses, the national security individuals and did
not respond to the requests of the defendants to provide witnesses of exile,
which also questions the impartiality of the court to deal with the case. It is
an arbitrary procedure aimed only at depriving the defendants of their right to
Defense, which is a serious breach of the standards and guarantees of fair
trials that must respond to the requests of defendants to use witnesses to
provide their defense, the Court decided - in a very strange procedure -
to allow each accused to provide a single witness of exile, which is
unparalleled in any country, except for repressive countries that do not adhere
to international principles, constitutions or local laws, and contrary to the
established legal rules of the Court of Cassation - the highest judicial
authority in Egypt - prohibiting any judicial rulings on the testimony of
the security services only, because it is
a kind of " Synthesis of evidence ", with which there is no
conclusive evidence or evidence to support it.
handed down medical reports that they could not commit the crime, but the court
ignored these reports in a clear breach of the right to defense that the
Egyptian constitution, laws and the relevant international covenants guaranteed.
that should be provided for the sentenced to death:
International covenants provided for many guarantees and standards for the for
the trial to be described as “fair trial” where the accused have the right to
defense along with humanly detention circumstances, in addition to the danger
of the death penalty, the most notable guarantees are:
The right to
accused of a capital offense has the right to an effective lawyer of his own
choice, and if he does not have a lawyer, the State must appoint a lawyer to
defend him and must allocate the necessary resources for this purpose. If the
court finds that the lawyer is incompetent, the court must alert him to the
need to do his part so that the proceedings continue or, if necessary, replace
The right to
sufficient time to prepare the defense:
accused of a capital offense has a right to adequate time and accessibility to
prepare his defense, as stipulated in Article (16) of the Arab Charter on Human
Rights, which provides for the accused right and sufficient time to prepare his
defense and contact his family. As well as article (14) of the International
Covenant on Civil and Political Rights.
The right to
exhaust remedies and appeals:
accused of a capital offense has the right to appeal, remedies and request a
review of the case. In all cases, the death penalty may not be imposed on
persons who have not exhausted all means of appeal established by the law or to
decide appeals if they were submitted. The courts to which the appeals are
submitted must consider them in a reasonable time and without undue delay.
The right to
seek pardon or commutation of the sentence, and the death penalty shall not be
carried out until the means of appeal are exhausted:
sentenced to death may file an application to seek pardon or commutation of the
sentence. The competent authorities to which such requests are submitted must
consider them with the utmost impartiality and seriousness and give the
sentenced person sufficient opportunity to prepare evidence that establishes
his request for pardon or commutation of the sentence. Many international
agreements like the International Covenant on Civil and Political Rights in its
Article 6/4” Anyone sentenced to death shall have the right
to seek pardon or commutation of the sentence”, Article (6) of the Arab
Charter of Human Rights stipulates that: “Sentence of death may be imposed
only for the most serious crimes in accordance with the laws in force at the
time of commission of the crime and pursuant to a final judgment rendered by a
competent court. Anyone sentenced to death shall have the right to seek pardon
or commutation of the sentence”.
There must be
reasonable time between the death sentence and execution:
impose death penalty must provide reasonable time between handing down death
sentences and implementation to allow legal appeals and to manage his personal
business. In case of not allowing that, it deprives the individuals from their
right to appeal, and the families to farewell their sons.
these guarantees and standards; and applying it on the cases of political
grounds, we find that most cases with death sentences lack most of these
guarantees and standards. That makes the execution is an arbitrary execution
violates international laws and regulations. We must take the necessary measures
to cease it as soon as possible; to save the right to life and to hold the preparatory
context; we can notice that the Egyptian executive authorities do not pay
attention to the right to life or provide the guarantees for saving it.
For example, The Egyptian
authorities executed many defendants in a number of cases without exhausting
remedies. According to articles (411 : 448) of the Egyptian Criminal
Procedures Code regarding the motion for reconsideration, the Egyptian
authorities deliberately executed 12 personnel despite submitting (motion
for reconsideration) in two cases
known in media as "killing the counselor's son" and "Assassination
of the Attorney General" in contravention of the Egyptian Criminal
Procedures Code that provides in its "448" article that the
implementation of a death sentence must be suspended until the determination of
this appeal. They deprived the sentenced of legal appeals and they were
executed in contravention of the Egyptian constitution and laws and fair trial
By noting the 108-military
case, we can find that the tribunal deprived the defendants of the right to defense,
it did not give them the adequate time to prepare defense. The litigation
hearings had started in April 2017 and the verdict was handed down in December
of the same year. The case had been considered, and 14 defendants were
sentenced to death, others were sentenced to life imprisonment and 15 years
‘imprisonment in only 6 MONTHS!
prosecutor investigations lasted about 2 years!
We wonder is 6
months a sufficient period to consider the litigation and ruling on the defense
Based on the
above; we can clearly see that massacres against Egyptian is repeated
under all eras and successive regimes, from the English occupation to the
military regime. Sentences arbitrarily handed down with summary procedures,
against defendants deprived of guarantees and standards of fair trial granted
to them by international laws and instruments, and constitutions.
massacre to 108 military massacres, the judiciary is used as a tool of murder and
political killings which lead to distrustful of the judicial system when it should
do justice to victims of repression.
on innocents, torture, arbitrary detention, enforced disappearance, medical
negligence, deprivation from the right to defense to the summary or arbitrary
executions against dozens of citizens unabated from law or constitution.
This is the
situation in Egypt if we tried to observe violations against political
opponents, most notably: "Death Sentences" or to be accurate: “massive
Military case in which 14 men were sentenced to death and awaiting the decision
of the Military Court of Appeals lack the minimum fair trial standards. The
defendants, their families, and their lawyers alleged obtaining confessions
under torture, they were forced to confess crimes they did not commit. They
were forcibly disappeared and arbitrarily detained. They were deprived of their
right to defense and other violations. The tribunal was supposed to initiate a
neutral and impartial investigation regarding these allegations to assess its
reality. While this has not happened, we can say that this sentence had a
reason to be appealed, and the defendants should be tried before a competent
tribunal and their natural judge.
Therefore; Salam International Organization for the
protection of human rights -SPH and Human Rights Monitor-HRM are demanding
To consider the appeal of those sentenced to death in
the 108-military case in a serious and impartial manner.
Retrial of the accused before the competent court and
before their natural judge.
Stop trying civilians before military courts.
Abolition of exceptional courts and terrorist circuits
in criminal courts formed in violation of the Egyptian constitution, the
Egyptian judicial authority Law, and the relevant international covenants. To
limit the scope of jurisdiction of military courts to crimes involving military
personnel and installations.
Immediate cessation of death sentences handed down by
military and exceptional courts, and the retrial of defendants before the
criminal courts and in fair trials to ensure that their rights and freedoms are
Take the necessary legislative action to ensure the
rights of the accused and sentenced.
Providing proper and humane detention condition to
whom held in custody.
Provide the necessary medical care to imprisoned
patients and stop the intransigence that is deteriorating their health, which
often results in the death of detainees. It also has to initiate serious
investigations into allegations of torture and violations of the rights of the defendants and to ensure that the perpetrators of such crimes are held to account-if proven and that their impunity is prevented.
Urgent intervention of the international community to demand
that the Egyptian authorities suspend executions, work for the abolition of the
death penalty as stipulated in international covenants, and abide by the
guarantees and standards of fair trials.