A/HRC/7/3/Add.1
page 86
Para
65.
Country
Date
29/06/07
Type
JUA
Mandate
Allegations transmitted
Government response
IJL; SUMX;
TOR
Muhammed Gayiz Sabbah, Usama ‘Abd alGhani al-Nakhlawi and Yunis Muhammed Abu
Gareer. The three men were tried before the
Emergency Supreme State Security Court
(ESSSC) sitting in Al-Islamiliya on charges arising
from the bomb attacks committed in Taba and
Nuweiba on the Sinai Peninsula in October 2004,
which killed 34 people and injured more than 100.
In September 2006, the ESSSC announced the
death sentences against these men, while other
defendants were sentenced to long prison terms.
The death sentences were then submitted to the
office of the Mufti. On 30 November 2006, the
ESSSC announced that the Mufti had approved
the death sentences and that it now confirmed
them. There is no appeal against the sentences of
the ESSSC, which can only be commuted by the
President. Reports indicate that the men had their
first contact with their lawyers when the trial
began, months after their arrest, and were only
able to communicate with their lawyers during
court hearings. The majority of the defendants
denied the charges against them and claimed that
they had confessed under torture. Upon request
of the defence lawyers, the court ordered medical
examination of the defendants. The medical
exams, which were carried out several months
after the alleged torture, did not confirm the
allegations of the accused. The cases of the men
were submitted to the African Commission on
Human and Peoples’ Rights, which has declared
them admissible in May 2007. The African
Commission has also issued provisional
By letter dated 11/07/07, the Government
informed that on 7/10/2004 the Taba Hilton Hotel
and both Al-Badiya and Gozor Al-Kamar
encampment resorts were blown up by car
bombs. As a result of the three incidents, 34
persons were killed and 157 were injured.
Pursuant to the provisions of the emergency law
of the country, and based upon the findings of the
security investigations which were sufficient to
indicate the involvement of Mohamed Gayez
Sabah, Ossama Abdel Ghany al-Nakhlawy, and
Mohamed Yunis Elayyan Abu Gareer and others
in the aforementioned incidents, the three
suspects and other suspects were arrested The
three suspects together with the other suspects
were referred to the Public Prosecution Office
(PPO) for investigation. The PPO instigated the
investigation. Suspect Mohamed Gayez Sabah
was interrogated during four investigation
sessions. Suspect Ossama Abdel Ghany alNakhlawy was interrogated during eight sessions.
Mohamed Yunis Elayyan Abu Gareer was
interrogated during 25 sessions. All the suspects
confessed to the crimes they had committed. The
three and others were referred to the court for
committing the aforementioned crimes.
Throughout all trial sessions, the court responded
to all the requests of their defence. The court
allowed the attorneys to visit them whenever a
visit was requested. The court allowed the
attorneys to obtain the certificates and affidavits
they needed from different agencies, responded to
the request of the defence to obtain photocopies
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