Killing of the Coast Doctor: Cairo Court Ruling and Legal Analysis

2023-11-21 14:11:00

04:11 PM Tuesday 21 November 2023

Books – Mahmoud Saeed:

The reasons for the Cairo Criminal Court’s ruling on the three defendants in the “Killing of the Coast Doctor” case revealed the reasons for executing the first and second defendants and reducing the sentence to 15 years for the third defendant.

The court said that at the session of October 8, 2023, it decided unanimously to refer the case papers to His Eminence the Mufti to express a legal opinion in the case.

His Eminence the Mufti’s opinion concluded that if the case was brought through the legally recognized methods before the defendants Ahmed Shehta, Ahmed Faraj, and Iman Saleh, and no suspicion appeared in the papers that would avert retribution once morest them, “their penalty would be death as retribution for killing the victim, Osama Tawfiq Sabour,” intentionally as a retribution for consent.

The court explained that it punished the defendants with Articles 40/2 and 231 of the Penal Code, which stipulate that “whoever kills someone intentionally with prior intent or premeditation shall be punished with death.”

As for the punishment of the third accused, the court explained that, given the circumstances and conditions of the incident, the court granted her a measure of clemency within the limits of what Article 17 entitled her to punishments, and reduced her punishment to 15 years of aggravated imprisonment.

Article 17 allows penalties “in felonies, if the circumstances of the crime for which the public lawsuit is brought require the mercy of judges, replacing the penalty in the following manner: the death penalty with a life sentence or aggravated imprisonment.”

The Cairo Criminal Court had sentenced the first and second defendants to death by hanging and 15 years of aggravated imprisonment for the third defendant.

Investigations revealed that the first accused agreed with the third to lure the victim to a rented apartment to kill him and seize his money. The third accused called the victim requesting a home visit to check on her alleged mother. Upon his arrival, the first and second accused attacked him with an electric shock, tied him up, then injected him with an anesthetic and transferred him to another apartment. They tortured him until he took his last breath and seized his money and bank cards.

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