English text: President Morsi's pardon decree for revolution prisoners
Ahram Online provides English text of general pardon issued Monday by Egypt President Mohamed Morsi for political prisoners after January 25, 2011
Ahram Online, Monday 8 Oct 2012
Egypt's official government gazette Al-Wakaei' Al-Masryia
General pardon for some of the crimes committed during the January 25 Revolution
In accordance with the constitutional declarations issued on 13 February 2011, 30 March 2011 and 11 August 2011, as well as the penal code, Criminal Procedure Law and under the recommendation of the committee formed by the president's decree 5 of 2012, the law stipulates the following:
A general pardon for all felony convictions and misdemeanour convictions or attempted-crimes committed to support the revolution and the fulfilment of its goalsduring the period from January 25 till 30 June 2012, except in cases of murder.
This pardon applies to those who were sentenced, face charges, or await investigations or still standing trials in any court.
The prosecutor general and the military attorney general are to publish a list of all the names of those pardoned in the official government gazette within one month of the issuing of the decree.
Those who are missing from the list have the right to file petitions – free of fees – to the prosecutor general or to the military attorney general within a month after the names are published.
The petition results in the freezing of any trial or investigative process, and to be resolved within 30 days from the day the petition is filed.
If the petition is rejected either by the public prosecutor or the military attorney general, it will be automatically transferred to a special commission authorised to decide the fate of petitions mentioned.
A commission headed by a deputy head of the Court of Cassation is to be formed to have the final say on all petitions, and it will include a judge from the Court of Appeal and and a judge from the Supreme Military Court for Appeals, each to be appointed by the head of each respective court. The committee’s decisions are to be reached through majority vote.
The commission will inform the petitioner of the time and place of the session held to look into their complaint three days prior to session; notifices sent to to petitioners will be notarised.
If the petitioner is detained, the commission's decision will be issued in accordance with Article 143 of the Criminal Procedures Law.
Appeals to the commission's decisions are not permitted, and once the petition is rejected the process of investigation or trial of the accused is to continue.
If an investigation of any crime falls under the jurisdiction of this decree, which goes into effect after the publication of the names pardoned people (Article 2), and if the accused claimed that the pardon should include him while the public prosecutor and the military general attorney disagree, then the above-mentioned commission retains final decision.
The pardon granted according to this law doesn’t override any civil rights owed to other individuals not involved in the matter.
This law is to be published in the official state gazette and to be implemented a day after its publication.
Disclaimer: This is not legal translation