The right to appeal of a person sentenced for a criminal offense: the current Egyptian ordinary legal system and its degree of compliance with internationally recognized standards

Abstract

Several standards are used to judge about the fairness of a certain trial. This kind of evaluation is always directed at making an effort to determine whether the procedures in a specific case are consistent with the laws of the country where the trial is held, and whether those laws and case procedures agree with international principles, cited in treaties to which the state is a party. One of the main parts of consideration of the right to a fair trial is the right of the person convicted of a criminal offense to submit an appeal to a higher court or tribunal and to have the sentence reviewed according to law. This right helps in protecting the accused person against any percentage of human error that may occur in the course of studying a case by any court. The first part of this dissertation discusses the concept and historical development of the right to appeal. It also includes the explanation of the importance of appeal in any legal system and the description of different appeal standards. The right of appeal under the international human rights law is analyzed in the second part of this dissertation in which the author describes the applicable standards of appeal under the United Nations system and different tribunals, the European system of human rights with an emphasis on the European Court of Human Rights, the Inter-American system of human rights, and the African system of human rights. The third and final part of the dissertation focuses on the right to appeal under the Egyptian laws and the execution of this right before the Egyptian ordinary courts. It also describes the different tiers of ordinary courts and the exceptions to the implementation of the right to appeal before these courts.

Department

Law Department

Degree Name

MA in International Human Rights Law

Date of Award

6-1-2006

Online Submission Date

February 2013

First Advisor

Hill, Enid

Committee Member 1

Hill, Enid

Committee Member 2

Lesch, Ann

Document Type

Thesis

Extent

97 p.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known.

IRB

Not necessary for this item

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