Egyptian experts have criticised lenient sentencing in what is only the country’s second ever prosecution for female genital mutilation (FGM) procedure. The four accused were given suspended prison sentences and fines following the death of 17-year-old Mayar Mohamed Moussa after undergoing FGM.

The teenager from Suez died in May last year after her mother, a nurse who is among the sentenced, took Mayar and her sister for the ‘operation’. The procedure took place in a private hospital in under full anaesthesia. Her sister also underwent the surgery before her and survived.

The primary doctor, Mayar’s mother and the anaesthetist were all given a one-year suspended prison sentence. The doctor was fined 5,000 Egyptian pounds and both Mayar’s mother and the anaesthetist were given fines of EYP £1,000. The nurse, who is in hiding and has not appeared in court, was given five-year suspended sentence and a EYP £50,000 fine, which will be reduced if she later appears court.

Lawyer Reda Eldanbouki, who is representing Mayar and her sister, expressed shock at the sentences.

“We are surprised that the judge gave the doctor and mother one-year suspended sentences and that they are not going to prison.”

“It is unfair and unjust and will be ineffective as it sends the wrong signal.”

According to Eldanbouki, who is also executive director of Women’s Centre for guidance and legal awareness, he was not given room to speak in court, which he believes made the case biased.

“The judge did not give me a chance because [he] is sympathetic to the defendants and does not see FGM as a crime worthy of attention, in my opinion – just like any other women’s issues of sexual harassment and violence against women. I do not find that the police and the judiciary care about them.”

But Eldanbouki says the opposing council was given “enough time” and the judge seemed, “sympathetic and friendly with them”.

The lawyer also represented 13 year-old Sohair al-Bata’a, in Egypt’s first prosecution for FGM. Bata’a died in June 2013 after undergoing ‘medicalised’ FGM at the hands of Raslan Fadl. After an initial acquittal, a retrial took place following pressure from rights groups. Fadl was then sentenced to two years and three months in prison. He served only three months after reconciling with the Bata’a family, which annulled two years of his sentence.

Despite this, the lawyer is hopeful that that similar actions from advocacy groups and the international community will result in a retrial and tougher sentencing.

“With media pressure and further discussion about it, we can push for a retrial by urging the attorney general to appeal before the Court of Cassation regarding this erroneous judgment.”

The sentencing is the first since Egyptian lawmakers upgraded FGM from a misdemeanour to a crime. FGM now brings potential prison sentences of up to 15 years. Calls came for harsher laws after the first prosecution. Despite this, an estimated 87% of women and girls are cut, which is still one of the highest prevalence rates globally.

Hanny Megally, expert and regional adviser to Donor Direct Action, an international women’s group, says: “Egypt gives the impression that it is taking a hard line on FGM, but cases like this show that doctors who are carrying this out are not being held to account.”

“[The case] is important because since the laws were changed people have been looking to see whether they would be applied.

“It’s not that people are looking to punish for the sake of punishment, but [it should be] a deterrent. Particularly when you have the operations still being carried out in government hospitals when the law says it’s illegal and it’s banned.”

According to Megally, NGOs have visited hospitals inquiring about the operation and have received some responses that lead them to believe that it is still being done.

“The law is now stronger, but judges like this one are failing to protect girls. It is unacceptable.”