Urgent Action 12-17-10

URGENT ACTION APPEAL
- From Amnesty International USA

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http://www.amnestyusa.org/actioncenter/actions/uaa26010.pdf

17 December 2010

UA 260/10 Imminent risk of execution

YEMEN Fuad Ahmed Ali Abdulla (m)
Muhammed Taher Thabet Samoum (m)

Amnesty International has received information that the President of Yemen has signed the death sentences of two alleged juvenile offenders. One of them has been scheduled for execution on 19 December. They are both at imminent risk of execution.

Fuad Ahmed Ali Abdulla has been scheduled for execution on 19 December. He was sentenced to death after being convicted of a murder he was alleged to have committed while still under 18.

Although the court considered that he was over 18 years old at the time of the alleged crime, it is unclear how it determined this. Amnesty International has received information that his birth certificate states he was born in 1988 and that his alleged crime took place in June 2004, meaning that he would have been 16 or 17 years old at the time and around 22 years old now. He is being held in Ta'izz prison.

In another case, Muhammed Taher Thabet Samoum was alleged to have committed a murder in May 2002. He maintains that he is aged around 24 years old, which would have made him around 15 years old at the time of the offense. He does not have a birth certificate. It is unclear as to how the court determined his age.

In both cases, the President of Yemen has ratified their death sentences. Fuad Ahmed Ali Abdulla has since been scheduled for execution and Muhammed Taher Thabet Samoum is also at imminent risk of execution.

Amnesty International is aware of at least eight other people who are possible juvenile offenders on death row. Yemen is a state party to the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, both of which expressly prohibit the execution of juvenile offenders – those convicted of crimes committed when they were under 18. The application of the death penalty on juvenile offenders is also expressly prohibited in Article 31 of Yemen's Penal Code.

BACKGROUND INFORMATION
Yemen has made significant progress in the prohibition of the use of the death penalty against juveniles, but courts continue to sentence alleged juvenile offenders to death. The legal progress to prohibit the use of the death penalty against juveniles followed the ratification of the Convention on the Rights of the Child by the government in 1991. At that time the prohibition of the use of the death penalty against juveniles was limited to offenders below the age of 15 at the time of the crime. However, this categorical prohibition was extended in 1994 to include individuals below the age of 18 at the time of the commission of capital offenses. This is stipulated in Article 31 of the Penal Code, Law 12 of 1994, and marks a positive progress bringing Yemen’s laws into line with Article 37 of the Convention on the Rights of the Child and Article 6 of the International Covenant on Civil and Political Rights, both of which categorically prohibit the use of the death penalty against anyone under 18 years of age at the time of commission of any crime.

Yemen's legislative progress in this regard has not been consistently matched by the practice of the courts, which have sometimes imposed the death penalty on offenders who were below the age of 18 at the time of the offense.

Amnesty International has long-standing concerns about the use of the death penalty in Yemen, particularly as death sentences are often passed after proceedings which fall short of international standards for fair trial.

In 2009, at least 53 people were sentenced to death and at least 30 people were executed. In 2010 so far, at least 12 people have been executed. Hundreds of people are believed to be on death row.

Amnesty International acknowledges the right and responsibility of governments to bring to justice those suspected of recognizably criminal offenses, but is unconditionally opposed to the death penalty in all cases as the ultimate cruel, inhuman or degrading punishment, and as a violation of the right to life.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- Calling on the President of Yemen to halt the execution of Fuad Ahmed Ali Abdulla and Muhammed Taher Thabet Samoum;
- Calling on the authorities to commute the death sentences of Fuad Ahmed Ali Abdulla and Muhammed Taher Thabet Samoum;
- Reminding the authorities that they should act in accordance with their obligations under international law, particularly Article 37 of the Convention on the Rights of the Child and Article 6 of the International Covenant on Civil and Political Rights, and end the use of the death penalty against juvenile offenders.

APPEALS TO:

President
His Excellency Ali Abdullah Saleh
Office of the President of the Republic of Yemen
Sana'a
REPUBLIC OF YEMEN
Fax: 011 967 1 274 147
Salutation: Your Excellency

Attorney General
His Excellency 'Abdullah al-'Ulufi
Office of the Attorney General
Sana'a
REPUBLIC OF YEMEN
Fax: 011 967 1 374 412
Salutation: Your Excellency

COPIES TO:

Minister of Human Rights
Her Excellency Dr Huda Ali Abdullatef Alban
Ministry for Human Rights
Sana'a, REPUBLIC OF YEMEN
Fax: 011 967 1 419 700
(please keep trying)
Email: mshr@y.net.ye
Salutation: Your Excellency

Ambassador Abdulwahab A. Al Hajjri
Embassy of the Republic of Yemen
2319 Wyoming Ave NW
Washington DC 20008
Fax: 1 202 337 2017
Email: ambassador@yemenembassy.org
counselor@yemenembassy.org

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 28 January 2011.

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END OF URGENT ACTION APPEAL
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