URGENT ACTION APPEAL
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19 August 2005
UA 214/05 Death penalty
AFGHANISTAN
Sharifullah, surname unknown (m), aged 35
Habib al-Rahman (m)
Zalmai, surname unknown (m)
Neyaz Mohammad (m)
Tila Mohammad (known as Telgai) (m)
Mohammad Rafiq (m)
Omar Khan (m)
The seven men named above have been sentenced to death
by a Court for Crimes against Internal and External Security
in the capital Kabul. Sharifullah was sentenced to death on
the charge of kidnapping, and the other six men were
sentenced to death on the charge of highway robbery. It is
not known if any of the men are appealing their sentences
though if the appeals are unsuccessful, the death sentences
will be passed to the President for approval before they can
be carried out.
Sharifullah was sentenced to death on 17 August for the
kidnapping of three foreign election workers in October
2004. The election workers were released unharmed after
nearly a month of captivity, after a ransom was reportedly
paid for their release. At the time, a Taliban group claimed
they were holding the workers. Officials have said that several
other men also involved in the kidnapping are still at large.
The trial of Sharifullah was held in a closed court, reportedly
due to concerns for the safety of those involved in the case.
According to a report by the Reuters news agency, the judge
stated that Sharifullah 'confessed' to the kidnapping.
Sharifullah allegedly said that the purpose of the kidnapping
was to seek ransom and release of colleagues held by Afghan
authorities. He also reportedly said that he had no connection
with the Taliban group, and established contact only in an
attempt to sell the hostages on to them. It is not known if he
'confessed' freely to the kidnapping, or if he was coerced. It is
also not known whether he had access to legal representation.
Habib al-Rahman, Zalmai, Neyaz Mohammad, Tila
Mohammad, Mohammad Rafiq and Omar Khan were
sentenced to death by the same court in a separate case, for
committing a series of highway robberies. They too are said
to have 'confessed', although the circumstances under which
the confessions were made are not known. It is not known
whether they had access to legal representation.
BACKGROUND INFORMATION
Since the fall of the Taliban in 2001, there has been one
known judicial execution in Afghanistan. Abdullah Shah, a
military commander from Paghman, a town west of Kabul,
was executed around 19 April 2004. In October 2002, the
United Nations' Special Rapporteur on extrajudicial, summary
or arbitrary executions, who had observed Abdullah Shah's
trial proceedings, stated:
"The lack of capacity in the domestic judicial system has time
and again been pointed out and indeed been observed by me
during a well-publicized trial. I am concerned that the
safeguards and restrictions according to international
standards for imposing capital punishment cannot be
observed at this stage. I therefore urge that the punishment
of death penalty be suspended and a moratorium on
executions be implemented until such standards can be met."
In 2003, the UN Commission on Human Rights called on the
Afghan authorities to "declare a moratorium on the death
penalty in the light of procedural and substantive flaws in the
Afghan judicial system."
According to reports, at least 50 individuals are under
sentence of death, issued by various courts, which are
awaiting a decision by President Karzai.
For further information on Abdullah Shah's execution, please
see Amnesty International's public statement, 'Afghanistan:
First execution since the fall of Taliban' (AI Index ASA
11/007/2004, 26 April 2004).
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- stating that Amnesty International recognizes the rights and
responsibilities of governments to bring to justice those
suspected of criminal offences, but unconditionally opposes
the death penalty as the ultimate cruel, inhuman and
degrading punishment;
- expressing concern that Sharifullah, Habib al-Rahman,
Zalmai, Neyaz Mohammad, Tila Mohammad, Mohammad
Rafiq and Omar Khan are reported to have been sentenced
to death, and urging that their sentences be commuted on
appeal;
- asking for details of their trial proceedings, including
whether they had access to adequate legal representation;
- urging the Afghan authorities to declare a formal
moratorium on executions in line with a view to the eventual
abolition of the death penalty.
APPEALS TO:
Chief of Justice:
His Excellency Abdel Hadi Shenwari
Email: [email protected] or
[email protected] (please ask to be
forwarded to HE Abdel Hadi Shenwari)
Alternatively, you can submit an email through the Ministry
of Justice's website at:
http://www.moj.gov.af/english/Contact_Us.html
President:
His Excellency Hamid Karzai
Fax numbers and e-mail addresses for President Karzai do not seem to
be available. Please send appeals via the Afghan embassy or
diplomatic representative in your country, asking them to forward
your appeal.
Minister of Foreign Affairs:
His Excellency Dr. Abdullah Abdullah
Ministry of Foreign Affairs of Afghanistan
Malak Azghar Road
Kabul, Afghanistan
Fax: 011 1801 459 2967
E-Mail: [email protected]
COPIES TO:
Ambassador Said Tayeb Jawad
Embassy of Afghanistan
2341 Wyoming Avenue NW
Washington DC 20008
Fax: 202 483 6488
Email: [email protected]
Website: http://www.embassyofafghanistan.org/
Please send appeals immediately. Check with the
Colorado office between 9:00 am and 6:00 pm, Mountain
Time, weekdays only, if sending appeals after 30
September 2005.
Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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