URGENT ACTION APPEAL
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1 December 2005
UA 301/05 Fear of imminent execution/ legal
concern
YEMEN:Ismail Lutef Huraish (m), aged 47
Ali Mussara'a Muhammad Huraish
(m), aged 37, his cousin
Ismail Lutef Huraish and his cousin Ali Mussara'a
Muhammad Huraish are at risk of imminent execution.
They were sentenced to death in 2000 for a murder
committed in 1998. Ismail Lutef Huraish, who is deaf, was
not given access to sign-language interpretation, and was
reportedly convicted solely on the basis of the ''confession''
of his cousin.
The two men were reportedly arrested on 14 October in a
village near the city of Taiz, and were charged with murder
the following day. The Supreme Court upheld their death
sentences in January 2004. President =B4Ali =B4Abdullah Saleh
is currently considering their sentences. The President may
grant clemency, but if he chooses to ratify their sentences,
the men could be executed at any time.
Since the men were arrested, the authorities have not
provided sign-language interpretation for Ismail Lutef
Huraish. Therefore, at no point in the judicial process was
he able to give his own account of his alleged involvement
in the murder. His guilt was apparently decided solely on
the basis of statements Ali Mussara'a Muhammad Huraish
made during police interrogation and during their trial,
which allegedly implicated both men in the murder.
Amnesty International has no further information about
these alleged ''confessions''.
The failure of the authorities to provide the means for
Ismail Lutef Huraish to communicate is in violation of
article 337 of the Yemeni penal code, which states that deaf
defendants must have access to sign-language
interpretation, as well as Article 14 (3) of the International
Covenant on Civil and Political Rights (ICCPR), to which
Yemen is a state party, which states that defendants have
the right to be informed of the charges against them and to
have proceedings conducted in a language which they
understand. This includes finding the appropriate language
or method to inform people with a hearing or speech
disability of the charges and proceedings which they face.
BACKGROUND INFORMATION
Amnesty International has longstanding 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.
While Amnesty International recognizes the right and
responsibility of governments to bring to justice those
suspected of recognizably criminal offences, it is
unconditionally opposed to the death penalty in all cases as
the ultimate violation of the right to life.
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- urging the President to commute the death sentence
passed on Ismail Lutef Huraish and Ali Mussara'a
Muhammad Hurraish;
- acknowledging that the government has a right to bring to
justice those responsible for criminal offences, but
expressing unconditional opposition to the death penalty;
- reminding the authorities that they are bound by
international standards for fair trial in capital cases,
including the right to seek pardon or commutation of the
sentence;
- expressing concern that Ismail Lutef Huraish did not
receive a fair trial because he did not have access to sign-
language interpretation, in violation of article 337 of the
Yemeni penal code, and of Article 14 (3) of the
International Covenant on Civil and Political Rights
(ICCPR), to which Yemen is a state party.
APPEALS TO:
President
His Excellency General =B4Ali =B4Abdullah Saleh
President of the Republic of Yemen
Sanaa
Republic of Yemen
Fax: 011 967 127 4147
Salutation: Your Excellency
Minister of Interior
His Excellency Dr Rashid Muhammad al-Alimi
Ministry of Interior
Sanaa
Republic of Yemen
Fax: 011 967 1 332 511
Salutation: Your Excellency
Minister of Human Rights
Her Excellency Amat al Aeem al Suswah
Ministry for Human Rights
Sana'a, Republic of Yemen
Fax: 011 967 1 444 838
Salutation: Your Excellency
COPIES TO:
Ambassador Abdulwahab A. Al-Hajjri
Embassy of the Republic of Yemen
2319 Wyoming Ave NW
Washington DC 20008
Ph: 1 202 965 4760
Fax: 1 202 337 2017
Email: [email protected]
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
January 12, 2006.
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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