URGENT ACTION APPEAL
- From Amnesty International USA
09 May 2008
UA 122/08 - Death penalty
AFGHANISTAN
Around 100 unnamed individuals sentenced to death
The Supreme Court of Afghanistan has upheld around 100 death
sentences issued by lower courts against individuals
convicted of crimes including murder, rape, kidnapping and
armed robbery. The sentences require the approval of
President Karzai before executions can be carried out.
Amnesty International fears that sudden and large-scale
executions may take place in secrecy as happened in October
2007.
On 16 April 2008, the Supreme Court confirmed the death
sentences but withheld the names of the accused and the
locations where they are being detained. Credible
information received by Amnesty International shows that the
trial proceedings in at least some of the cases fell far
below international standards of fairness. Flaws in the
trial procedures included inadequate time for the accused to
prepare for their defense, lack of legal representation
during court proceedings, weak evidence presented before the
courts and the denial of the defendants' right to call and
examine witnesses. A Supreme Court judge, Abdul Rashid
Rashed, reportedly dismissed criticism concerning the court
procedures, claiming that the trials had been "transparent".
Amnesty International, along with other human rights groups,
the European Union (EU) and United Nations (UN) have
previously expressed concern at the inability of
Afghanistan's fledgling justice system to effectively
guarantee due process and fair and transparent justice which
meets international standards, such as Articles 6 and 14 of
the International Covenant on Civil and Political Rights, to
which Afghanistan is a state party, and the UN Safeguards
Guaranteeing Protection Of The Rights Of Those Facing The
Death Penalty.
Similar concerns have been voiced in Afghanistan in response
to the 100 death sentences. Wadir Safi, a jurist and law
professor at the University of Kabul stated in the media
that in Afghanistan "court proceedings are carried out
behind closed doors, without the presence of defense
attorneys, and often without the presentation of any proof
on the part of the public prosecutor".
BACKGROUND INFORMATION
Fifteen people were executed in October 2007, the first
executions in Afghanistan for three years. The 15 were
gunned down as they attempted to flee the execution. The
executions were immediately followed by a 10-day hunger
strike by some prisoners in Pul-e-Charkhi prison. The
protesting prisoners argued that the executions had not been
based on fair and transparent trials, that some had been
politically motivated and that at least one person had
escaped execution by paying bribes.
The Afghan authorities have upheld the death sentences
despite the UN General Assembly's adoption of resolution
62/149 (18 December 2007) calling for a worldwide moratorium
on the use of the death penalty. The resolution was adopted
by an overwhelming majority of 104 UN member states and at a
time when a total of 135 countries have abolished the death
penalty in law or practice.
Amnesty International opposes the death penalty in all
cases. The death penalty is a symptom of a culture of
violence, and not a solution to it. It has not been shown to
have any greater deterrent effect than other punishments,
and is known to have been carried out on the innocent. The
organization considers the death penalty as the ultimate
cruel, inhuman and degrading punishment, and a violation of
the right to life.
RECOMMENDED ACTION: Please send appeals to arrive as quickly as
possible:
- calling on President Karzai to use his powers to commute
or pardon these and all other outstanding death sentences in
Afghanistan;
- expressing concern that the court proceedings in
Afghanistan fall far below international standards of
fairness such as those provided in Article 14 of the
International Covenant on Civil and Political Rights, to
which Afghanistan is a state party, as well as the UN
Safeguards Guaranteeing Protection Of The Rights Of Those
Facing The Death Penalty ;
- stating that as an immediate step, the executions should
be suspended until those facing death at the hands of the
state have been granted their fair trial rights;
- calling on President Karzai to re-introduce immediately a
moratorium on all executions in Afghanistan, in line with
the recent UN General Assembly resolution that was adopted
in December 2007, with a view to an eventual abolition of
the death penalty in line with the worldwide trend
APPEALS TO:
It is difficult to get letters and emails to Afghanistan.
Please send appeals to the Ambassador of Afghanistan in the
United States. Ask that they be forwarded to President
Karzai, Attorney General Abdul Jabar Sabit and Minister of
Justice Sarwar Danish:
Ambassador Said Tayeb Jawad
Embassy of Afghanistan
2341 Wyoming Avenue NW
Washington DC 20008
Fax: 202 483 6488
Email: info at embassyofafghanistan.org
PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 20
June 2008.
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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
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566
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END OF URGENT ACTION APPEAL
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