March 16
YEMEN:
Yemen juveniles stands in the firing line
Earlier this month Yemen made international headlines, this time not for its
fructuous progress toward building democratic state institutions but rather for
a much somber reason, the scheduled execution of a man, who, at the time of his
crime was a juvenile.
Not only did the announcement raised inherent issues related to the human
condition and one's right to revenge a death through another, it put the matter
of juvenile offenders and their status in the justice system back on the world
agenda.
Despite calls from Human Rights Watch (prominent rights group organization) and
UNICEF Yemen carried it out Mohammed Abdel-Karim Mohammed Haza's death sentence
last Saturday, prompting widespread condemnation, both in and out of Yemen.
Rights activists were keen to deplore President Abdo Rabbo Mansour Hadi
inaction toward such a blatant violation of international law, especially on
the wake of Yemen National Dialogue Conference, as the exercise is meant as
Yemen first step toward national reconciliation and cornerstone of the
country's newly found democratic aspirations.
According to state records, Haza was first convicted of murder in 1999; he was
17 years old at the time. Since the law prohibits a minor from being sentenced
to death the court asked for "blood money"to be paid instead and a jail term to
be carried out.
Blood money is a term known in Islamic jurisprudence as the amount to be paid
by the murderer to the family of the deceased in compensation of the crime
committed and also to ensure that the murderer does not get killed in return.
According to Sharia and the Yemeni law, the punishment for premeditated murder
is death (to be carried out by a firing squad) unless the family of the
deceased pardons the murderer and agrees to accept the blood money.
A court of appeal subsequently changed the terms of his sentence as a judge
estimated Haza was 18 at the time of the crime, condemning him to death.
Despite the fact that only one judge out of the three assigned to his case
questioned his legal age, his death sentence was registered as anonymous and
passed on to the judiciary authorities.
On April 14, 2008 Yemen Supreme Court confirmed the death sentence without
re-examining the issue of Haza`a's age. Then-President Ali Abdullah Saleh
signed Hazaa’s death warrant later that year.
Early March, Human Rights Watch began its anti-death penalty campaign, calling
on President Hadi to directly intervene in Haza's case by commuting his
sentence and ordering a review of his case file by a court as to clear
questions related to his age.
It is important to note that beyond the issue of age, lies the concept of
self-defense in Yemen judicial system. Haza who was found guilty of murder, was
put in this situation because he made the snap decision to shot the intruder
who had trespassed on his home and whom he believed would harm his family.
The man died later on from his wounds.
Such cases are legion in Yemen and often lead to great many injustices as the
justice system seems to be more sympathetic to injured criminals than those
whose home they invaded, intruded on or lives they violated.
Yemen, juvenile offenders and the death penalty
While many countries, such as the United States of America refuse to align
themselves with rights groups' vision in regards to the death penalty,
reserving the right to sentence their criminals to pay the ultimate price in
retribution of their crimes, veery few countries, actually only four countries
(Iran, Saudi Arabia, Sudan and Yemen) are perpetuating the sentencing to death
of offenders which at the time of their crime were still juvenile.
The execution of juveniles is prohibited under international law.
Since 1990 Amnesty International has documented 87 executions of child
offenders in 9 countries: China, the Democratic Republic of Congo, Iran,
Nigeria, Pakistan, Saudi Arabia, Sudan, the USA and Yemen. Several of these
countries have changed their laws to exclude the practice.
In July 1993 Yemen executed Naseer Munir Nasser al'Kirbi, 13 at the time of his
execution and Adil Muhammad Saif al-Ma'amari, 16 at the time of his offence in
February 2007. Haza's name will now be added to that list.
As per identified by Amnesty International, the Universal Declaration of Human
Rights, adopted by the United Nations General Assembly in December 1948,
recognizes each person’s right to life. It categorically states that “No one
shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment” (Article 5).
The community of states has adopted four international treaties specifically
providing for the abolition of the death penalty. Through the years, several UN
bodies discussed and adopted measures to support the call for the worldwide
abolition of the death penalty.
In December 2007 and 2008 the United Nations General Assembly (UNGA) adopted
resolutions 62/149 and 63/168, calling for a moratorium on the use of the death
penalty. Since then, other regional bodies or civil society coalitions adopted
resolutions and declarations advocating for a moratorium on executions as a
step towards global abolition of the death penalty.
Human Rights Watch now estimates 20 juvenile are currently standing on death
row after they were found guilty by a court of law, while as many as 16
prisoners were executed over the past 6 years despite the fact they claimed to
be underage at the time of the offense.
Such decisions were taken despite the fact Yemen reformed its penal code in
1994 to reflect international law, by prohibiting the execution of individual
unde the legal age of 18.
Jurisprudence in Yemen is for now taking over the text of law, creating a
judicial vacuum where the law prohibits the death penalty for juvenile but in
practice tolerate it.
Yemen Justice Ministry has always rejected Amnesty International and HRW
findings.
Glimmer of hope in the dark?
With the world's attention focused on Yemen, activists are hoping foreign
nations will use their political and financial influence over Yemen to open up
a dialogue with high ranking officials and change the current dynamic.
But even if the state might not yet be interested in dealing with juvenile
executions, mentalities are nevertheless changing in post-revolution Yemen with
more citizens aware of the power a crowd can generate and the actions they can
take toward promoting social change.
In January 2013, about 77 juvenile offender detainees went on hunger strike in
reaction to the announcement of Nadim al-‘Azaazi' scheduled death sentence (a
young detainee who at the time of the crime he was find guilty of alleged he
was only 15 years old).
“Executing juvenile offenders is expressly prohibited in Yemen's Penal Code and
international human rights law – the Yemeni authorities must live up to their
obligations and overturn this death sentence immediately,” said Philip Luther,
Middle East and North Africa Programme Director at Amnesty International.
“The reports we've received from inside Sana'a Central Prison point to truly
appalling conditions faced by juvenile offenders, and we urge the authorities
to act immediately to ensure children are treated humanely and not kept behind
bars for longer than their sentences," he added.
With rights organizations, activists and state officials from the Human Rights
Ministry bent on changing Yemen judicial system there is now hope the central
government might translate such calls for reforms into concrete steps, shining
a light of hope of the many men and women awaiting for their fate to be
decided.
In a comment to al-Jazeera, Fouad al-Ghaffari said Yemen’s Ministry of Human
Rights is taking steps to address the execution of juveniles.
"We are holding high-level discussions within the government about this. We are
asking the justice system for more time. We need to develop a good system and
specialists to determine birthdates, and international support."
Priyanka Motaparthy, a Human Rights Watch researcher warned that unless the
state was to enforce the application of its 1994 penal code reform, prohibiting
the execution of juveniles, judges throughout the country will continue to hand
out death sentences regardless of one's age.
"Even in cases when juvenile offenders and lawyers were able to produce strong
evidence suggesting they were under 18 for their alleged crime, judges and
prosecutors have disregarded Yemeni law and called for death sentences," said
Motaparthy.
As Yemen is soon to embark on the second phase of its transition of power
through its National Dialogue Conference one would hope state officials would
seek to convey an atmosphere of forgiveness conductive to tighten and renew
ties of friendship between the people of Yemen as well as attest of the state's
desire to inspire trust to its citizens.
(source: Yemen Post)
INDONESIA:
Indonesia: First execution in 4 years “shocking and regressive”
The first execution in Indonesia in more than 4 years is a shocking and
regressive step, Amnesty International said as it urged the government to not
follow through on promises to put a further nine people to death in 2013.
Last night, Adami Wilson, a 48-year old Malawian national who was convicted for
drug trafficking in 2004, was executed by firing squad in Jakarta. It was the
first execution in Indonesia since November 2008.
The Indonesian Attorney General Basrief Arief said that the authorities planned
to put at least a further nine death row inmates to death in 2013.
“This is really outrageous news. We oppose the death penalty in all
circumstances, but Indonesia’s long period without executions and the pledge to
put even more people to death, makes this even more shocking,” said Papang
Hidayat, Amnesty International’s Indonesia Researcher.
Wilson was first convicted for trafficking 1 kg of heroin in 2004 in Tangerang,
south-western Banten province.
Yesterday’s execution is the first in Indonesia in more than four years. The
previous one happened on 9 November 2008, when three of the men involved in the
2002 Bali bombings were put to death.
After Wilson was executed by firing squad, the Attorney General today said that
at least nine more executions would be carried out this year, and that as many
as 20 death row inmates could be executed.
Around 130 people are believed to be on death row in Indonesia – more than half
of them have been convicted of drug trafficking. Many are foreign nationals.
The use of the death penalty for drug-related offences does not meet the
threshold of the “most serious crimes” as prescribed under international law.
“This is an incomprehensible statement from the Attorney General – carrying out
even more executions now would be hugely regressive. We urge the Indonesia
government to immediately halt any plans to put more people to death,” Hidayat
said.
Today’s events are at odds with positive indications that Indonesia was moving
away from the death penalty.
In October 2012, after President Susilo Bambang Yudhoyono commuted the death
sentence of a drug trafficker, Foreign Minister Marty Natalegawa said the move
was part of a wider push away from the use of the death penalty in Indonesia.
At the UN General Assembly in December 2012, Indonesia for the first time
abstained from voting against a resolution calling for a global moratorium on
the death penalty.
“What makes this so disappointing is that we have really seen the Indonesian
government sending progressive signals on moving away from the death penalty in
recent years,” Hidayat said.
“The last year has seen many other countries in the region, including Malaysia
and Singapore, taking steps to limit the use of the death penalty, including
for drug-related offences. We expected Indonesia to be leading this trend – not
dragging the region backwards.”
(source: Amnesty International)
INDIA:
Amnesty wants death penalty removed from anti-rape law
A day after the Union Cabinet approved the anti-rape law, Amnesty International
has expressed reservations on the proposed legislation, demanding that
provisions like death penalty and immunity for forces under AFSPA be done away
with while including marital rape.
Several contentious provisions that were part of the Criminal Law (Amendment)
Ordinance have been retained in the new bill, like exclusion of marital rape
and including death penalty for rapists-murderers and rapists who are repeat
offenders.
The human rights organization is in favour of age of consent being lowered to
16 years. In its recommendations, AI said Parliament should eliminate sanctions
on consensual sexual activities between adolescents, while protecting all
children against sexual abuse. "The law should protect the additional rights of
alleged perpetrators under the age of 18 as stipulated in international
standards," it said in a statement advocating protection of juveniles' rights.
Amnesty also said the Indian Penal Code should reflect the different forms of
violence against women in a comprehensive manner by removing the exception for
sexual assault by a husband.
The organization urged the government to remove death penalty as a form of
punishment from the bill. It said Indian law should clarify that persons
sentenced to life imprisonment for violence against women are allowed the same
opportunity for executive/judicial review of their sentence as other prisoners
in India. The law must also clearly eliminate sentences of life without the
possibility for release for offences committed by persons under the age of 18.
(source: The Times of India)
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