Look at Us With a Merciful Eye: Juvenile Offenders Awaiting Execution in Yemen

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Look at Us With a Merciful Eye: Juvenile Offenders Awaiting Execution in Yemen

By : Jadaliyya Reports

[The following report was issued by Human Rights Watch on 4 March 2013.] 

Look at Us With a Merciful Eye: Juvenile Offenders Awaiting Execution in Yemen

Summary 

I want the world to know that here they are executing [juvenile offenders]. No one cares or checks these juvenile cases.… If you don’t have anybody [to help you,] they just execute you, whether you are young or not.

— Qaid Youssef Omar Al-Khadamy, on death row in Sanaa Central Prison for a murder he committed when he says he was fifteen years old, 27 March 2012

On the afternoon of 3 December 2012, Hind Ali Abdu al-Barti was taken from her cell in Sanaa Central Prison and executed by a firing squad. Prison authorities only informed Hind’s family that morning of her imminent execution. Hind was sentenced to death for committing murder, and her sentence had been ratified by Yemen’s highest court and confirmed by then-President Ali Abdullah Saleh. Though her family produced a birth certificate showing that she was fifteen years old at the time of the alleged crime, and a forensic examination concluded she was no more than sixteen, courts disregarded this evidence. When the Yemeni government executed her after four years in prison, Hind was no more than twenty years old. 

International law prohibits, without exception, the execution of individuals for crimes committed before they turn 18. When courts cannot establish conclusively that a defendant was eighteen or older at the time of the alleged crime, international law indicates that they cannot impose a death sentence. Yemen has ratified both the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), which specifically prohibit capital punishment of persons under 18 at the time of the offense. Since 1994, Yemen’s penal code has also banned the execution of juvenile offenders and stipulates a maximum penalty of 10 years’ imprisonment for minors who commit capital offenses.

Yet since 2007, Yemen has executed fifteen young men and women who claimed to be under eighteen at the time of their offense. Prosecutors have demanded death sentences for dozens of additional juvenile offenders. In some cases, defendants lack the documentation to prove they were under age eighteen at the time of their alleged crime; in other cases, public prosecutors and judges simply disregard available evidence. At present, the Yemeni government does little to counter either problem.

Yemen has one of the lowest rates of birth registration in the world—between 2000 and 2010, the state registered only twenty-two percent of all births. Thus, most juvenile offenders lack official birth certificates to prove their age. Yemen’s judiciary lacks impartial and accurate mechanisms to determine the age of youths in criminal proceedings, increasing the risk that juveniles are sentenced to death. Prosecutors ordered forensic examinations in some of the cases reviewed for this report, but these examinations relied on error-prone and outdated methods. In some cases, both prosecutors and defense lawyers ordered age examinations that yielded different results, but courts relied on the prosecution’s examinations that estimated defendants were over eighteen.

As of January 2013, at least twenty-three young men and women await execution under death sentences in Yemeni prisons despite having produced evidence indicating they were under eighty at the time of the crimes for which they were convicted. Three of them, Mohammed Taher Sumoom, Walid Hussein Haikal, and Mohammad al-Tawil, could be executed at any moment. They have exhausted all forms of appeal, and Saleh, the former president, signed their execution decrees before he left office. The president’s signature is the final step before carrying out death penalty sentences. In addition to the twenty-three possible juvenile offenders on death row, Yemen’s public prosecution has called for the death penalty in pending cases of at least 186 other alleged juvenile offenders, according to both the United Nations Children’s Fund (UNICEF) and the Yemeni NGO Coalition on Child Rights Care (YNGOC), a local civil society group monitoring inhumane juvenile sentencing.

All of these alleged juvenile offenders under the death sentence were convicted of murder, a crime some of them admit and others challenge. Many of the stories surrounding these crimes reflect the lack of development common to adolescents, including following adults and older peers into fraught situations, and a quickness of action in the moment without appreciation of the consequences. But it is because of such reasons of lack of maturity and judgment that both international and Yemeni law require judges to consider the age of the defendant as a mitigating factor, and recognize that such individuals are not yet sufficiently responsible for their own actions to deserve the ultimate punishment.

Under Yemeni law, courts may only sentence juveniles convicted of murder to a maximum of 10 years in prison. However, Yemen’s current child protection law, called the Juvenile Welfare Law, only requires courts to refer children fifteen years of age and younger to the juvenile court system, leaving many juvenile offenders to defend their cases before adult criminal courts. 

Yemen’s judicial system also frequently fails to meet international fair trial standards, meaning that defendants, adults, and juveniles may be sentenced to death after forced confessions or based upon testimony given without having had access to legal counsel. Some juvenile offenders interviewed by Human Rights Watch said that police investigators tortured them to extract confessions and described in detail the methods of torture they had endured. Ibrahim al-Omaisy and Walid Haikal, death row prisoners interviewed for this report, described how police investigators forcibly extracted confessions, interrogating them while or after torturing them. Neither had access to legal counsel until these confessions had been recorded and their cases reached trial.

This report documents the stories of young men who have been sentenced to death in Yemen against the backdrop of international conventions and domestic law which prohibit the execution of individuals for crimes committed before they turn eighteen. In March 2012, Human Rights Watch interviewed five young men at Sanaa Central Prison who had been sentenced to death for crimes committed when they say they were younger than eighteen. Prison authorities granted us access to the prison, and permission to interview these individuals in a private room outside the presence of prison officials.

Human Rights Watch obtained an additional eighteen names of alleged juvenile offenders on death row from UNICEF and YNGOC. YNGOC conducts regular prison monitoring visits and aims to track all juvenile death penalty cases. We subsequently reviewed court rulings, forensic reports, and appeals filed in these cases.  

Based upon this research, Human Rights Watch concluded that Yemeni criminal courts sentenced juvenile offenders to death either by disregarding entirely proof of their age at the time of the alleged crime, or using forensic examinations of dubious evidentiary value to determine the defendants’ age.  

Human Rights Watch opposes capital punishment in all circumstances. Human rights principles and protections are founded upon respect for the inherent dignity of all human beings and the inviolability of the human person. These principles cannot be reconciled with the death penalty, a form of punishment that is unique in its cruelty and finality. 

Yemen’s transitional government has before it an opportunity to reverse one of the country’s most stark human rights violations through a few simple but urgent steps. First, the president should immediately reverse the execution orders of Mohammed Taher Sumoum, Walid Hussein Haikal, and Mohammad Abdu Qassim at-Tawil, juvenile offenders who have exhausted all forms of appeal and risk imminent execution, and refer their cases to courts so that their sentences may be reviewed. If a fair and impartial review of evidence concerning their age at the time of their crime determines they were under eighteen, they should be commuted under Yemen’s Penal Code, meaning that as all three have already served ten years or more of jail time, the maximum permissible sentence for juveniles convicted of murder, they should be released. Judicial authorities should immediately suspend all executions of individuals who claim to have been under eighteen at the time of their alleged crime, at least until the cases are reviewed by an independent committee and their ages are determined in a fair and impartial manner. To provide an impartial age determination process, the Ministry of Justice should establish an independent review committee including trained forensic medical professionals to develop standardized age determination procedures that follow international best practices in this area. Finally, authorities should work to guarantee fair trials and provide appropriate safeguards as required by both the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, both treaties ratified by Yemen’s government. 

The Yemeni government should publish clear procedures outlining how authorities will handle future murder cases involving alleged juvenile defendants. The government should also raise awareness regarding the importance of birth registration through public information campaigns, and ensure that civil registration units equipped to register new births are available across the country and accessible to poor and rural communities. Finally, the government should declare a moratorium on the death penalty in all cases, consistent with the moratorium declared by the United Nations General Assembly in 2007, with a view to abolishing the death penalty at the earliest possible opportunity.

[Click here to download the full report.] 

Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412