YEMEN: Young man executed for offence allegedly committed as a minor

[9 February 2012] – On 18 January Yemeni authorities executed Fuad Ahmed Ali Abdullah Alsayed (Alshahari) in Taiz central prison for allegedly committing murder in June 2004, when his family claim he was still a minor. 

Fuad’s family was not informed of his imminent execution until the same day it was performed, contrary to normal procedure of notifying the family at least one week in advance. This was done allegedly so they would be unable to lobby against the sentence. 

There is also controversy about Fuad’s age. In the court files, he was registered as 21 years old at the time he allegedly committed the offence on 12 June 2004. His family, however, had previously presented authorities with a birth certificate showing that he was in fact 17 years old at the time. Yet the Attorney General dismissed the certificate, claiming it was a fake. 

In view of the situation, Fuad’s family and lawyer requested that a team of forensic experts be allowed to confirm his age. But the request was refused by the president of the high judiciary council, Judge Isam Samawi, who claimed in May 2011 that nothing could be done because the court order for Fuad’s execution had already been signed by the country’s now-outgoing President. The same applied to three other juveniles who had also received death sentences which had been signed by the Yemeni President.

Previously in the same month, another judge, Abdullah Alyousofi recommend that Fuad’s case, and those of the three other juveniles, be raised with the state ombudsperson, Judge Abdulla Aljamra.

But even at the time of Fuad’s death, his case was still under review by the office of the ombudsperson, which civil society contacts say had repeatedly delayed the review. For instance, in late September, the ombudsperson confirmed an appeal on Fuad’s case had been registered and informed that it was under review. But come November, Judge Aljamra told Fuad’s lawyer that the case was still being reviewed. And by December 27th, when an official request was sent to the ombudsperson for a committee of forensic specialists to determine Fuad’s age, no reply was received. Twenty-two days later, on 18 January, Fuad was executed by gunfire.

Last year in Yemen, 11 individuals who had committed an offence as juveniles had received the death penalty. Now, the number has risen to 22, with the sentences being issued by first instance courts, appeal courts or the high court. Besides Fuad’s case, the court orders for three others had been signed by the Yemeni president. It is unlawful in Yemen to sentence child offenders to capital punishment, though it appears to happen in practice. 

 

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