Let
us learn about capital punishment in Yemen, I chose it for this day because on
this date, 7 July 2009, a Yemeni pedophile was executed in public. I got the
information from Wikipedia and The Daily Mail.
Capital punishment in Yemen is commonly applied for a wide
variety of criminal transgressions. This includes violent acts like murder, rape,
or terrorism, but it can also be used in cases of Islamic or "Hudud"
offences under Sharia law such as adultery, sexual misconduct, prostitution,
and apostasy. Kidnapping, robbery, drug trafficking, homosexuality, and treason
carry a possible death sentence as well.
Yemen
has one of the highest execution rates in the world. Capital punishment is
typically carried out by shooting, although stoning remains a legally viable
option for charges of adultery; however, there have been no documented cases of
its application for centuries. The south Arabian republic is also one of a
select few countries that continues to perform public executions. In addition
to being the only individual in the country with the authority to grant
clemency, the President of Yemen must ratify all executions passed down by any
court before they are carried out.
Legal
procedure
Like
most countries, the Yemeni legal
system exists within the framework of a three-tier structure.
At the lowest level of jurisprudence are the courts of first instance,
established to preside over all different varieties of cases. These range from
criminal, civil, commercial, personal status, court-martial, and other
miscellaneous offences classified as "special cases" under the penal
code (e.g., kidnappings, grand larceny). After trials are held at the
lower levels of the Yemeni justice system, there is the option for both the
defendant and the relatives of the victim to submit an appeal to an
intermediate-level appellate court, which has broad powers to elevate or
commute sentences at its discretion. Finally, if legal disputes still remain,
then the issue is brought to the Supreme Court of Yemen as a last resort. There
are no jury trials in the country, and cases are only adjudicated by individual
judges.
Although
the Yemeni constitution arranges for the separation of powers between different
branches of government, the judiciary is subordinate to the executive branch in
practice. The Supreme
Judicial Council (SJC) is a small committee established by the
federal government to oversee matters pertaining to the Yemeni legal system.
The SJC, which is accountable only to the President of Yemen, can directly
appoint or dismiss judges without any judicial oversight. In addition, the
President must ratify all death sentences before they are carried out, and is
the only person in the country with the authority to enact a stay of execution.
Yemen
applies Sharia law, which serves as the basis for all legislation in the
country. Many nonviolent capital offences, such as homosexuality or blasphemy,
are at least partialy derived from a strict interpretation of select Quranic
verses. Another facet of Islamic jurisprudence recognized in Yemeni courts is Qisas.
As a means of legal retribution, the relatives of a murder victim have the
option to either demand the death penalty for the accused party, or to pardon
them for their crimes. However, the extent to which this is actually enforced
remains a subject for dispute, as the Yemeni justice system has allegedly
performed executions despite objections from the families of murder victims.
Conversely, death sentences have been reapplied after an initial pardon issued
by the President as a result of pressure from relatives.
Methods
Shooting
is the only form of execution currently known to be used in Yemen. Stoning, hanging, and beheading are also permitted within the
Yemeni penal code; however, stoning is not known to have been carried out for
centuries.
In
Yemen, the standard procedure for execution is to lie the defendant face-down
on the ground and cover them with a blanket. Afterwards, a small group of
security guards armed with automatic rifles carry out the sentence by
firing multiple rounds into the condemned person's heart, which is pinpointed
directly beforehand by a doctor. In some cases where there the defendant is
found guilty of an additional Hudud offence, they may
also be sentenced to flogging prior to
their death. Both private and public executions are permitted in Yemen, with
large crowds gathering in the event of the latter.
Criticism
Execution
of juvenile offenders
The
last official execution of a minor in Yemen occurred on 21 July 1993, when
13-year-old Naseer Munir Nasser al-Kirbi and three other men were hanged in the
capital Sana'a on charges of murder and highway
robbery. Following this, the Yemeni House
of Representatives amended its penal code the following year by
prohibiting death sentences for persons under the age of 18 at the time of
their offence. However, the majority of Yemenis are not issued birth
certificates (with a civil birth registration rate of 22.6 percent in 2006,
according to the World Health Organization), and the Yemeni legal system is
severely limited in its ability to adequately ascertain the age of defendants
at the time of their offence. There are several reports that juvenile offenders
continue to be executed in Yemen.
One
particularly notable case is that of Ibb native Muhammed Taher
Thabet Samoum, who was charged with a murder committed in June 1999 and
subsequently sentenced to death in September 2001. His sentence was confirmed
by the Supreme Judicial Council and ratified by former President Ali Abdullah Saleh.
Samoum is alleged to have been 13 at the time of the offence, and the case of
his imminent execution was given particular emphasis in a February 2011 European
Parliament resolution regarding the human rights
situation in Yemen.
Allegations
of unfair trials
In
addition to the execution of juvenile offenders, human rights organizations
have expressed concern that death sentences are passed after unfair trials.
Authorities have at times allegedly extracted confessions through duress,
using methods such as severe beatings, prolonged suspension, threats of rape,
incommunicado detention, and inadequate access to food and water.
Number
of executions per year
Year
|
Number of executions
|
2011
|
41+[33]
|
2010
|
53+[34]
|
2009
|
30+[35]
|
2008
|
13+[29]
|
2007
|
15+[36]
|
2006
|
30+[37]
|
2005
|
24+[38]
|
2004
|
6+[39]
|
2003
|
30+[40]
|
2002
|
10+[41]
|
2001
|
56+[42]
|
2000
|
13+[43]
|
1999
|
35[44]
|
1998
|
17+[45]
|
1997
|
5+[46]
|
1996
|
1+[47]
|
1995
|
41+[48]
|
1994
|
25+[49]
|
1993
|
30+[50]
|
INTERNET SOURCE: http://www.dailymail.co.uk/news/article-1197900/Justice-Yemen-style-Paedophile-raped-boy-11-shot-head-hundreds-spectators.html
Justice Yemen-style: Paedophile who raped boy, 11, shot in the head in front of hundreds of spectators
By
Tamara
Cohen
UPDATED:
This
is criminal justice, Yemen style. A man accused of raping and murdering an
11-year-old boy is paraded through his home town before being shot dead by an
executioner.
Hundreds
of onlookers lined the streets to watch the gruesome scene, cheering and shouting
abuse at Yehya Hussein al-Raghwah.
The
boy, Hamdi al-Kabas, had reportedly come into his shop for a haircut last
December during the Muslim festival of Eid. After brutally attacking him, the
barber cut his body into pieces and dumped them outside the capital Sana'a.
Yemenis gather to watch a Yemeni soldier
execute a man, lying face down on a large piece of red cloth, his hands bound
behind him
|
He
was given the death penalty by a Yemeni court a month later after apparently
admitting his crime.
Shocking
images of his final moments were released following the execution yesterday.
First
he leaves the city's central prison, handcuffed and dressed in white robes.
Fear etched on his face, he is surrounded by soldiers as he is led towards a
ceremonial red carpet.
He
is allowed to say a final prayer, his shirt is then ripped open before he is
laid face down.
As
a police official reads out his sentence for the last time, a doctor oversees
his treatment and crowds - which appear to include children - jeer and punch
the air, some filming his final moment on their mobile phones.
Yahya Hussein al-Raghwah prepares himself
before the execution
|
Yemeni police officers, accompanied by a
doctor, left, place al-Raghwah face down prior to his execution in front of the
central prison in San'a
|
A
soldier brandishes his machine gun at the nape of the barber's neck, and within
a split second it is all over. His death brings the number of executions in the
country this year to nine.
Yemen
is one of 59 countries which retains the death penalty, and one of its most
prolific users, according to Amnesty International.
It
is deployed for a variety of violent and non-violent crimes including apostasy
and adultery.
Last
year Yemen executed 13 people, according to those Amnesty has verified. But as
no official figures are released the real toll could be far higher.
All
of those died by firing squad but in recent years there have been reports of
stonings and beheadings.
The
deeply religious desert country has a poor human rights record and it is
unclear if the barber had a fair trial.
Under
sharia law, which applies in Yemen, relatives of the victims of certain
categories of murder have the power to pardon the offender in exchange for
compensation, grant a pardon freely or request his or her execution.
The executioner prepares to shoot al-Raghwah in the back of the head |
CHECK
THIS VIDEO TO SEE A FILMED EXECUTION IN YEMEN (WARNING: IMAGES ARE DISTURBING)
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