Capital punishment in Yemen

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Capital punishment is a legal penalty in Yemen . Per capita, Yemen has one of the highest execution rates in the world. [1] [2] Capital punishment is typically carried out by shooting, [3] and executions occasionally take place in public. In addition to being the only individual in the country with the authority to grant clemency, the President of Yemen must ratify all executions handed down by any court before they are carried out. [4] Since 2014, large parts of the north and north-west of the country are under the control of the extremist Houthi rebel group, who have presided over an expansion in the use of the death penalty. [5]

Contents

Like most countries, the Yemeni legal system exists within the framework of a three-tier structure. [6] 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). [6] 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. [7] Finally, if legal disputes still remain, then the issue is brought to the Supreme Court of Yemen as a last resort. [6] There are no jury trials in the country, and cases are only adjudicated by individual judges. [6]

Although the Yemeni constitution arranges for the separation of powers between different branches of government, [8] 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. [6] The SJC, which is accountable only to the President of Yemen, [9] can directly appoint or dismiss judges without any judicial oversight. [6] 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. [4]

Yemen applies Sharia, the Islamic system of law, which serves as the basis for all legislation in the country. [8] Many nonviolent capital offences, such as homosexuality or blasphemy, are derived from a strict interpretation of select Quranic verses. [10] [11] [12] 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. [13] Conversely, death sentences have been reapplied after an initial pardon issued by the President as a result of pressure from relatives. [14]

Capital crimes

Capital crimes include violent acts like murder, rape, or terrorism, but the death penalty is also used in cases of Islamic or "Hudud" offences under Sharia law such as adultery, sexual offences (including homosexual activity), sodomy, prostitution, blasphemy and apostasy. [3] [15] Kidnapping, violent robbery, drug trafficking, banditry, destruction of property leading to death, certain military offenses (e.g. cowardice, desertion), perjury causing wrongful execution, espionage and treason carry a possible death sentence as well. [3] [16] UNder the Houthi regime in northern Yemen, there has been an upsurge in death sentences meted out for sexual offences such as sodomy. In February 2024, thirteen men were sentenced to death for sodomy and in March 2024 a further nine men were sentenced to death [17] .

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; [18] however, stoning is not known to have been carried out for centuries. [3]

The standard procedure for execution is to lie the defendant face-down on the ground or on a rug or blanket. Afterwards, a single executioner armed with an automatic rifle carries out the sentence by firing multiple rounds into the condemned person's back while attempting to strike the heart (often destroying the spinal vertebrae), the heart is pinpointed beforehand by a medical professional. [19] [20] In some cases where the defendant is found guilty of an additional Hudud offence, he or she may also be sentenced to flogging prior to the application of the death sentence. [21] Both private and public executions are permitted in Yemen. [20]

Criticism

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. [22] [23] 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 the offence. [24] However, the majority of Yemenis are not issued birth certificates (with a civil birth registration rate of 22.6% in 2006, according to the World Health Organization), [25] and the Yemeni legal system is severely limited in its ability to adequately ascertain the age of defendants. [3] There are several reports that juvenile offenders continue to be executed in Yemen. [4] [26] [27] [28] 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. [29] His sentence was confirmed by the Supreme Judicial Council and ratified by former President Ali Abdullah Saleh. [30] Samoum is alleged to have been 13 at the time of the offense, [27] 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. [27]

In addition to the execution of juvenile offenders, human rights organizations have expressed concern that death sentences are passed after unfair trials. [31] Authorities have at times allegedly extracted confessions through duress, [31] [32] [33] using methods such as severe beatings, prolonged suspension, threats of rape, incommunicado detention and inadequate access to food and water. [34]

Number of executions per year

YearNumber of executions
202313+ [35]
20224+ [36]
202114+ [37]
20205+ [38]
20197+ [39]
20184+ [40]
20172+ [41] [42]
2016Unknown [43]
20158+ [44]
201422+ [45]
201313+ [46]
201228+ [47]
201141+ [48]
201053+ [49]
200930+ [50]
200813+ [31]
200715+ [51]
200630+ [52]
200524+ [53]
20046+ [54]
200330+ [55]
200210+ [56]
200156+ [57]
200013+ [58]
199935 [59]
199817+ [60]
19975+ [61]
19961+ [62]
199541+ [63]
199425+ [64]
199330+ [65]

See also

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References

  1. ↑ Johnson, Richard (2012). "The Death Penalty" (PDF). National Post. Archived from the original (PDF) on 26 November 2013. Retrieved 1 February 2013.
  2. ↑ "Death sentences and executions in 2010" (PDF). Amnesty International. 28 March 2011. pp. 26–27. Archived from the original (PDF) on 17 June 2012. Retrieved 2 February 2013.
  3. 1 2 3 4 5 "Report on Human Rights in Yemen" (PDF). Human Rights Watch. 1 February 2012. p. 5. Retrieved 2 February 2013.
  4. 1 2 3 "Inhuman sentencing of child offenders in Yemen" (PDF). Child Rights International Network. March 2012. Retrieved 2 February 2013.
  5. ↑ https://www.hrw.org/world-report/2024/country-chapters/yemen
  6. 1 2 3 4 5 6 "Country Profile – Yemen" (PDF). United States Library of Congress. August 2008. p. 19. Retrieved 18 February 2013.
  7. ↑ Ajbaili, Mustapha (19 October 2012). "Yemeni woman sentenced to death for killing male relative who tried to rape her". Al Arabiya. Archived from the original on 5 February 2013. Retrieved 18 February 2013.
  8. 1 2 "Constitution of the Republic of Yemen, 1990". Archived from the original on 14 March 2013. Retrieved 18 February 2013.
  9. ↑ "Hadi fires Chairman of Supreme Judicial Council". Yemen Post. 29 August 2012. Retrieved 18 February 2013.
  10. ↑ Wafer, Jim (1997). "Muhammad and Male Homosexuality". In Stephen O. Murray and Will Roscoe (ed.). Islamic Homosexualities: Culture, History and Literature. New York University Press. p. 88. ISBN   9780814774687 . Retrieved 2010-07-24.
  11. ↑ Quran   5:33–34
  12. ↑ Quran   4:15–16
  13. ↑ "Yemeni authorities 'ignored pleas' to save prisoner from execution". Amnesty International. 13 February 2013. Archived from the original on 21 February 2013. Retrieved 19 February 2013.
  14. ↑ "Execution of Yemeni Man Feared Imminent". Amnesty International. 11 February 2013. Archived from the original on 22 November 2018. Retrieved 19 February 2013.
  15. ↑ "Yemen: Situation for homosexuals in Yemen, including societal attitudes". Immigration and Refugee Board of Canada. 16 July 2004. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  16. ↑ "The Death Penalty in Yemen". Death Penalty Worldwide. Archived from the original on 13 October 2018. Retrieved 25 August 2017.
  17. ↑ https://www.hrw.org/news/2024/03/27/yemen-houthis-sentence-men-death-flogging
  18. ↑ "Execution of Yemeni child killer captured on camera". The Telegraph. 7 July 2009. Retrieved 5 February 2013.
  19. ↑ Root, Tik (12 March 2013). "Yemen Still Sentences Children to Death by Firing Squad". The Atlantic. Retrieved 20 March 2013.
  20. 1 2 "'I owe my life to Amnesty International'". Amnesty International. 9 April 2010. Retrieved 20 March 2013.
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  22. ↑ "Executions of juveniles since 1990". Amnesty International. Archived from the original on 4 December 2012. Retrieved 2 February 2013.
  23. ↑ "Juveniles and the Death Penalty: Executions Worldwide since 1990" (PDF). Amnesty International. November 1998. p. 8. Archived from the original (PDF) on 8 September 2008. Retrieved 2 February 2013.
  24. ↑ "Republican Decree, By Law No. 12 for 1994, Concerning Crimes and Penalties". 1994. p. Article 31. Retrieved 2 February 2013.
  25. ↑ "Health information systems and data availability: Census and civil registration coverage by country". World Health Organization. Retrieved 23 April 2013.
  26. ↑ Al-Wesabi, Sadeq (31 December 2012). "Hundreds of Yemeni Children 'Teeter on the Edge of Execution'". Yemen Times. Archived from the original on 21 September 2017. Retrieved 2 February 2013.
  27. 1 2 3 "UN child rights official expresses dismay over Yemen juvenile offender execution". UN News Centre. 12 December 2012. Retrieved 2 February 2013.
  28. ↑ "Yemen: Teenager faces execution on Saturday". Amnesty International UK. 9 August 2007. Archived from the original on 21 September 2007. Retrieved 2 February 2013.
  29. ↑ "Clemency urged for man facing imminent execution in Yemen". Amnesty International. 18 January 2011. Retrieved 2 February 2013.
  30. ↑ "Yemen: death penalty against juvenile offenders, notably the case of Muhammed Taher Thabet Samoum" (PDF). European Parliament. 15 February 2011. Retrieved 2 February 2013.
  31. 1 2 3 "Amnesty International Annual Report 2009 – Yemen". Amnesty International. 28 May 2009. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  32. ↑ "Yemen: Submission to the UN Human Rights Committee: 104th Session of the Human Rights Committee, 12–30 March, 2012" (PDF). Amnesty International. 23 February 2012. pp. 7, 12, 15, 16. Archived from the original (PDF) on 8 August 2022. Retrieved 4 February 2013.
  33. ↑ "Yemen: Amnesty International deplores execution after unfair trial". Amnesty International. 29 November 2005. Retrieved 20 March 2013.
  34. ↑ ""Look at Us with a Merciful Eye" - Juvenile Offenders Awaiting Execution in Yemen" (PDF). Human Rights Watch. 4 March 2013. p. 6. Retrieved 20 March 2013.
  35. ↑ "Overview of the death penalty worlwide in 2023". www.capitalpunishmentuk.org. Retrieved 2024-01-24.
  36. ↑ "Death sentences and executions 2022". Amnesty International. Retrieved 28 January 2024.
  37. ↑ "Death sentences and executions 2021". Amnesty International. Retrieved 28 January 2024.
  38. ↑ "Death sentences and executions 2020". Amnesty International. 21 April 2021. Retrieved 31 January 2024.
  39. ↑ Overview of the death penalty worldwide in 2019
  40. ↑ "Death Penalty Worldwide". www.deathpenaltyworldwide.org. Archived from the original on 2018-02-15.
  41. ↑ "In TV Spectacle, Man Convicted of Child Rape-Murder Is Executed in Yemen". The New York Times. 31 July 2017. Retrieved 2 August 2017.
  42. ↑ "Yemeni man publicly executed for raping and murdering four-year-old girl as crowd film on smartphones". The Independent. 14 August 2017. Retrieved 17 August 2017.
  43. ↑ "Death sentences and executions in 2016". amnesty.org. 11 April 2017. Retrieved August 21, 2017.
  44. ↑ "Death Sentences and Executions - 2015". Amnesty International. 6 April 2016. Retrieved 25 June 2016.
  45. ↑ "Death sentences and executions in 2014, 31 March 2015, ACT 50/0001/2015". Amnesty International. 31 March 2015. Retrieved 25 June 2016.
  46. ↑ "Death sentences and executions in 2013, ACT 50/001/2014". Amnesty International. 27 March 2014. p. 40. Retrieved 26 June 2014.
  47. ↑ "Amnesty International Annual Report 2013 - Yemen". Amnesty International. 23 May 2013. Retrieved 26 June 2014.
  48. ↑ "Amnesty International Annual Report 2012 – Yemen". Amnesty International. 24 May 2012. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  49. ↑ "Amnesty International Annual Report 2011 – Yemen". Amnesty International. 13 May 2011. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  50. ↑ "Amnesty International Annual Report 2010 – Yemen". Amnesty International. 28 May 2010. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  51. ↑ "Amnesty International Annual Report 2008 – Yemen". Amnesty International. 28 May 2008. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  52. ↑ "Amnesty International Annual Report 2007 – Yemen". Amnesty International. 23 May 2007. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  53. ↑ "Amnesty International Annual Report 2006 – Yemen". Amnesty International. 23 May 2006. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  54. ↑ "Amnesty International Annual Report 2005 – Yemen". Amnesty International. 25 May 2005. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  55. ↑ "Amnesty International Annual Report 2004 – Yemen". Amnesty International. 26 May 2004. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  56. ↑ "Amnesty International Annual Report 2003 – Yemen". Amnesty International. 28 May 2003. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  57. ↑ "Amnesty International Annual Report 2002 – Yemen". Amnesty International. 28 May 2002. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  58. ↑ "Amnesty International Annual Report 2001 – Yemen". Amnesty International. 1 June 2001. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
  59. ↑ "Amnesty International Annual Report 2000 – Yemen". Amnesty International. 1 June 2000. Archived from the original on 16 April 2013. Retrieved 1 February 2013.
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