The European Parliament,

- having regards to its previous resolution on Yemen in particular this on 10 February 2010,

- having regard to the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights,

- having regard to its resolution of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union's policy on the matter annual reports on the situation of human rights in the world,

- having regard on its legislative resolution of 3 February 2011 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories,

- having regard to the European Community Strategy Paper for the period 2007-2013 for Yemen,

- having regard to its previous resolutions on the abolition of the death penalty and the need for an immediate moratorium on executions on those countries where the death penalty still applies,

- having regard to United Nations General Assembly Resolution 62/149 of 18 December 2007, calling for a moratorium on the use of the death penalty, and United Nations General Assembly Resolution 63/168 of 18 December 2008, calling for implementation of the 2007 General Assembly resolution 62/149,

- having regard to the UN Secretary-General’s report to the fifteenth session of the Human Rights Council on the question of the death penalty, of 16 July 2010 (A/HRC/15/19),

- having regard to the revised and updated version of the EU Guidelines on the Death Penalty, adopted by the Council on 16 June 2008,

- having regard to the speech of the Vice-President of the Commission/ High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, on human rights policy, delivered in the plenary of 16 June 2010 and pointing out that the abolition of the death penalty worldwide is a priority for the European Union,

- having regard to Article 2 of the Charter of Fundamental Rights of the European Union,

having regard to Rule 122(5) of its Rules of Procedure,

A. Whereas Yemen is a state party to the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, both of which expressly prohibit the execution of those convicted of crimes committed when they were under18; whereas the application of the death penalty to juvenile offenders is also expressly prohibited in Article 31 of Yemen's Penal Code;

B. Whereas Yemen applies the death penalty for a wide range of offences including murder, drug trafficking, rape, sexual offences and speech or actions against Islam;

C. Whereas in 2010, at least 51 people were executed. At least two more people have been executed since the start of 2011 (as of January 18). Whereas hundreds of prisoners are believed to be on death row, including more than 70 people held at Ta’iz Central Prison alone;

D. Whereas according to media reports, alleged juvenile offenders, Muhammed Taher Thabet Samoum and Fuad Ahmed Ali Abdulla, are at imminent risk of execution in Yemen; 

E. Whereas Muhammed Taher Thabet Samoum was sentenced to death in September 2001 by the Criminal Court in Ibb, West Yemen; whereas he was convicted of a murder he was alleged to have committed in June 1999 while still under 18 years old; whereas his death sentence was upheld by an appeal court in May 2005, confirmed by the Supreme Court in April 2010 and has since been ratified by the President of Yemen. He is being held in Ibb prison; 

F. Whereas Fuad Ahmed Ali Abdulla was sentenced to death after being convicted of a murder he was alleged to have committed while still under 18 years old; whereas the court decided that he was over 18 years old at the time of the alleged crime, but it is unclear how it arrived at this conclusion; whereas his execution was scheduled for 19 December but was halted following an intervention by his lawyer. He is being held in Ta’izz prison. 

G. Whereas there remain serious concerns about developments in Yemen with regard to democracy, human rights and the independence of the judiciary; whereas there are cases of persecution of journalists and human rights defenders; whereas the situation of women is especially difficult, with a deteriorating access to education and lack of active political participation,

H. Whereas home-grown democracy advocates, reformers and human rights supporters need to be recognised as the legitimate and necessary counterpart for dialogue on issues of respect of Human Rights and the Rule of Law in order to secure the reform process;

1.  Expresses its deep concern with regard to the execution of individuals for crimes they are alleged to have committed when they were less than 18 years of age; this treatment is not only inhumane but also contravenes both Yemeni law and Yemen’s obligations under international human rights treaties;

2.  Reminds the authorities that they should act in accordance with their obligations under international law, particularly Article 37 of the Convention on the Rights of the Child and Article 6 of the International Covenant on Civil and Political Rights, and halt the use of the death penalty against juvenile offenders; 

3.  Reminds the authorities that the death penalty is the ultimate cruel and inhuman punishment, and that it must never be applied to juvenile offenders;

4.  Notes in this regards that Yemen’s legislative progress has not been consistently matched by the practice of the courts, which have sometimes imposed the death penalty on offenders who were below the age of 18 at the time of the offense;

5.  Is aware of at least eight other people who are possible child offenders on death row in Yemen and has long-standing concerns about the use of the death penalty in the country, particularly as death sentences are often passed as a result of legal proceedings which fail to satisfy international standards for fair trial;

6.  Calls on the Yemeni authorities to introduce necessary reforms in order to improve the human rights situation in the country, especially ensuring media freedom, the right to fair trial, equal treatment of men and women; strengthening the roles and capacities of democratically elected institutions at all administrative and political levels and supporting the Yemeni civil society as well as the business environment;

7.  Calls on the President of Yemen to halt the execution of Muhammed Taher Thabet Samoum; 

8.  Calls on the authorities to commute the death sentences of Muhammed Taher Thabet Samoum and Fuad Ahmed Ali Abdulla; 

9.  Calls on the Council and the Commission, especially after the establishment the European External Action Service, to quickly implement a coordinated and comprehensive EU approach towards Yemen; recalls that EU coordination is vital in order to achieve global donor coordination in Yemen, which is strongly lacking;

10.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative, the governments and parliaments of the Member States, and the Government and Parliament of the Republic of Yemen.