MOTION FOR A RESOLUTION on Yemen: death penalty against juvenile offenders, notably the case of Muhammed Taher Thabet Samoum
15.2.2011
pursuant to Rule 122 of the Rules of Procedure
Frieda Brepoels, Barbara Lochbihler, Franziska Katharina Brantner, Jan Philipp Albrecht, Malika Benarab-Attou, Raül Romeva i Rueda, Heidi Hautala on behalf of the Verts/ALE Group
See also joint motion for a resolution RC-B7-0135/2011
B7‑0144/2011
European Parliament resolution on Yemen: death penalty against juvenile offenders, notably the case of Muhammed Taher Thabet Samoum
The European Parliament,
– having regards to its previous resolutions on Yemen, in particular that of 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 to the Alexandria Declaration of 2008 calling on the Government to the Middle East and North Africa (MENA) countries to enact a moratorium on executions as the first step towards the abolition of the death penalty,
– 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 its resolution of 10 March 2010 on the implementation of the European Security Strategy and the Common Security and Defence Policy
– 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 in 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 in Yemen, similar to other Arabic countries and notably Tunisia and Egypt mainly youthful demonstrators have taken to the streets in recent weeks to demand more democracy and reforms of the state,
B. Whereas many protesters have been taken into custody, including the head of two human rights groups and Tawakul Karman, one of the organizers of the protests, and human rights organisations have accused the security forces to cooperate with armed thugs to repress the peaceful demonstrations
C. Whereas President Ali Abdullah Salehi has responded with the promise to give up power in 2013,
D. 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 under 18; whereas the application of the death penalty on juvenile offenders is also expressly prohibited in Article 31 of Yemen's Penal Code,
E. Whereas Yemen applies the death penalty for a wide range of offences including murder, drug trafficking, rape, sexual offences and speech or action against Islam,
F. Whereas in 2010, at least 19 people were executed and at least two more have been executed since the start of 2011; whereas hundreds of prisoners are believed to be on death row according to accounts by human rights organizations,
G. Whereas Muhammed Taher Thabet Samoum was sentenced to death in September 2001 for murder, while he himself claims to have killed his friend by accident when he was only 13 years old; whereas in absence of a birth certificate 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,
H. Whereas Fuad Ahmed Ali Abdulla was sentenced to death after being convicted of a murder which he allegedly committed while still under 18 years of age although this assumption was rejected by the court; whereas his execution scheduled for 19 December was put on halt following an intervention by his lawyer,
I. Whereas according the reports by human rights organisations 11 other suspected juvenile offenders face execution in Yemen, whose sentences are on hold until their age can be determined,
J. Whereas Yemen lacks adequate means for determining the age of defendants without birth certificates, including the necessary forensic facilities and staff,
K. Whereas in 2010 only one country has reportedly executed a juvenile offender, down from three countries in 2009 and whereas this raises great hopes that the execution of child offenders will soon be outlawed worldwide in law and practice,
L. Whereas serious concern remain 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 right defenders; whereas the situation of women is especially difficult, with a deteriorating access to education and lack of active political participation,
M. Whereas Yemen is one of the poorest countries in the world and the 2008 and the present food crisis have had a huge impact on the poorer parts of the Yemeni population, while the decrease in oil revenue, has contributed to unsustainable pressure on public finances, further aggravated by the limited implementation of overdue economic and fiscal reforms,
N. Whereas Yemen’s lack of food and water is further complicated by the population’s dependence on quat, a quick-cash crop that requires heavy irrigation to thrive, which is grown so extensively that about 40% of Yemeni water resources are used to for its cultivation, meanwhile the country has became a net food importer,
1. Expresses its deep concern about the long-standing and aggravating security, political and socio-economic problems in Yemen and calls for considerable efforts by the international community to prevent the escalation of the current crisis;
2. Expresses its solidarity with the demonstrators who demand democratic reforms and improved living conditions, welcomes in this context President Salehi's announcement to step down in 2013 and calls on the authorities to release all demonstrators who express their dissent peaceful;
3. Call on the government of Yemen to stop the execution of individuals for crimes they have allegedly committed when they were under 18 years of age, a punishment which contravenes both Yemeni law and Yemen’s obligations under international human rights treaties;
4. Calls on the Government of Yemen to issue a moratorium on the death penalty as a first step towards its abolition;
5. Calls on the President of Yemen to halt the execution of Muhammed Taher Thabet Samoum and calls on the authorities to commute the death sentences of Muhammed Taher Thabet Samoum and Fuad Ahmed Ali Abdulla;
6. Is aware of at least eleven other possible child offenders who are on death row in Yemen and calls on the authorities to 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 end the use of the death penalty against juvenile offenders;
7. Underlines that the death penalty is the ultimate cruel, inhuman and degrading punishment, and must never be applied to juvenile offenders, particularly as death sentences in Yemen are often the result of legal proceedings which fail to satisfy international standards for fair trial;
8. Calls on the government of Yemen to introduce the 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;
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;
10. Calls on the High Representative and the External Action Service to drastically increase development assistance to Yemen and support for capacity building and the strengthening of the institutions in order to support the country in facing its multiple challenges;
11. Instructs its President to forward this resolution to the High Representative/Vice-President for Foreign Affairs and Security Policy, the European External Action Service, the governments and parliaments of the Member States, and the Government and Parliament of the Republic of Yemen.