MOTION FOR A RESOLUTION on Yemen: death penalty against junvenile offenders, notably the case of Muhammed Taher Thabet Samoum

15.2.2011

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Corina Creţu, Ana Gomes, Richard Howitt, Claude Moraes, Jutta Steinruck on behalf of the S&D Group

See also joint motion for a resolution RC-B7-0135/2011

B7‑0147/2011

European Parliament resolution on Yemen: death penalty against junvenile offenders, notably the case of Muhammed Taher Thabet Samoum

The European Parliament,

–   having regard to Protocol No 6 to the Convention for the protection of Human Rights and fundamental freedoms concerning the abolition of the death penalty, of 28 April 1983,

 

–  having regard to its previous resolutions on the abolition of the death penalty,

 

–  having regard to its annual reports on Human Rights in the world,

 

–  having regard to the United Nations Universal Declaration of Human Rights, and the Convention on the Rights of the Child,

 

–   having regard to United Nations General Assembly Resolution from December 22, 2010 calling for a moratorium on the use of the death penalty as well as its Resolution 62/149 of 18 December 2007 and 63/168 of 18 December 2008,

–   having regard to the UN Secretary-General's report to the General Assembly on moratoriums on the use of the death penalty, of 11 August 2010 (A/65/280),

–   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 speech of the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission delivered in the plenary of 16 June 2010 on human rights policy, recalling that the abolition on the death penalty world wide was a priority for the EU and her own personal priority,

–   having regard to EP President Jerzy Buzek's Declaration of 10 October 2010, making a strong appeal for the abolition of capital punishment,

–   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 World Day against the Death Penalty and the establishment of a European Day against the Death Penalty on 10 October each year,

–   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 the death penalty is the ultimate cruel and inhuman and degrading punishment, which violates the right to life as enshrined in the Universal Declaration of Human Rights,

B. whereas juvenile death penalty is prohibited under international law and the prohibition is absolute,

 

C. whereas the Convention on the Rights of the Child prohibits capital punishment for individuals who were under 18 at the time of the crime,

D. whereas Yemen is party to the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights,

E. whereas various studies have shown that the death penalty has no effect on trends in violent crime,

F. whereas Yemen retains the death penalty for a wide variety of offences,

G. whereas Tahir Thabit Samum, a young Yemeni man was sentenced by the Yemeni court to the death penalty in 2001 for a murder he committed when he was presumably under the age of 18 ; whereas the death sentence was scheduled to be carried out on 19 January but was postponed,

H. whereas Yemen lacks adequate mechanisms for determining ages of defendants who lack birth certificates,

I. whereas, according to the UNICEF, only 22 percent of births in Yemen are officially registered,

J. whereas 50 people were executed in Yemen in 2010,

K. whereas the European Union is strongly committed to working towards the abolition of the death penalty everywhere and is striving to achieve universal acceptance of this principle,

L. whereas the death penalty is the ultimate cruel and inhuman and degrading punishment, which violates the right to life as declared in the Universal Declaration of Human Rights, and is an act of torture unacceptable to states respecting human rights,

 

1.  Reiterates its long-standing opposition to the death penalty, in all cases and under all circumstances, and emphasises once again that abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights;

2.  Strongly condemns and opposes to capital punishment for juveniles for crimes they committed under the age of 18;

3.  Deeply regrets, therefore, the decision of the Yemeni Court to sentence Tahir Thabit Samum as well as Fuad Ahmed Ali Abdulla to death for crimes they committed under the age of 18;

4.  Calls on theYemeni authorities to respect the Convention on the Rights of the Child and the International Covenant on Civil and political Rights - international treaties to which Yemen is a party;

5.  Urges the Yemeni authorities to reconsider their decision and not to carry out the death sentence pronounced by the Yemeni court;

6.  Calls on the Yemeni authorities to guarantee universal birth registration as well as to improve mechanisms for determining ages of defendants who lack birth certificates;

7.  Calls on the Yemeni government to sign Protocol 13m of the Convention on Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances and calls for an immediate moratorium on executions;

8.  Recalls that the full abolition of the death penalty remains one of the main objectives of the EU Human Rights Policy;

9.  Calls in particular on the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission to demonstrate the political priority she attaches to the abolition of the death penalty by systematically raising the issue in political contacts with countries that apply the death penalty and through regular personal interventions on behalf of those at risk of imminent execution;

10.  Instructs its President to forward this resolution to the High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the EU Member States, the UN Secretary-General, the President of the UN General Assembly and the governments of the UN member states and the President of Yemen Abdullah Saleh.