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B7-0148/2011
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MOTION FOR A RESOLUTION on Yemen: death penalty against juvenile 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

Charles Tannock on behalf of the ECR Group

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

NB: This motion for a resolution is available in the original language only.
Proċedura : 2011/2572(RSP)
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Ċiklu relatat mad-dokument :  
B7-0148/2011
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B7-0148/2011
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B7‑0148/2011

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

The European Parliament,

     having regard to its resolution of 10 February 2010 on the situation in Yemen,

–   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 (2010/2202(INI)),

–   having regard to its position 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 (16440/1/2010 – C7-0425/2010 – 2009/0059(COD)),

–   having regard to its resolution of 10 March 2010 on the implementation of the European Security Strategy and the Common Security and Defence Policy (2009/2198(INI)),

–   having regard to its resolution of 25 February 2010 on the 13th session of the United Nations Human Rights Council,

–   having regard to its resolution of 7 October 2010 on the World day against the death penalty,

–   having regard to the UN Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment,

–   having regard to EP President Jerzy Buzek s declaration of 19 October 2009, making a strong appeal for the abolition of capital punishment,

–   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 the Second Optional Protocol to the International Covenant on Civil and political Rights, aiming at the abolition of the death penalty, of 15 December 1989,

–   having regard to United Nations General assembly Resolution 62/ 149 of 18 December 20007 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 the implementation of the 2007 General Assembly resolution 62/149,

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

 

A.  whereas Yemeni authorities are reported to have stopped Muhammed Taher Thabet Samoum's prison visits, prompting fears that his execution could be imminent,

B.  whereas Muhammed Taher Thabet was initially scheduled for execution on 12 January but was granted a temporary reprieve by the Attorney General,

C.  whereas Muhammed Taher Thabet Samoum was sentenced to death in September 2001 by the Criminal Court in Ibb, west Yemen, for a murder he is alleged to have committed in June 1999,

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 juvenile offenders – those convicted of crimes committed when they were under 18,

E.  whereas in 2010, at least 51 people were executed in Yemen. At least two more people have been executed since the start of this year; Hundreds of people are believed to be under sentence of death,

F.  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,

G.  whereas evidence shows that the death penalty affects first and foremost underprivileged people,

H.  whereas 154 states in the world have abolished the death penalty in law or in practice, and 96 of these have abolished it for any offence, 8 have retained it only for exceptional crimes such as those committed in wartime, 6 have a moratorium on executions in place and 44 are abolitionist in practice (i.e. countries that have not carried out any executions for at least 10 years or countries which have binding obligations not to use the death penalty),

I.  whereas more than 100 countries that retain the death penalty for crimes have outlawed the execution of juvenile offenders; stressing, however, that a small number of countries continue to execute child offenders in flagrant violation of the international law, in particular of Article 6(5) of the ICCPR; stressing, in particular, that Iran has the highest rate of detention of minors,

J.  whereas the overall political, security and socio-economic situation in Yemen has been deteriorating for a long time, raising serious concerns in the international community,

K.  whereas terrorism had been rife in Yemen for many years before 9/11, as demonstrated by the 12 October 2000 attack by al-Qa'ida on the USS Cole , and whereas since 2007 terrorism in Yemen has intensified, with many attacks on pipelines, oil facilities, government buildings, embassies (including those of Italy and the US), ships and tourists in the country,

L.  whereas Yemen is one of the poorest countries in the world;

M.  whereas since 2004 the EU has donated aid worth more than €144 million to Yemen, with the largest share going towards development, and has implemented programmes to support the Yemeni police and coastguard,

N.  whereas serious concerns remain about developments in Yemen with regard to democracy, human rights and the independence of the judiciary; whereas there have been cases involving the persecution of journalists and human rights defenders,

 

1.  Calls on the Yemeni authorities to halt the imminent execution of a man facing the death penalty for a murder he is alleged to have committed when he was under 18 years old;

2.  Urges President Ali Abdullah Saleh to show clemency in this case and prevent the state killing of Muhammed Taher Thabet Samoum;

3.  Urges Yemeni 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;

4.  Instructs its President to forward this resolution to the High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission and the President and Government of the Republic of Yemen.