Juvenile in Yemen granted stay of execution

Source: Amnesty International

Muhammad
Abdul Wahhab Faysal al-Qassem, has been granted a stay of execution by the Yemeni President on 6
February, he had been informed that he would be executed on 10 February. His
age at the time of his alleged crime has been a cause of dispute. He told
Amnesty International that the courts dismissed his birth certificate, which indicated
he was under 18 and instead relied on falsified school certificates and a 2004 medical
examination conducted to “prove” he was over 18. He insists the examination did
not actually take place. The Yemeni judicial authorities are expected to review
his case and take new steps to verify his age.   

Problems in determining the age of alleged juvenile offenders such as Muhammad Abdul Wahhab Faysal al-Qassem are endemic in Yemen.
In many areas
of the country birth certificates are not issued to or sought by families,
creating confusion regarding the age of young alleged offenders. In cases where
the age of an alleged juvenile offender is in doubt, Yemeni courts rely on
medical examiners, named by the prosecution, who in many cases have been
accused of drawing biased conclusions supporting the prosecution.

In June
2012, the Yemeni Ministry of Justice established an independent medical
examination committee to determine ages of alleged juvenile offenders, especially
in cases where birth certificates are unavailable. Despite support and funding
from UNICEF and the European Commission, it lacked the appropriate legal status
and jurisdiction and ceased to function within six months of its creation. It has
not been involved in this case.

Please
write immediately in Arabic, English or your own language:

n  Welcoming
the suspension of Muhammad Abdul Wahhab Faysal al-Qassem’s execution and the possibility
to review his case, in light of evidence that indicates that he may have been
under 18 at the time of the alleged offence;

n  Calling for the commutation of his and all other
death sentences, and for the relocation of prisoners under the death sentence to
institutions of detention appropriate to their age
and the offence committed;

n  Calling on
the Yemeni authorities to prevent the imposition of the death penalty
regardless of age;

n  Calling on
the Justice Minister to reactivate the medical examination committee as a first
step towards a comprehensive reform of the juvenile justice system, in line
with UN Human Rights Council resolution 19/37;

n  Urging the
President to stop ratifying death sentences and establish a moratorium on all executions,
with a view to completely abolishing the death penalty.

PLEASE
SEND APPEALS BEFORE 27 MARCH 2013 TO: