[Deathpenalty]death penalty news----worldwide

[Rick Halperin]

URGENT ACTION APPEAL UPDATE


Note: Please write on behalf of this person even though you
may not have received the original UA when issued on
April 6, 2004.
Thanks!

13 September 2005

Further Information on UA 139/04 issued 6 April 2004 and
re-issued 7 April 2005
Unfair Trial/Fear of Execution  and new concern: Imminent
Execution

YEMEN:  Fuad 'Ali Mohsen al-Shahari (m), aged about 45

The President is reported to have ratified Fuad al-Shahari's death
sentence on 6 September. He could now be executed at any time.

In August 2004, following persistent campaigning by Amnesty
International, the President was said to have ordered the Office
of the Attorney General to review Fuad al-Shahari's case. The
details of this review are not known, but afterwards the Head of
the Supreme Court reportedly advised the Office of the Attorney
General that there had been no procedural errors during Fuad al-
Shahari's trial.

Fuad al-Shahari was sentenced to death on 12 November 1996 in
a trial that fell short of minimum international standards for
fairness. After he was arrested he was held incommunicado for a
month, during which he was allegedly tortured and forced to
confess to the murder of a captain in the Political Security
Department. He is said to have been sentenced to death on the
basis of this ''confession''. Among other defects in the trial
proceedings, defence witnesses reportedly did not testify. It was
said that the presence of armed men in court may have
intimidated them. The Court of Appeal and the Supreme Court
upheld the death sentence in May 1999 and March 2004
respectively. See Action File 247/99 for further information.

RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- urging the President to prevent the execution of Fuad 'Ali
Mohsen al-Shahari;
- expressing concern that he was sentenced to death after
proceedings that failed to meet the minimum international
standards for fair trial, and refer to Safeguard 4 of the UN
Safeguards guaranteeing protection of the rights of those facing
the death penalty, which requires that ''capital punishment may
be imposed only when the guilt of the person charged is based
upon clear and convincing evidence leaving no room for an
alternative explanation of the facts'';
- acknowledging the right of governments to bring to justice
those responsible for criminal offences, but expressing
unconditional opposition to the death penalty.




APPEALS TO:
President:
His Excellency General =B4Ali =B4Abdullah Saleh
President of the Republic of Yemen
Sana'a, Republic of Yemen
Fax: 011 967 127 4147
Salutation: Your Excellency

Director of Presidential Office:
Ali Mohamed Al-Anisi
PO Box 2261
Sana'a, Republic of Yemen
Email:      rypomjan at y.net.ye
Fax: 011 967 127 6866
Salutation: Dear Sir

COPIES TO:
Ambassador Abdulwahab A. Al-Hajjri
Embassy of the Republic of Yemen
2319 Wyoming Ave NW
Washington DC 20008
Ph: 1 202 965 4760
Fax: 1 202 337 2017
Email: ambassador at yemenembassy.org

Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after October 25, 2005.

Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.

This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax:     303 258 7881

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