Gen. Ali Abdullah Saleh
President
Republic of Yemen
Dear President Saleh,
We are writing to urge you to stop the execution of A'isha Ghalib al-Hamza, scheduled for Saturday, April 18, 2009, following her conviction on charges of murdering her husband, Yahya Ali Ahmad al-Sharif.
Human Rights Watch opposes the death penalty in all circumstances and regards it as cruel and inhuman punishment and because it precludes redress for those wrongly convicted.
Human Rights Watch is particularly concerned because it appears that the legal proceedings in al-Hamza's trial were seriously flawed. While the court assigned al- Hamza a lawyer during the preliminary hearings, the lawyer only attended several sessions and was not present during the session of the trial at San'a's South East Court on October 19, 2003 in which the judges sentenced her to death. The right to effective legal defense is especially critical in a case in which the court may impose capital punishment. In al-Hamza's case, the court should have ensured she had a lawyer who was able to represent her adequately at all phases of her trial.
It appears that al-Hamza's lack of effective legal defense compromised her ability to present persuasive claims to the court that she killed her husband in self-defense and other mitigating circumstances. While the precise circumstances remain unclear, al-Hamza alleges that al-Sharif had a history of abusing their daughter and that the abuse was ongoing at the time of the incident. Al-Sharif's father and the couple's daughter both reportedly attested to this history of abuse. Furthermore, al-Sharif allegedly wielded a weapon and threatened to use it against al-Hamza and her daughter on the day of the incident.
Your Excellency, we strongly urge you to halt the impending execution of Aisha al-Hamza, immediately to commute her sentence, and ensure a full judicial review of the case, including the unfairness of the trial, takes place.
We look forward to your response.
Sincerely,
Sarah Leah Whitson
Executive Director
Middle East North Africa Division
Human Rights Watch
