25 June 2009 Excellency, We have the honour to address you in our ...

NATIONS UNIESHAUT COMMISSARIAT DES NATIONS UNIESAUX DROITS DE L’HOMMEPROCEDURES SPECIALES DUCONSEIL DES DROITS DE L’HOMMEUNITED NATIONSOFFICE OF THE UNITED NATIONSHIGH COMMISSIONER FOR HUMAN RIGHTSSPECIAL PROCEDURES OF THEHUMAN RIGHTS COUNCILMandates of the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteuron the independence of judges and lawyersREFERENCE: UA G/SO 214 (3-3-16) G/SO 214 (33-27)SAU 7/2009Excellency,25 June 2009We have the honour to address you in our capacities as Special Rapporteur onextrajudicial, summary or arbitrary executions and Special Rapporteur on theindependence of judges and lawyers, pursuant to General Assembly resolution 60/251and to Human Rights Council resolutions 8/3 and 8/6.In this connection, we would like to draw the attention of your Excellency’sGovernment to information we have received regarding Mr Muhammad Basheer al-Ramaly.According to the information received:Mr Muhammad Basheer al-Ramaly was recently sentenced to death by beheading,and subsequent crucifixion of his body, by the General Court of Hail, after he wasconvicted of the kidnapping and rape of four people in February 2009. The Courtof Cassation is currently reviewing his sentence.According to reports, Mr Muhammad Basheer al-Ramaly did not enjoy a fair trial,nor did he have access to a lawyer. It is further reported that he is mentally ill.Mr Muhammad Basheer al-Ramaly is currently detained in Hail prison.While we do not wish to prejudge the accuracy of these allegations, we would liketo refer your Excellency's Government to the fundamental principles set forth in theUniversal Declaration of Human Rights. Articles 3 and 6 of these instruments,respectively, provide that every individual has the right to life and security of the person,that this right shall be protected by law and that no one shall be arbitrarily deprived of hisor her life.

We would also like to refer Your Excellency’s Government to the UniversalDeclaration on Human Rights, in particular its articles 10 and 11, which provide for theright to a fair trial, including the right to legal assistance and prohibit the retroactivecreation of criminal offences.In this connection, we would like to bring to your Excellency’s Governmentattention to the Basic Principles on the Role of Lawyers, adopted by the Eighth UnitedNations Congress on the Prevention of Crime and the Treatment of Offenders, Havana,Cuba, 27 August to 7 September 1990, in particular:- principle 5. Governments shall ensure that all persons are immediately informedby the competent authority of their right to be assisted by a lawyer of their own choiceupon arrest or detention or when charged with a criminal offence.- principle 7. Governments shall further ensure that all persons arrested ordetained, with or without criminal charge, shall have prompt access to a lawyer, and inany case not later than forty-eight hours from the time of arrest or detention.These principles are further stated in the Safeguards Guaranteeing Protection ofthe Rights of Those Facing the Death Penalty, Economic and Social Council resolution1989/64 of 24 May 1989. In particular, paragraph 1(a) recommends that States affordspecial protection to persons facing charges for which the death penalty is provided,allowing time and facilities for the preparation of their defence. Paragraphs 4 to 8 ofSafeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty,Economic and Social Council resolution 1984/50 of 25 May 1984 further provide thatcapital punishment may be imposed only when the guilt of the person charged is basedupon clear and convincing evidence leaving no room for an alternative explanation of thefacts, that it may only be carried out pursuant to a final judgement rendered by acompetent court after a legal process which provides all possible safeguards to ensure afair trial, including the right to adequate legal assistance at all stages, the right to appealand to seek pardon or commutation of sentence.With regard to the mental health of Mr Muhammad Basheer al-Ramaly, we wouldalso like to refer Your Excellency’s Government to the following norms and principles:- Safeguards Guaranteeing Protection of the Rights of Those Facing the DeathPenalty, Economic and Social Council resolution 1984/50 of 25 May 1984. In particular,paragraph 3 provides that the death penalty shall not be carried out on persons who havebecome insane;- Safeguards Guaranteeing Protection of the Rights of Those Facing the DeathPenalty, Economic and Social Council resolution 1989/64 of 24 May 1989. In particular,paragraph 1(d) recommends that States further strengthen the protection of the rights ofthose facing the death penalty, eliminating the death penalty for persons suffering frommental retardation or extremely limited mental competence, whether at the stage ofsentence or execution;2

- Declaration on the Rights of Mentally Retarded Persons, General Assemblyresolution 2865 (XXVI) of 20 December 1971. In particular, article 6 provides that, ifprosecuted for any offence, a mentally retarded person shall have the right to due processof law with recognition of their degree of mental responsibility;Only full respect for stringent due process guarantees distinguishes capitalpunishment as still allowed under international law protecting the right to life from asummary execution, which violates the most fundamental human right. We therefore urgeyour Excellency’s Government to take all necessary steps to ensure that the rights andfreedoms under international law of Mr Muhammad Basheer al-Ramaly are fullyrespected. Considering the irreversible nature of the death penalty, this can only meanthat the death penalty is not executed until all concerns we have raised are dispelled intheir entirety.In view of the urgency of the matter, we would appreciate a response on the initialsteps taken by your Excellency’s Government to safeguard the rights of Mr MuhammadBasheer al-Ramaly in compliance with the above international instruments.Moreover, it is our responsibility under the mandates provided to us by theHuman Rights Council, to seek to clarify all cases brought to our attention. Since we areexpected to report on these cases to the Human Rights Council, we would be grateful foryour cooperation and your observations on the following matters, when relevant to thecase under consideration:1. Are the facts alleged in the above summary of the case accurate? If not,please share all information and documents proving their inaccuracy.2. Please provide the legal basis for his death sentence and how thesemeasures are compatible with international human rights norms and standards ascontained, inter alia, in the Universal Declaration for Human Rights and the BasicPrinciples on the Role of Lawyers.3. Please provide details regarding the trials of Mr Muhammad Basheer al-Ramaly, including responses to the following: what are the offences charged; how manyhearings took place and on what dates; were the hearings open to the public; was heassisted by legal counsel, if so, at what stages of the proceedings?4. Has the family of Mr Muhammad Basheer al-Ramaly,been informed of hiscurrent place of detention and of his procedural position? Have family members beenallowed to visit him?We undertake to ensure that your Excellency’s Government’s response to each ofthese questions is accurately reflected in the reports we will submit to the Human RightsCouncil for its consideration.3

Please accept, Excellency, the assurances of our highest consideration.Philip AlstonSpecial Rapporteur on extrajudicial, summary or arbitrary executionsLeandro DespouySpecial Rapporteur on the independence of judges and lawyers4