EXTERNAL (for general distribution)AI Index: MDE 17/03/93

Distr: UA/SC

UA 185/93Death Penalty10 June 1993

KUWAIT:Jassem Hassan Sabhan: Iraqi, aged 37

'Abd al-Khaliq Mankhi Naji: Iraqi, aged 40

'Abd al-Wahed Hamid 'Abd al-Shah: Iraqi, aged 39

Amjad Ibrahim Hamad al-Shikhaiti: Iraqi, aged 30

'Abd al-Salam 'Abd al-Karim Sa'ud: Iraqi, aged 63

andColonel 'Ala' Hussain 'Ali al-Khafaji al-Jabr: said to be a Kuwaiti national, sentenced to death in absentia

Amnesty International is concerned that the above six people have been sentenced to death and that if their sentences are upheld by the Court of Cassation five of them may face imminent execution. On 8 June 1993, the Kuwaiti News Agency quoted Kuwait's Foreign Minister as saying that these five death sentences and any other future death sentences will be carried out following ratification by the Amir.

On 6 June 1993, Kuwait's State Security Court sentenced to death the five Iraqi nationals named above. They were convicted on charges of "collaboration" with Iraqi forces during the occupation of Kuwait, including by participating in the activities of Iraq's Ba'th Party which worked towards legitimising the occupation, and receiving money from the hostile state in return for causing damage to Kuwaiti national interest. In addition, the first four defendants named above were accused of membership of Iraq's Popular Army in Kuwait and illegal possession of arms and ammunition; the fifth defendant, 'Abd al-Salam 'Abd al-Karim Sa'ud, was also charged with aiding Iraqi forces by revealing the location of depots of spare parts for Kuwaiti petroleum transport tanks and enabling them to seize these parts.

In another case, on 5 June 1993 the State Security Court sentenced to death in absentiaColonel 'Ala' Hussain 'Ali al-Khafaji al-Jabr. Said to be a Kuwaiti national, Colonel 'Ala' headed the nine-man 'Provisional Free Kuwait Government' set up by the Iraqi Government immediately following the invasion of Kuwait. However, less than a week later, on 8 August 1992, this provisional government was dismissed and Iraq announced the annexation of Kuwait. The trial of Colonel 'Ala', who is currently in Iraq, began last year but was adjourned several times before he was sentenced to death on 5 June. He was convicted on charges of "collaboration", which include: deliberately committing acts damaging to Kuwait's independence by heading the provisional government, assisting Iraq militarily in Kuwait, and declaring publicly his acceptance of Iraq's annexation of Kuwait.

Amnesty International opposes the death penalty in all cases as a violation of the right to life, and the right not to be subjected to cruel, inhuman and degrading treatment or punishment, as enshrined in the Universal Declaration of Human Rights.

RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and airmail letters either in English or in your own language:

- expressing concern that the six people named above were sentenced to death on 5 and 6 June 1993;

- urging that these death sentences be commuted by the Amir if they are upheld by the Court of Cassation;

- reiterating Amnesty International's unconditional opposition to the death penalty and urging that no death sentences be carried out.

Page 2 of UA 185/93

APPEALS TO

1) His Highness Shaikh Sa'ad al-'Abdallah al-Sabah

Crown Prince and Prime Minister

Al-Diwan al-Amiri

Al-Safat, Kuwait City, Kuwait

Telegrams: His Highness Shaikh Sa'ad al-'Abdallah al-Sabah, Kuwait City, Kuwait

Faxes: + 965 243 0121

Salutation: Your Highness

2) His Excellency Mshari al-'Anjari

Minister of Justice and Legal Affairs

Ministry of Justice and Legal Affairs

P O Box 6

Al-Safat, Kuwait City, Kuwait

Telegrams: His Excellency Mshari al'Anjari, Kuwait City, Kuwait

Faxes: + 965 246 6957

Salutation: Your Excellency

3) Mr Muhammad 'Abd al-Hay al-Bannay

Public Prosecutor

Ministry of Justice and Legal Affairs

P O Box 6

Al-Safat, Kuwait City, Kuwait

Telegrams: Mr Muhammad 'Abd al-Hay al- Bannay, Ministry of Justice, Kuwait City, Kuwait

Faxes: + 965 246 6957

Salutation: Dear Sir

4) Lieutenant Colonel Muhammad al-Fahed

International Organizations Liaison Office

Ministry of Interior

Al-Safat, Kuwait City, Kuwait

Telegrams: Lieutenant Colonel Muhammad al-Fahed, Interior Ministry Kuwait City, Kuwait

Faxes: + 965 257 0880

Salutation: Dear Lieutenant Colonel

COPIES OF YOUR APPEALS TO:

1) Local human rights groups:

(a) Kuwait Association for the Defence

of War Victims

P O Box 2211, Al-Salmiyya 22023

Kuwait

Faxes: + 965 5332233

(b) Committee for the Defence of Human Rights

The National Assembly (Parliament)

Kuwait City, Kuwait

Faxes: + 965 2416538

2) Newspaper:

Al-Qabas

P O Box 21800

Kuwait City 13078, Kuwait

Faxes: + 965 4834355

and to diplomatic representative of Kuwait accredited to your country. The World Conference on Human Rights is being held in Austria this month and you can enhance the power of your appeals by also sending copies to the diplomatic representative of Kuwait in Austria during June at the following address:

Kuwait Embassy:

The Ambassador

Botschaft des Staates Kuwait

Universitätsstr. 5, 1010 Wien

Austria

Faxes: + 43 222 408 7263

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 22 July 1993.