Thursday, December 16, 2010

Lawyer Al-Halmi: Death Sentence of Faris is Invalid Legally


Observed by: Mr. Alaa Isam

Lawyer Arif Al-Halmi said that the defense of the defendant in the case of Al-Wehda Sports Club bombings has agreed to the sentence for "Ali Abdullah," and others, adding, "I am the representative of the accused, Ali Abdullah, and about the judgment of Faris and Raid, unfortunately," the judgment violates the provisions of the law very clearly, as it condemns Faris without forensic evidences, and when we say without a proof, it means according to the law, and the Article (321) of the Code of the Criminal Procedure says "no conviction except upon evidence" and evidence must be legal, and the Court must not relay on any evidence before submitting it and must not have any evidence that has no strength before submitting it to the court. "

The Criminal Court in Aden has decided a death sentence to the accused, Faris Abdullah Saleh, and the detention of another, Abdullah Saleh, (brother of Faris) and acquitted three others on Saturday in a session presided over by the judge, "Muhammad Al-Abyad ".

Al-Halmi in his statement to the Aden News Agency said adding: "unfortunately Faris has been convicted by illegal and fraudulent allegations by the Criminal Court, because his file was stuffed, including what they said as confessions of Faris, in addition to remaining in custody for a long time exceeded the legal period, and the violation of the inviolability of the house of Faris's relatives when he was abducted illegally and violated the sanctity of the home without any court order and any legal justification. "

AL-Halmi added "Faris told the prosecutor that he was tortured while taking statements, he was the prosecutor must have investigated beating him before hearing his statements, and he was also jailed in the Criminal Investigation Department where he was questioned within the administration itself and was not transferred, including that in the first session I was threatened, I am "Aref Al-Halmi," the volunteering counsel in the case, in the courtroom by the security commander of the Sixth Area, then the attack on Al Jazeera television crew from the same security system, who investigated Faris, then arrested the lawyer, "Arif Alhalmi." Those violations that are contrary to the provisions of the law in Article (7) , (14), (15), and (16) of the Code of the Criminal Procedure, which ordered not to arrest without a court order, and taking statements by gaining a hearing is also a violation of law and the seizure of freedom is punishable according to the domestic and international law, as well as the violations of Articles (136), (138), and (139) of the Code of Criminal Procedure of the illegal inspection that must be subjected by the orders of the Attorney General, and the court can only punish someone according to an evidence came in a legitimate way, and when the evidence is illegal, then the conviction is not valid, so the conviction is an invalid decision in accordance with Article (396) and (397) of the Code of Criminal Procedure, these things are clear and this Article also exists in the international laws. "

Al-Halmi said that the defense appealed after the judge's decision, "Mohammed Al-Abyad," who was handed the appeal after the sentence, and noted that some "had been dealing with the issue to enhance his reputation and for his personal service only."

Al-Halmi called to stand against these false judgments "in all ways and the legitimate right of self-defense" also called the people to know the truth of these provisions and to stand against them.


Note:

* Photograph of lawyer Al-Halmi (first from left) in the trial of the issue of Al-Wehda Sports Club bombings that took place in last mid-October.

Source http://bit.ly/feLdAy

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