Mohamed Kohail won't die today

The CBC and the Globe and Mail are reporting that Canadian citizen Mohamed Kohail, on death row in Saudi Arabia for allegedly causing the death of a schoolmate in 2007, is no longer sentenced to die.

According to the reports, the Supreme Judicial Council, Saudi Arabia's highest court, has revoked the death penalty against Mohamed Kohail though not against his brother Sultan (who is being tried separately for his unclear role in the same incident) and not against a third defendant, a Jordanian citizen. It appears that Mohamed may simply be tried again by a newly constituted lower court.

It is unclear how this new ruling is different from a similar one in February of last year, when the Supreme Judicial Council in essence revoked the death penalty against Mohamed by returning the case to the lower court for further review.

Then as now, the ruling apparently in Mohamed's favour is not tantamount to clemency. As the Tuque Souq has commented, only King Abdullah (perhaps under diplomatic pressure) or the family of the victim (perhaps after a restitution payment of several million dollars) can grant clemency.

The guilt or innoncence of Mohamed Kohail under the arm of Saudi jurisprudence has not changed, either. Therefore all we know for sure is that Mohamed Kohail won't die today.

Related posts:

Mohamed Kohail, in his own words

Chop Chop... is Mohamed Kohail next?

Save Mohamed Kohail: Update February 2009

Mohamed Kohail update: Urgent appeal for clemency

Mohamed Kohail, in his own words

The Canadian Press released a story late yesterday confirming that Mohamed Kohail, the Canadian citizen on death row in Saudi Arabia, delivered a letter to Prime Minister Stephen Harper via Conservative MP Deepak Obhrai who visited Mohamed Kohail in prison in Jeddah last December.

Extra troubling, aside from the obvious, is that Mr. Obhrai wouldn't confirm whether Mr. Harper even read the letter, leading critics to charge that the Harper administration is trying its best to stay out of this whole affair.

Here is Mohamed Kohail in his own words, to PM Harper:

“Mr. Harper, I have been in jail for two years now. I am imprisoned with hundreds (of) high-profile criminals in Saudi Arabia for a crime that I did not commit... I was tortured to sign a confession... I was misinformed that I would be allowed out of custody the moment I signed it...

“Mr. Harper, I'm 24 now and I don't know how much (more) time I will spend in prison or how much time is actually left on my life... You have ordered your officials to seek clemency for me in Saudi Arabia back in early March (of 2008). However, I have not seen tangible actions made since then... Every time I was assured by the Canadian Embassy (representative) that the government is working secretly on the highest level of officials, the court upholds the death penalty... I was told by the judges that I should not think I would escape the death penalty ... since I am Canadian...

“I've lost my hair, two years of my life and see death coming to me closer every day... I want to come back to Canada to finish my degree — me and the rest of the family — and continue my life as a good citizen... [I beg you to use] every way possible to get me out of this situation.”

Last week, the government of Saudi Arabia decapitated five men--among them Sultan Bin Sulayman Bin Muslim al-Muwallad of Saudi Arabia and ‘Issa bin Muhammad ‘Umar Muhammad of Chad, both of whom were 17 when they committed (admittedly atrocious) crimes--in public executions. This brings the toll to 36 so far this year on Saudi Arabia's state-run chop blocks.

Anyone who thinks Mohamed Kohail has a magic get-out-of-beheading-free card is sorely mistaken. As the Tuque Souq has pointed out here, here and here, the Harper clique is about the only hope that Mohamed Kohail has for justice.

The Harper government spent political capital (and almost certainly a few million loonies, through various channels) to bring home two Canadian diplomats kidnapped in western Africa. Is the cost really that much higher for Mohamed Kohail, or for that matter Abousfian Abdelrazik or Omar Khadr?

Chop Chop... is Mohamed Kohail next?

For sale: The life of a Canadian citizen on death row in Saudi Arabia. Goes by the name of Mohamed Kohail. Special 2-for-1 sale. Asking price: $5 million.

The article "Chop Chop Square" by Adam St. Patrick in the new issue of The Walrus magazine makes a heavy footprint on the hearts of those following the Kohail case. The author is reporting from... well, I think the title makes that plain. He witnesses a public beheading in Saudi Arabia, and wonders whether Mohamed Kohail will be next on the block.

It may not be long: in the latest serve-and-volley between Saudi courts, a lower court at the request of a higher court upheld its own earlier decision to uphold the death penalty against Mohamed Kohail for his part in the death of a schoolmate. [For more background on this convulution of justice, see our most recent Tuque Souq posting on the Kohail saga. Mohamed's younger brother Sultan Kohail also faces a possible death sentence.]

The Kohail case is a tragic casualty of the seemingly unending war between Saudi jurisprudence and Reason, underscored no more precisely than in Wednesday's Globe and Mail article which laid out the cogent argument that the Kohail brothers are now essentially being held for ransom--blood money--by the victim's family, which has the power to grant clemency.

As Mr. St. Patrick affirms in his article about the Saudi system of capital punishment: "[A]t any time until the sword strikes, a victim’s family can pardon the condemned — usually for a cash settlement of at least two million riyals ($690,000 or so) from the convict or his family."

Except that in the case of the Kohail brothers, the asking price is almost ten times that: $5 million, according to the report in the Globe.

Amnesty International has issued an "urgent action" petition for clemency, indicating that the successful application of swift, direct pressure on Saudi Arabia from the outside--don't bother turning your head, Mr. Prime Minister, we are looking at you--is now the only way to save the Kohails.

Or five million bucks. Hey, why don't we ask some of those folks who are paying off Somali pirates?

Save Mohamed Kohail: Update February 2009

Earlier this month, the fate of Mohamed Kohail for the first time in 2 years looked infinitesimally sunnier after the Supreme Judicial Council of Saudi Arabia decided against upholding the death sentence against the Canadian citizen, his brother Sultan, and a third co-defendant who is Jordanian.

The Council asked the lower court to revisit its ruling and death sentence. This is not the same thing as the Supreme Council rejecting the death sentence; by not upholding the ruling the Supreme Council is basically asking the lower court: "Are you sure?" The Kohails are far from in the clear.

[Brief background: the Kohail bros. are on death row in Saudi Arabia for allegedly causing the death of a schoolmate in a brawl in January 2007. They are Canadian citizens of Palestinian origin. Find out more in our Tuque Souq Mohamed Kohail bureau.]

Liberal MP Dan McTeague (Pickering-Scarborough East) is Parliament's point man on the negotiations to free the Kohails (at least from the clutches of the Saudi justice system). Click here to send the Hon. McTeague an email, encouraging him to step it up and free these boys on death row.

Also, an update on an item we mentioned in an earlier Kohail post:
There is an online petition for clemency for Rizana Nafeek, the Sri Lankan national who is facing the death penalty in Saudi Arabia for allegedly causing the death of an infant she was babysitting; Rizana was 17 at the time. According to the Asian Human Rights Commission, Ms Nafeek is very ill in prison and must undergo surgery while awaiting the outcome of her trial.

[Also not so unrelated: this press release from the Canadian Association of Journalists came across the wire today about freelance Canadian journalist Amanda Lindhout, who is still missing and presumed kidnapped in Somalia for 6 months now.]

Saudi executions down 33% in 2008, but the damned aren't consoled

The decapitation of Mohamad al-Sehimi in Saudi Arabia on December 30th brought the number of executions in the kingdom in 2008 to 102, which is way more than even Texas.

The Saudi record for executions in a year is 158, set last year, according to Amnesty International.

For 2009, whither Mohamed and Sultan Kohail, the Canadian brothers on death row in Saudi Arabia for allegedly causing the death of a classmate in a schoolyard skirmish? Ever since our government went on a 7-week holiday, there's been no update on the status of the Harper clique's attempt to bring the brothers home.

The Kohails remain on death row in Saudi Arabia, facing execution by beheading. They are not alone. Rizana Nafeek faces the death penalty any day now for the alleged killing of a child she was babysitting; she was 17 at the time and never saw a lawyer on her way to sentencing. She's also not a Saudi national, rather a foreign worker like much of the kingdom's labour force.

Mohamed Kohail update: Urgent appeal for clemency

An update in today's Globe and Mail on the now-perilous situation facing Mohamed Kohail, the Canadian citizen on death row in Saudi Arabia, found guilty and sentenced to death for the alleged killing of a fellow student in a schoolyard skirmish.

"Only the Saudi king can prevent Canadian's beheading," the paper put it starkly. The family of the slain boy has refused to grant clemency, which under Saudi law they can do.

[The Tuque Souq has been covering the case since March, when young Mohamed was first sentenced.]

The uncle of the deceased boy summed up the efforts to save Mohamed Kohail thus far:

"I will not listen to them [appeals for clemency]... I have thought about forgiveness a hundred times, but a hundred and one times I have concluded these people [referring to Mohamed and his brother Sultan, also implicated] don't deserve it. They cannot just push us to forgive without counting the crime that has been committed. Execution is the only justice.

"The King is the majesty of us all. If he says drop everything we will."

Simply put, either Saudi King Abdullah spares Mohamed, or he (and possibly his brother, who will return to court for sentencing next week) will die.

A strong diplomatic initiative from the Canadian government to pressure the government of King Abdullah might save Mohamed Kohail.

More than 2000 have already signed this online petition to the Canadian government.

But there's more to do. Find your member of Parliament here and write him/her a letter, citing the case. Write to Foreign Affairs Minister Peter MacKay. Write also to Jack Layton, NPD leader, who has voiced his support for freeing Mohamed Kohail.

Write, phone and fax the Embassy of Saudi Arabia in Canada:
201 Sussex Dr
Ottawa,ON K1N1K6
Telephone 613 237 4100
Facsimile 613 237 0567

WHAT TO SAY:

In Canada we've long repudiated the death penalty, and therefore there is no situation in which a Canadian citizen facing a state-imposed death should be acceptable to the Canadian government or the people of Canada. Even under Prime Minister Stephen Harper's policy regarding Canadian citizens on death row in "democratic" countries, the Canadian government is obliged to pressure the government of Saudi Arabia to release this Canadian citizen to Canadian custody. He did not receive a fair trial in a democratic country.

Mohamed Kohail has maintained his innocence. Ours is the moral high ground in this case, but more importantly any time a life may be saved, it behooves us to take all steps to ensure the safety of that life. I urge my government to make this a priority. I urge you all to take these steps and more to save the life of a Canadian citizen.

Mohamed Kohail update

In the battle to save the lives of Canadian citizens Mohamed and Sultan Kohail, the final showdown may come down to the Canadian government versus the family of the boy that Mohamed [PICTURED] and Sultan are accused of murdering.

[See this earlier Tuque Souq post for a background on the two brothers' dire situation on death row in Saudi Arabia.]

From a recent article in The Globe and Mail: "Under Saudi law, the victim's family can grant mercy just before the execution. The father of the dead man told The Globe and Mail he will forgive the brothers if they admit their guilt and Canadian officials back off their efforts to help them."

Essentially, the family of the victim wants the boys to fess up (after a Saudi court already found both boys guilty in separate, highly secretive trials earlier this year) before it will wield its power of clemency.

But an admission of guilt will take away Canada's moral high ground on this issue: namely, to criticize the dubious Saudi justice system and argue before the court of public opinion (at least in Canada) that the boys did not receive a fair trial. No doubt the Saudi government would love to see the two condemned boys torpedo their own claims of injustice and exonerate the Saudi system of jurisprudence in the face of Western criticism.

It's a dangerous bluff. If the Canadian government calls it, perhaps the boys' lives will still be saved by our steadfast commitment to the laws and principles of this country. If we take the path of least resistance - and let the boys plead guilty (which may or may not save their lives) - we'll just be another Western-elite hypocrite and we'll weaken our ability to save future lives and argue against tyrannical forms of justice.

Bring Mohamed Kohail back to Canada

Justifiably making the teacups rattle on Parliament Hill this week was the case of Mohamed Kohail, a Canadian citizen from the Montreal suburb of Dollard-des-Ormeaux who, on March 3 at 13:00 local time, was sentenced to death – by public beheading, it is presumed – for murder in Saudi Arabia.

[Concerned Canadians should consider signing this petition.]

The plight of young Mohamed, who received what would graciously be described as abominable due process, gives the Harper government a chance to review its own policy, announced last October, that it would no longer go to bat for Canadians found guilty of crimes in “democratic countries where the individual will receive a fair trial.”

Of course, few people outside of those secret courtrooms in Saudi Arabia would argue that Mohamed Kohail received a fair trial, which is why the Canadian government can sound so magnanimous in seeking clemency for this young man.

A Canadian Press story recaps the events of the crime, which took place in January, 2007:

The two boys [Mohamed Kohail, then aged 22, and his brother Sultan] were involved in a fight that broke out after a girl's male cousin accused Sultan of insulting her. The brother demanded an apology, but Sultan refused. Sultan, then 16, said he called for help from Mohamed when he was confronted by several boys over the insult. According to the account of the Kohail brothers, Mohamed Kohail arrived at the school with a male friend to face about a dozen of the girl's male relatives and friends. Some were armed with clubs and knives. One of the attackers was punched, fell to the ground and died. He has been identified as Munzer Haraki [aged 19], a cousin of the girl who was supposedly insulted.

For the sake of liberating Mohamed Kohail and his brother (still awaiting trial and a possible death sentence), the Harper government’s case-by-case approach to protecting Canadians abroad should be wielded to do, at the very minimum, exactly what it can: spare the life of a human being, who fortunately in this case happens to be a Canadian citizen.

Assuming, for the time being, that the Harper government presses Saudi Arabia and the latter agrees to at least commute Mohamed Kohail’s sentence, Harper’s inarticulate litmus test for “democratic countries” and “fair trial” should come under further scrutiny. As NDP leader Jack Layton put it:

“It [Harper’s policy] means they're not going to know, they're going to have to check with the prime minister to see whether a Canadian facing a death penalty in one country is going to be defended, whether a Canadian in a different country is not… [The government is choosing] which country offers a death penalty that it finds acceptable.”

But let's not forget that Canada, by law, actually finds the death penalty unacceptable, and therefore there is no democracy nor quasi-democracy nor totalitarian oil-rich kingdom on Earth whose “fair trial” leading to the execution of a Canadian citizen should be palatable to a Canadian government.

Then, of course, there is the matter of taking Saudi Arabia to formidable task for its death-penalty policy, described in some of its terrible detail by Amnesty International Canada: religious and racial discrimination, accusations of witchcraft and apostasy, imprisonment without trial; these and other so-called crimes that often lead to public beheadings.

In fact, it was AI’s USA branch that much earlier detailed the horrific prospects facing Mohamed Kohail and his brother, in a release [PDF] last August about the execution of Saudi citizen Dhahian Rakan al-Sibai’i, who was found guilty of an alleged murder he committed while he was a child and killed by his own government.

No one expects Harper to take very much action. While the case of Mohamed Kohail should not be ignored until he is finally beyond the clutches of the brutal Saudi justice system, neither should that justice system continue to escape the attention of “democratic nations” such as ours even when Mohamed is finally back in Canada.