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Abolitionist de facto. The last known execution took place in Executions are carried out by firing squad. Arabic official , French official , Shikomoro a blend of Swahili and Arabic. Likely 7. Seven people were under sentence of death at the end of The prisoner, Youssouf Ali, was sentenced to death for murder the day before his execution and was never given access to a lawyer. Executions in in , p. Aggravated Murder. According to media reports, the new Penal Code adopted on June 24, punishes parricide and murder by poisoning with death.
According to media reports, the new Penal Code, adopted by Comoros lawmakers on June 24, , punishes premeditated murder with death. We believe not. We were unable to consult the new Penal Code adopted in to confirm, but under the former Penal Code, although the death penalty was always denoted using mandatory language, the law permitted a reduced fixed or life sentence based on mitigating circumstances, unless the law provided otherwise.
We believe that there is no mandatory death penalty. No one has been executed in the Comoros since The Child Protection Law and the former Penal Code prohibit the execution of minors under the age of 18, but do not specify the exclusion of individuals who were under 18 at the time of the offense.
Pregnant Women. Under the former Penal Code, pregnant women sentenced to death were not executed until after they gave birth. As a state party to the Protocol to the ACHPR on the Rights of Women in Africa,  the Comoros is bound by an international obligation not to impose capital punishment on pregnant women. Women With Small Children. As a state party to the Protocol to the ACHPR on the Rights of Women in Africa,  the Comoros is bound by an international obligation not to impose capital punishment on nursing mothers.
Mentally Ill. We were unable to consult the new Penal Code adopted in June , but it is likely to contain at least a provision excluding criminal liability for severe mental illness. Penal Code of the Comoros, art. Convention on the Rights of the Child, art. Under Article 10 of the Constitution of the Union, duly ratified treaties take precedence over national laws, as long as they are respected by the other state party or parties.
The Preamble aspires to the fundamental rights and freedoms protected by the Universal Declaration of Human Rights, the Covenant of the League of Arab States, and other international agreements and organizations, particularly the rights of women and children.
The Comoros has historically made very little use of the death penalty and in the last few years seemed poised to abolish it. Only two executions have been carried out in the whole of the history of the Comoros since its independence in At its Universal Periodic Review, the Comoros delegation rejected recommendations that it abolish capital punishment,  but at its review, it accepted the same recommendations and announced legislative reforms that would effect de jure abolition.
By the end of our research, we did not identify any sources to access judicial decisions by Comoros courts. The President of the Union of the Comoros has the prerogative of mercy. Under the Code of Penal Procedure, juries are provided in serious criminal cases, which are heard by the Assize Court.
We were unable to consult the new criminal procedure law, but it is likely to provide for the use of juries in the Assize Court. In and , both judicial executions in the Comoros occurred without the offender having access to an appellate process, given that the National Assembly had not yet named any appellate judges.
Fundamental Law of Ngazidja, Dec. Amnesty Intl. We did not find specific information on where death-sentenced prisoners are held. The main prison is located in Moroni, and there are two smaller prisons in Anjouan and in Moheli. Prison conditions are poor. Prison buildings are old and dilapidated, dating back to French colonial times. Prisons also lack sanitation, ventilation, potable water, and adequate medical services.
As of November , there was at least one foreign national under sentence of death, Fekkak Abdellaziz. We did not find any information about women under sentence of death. Reports suggest, however, that very few women are incarcerated for any crime in Comoros. We found no reports of juveniles under sentence of death, and as far as we know neither of the two men executed in Comoros since independence were juveniles.
Indigent defendants have the legal right to state-funded counsel, but reports indicate that this right is not always respected. Lengthy pretrial detention occasioned by administrative delays and the slow collection of evidence has led to individuals being held beyond the legally mandated period of 4 months without being seen by a judge. Insufficient salaries may partly account for the problem of judicial corruption. American Convention on Human Rights Party?
Not Applicable. Date of Accession Signed? Where can one locate or access judicial decisions regarding the death penalty? What is the clemency process? Brief Description of Appellate Process In and , both judicial executions in the Comoros occurred without the offender having access to an appellate process, given that the National Assembly had not yet named any appellate judges. Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?
Are there lawyers available for indigent defendants facing capital trials? Additional notes regarding this country.
Religious Freedom Report
According to the constitution, Islam is the state religion. Not all Islamic groups are allowed in Comoros. Foreigners involved in such activities may be deported. There is continuous pressure and intimidation against any local converts to Christianity; foreigners, however, are free of this threat. The government does not seem to be even-handed in its punishment of followers of other religions. On 30 th November , the Council of Ministers banned the celebration of the Mawlid Birth of the Prophet festival in all state corporations, but allowed the one organised by the government in Independence Square. Government officials ordered that the minarets of an Ahmadiyya Muslim mosque in Anjouan be torn down on 8 th January
Death Penalty Database