Yassin, Thomas to be hanged Monday - Amnesty objects to move By Courtney Jones Stabroek News September 11, 1999 Just over twelve years after an Essequibo Coast resident was brutally shot to death in his bed, two men convicted for his murder are scheduled to face the hangman on Monday morning after years of legal manoeuvres to escape capital punishment. Director of Prisons, Dale Erskine confirmed yesterday that Execution Warrants were read to Abdool Salim Yassin 48, and Noel Thomas 41, on Thursday. He added that the two men are scheduled to hang at 8 am on Monday September 13 at the Georgetown Prison and promised that a statement would be forthcoming from the prisons "soon". A prison source told Stabroek News that both men listened calmly when the warrants were read. The two were convicted of the murder of Yassin's younger brother, Abdool Kaleem Yassin 27, who was shot to death in his bed at his Riverstown, Essequibo coast home on the night of March 18, 1987 by Thomas who was paid by Yassin to do the deed. The murder resulted from a dispute between the killer and his brother over inheritance. Thomas and Yassin were found guilty during the Essequibo Session of the High Court in April, 1988. Yassin and Thomas were granted a stay of execution on Tuesday May 5, 1996 pending hearing and determination of their appeal against their death sentence. The appeal stemmed from Justice Oslen Small's ruling on February 26, 1996 not to commute the death sentence of the two murderers to life imprisonment as they had sought in a motion instituted on February 2, 1996, the day after the Execution Warrant was read to them for them to be hanged on Monday, February 5, 1996. In the motion brought by the two men, their team of defence lawyers headed by Senior Counsel Doodnauth Singh had contended that the two men were subjected to inhuman and degrading treatment in contravention of Article 141 (1) and 144 (1) of the Guyana Constitution. Justice Small had thrown out the motion ruling that there was no evidence singularly or collectively to support their contention and to warrant a commutation of their death sentences to life. The day following Justice Small's ruling, an appeal was filed on behalf of Thomas and Yassin in which it was stated that they were dissatisfied with the decision and that denying them the relief they sought was wrong by law. On Monday, March 5, 1996, the Court of Appeal ordered a further stay of execution for the two men pending the determination of their appeal. The judges presiding in that court included the President of the Court, then Chancellor Aubrey Bishop, Justices of Appeal, Prem Persaud and Maurice Churaman and two additional judges from the High Court Nandram Kissoon and Donald Trotman. The grounds of appeal included that the trial judge erred in law when he held that on the facts and circumstances of the case Article 144 of the Guyana Constitution was not applicable and that the period of incarceration on death row which then amounted to five years and seven months was not sufficient to warrant a commutation of their death sentences to life imprisonment. The case of the two convicted murderers drew more interest when the matter came up as to whether then Attorney General, Bernard De Santos should appear on behalf of the State in the appeal when he defended the man at the first High Court trial and appeal. Also whether De Santos should appear being the Chairman of the Advisory Council on the Prerogative of Mercy. The matter was eventually settled in his favour. Singh told Stabroek News yesterday that he has since spoken to the international human rights organisation, Amnesty International and officials of the Guyana Human Rights Association (GHRA) requesting them to make the necessary representation to the Guyana government. Singh also said that Yassin's family wants their lawyers to approach the courts (to seek a stay of execution) but that he had advised against it. He disclosed that he had told the family that representation on behalf of Thomas and Yassin at this stage should be "made at a different level". Meanwhile, a statement yesterday from the London-based Amnesty International alleged that the two convicted murderers were denied a fair trial and described the scheduled execution as "a flagrant breach of Guyana's obligations under international law". It said the men were due to be hanged despite a ruling of the United Nations Human Rights Committee not to execute them. "The Government of Guyana has an obligation to comply with the Committee's ruling" the Amnesty statement said adding that if the men are hanged despite the Committee's ruling "it will seriously undermine the international system for Human Rights protection". The UN Human Rights Committee ruled in March 1998 that the fundamental rights of the two men - including the right to a fair trial - had been violated in the course of the proceedings against them. It decided that the violations were so severe as to recommend the release of Thomas and Yassin. Guyana has since withdrawn from the optional protocol through which appeals against death sentences are lodged. In particular, noted the Amnesty release, the Committee found that the conditions of detention violated the duo's right to be treated with respect for the inherent dignity of the human person. "Mr Yassin was not allowed legal representation for the first four days of his trial and police dairies and notebooks which may have contained evidence in their favour went missing which impeded the preparation of their defence", the Amnesty release said. The last convicted murderers to be hanged were Michael Archer, 37 and Peter Williams on Monday, August 25, 1997 for the strangulation murder of Corentyne resident Rasheeda Khan in 1986 during a botched robbery attempt. The men from New Amsterdam were sentenced to death on January 14, 1991 and were executed after the Advisory Council on the Prerogative of Mercy found no reason why the death penalty should not be carried out. A © page from: Guyana: Land of Six Peoples