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Canadian's Saudi death sentence unfair: friend

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Canada AM: Rana Saheb, Kohail family friend

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CTV.ca News Staff

Date: Mon. Mar. 24 2008 9:14 AM ET

A family friend of a Canadian man sentenced to death in Saudi Arabia is calling on the Canadian government to take action on his behalf.

Mohamed Kohail, 23, was convicted for murder after Syrian youth Munzer Haraki was killed on Jan. 13, 2007 in a schoolyard brawl at Jeddah's Edugates International School where his brother Sultan was a student.

Haraki died from internal injuries.

Kohail is sentenced to public beheading by sword, but his family and friends are pushing for his life to be spared, claiming he was not given a fair trial.

Rana Saheb, a family friend, told CTV's Canada AM that the court spent no more than 90 minutes on Kohail's case and his lawyer was only allowed into the courtroom for five minutes during the trial. And witnesses that were slated to speak on Kohail's behalf were not allowed into the court.

"I don't know if anyone considers that a fair court trial, but that's the reason we're fighting for this because he should not be getting a death sentence," Saheb said.

Kohail's brother Sultan has also been convicted, and will be sentenced in early April, Saheb said.

The defence lawyers plan to appeal the conviction, but are asking the federal government to also lobby on Kohail's behalf.

"We have from six to eight weeks after the appeal being sent in to wait for a decision from the Saudi Arabia officials. So I really hope the Canadian government can make a difference and take action on this because I mean this life is going to be on a death sentence."

Earlier in the month a spokesperson for Foreign Affairs Minister Maxime Bernier said the federal government would seek clemency for Kohail, following the instructions of Prime Minister Stephen Harper.

On Sunday, several dozen people rallied on Kohail's behalf on Parliament Hill, despite the sub-zero temperatures. They urged the federal government to apply more pressure on Riyadh.

Canadian officials have visited the brothers in prison but Foreign Affairs says specifics of the case can not be discussed due to the privacy act.

However, Bernier and Secretary of State Helena Guergis are closely following the Kohail case.

"We are deeply disappointed at the verdict handed down by Saudi authorities," said Rodney Moore, a Foreign Affairs spokesman. "We are in close contact with the family and continue to provide consular services. The family continues to explore other legal avenues including an appeal of this verdict."

Forced confession

The brothers say they were beaten until they confessed to the murder of Haraki. Their father has also told reporters Sultan suffered a broken leg while in custody. Sultan, 16 at the time, had allegedly been threatened by a group of school peers after being accused of insulting a Syrian girl.

Mohamed and another friend came to the school to defend Sultan from the threats, which included a kidnapping threat.

Despite a cellphone video of the brawl obtained by The Globe and Mail, the exact events of the schoolyard altercation have yet to be determined. The minute-long grainy video shows approximately a dozen youths fighting as teachers unsuccessfully try to break up the brawl.

The brothers maintain they did not deliver the fatal blows to Hakari.

Mohamed and Sultan, Saudi-born Palestinians, emigrated with their parents to Montreal where they lived from 2000 to 2006 before returning to Jeddah when a family member became ill.

Saheb says Canada is the only country where the brothers have citizenship.

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Comments are now closed for this story

D Johnston
said
0 0

A tragic example of yet another "Canadian" expecting our rules to be applied to a foreign country. Lets be clear, not everyone accepts our liberal belief that we accept no responsibility for our actions. Under Saudi law this is the punishment for the crime. Cruel as we may see it. You do the crime and you accept the consequences. This young man should have been very familiar with this as he just happened to be born there.


M. Cameron
said
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The best way to avoid trouble in Saudi Arabia is to STAY OUT OF SAUDI ARABIA!


Matt
said
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It's unfortunate that many countries don't have what we consider fair legal systems.

I do think the Canadian government should work to encourage all countries to adopt fair trial procedures.

But people have to realize that when you go to a country with a history of human rights abuses and a known unfair legal system YOU are taking a big risk.



Jessie Venegas
said
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It is true that Canadian Laws only apply in Canada. However, this is not an issue as to whether he should pay for a crime he committed and accept the legal punishment. This is a case where a Canadian Citizen is not getting a fair trial, which is a human right violation.

Surely, if this is a case of someone being subject to the laws in a particular country after a fair trial there is nothing Canada can do.

But if it is a matter of ensuring that someone's rights are not violated by not getting a fair trial, that is a different matter all together and Canada should intervene. This does not mean that the boy's life will be saved but at least he will have a change to get his case heard properly and receive the appropriate punishment according to the law in that country.



Abu Garcia
said
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I have to agree with D Johnston on this one. It is a shame that this has happened and it will and must be handled by the Saudi Government.

I am so sick of hearing people in this country wanting our government to step in and shaming our politicians into taking action.

Our politicians need to focus on whats best at home such as child poverty, welfare and our soldiers abroad. There is no time to play interference with another countrys judicial systems.




dave
said
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Of this poor young man's 23 years, he spent a mere 6 years in Canada??!!

And that warrants the intervention of the PMs office??!!

C'mon people...this isn't a Canadian tourist caught in an unfortunate situation.

This guy lived 3/4 of his life in the middle east!!

Although I have sympathy to him, his family and friends (as well as the victim's), I really think the government should stick to managing Canada, and let Saudi Arabia take care of their own.


janet
said
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D Johnston

you've missed the point of the article

he didn't get a fair trial to even determine if he actually did the crime or not,

and it is of great suspicion that he probably didn't since foreign countries are more likely to blame other nationals of the crime rather than blame/prosecute their own





Andrew
said
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I cannot believe the comments of some people who I am ashamed to call fellow Canadians. I believe that their tune would change if it was their son about to be beheaded for a crime that he was not given a fair trial for. I didn't realise the length of time someone spent in Canada affected the validity of their citizenship. This death was an accident for which I am sure these young men are sorry but life is precious and those of us who are no longer neanderthals have moved past an eye for an eye. The gov't is doing the right "TRUE Canadian" response by intervening. My Scottish ancestors who helped build this country would be proud.


Jony
said
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This is clearly a human rights violation,and he is a Canadian citizen. It's apparent that they lived in S.A, immigrated to Canada, and return to S.A. to study or vist an ill family member, so Canada should step in and help. It's unfortunate that he has not been given a fair trial


Rufus
said
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??? I don't recall being born knowing the laws of Canada when I was born. Why would he be expected to know the laws of Saudi Arabia, just because he was born there?

Alex
said
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This kid is a Canadian citizen and his right to a fair trial is being violated. That's it, nothing more to it. Saudi Arabia has one of the most cruel regimes: women have no rights, the smallest crime is punished severely with no chance to a trial (adultery is a crime for example), and yet Americans and Canadians still find Saudi Arabia a friendly country. What right do we have to criticize China if we ignore these human rights violations by our "friends" Saudis.


J
said
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I just find it strange that we are supposed to be bringing Western ideas of democracy and human rights to Afghanistan by force yet get cold feet in criticizing Saudi Arabia because it is the world's largest oil producer. Granted, at a state level it is less of a threat and an important trading partner, but it's human rights record is almost as abysmal as the Taliban's


Devon K.
said
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Call this politically incorrect but if you go to these socially backwards countries - Mexico, Saudi Arabia, Iran, Iraq, Pakistan, India, etc you are putting yourself in harm's way.

Any country with a spotty human rights record, corrupt government officials, police officers that shake down tourists, Constitutions written in pencil, etc are not places to go.

Matt J
said
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We need to fight harder one harder than we've fought on previous Canadians-facing-injustice-over seas cases. This is about more than just Due Process, it's about our ideas against fascist ideas. Please contact the Saudi embassy or your local Saudi consulate.


Jim McB
said
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Regardless of your position on this case there are some facts to be faced.

The Saudi government can be approached by Canadian officials, and that will have some weight. That has been done and continues.

A bunch of protesters flopping around near the parliament buildings will have no effect on the Saudi government at all. It will garner media attention here, and that will have no effect on the Saudi government either. These are feel good actions; nothing more.


Tala
said
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Being proudly both Arab and Canadian, I have to say that I don't hold much sympathy for the Kohail brothers because when in Saudi Arabia, you are under their laws not Canadian laws. We can protest until we're blue in the face and we can despise the Saudi system of Justice (or lack there of) but it is their nation and their laws and anyone travelling there is a guest and you better be on your best behavior.

I do not support the death penalty in anyway and I am hopeful the sentence can be commuted to life in prison after a fair trial but, a young man was killed because of actions of Kohail brothers; another family lost their son and justice must be met.


Tara
said
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It may be that Canadians in foreign countries should be aware of what kind of justice system they are dealing with, but without a fair trial, the innocence or guilt of this man and his brother has not been rigorously examined so how can we have any confidence that the guilty verdict is the correct one? Mohamed Kohail is facing execution. If he is to pay with his life for a crime he maintains he did not commit, then a fair and open trial that does not violate his human rights is the very least we as Canadians should demand. He may very well be guilty, but this is not just about one person or one crime, it is about demanding a standard of fairness -- the kind we afford foreign travellers who are accused of crimes in Canada.


bckate
said
0 0

There is no question we have compassion for the situation in which this young man finds himself. I agree with D. Johnston's comments. We cannot demand our Canadian Judicial values be implemented in a foreign country where there is an established rule of law; even though that rule of law appears regressive to our own Canadian system. Hopefully, diplomatic intervention will be successful in commuting the death sentence.


Victor
said
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How would you like it if the Saudi Laws are applied to people living here in Canada ?

If we keep sticking our noses into other's business we will soon find that our nations will get the same in return.

I stay out of certain countries, because Canadian or Western systems are not followed.

As harsh as this sounds, people need to open their eyes more and avoid risky situations. Pleading ignorance won't always save you in Muslim or communist systems.


Majed Mattar
said
0 0

I have read most of your comments and just wanted to say my part as a Canadian – Arab. Mohamed Kohail was also a Canadian – Arab. It should not matter wither a Canadian has been a Canadian for half of his/her life or born in Canada. A Canadian is a Canadian and should get all the rights a Canadian born in Canada and a Canadian that immigrated to Canada gets. This is our law and our gift from Canada, don’t forget that. Mohamed Kohail’s family decided to move to Saudi, as a result he should follow Saudi laws. No exceptions wither rich, poor, or origin in the world. My wife just left to Saudi on a business trip for 4 days, she read up on the laws and regulations for Saudi and is going to be very vigilant to not break any. She doesn’t expect Canada to cover her back, she expects to cover her own back. Everyone has a brain and a conscience, if one doesn’t know the difference between right and wrong, then they will run into problems in their life.

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