Kohail brother murder case

Mohamed and Sultan Kohail
Born	Mohamamed Kohail - 1985 (age 25–26)[1] Sultan Kohail 1991 (age 19–20)[1] Saudi Arabia
Charge(s)	Mohamamed Kohail - Murder [1] Sultan Kohail Accersory to Murder
Conviction(s)	Found guilty by Saudi low level general court
Penalty	Mohamamed Kohail - Death by Beheading [1] Sultan Kohail - originally sentenced to one year in prison and will receive 200 lashes[1] later overturned on appeal that Court was unable to issue death sentence and re-tried. Decision of General Court still pending.[2]
Status	Appeal
Occupation	Students

Mohamed Kohail born 1985 (age 25–26) and Sultan Kohail born 1991 (age 19–20) were born in Saudi Arabia and lived there 16 years before moving to Montreal, Canada where they got citizenship and the family spent 6 years (2000–2006). Mohamed has been found guilty in a Saudi court for the murder of a 19 year old Syrian boy, Munzer Hiraki, who died in a schoolyard brawl in January 2007.^[3] If the death penalty is granted, then, in accordance with Saudi law, Mohamed Kohail could be beheaded in public. Sultan Kohail was sentenced to one year in prison and 200 lashes. This was later appealed by the prosecution on the grounds that the Juvenile Court was unable to issue a death sentence and the case was overturned to be retried before the General Court. Sultan still awaits the verdict of the trial of the General Court.^[2] According to international law, if sentenced to death, Saudi Arabia would be violating the UN Convention on the Rights of the Child.^[4] and the International Convention on Civil and Political Rights..^[5]

The incident

In January 2007, Mohamed and his brother Sultan were involved in a fight that broke out after a girl’s male cousin accused Sultan of insulting her.^[6] The girl's cousin 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.^[6] 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.^[6] But the girl's relatives claim that they were more than 14. The Kohail brothers were attacked by a large group of young men carrying electrified rods and chains. A brutal brawl started and according to the victim's cousins, Sultan, Mohamed and another boy grouped on Munzer and beat him to death. There is no footage on this event. However there is a clear film that shows the victim, Munzer, kicking Mohamed in the head.^[7]

The Kohail defense team deny that Munzer died because of the fight but they say that he had heart problems. The autopsy shows that Munzer had an underlying heart disease.^[7] Munzer's mother showed a health certificate of the victim made 6 months before the fight happened and it showed that he was in perfect condition. When asked why she had obtained a health certificate, Munzer's mother replied that her son needed a health certificate so that he could run in a marathon.^{[citation needed]}

Trial

Their original trial before the General Court took place over nine sessions, lasting approximately 10 minutes per session.^[3] Their lawyer was allowed to attend only the last one or two, and was not allowed to challenge the evidence brought against his clients.^[3] During the hearing on March 3, the Kohail defense brought two witnesses but the court did not take them into consideration.^{[citation needed]}

Sentence

On March 3, 2008 the court sentenced Mohamed Kohail to be executed by public beheading.^[8] The death penalty by beheading in Saudi Arabia is executed in public after Friday noon prayer by chopping off the head using a sword.

Sultan and Mohammed Kohail, as well as Mehanna Sa'ad are subjects of an Amnesty International Urgent Action appeal.^[9]

In February 2009, the Saudi supreme court rejected his death sentence and asked the lower court to revise its ruling. The Supreme Court Council must approve all capital punishment sentence before it is referred to the king, who is considered the ultimate authority.^[6] However, on April 2, 2009, the lower court rejected the recommendation of the higher court and reconfirmed the death penalty. However, this does hold open the option of a retrial. ^[10]

See also

• Ronald Allen Smith
• William Sampson

References

1. ^ ^{a b c d e} "Canadian a step closer to execution in Saudi Arabia". CBC News. November 7, 2008. http://www.cbc.ca/canada/montreal/story/2008/11/07/kohail-appeal.html. Retrieved 2009-03-05. 
2. ^ ^{a b} "Second brother from Montreal faces beheading". © (c) CanWest MediaWorks Publications Inc.. Calgary Herald. August 14, 2008. http://www.canada.com/calgaryherald/news/story.html?id=f242ac76-4abd-4ef0-b7cb-f8006bc0f5ab. Retrieved December 3, 2009. 
3. ^ ^{a b c} "Document - Saudi Arabia: Further information on Death Penalty/ Fear of imminent execution". Amnesty International. 2007. http://www.amnesty.org/en/library/asset/MDE23/037/2008/en/829c3b6b-6ad8-11dd-8e5e-43ea85d15a69/mde230372008en.html. Retrieved 2009-03-05. 
4. ^ "Stop Child Executions". Copyright © 2009 Stop Child Executions.. 2009. http://www.stopchildexecutions.com/. Retrieved December 3, 2009. 
5. ^ "International Covenant on Civil and Political Rights". United Nations. 2011. http://www2.ohchr.org/english/law/ccpr.htm#part3. Retrieved October 25, 2011. 
6. ^ ^{a b c d} "Saudi top court rejects death sentence of Canadian". CBC News. February 10, 2009. http://www.cbc.ca/canada/story/2009/02/10/saudi-beheading.html. Retrieved 2009-03-05. 
7. ^ ^{a b} Aubrey Harris (November 9, 2008). "Abolish the Death Penalty". Amnesty International Canada. http://www.amnesty.ca/blog_post2.php?id=523. Retrieved 2009-03-10. 
8. ^ "Canadian's sons may be beheaded in Saudi Arabia". Montreal Gazette. November 7, 2008. http://www.canada.com/vancouversun/story.html?id=300f6a00-1c1f-4053-8568-31959d7b5034. Retrieved 2009-03-05. 
9. ^ "Fear of imminent execution - Index Number: MDE 23/037/2008". Amnesty International. 14 August 2008. http://www.amnesty.org/en/library/info/MDE23/037/2008/en. Retrieved 2009-03-05. 
10. ^ "Saudi court upholds Montreal man's death sentence". CBC News. April 2, 2009. http://www.cbc.ca/world/story/2009/04/02/kohial-death-sentence.html. Retrieved 2009-04-02. 

Persondata
Name	Kohail, Mohamed
Alternative names
Short description
Date of birth	1985
Place of birth	Saudi Arabia
Date of death
Place of death