Oman
Information current as of: February 5, 2011
General
Official Country Name
Sultanate of Oman (Oman). [1]
Geographical Region
Asia (Western Asia). [2]
Death Penalty Law Status
Retentionist.
Methods of Execution
Hanging.
According to the translation of the Penal Code on file with the United Nations, hanging is the method of execution. [3] In practice, however, hanging has not been noted as the method of execution in past reports about pending executions. [4]
Shooting.
According to Amnesty International, death sentences are usually carried out by firing squad. [5]
Comments.
The conflict between the law on file with the United Nations [6] and the actual practice in Oman regarding executions [7] suggests that the law on file might not be fully updated.
References
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Country Details
Language(s)
Arabic. [1]
Population
3,370,000. [2]
Number of Individuals Currently Under Sentence of Death
Approximately four.
While we cannot be absolutely certain, we believe few people are on death row in Oman. There is an absence of data from 2007 to 2014 on the use of the death penalty in Oman. [3] Two people were executed in 2015, suggesting several people on death row, and no death sentences were recorded. [4] No death sentences or executions were recorded in 2016 [5] or in 2017. [6] Four death sentences were recorded in 2018. [7]
(This question was last updated on May 30, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on October 14, 2020)
0. [8]
Executions in 2019
0. [9]
Executions in 2018
0. [10]
Executions in 2017
0. [11]
Executions in 2016
0. [12]
Executions in 2015
2. [13]
Executions in 2014
0. [14]
Executions in 2013
0. [15]
Executions in 2012
0. [16]
Executions in 2011
0. [17]
Executions in 2010
0. [18]
Executions in 2009
0. [19]
Executions in 2008
0. [20]
Executions in 2007
0. [21]
Year of Last Known Execution
2015. [22]
References
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Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
Murder of an ascendant or descendant, or with cruelty, or in furtherance of another offense, or with planning carries the death penalty. [1] Most aggravated murder is punishable by a maximum sentence of life imprisonment. [2] While murder of a public official is considered an aggravated murder, [3] only murder of a drug enforcement authority during or because of the performance of his duties carries the death penalty. [4]
Other Offenses Resulting in Death.
False accusation or testimony resulting in the conviction and execution of the accused is punishable by death or life imprisonment. [5] Arson resulting in death carries the death penalty. [6] Piracy resulting in death carries the death penalty. [7] Assaulting or resisting an authority charged with enforcing the drug laws, resulting in death, carries the death penalty. [8]
Terrorism-Related Offenses Resulting in Death.
Terrorism resulting in death carries the death penalty: leading an armed group that engages in spreading disorder by killing, if the group assaults the public safety or assaults or resists a State authority charged with security; [9] committing an act which tends to cause a state of panic by means which cause a public threat, resulting in death; [10] hijacking resulting in death; [11] assault upon roads, communications and “other public facilities” resulting in death. [12]
Terrorism-Related Offenses Not Resulting in Death.
Terrorism not resulting in death is punishable by death: leading an armed group that engages in spreading disorder, if the group assaults the public safety or assaults or resists a State authority charged with security; [13] committing an act which tends to cause a state of panic by means which cause a public threat, resulting in the destruction of a “populated building;” [14] hijacking resulting in the partial or total destruction of an aircraft. [15]
Drug Trafficking Not Resulting in Death.
Treason.
Drug trafficking, cultivation, manufacture, or financing the same might be punishable by death. [16] “The penalty of death shall be imposed” when the offender is a recidivist, or is a public servant charged with enforcing drug laws, or uses a minor to commit the offense, or is involved with an international smuggling gang, or exploits legally granted authority or immunity in committing the offense. [17] In considering recidivism, courts “shall” give consideration to foreign convictions. [18]
Espionage.
Acts against the internal security carry the death penalty: assault or attempt on the person or life of the Sultan, or on his family members (when endangering their lives); [19] assault to dethrone the Sultan; [20] use of force to overthrow the regime; [21] planning or instigating an armed insurrection (that actually occurs); [22] leading an armed group that engages in spreading disorder, if it assaults the public safety or assaults or resists a State authority charged with security. [23]
Acts against external security carry the death penalty: assisting or fighting for the enemy against the State; [24] successful attempts against territorial integrity, or any violent attempt which results in a killing; [25] undermining the defense; [26] espionage during war or for a hostile state; [27] assaults against foreign heads of state or diplomats, threatening life. [28]
Other Offenses Not Resulting in Death.
Omani and foreign individuals alike are punished by death for spying during wartime or to benefit a hostile state. [29]
Comments.
- Piracy resulting in the sinking of a vessel carries the death penalty. [30]
- There are reports that piracy not resulting in death or the sinking of a vessel could be punished by death, perhaps under state security laws. [31] These reports involved a case in which a band of armed pirates resisted the Coast Guard and Navy. Although the prosecution sought death, the pirates were sentenced to life imprisonment.
- Leading an armed group that engages in spreading disorder (such as by sabotage, pillage or killing), if it assaults the public safety or assaults or resists a State authority charged with security, is punished by death. [32]
- Aggravated offenses punishable by life imprisonment: Recidivists, ringleaders, those who intentionally become drugged or intoxicated to commit a crime, or those against whom the court finds other aggravating factors (such as base motive) may be punished by death instead of life imprisonment. [33]
Does the country have a mandatory death penalty?
No. Although the penal law provides for the death penalty using mandatory language in numerous cases, Article 111 of the Penal Code permits a judge to sentence an offender to 7-15 years’ imprisonment or life imprisonment instead of the death penalty when the judge finds “mitigating reasons.” [34] Roger Hood & Carolyn Hoyle do not report that the death penalty is mandatory for any crime in Oman. [35] The International Harm Reduction Association correctly identifies mandatory language for aggravated drug trafficking offenses, [36] but does not account for the fact that Decree No. 17 of 1999 (on drug control) was promulgated under the Penal Code and contains no article excepting the application of Article 111 of the Penal Code. While we cannot be absolutely certain of the state of the law, our reading of the law is that there is no mandatory death penalty in Oman.
According to a 2000 memo by Amnesty International, courts may consider a payment of diyat (blood money) to the victims’ kin in determining whether to pronounce a sentence of death for murder. [37] Amnesty’s observation that the courts usually pronounce a reduced sentence if kin accept diyat is probably accurate given Oman’s Shari’a law tradition; however, Amnesty should not be interpreted to imply that the death penalty is mandatory absent acceptance of diyat. The offenders in question were sentenced to death for murdering three owners of a jewelry store in order to further a robbery, one of the few aggravated murder offenses punishable by death in Oman. [38]
For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
Our reading of the law is that there is no mandatory death penalty in Oman because courts are permitted to avoid the death penalty for “mitigating reasons.” [39] In 2008, Hood & Hoyle did not report that the death penalty is mandatory in Oman. [40]
Crimes For Which Individuals Have Been Executed Since January 2008:
The last executions in Oman occurred during 2001. [41]
Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime.
The maximum penalty for an individual convicted of committing a death-eligible offense prior to attaining the age of 18 is 10 years’ imprisonment. [42]
Pregnant Women.
Death sentences against pregnant women are stayed and, upon live birth, commuted to life imprisonment. [43]
Women With Small Children.
Death sentences against pregnant women are stayed and, upon live birth, commuted to life imprisonment. [44]
Intellectually Disabled.
“Any person with a mental hereditary or acquired disability” shall benefit from a mitigating excuse, and the maximum punishment for a capital offense will be temporary imprisonment of at least one year. [45]
Mentally Ill.
“Any person with a mental hereditary or acquired disability” shall benefit from a mitigating excuse, and the maximum punishment for a capital offense will be temporary imprisonment of at least one year. [46] “A person who commits a crime while in a state of lunacy having deprived him of consciousness or will shall not be punished.” [47]
Comments.
We used the English copy of the Penal Code on file with the United Nations, but it may be out of date.
References
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International Commitments
ICCPR
Party?
No. [1]
Date of Accession
Not Applicable.
Signed?
No. [2]
Date of Signature
Not Applicable.
First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee
Party?
No. [3]
Date of Accession
Not Applicable.
Signed?
No. [4]
Date of Signature
Not Applicable.
Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty
Party?
No. [5]
Date of Accession
Not Applicable.
Signed?
No. [6]
Date of Signature
Not Applicable.
American Convention on Human Rights
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Death Penalty Protocol to the ACHR
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
African Charter on Human and Peoples' Rights (ACHPR)
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Protocol to the ACHPR on the Rights of Women in Africa
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
African Charter on the Rights and Welfare of the Child
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Arab Charter on Human Rights
Party?
No. [7]
Date of Accession
Not Applicable.
Signed?
No. [8]
Date of Signature
Not Applicable.
2018 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [9]
Vote
Against. [10]
Signed the Note Verbale of Dissociation
Yes. [11]
2016 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [12]
Vote
Against. [13]
Signed the Note Verbale of Dissociation
Yes. [14]
2014 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [15]
Vote
Against. [16]
Signed the Note Verbale of Dissociation
Yes. [17]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [18]
Vote
Against. [19]
Signed the Note Verbale of Dissociation
Yes. [20]
2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [21]
Vote
Abstained. [22]
Signed the Note Verbale of Dissociation
Yes. [23]
2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [24]
Vote
Abstained. [25]
Signed the Note Verbale of Dissociation
No. [26]
2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [27]
Vote
Against. [28]
Signed the Note Verbale of Dissociation
Yes. [29]
References
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[29]
Death Penalty In Law
Does the country’s constitution make reference to capital punishment?
Oman does not have a constitution. Its Basic Statute does not expressly discuss capital punishment or a right to life. However, it does contain provisions that directly relate to capital punishment. Article 2 provides that “Islamic Shari’a is the basis for legislation,” and Article 21 provides that “[n]o crime or punishment is cognisable as such except by virtue of a Law, and there shall be no punishment except for acts subsequent to the Law coming into force wherein such acts are provided for.” [1] These provisions imply that Shari’a serves as a constitutional limit on legislation and that laws must be codified in order to be applied.
Does the country’s constitution make reference to international law?
Oman does not have a constitution. Oman’s Basic Statute does not explicitly discuss human rights agreements, but does provide that “[n]o authority in the State shall issue directives, regulations or decisions that contradict the provisions of the applicable Laws and decrees, or international treaties and agreements which are part of the Law of the Land.” [2] This suggests that ratified agreements published in the Official Gazette have the force of law. [3]
Have there been any significant changes in the application of the death penalty over the last several years?
The last reported executions in Oman occurred during 2001, [4] and our research indicates that death sentences are pronounced rarely—and not at all over the last few years [5] — and that only one person is held under sentence of death. [6] The Sultanate promulgated new anti-drug laws (providing for the death penalty) in 1999 and 2000, [7] but we were unable to confirm whether individuals sentenced to death under those laws [8] have been executed. In 2008, Oman abstained from voting on the U.N. Moratorium Resolution, [9] and did not sign the Note Verbale. [10]
Over the past decade, Oman has instituted a civil court system and may have improved access to appeals in capital cases. In 1999, Oman instituted a civil court system. [11] U.S. Department of State reports from around that time describe the reform as instituting a full civil law system, including courts of appeal with a separate penal division for criminal matters. Previously, under a 1984 decree felonies were adjudicated by a panel and “all rulings of the felony panel were final except for those in which the defendant was sentenced to death.” [12] By 2006, the Department no longer discussed the system in place under the 1984 decree. [13] In 2000, Amnesty International reported that individuals facing death sentences in Oman were not permitted to appeal their sentences, and that “appeal” was simply an automatic review by a legal committee and the Sultan. [14] That may have been the nature of the 1984 system, but we believe that by 2006 a civil court system with appellate review followed by cassation was in place. [15] We did not find the 1999 law.
Is there currently an official moratorium on executions within the country?
We found no report of an official moratorium on executions. In 2008, Oman abstained from voting on the U.N. Moratorium Resolution, [16] and did not sign the Note Verbale. [17]
Have there been any significant published cases concerning the death penalty in national courts?
During our research we did not find any significant cases; death sentences are rarely pronounced in Oman. In 2010, prosecutors attempted to obtain death sentences against 12 Somali pirates who allegedly planned to hold Omani fisherman for ransom, and who fired upon the Coast Guard and a naval vessel. The courts pronounced a sentence of life imprisonment, the first such sentence for an act of piracy by a foreigner, but did not apply the death penalty, [18] although a penal provision allowing an aggravated sentence exists. [19] The court’s restraint in response to piracy could be seen as significant.
Where can one locate or access judicial decisions regarding the death penalty?
During our research we did not determine where it is possible to access judicial decisions.
What is the clemency process?
In cases involving murder, courts may commute a sentence if the family of the victim pardons the offender, usually for a payment of diyat (blood money). [20] The Sultan has the constitutional power to pardon any sentence. [21] The death penalty cannot be executed except by Royal Decree upon a final judgment, and the Sultan may pardon or commute any sentence. [22]
Are jury trials provided for defendants charged with capital offenses?
No—Oman’s legal traditions derive from Shari’a and Civil law, [23] and favor full factual review by higher courts rather than fact-finding by a jury as preferable in assuring a fair trial.
Brief Description of Appellate Process
In 1999, Oman instituted a civil court system. [24] U.S. Department of State reports from around that time describe the reform as instituting a full civil law system, including courts of appeal with a separate penal division for criminal matters. Previously, under a 1984 decree felonies were adjudicated by a panel and “all rulings of the felony panel were final except for those in which the defendant was sentenced to death,” [25] and “appeal” of a sentence of death may simply have been an automatic review by a legal committee and the Sultan. [26] By 2006, the Department no longer discussed the system in place under the 1984 decree. [27]
We believe that by 2006 a civil court system with appellate review followed by cassation by the Supreme Court was in place. [28] A report written for the Hauser Global Law School Program loosely corroborates this. [29] We did not find the 1999 law.
References
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[28]
[29]
Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
Our research suggests there is at most one individual held under sentence of death in Oman. [1] The International Centre for Prison Studies at King’s College, London records two adult prisons in Oman, [2] but we did not determine where these prisons are.
Description of Prison Conditions
Are there any known foreign nationals currently under sentence of death?
We did not find any confirmed reports of foreigners currently or recently held under sentence of death.
What are the nationalities of the known foreign nationals on death row?
We did not find any confirmed reports of foreigners currently or recently held under sentence of death.
Are there any known women currently under sentence of death?
We did not find any confirmed reports of women currently held under sentence of death.
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?
We did not find any reports of individuals held under sentence of death for crimes committed prior to attaining the age of 18. Oman’s law prohibits this practice. [3]
Comments regarding the racial/ethnic composition on death row
Our research suggests there is at most one individual held under sentence of death in Oman; [4] we do not know the identity of that person.
Are there lawyers available for indigent defendants facing capital trials?
According to the U.S. Department of State, courts provide public attorneys to indigent detainees and offer legal defense for defendants facing prison terms of three years or more. [5]
Are there lawyers available for indigent prisoners on appeal?
According to the U.S. Department of State, courts provide public attorneys to indigent detainees and offer legal defense for defendants facing prison terms of three years or more. The right to appellate review is guaranteed for any sentence greater than three months’ imprisonment, [6] but we do not know whether the right to an attorney is also guaranteed.
Comments on Quality of Legal Representation
We did not find comments on the quality of legal representation. The completion of the civil court system is still fairly new; [7] but attorneys have successfully defended unsympathetic defendants against serious charges not involving killing. [8]
Other Comments on Criminal Justice System
Oman’s transition to a civil court system is still fairly new. [9] The Tawasul Global Connections Center submitted a report for the upcoming Universal Periodic Review of human rights in Oman suggesting that the judiciary was not fully prepared for the transition, was not always aware of the impact of international agreements on the legal evaluation of cases or the right to litigate. The TGCC recommended training on human rights and the “impact of international obligations on national laws” for Omani judges. [10] The Omani Society for Writers and Literati submitted a report recommending that the prosecutorial power be separated from the executive, that pre-trial detention without judicial approval be shortened, and that a committee be established to review the fairness of trials. The OSWL was concerned that prosecutors are not independent because they are supervised by the inspector general for police and customs, lawyers are not independent because the Ministry of Justice is responsible for granting and withdrawing licenses, and defendants who do not speak Arabic are denied interpreters. The OSWL concluded that these factors undermine independence of the criminal justice system and the fairness of trials. [11]
References
[1]
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[11]
Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
Because Oman is not a party to the International Covenant on Civil and Political Rights, [1] the Human Rights Committee does not issue concluding observations or decisions on petitions concerning Oman.
Decisions of Other Human Rights Bodies
The Human Rights Council’s Universal Periodic Review of Oman is scheduled for January 2011: http://www.upr-info.org/-Oman-.html.
References
[1]
Additional Sources and Contacts
Direct member(s) of World Coalition Against the Death Penalty
None.
Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty
Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
[email protected]
http://www.reprieve.org.uk
Helpful Reports and Publications
None.
Additional notes regarding this country
Before the end of 2011, Oman could be considered a de facto abolitionist state. [1]
References
[1]