Accused:Shahid Bolsen

Nationality:American (grew up in Colorado)

Charge:Murder

Judgement Date:          Wednesday, March 28th, 2012

Likely Sentence:Death

Charges

The Prosecution alleged that Shahid murdered the German National at Shahid's residence.  The allegations were that Shahid and an Ethiopian maid were using a website to lure non muslim men back to Shahid's house for sex.  It is alleged the German National attended Shahid's house and was killed by Shahid for the use of his credit card.  However, Shahid claimed that he gave him chloroform to sedate him after Shahid said he became aggressive and tried to sexually assault a woman.

Upon arrest, Shahid alleged he was forced to sign a confession in Arabic, a language he does not understand, a very common practice that certainly reduces the credibility of all written confessions.  A Supreme Court Judge later agreed that the confession was not freely given.

Shahid feels he was not adequately legally represented throughout the hearings, with his lawyer failing to attend some days and advising him to use defences Shahid did not agree with.

Court History

Shahid was arrested and charged with the murder of a German National in 2006 and was sentenced to death by the Sharjah Criminal Court of First Instance in 2007.  Shahid appealed his sentence, though it was upheld by the Court of Appeals in 2008, though it was passed to the Federal Supreme Court in 2008, which sent it back to the Court of Appeals for retrial, based on the lack of access to legal representation.

Recommendations

Detained in Dubai has written to the Courts to ask for the Death Penalty to be disallowed in this case, primarily because no Court can be 100% certain of whether Shahid is guilty of murder or whether it is a case of manslaughter.  If the charges are reduced to manslaughter, Shahid will not face the death penalty and until we can be entirely sure of one's guilt, it is unethical to apply the death sentence.

Many cases in world history where the death penalty has been applied, we have later found that the person was in fact innocent.  Where there is any doubt, the death sentence should be avoided.

Shahid has a wife, mother and four children and we urge the Courts to review the sentence to imprisonment instead of death.

Comments from Shahid’s Mother

Shahid has always been very concerned about people. As a teenager, he volunteering at a local non-profit that provided food, shelter, and transportation to the poor. As a young adult, he volunteered at an anti-gang non-profit, trying to promote and pursue gang members to embrace nonviolence. After converting to Islam, he often went to the county prison to give the Friday talk and provide encouragement and support to fellow Muslims there. He was, and still is, a devote Muslim."

This is the Shahid that we, his family and friends, know. We were all in a state of shock and disbelief when he was arrested in the UAE on a homicide charge. Such a thing is the polar opposite of who we know him to be. And Shahid has consistently maintained that the man's death was accidental although my understanding is that his lawyers have not presented Shahid's position in court

Interview with Death Row

Did you intend to kill the victim in this case?

I did not want to harm the victim in any way let alone cause his death, nor did I ever anticipate that there would be any kind of confrontation between us at all. When that happened I tried to halt it in the lest harmful way I could think of , which was to tranquilize him. At that moment, I had within arms length a heavy hammer, a cast-iron pan, a drawer full of kitchen knives, and chloroform. If I had wanted to harm him I could have reached for any of those other things to stop him, but in the heat of the moment I did not want to harm him; I just wanted to stop him.

How did you feel when you realized the man was dead?

All of the words I use to describe how I felt when I realized that he was dead are inadequate. Shock, horror, disbelief, and panic, can only express a fraction of it. It was like the bottom fell out of my whole existence. I was stunned and confused and everything became surreal. I just couldn’t believe it happened. Even now when I remember it I feel waves of panic. My nerves and senses became muffled and fussy; it was like the shock had knocked me out of my body and I was miles away from what was going on. I couldn’t absorb it. I just dropped out. That’s the best way to describe it. 

Is there anything you wish to say to the victim's family? 

It is important that his family know that their son, father, husband was not murdered. Just for their own solace when they remember him, I think it makes the trauma of their loss much worse if they believe that he was murdered. Any lost of a loved one is painful, but I think that must be unbearable so I’d want them to know the truth. His death was an unforeseeable, unexpected, and absolutely unintended tragedy. It was completely and radically opposite of my wishes toward him. Nothing could have been further from my intention; I grief for what happened to him and for the loss, but I hope that there may be some kind of consolation in knowing the truth.

 Do you feel you should be sentenced to death?

I have never denied my culpability for the victim and I am haunted by regret about everything that happened that led up to that tragedy, but I’m not guilty of murder by any means and I’m not a threat to society. I spent a considerable portion of my life from an early age dedicated to social work trying to contribute to my community. In prison I have organized programs to benefit inmates educationally and religiously with the approval of jail administration. I believe I still have a lot to give and maybe even more than before because of what these experiences has taught me. I accept that I deserve punishment for what happened and in Islamic law there is a category for manslaughter with its own penalty ruling. It seems to me that this is applicable in my case and I think that would be fair. And I trust in the wisdom and justice of the UAE legal system to ultimately arrive at a verdict that recognizes that.

How would your children and family feel if you were sentenced to death?

I think it would be devastating for them. Obviously they know me and have stuck by me and have preserved through the initial shock with their love and support hoping and praying that at some point there would be a positive and compassionate resolution. Because they understand the circumstances of the incident and know that I’m not a killer. So if it is a death sentence I think it will devastate them on many levels.

For comment, please contact:

Radha Stirling, founder of Detained in Dubai

radha@detainedindubai.org

skype:  radha.stirling