FIDH is indeed concerned at the charges of terrorism, that were filed against the editor in chief of Al-Shar’a, M. Nabil Sobea. The charges were filed after the independent newspaper reported on alleged links between the government and tribal gunman in the northern region of Sa’ada, taking responsibility in the humanitarian crisis in the Northern part of the country, that has already displaced approximately 100,000 civilians. The paper is accused of tampering with national security. The case has been referred to the State Security Court, the first case against a newspaper in front of this counter-terrorism court. FIDH is worried that such allegations could lead to a potential shutdown of the paper and possible death sentences.
In a related case, Jamal Amer, the editor-in-chief of the Al-Wassat newspaper was forced to attend a hearing where he faced accusations of criticizing the President of Yemen.
These latest events occurred after the arrest of journalist and reformist Abdulkarim Al-Khaiwani on June 20, 2007. According to FIDH’s partner organizations in Yemen, it is suspected that he is being punished for political dissent against the government. Recently Al-Khaiwani was released for health reasons, but the state is appealing that decision, and he still faces charges in front of the Security Court.
FIDH is concerned over the fact that these journalists be prosecuted in front of an exceptional counter-terrorism jurisdiction, where the rights of defendants are not properly ensured. If these journalists have to answer charges against them, they should be able to defend themselves in application of their right to a fair trial, following Yemen’s obligations under the International Covenant on Civil and Political Rights (ICCPR).
Moreover, in prosecuting the exercise of the right to freedom of information in front of a security court, the Yemeni authorities are responsible of serious infringements to the ICCPR.
More recently, on July 18, 2007, journalists and human rights activists held a sit-in in central Sana’a demanding respect for freedom expression. During the peaceful protest, journalists who were documenting and reporting the event were severely beaten by government authorities, who also broke and stole much of their equipment. The violent crackdown on this protest is yet another violation of the rights to freedom of expression and assembly, guaranteed bythe ICCPR, as well as the UN Declaration on the protection of Human rights defenders.
As a consequence, FIDH would like to urge your government:
* to release all journalists that are being held in the name of terrorism;
* to prosecute disputes arising from journalism in front of the designated Court of Publications, instead of the security courts, in full respect of the right to a fair trial;
* to conform with its international obligations deriving from its ratification of the International Covenant on Civil and Political Rights that states “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”;
* to conform with Article 1 of the UN Declaration on Human Rights Defenders which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as its article 6(b) which provides that “everyone has the right, individually and in association with others [... to] freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and its Article 6(c).
I thank you for your attention to this matter and count on your prompt intervention for its resolution.
Yours sincerely,
Souhayr Belhassen
President