Accused of supporting al-Houthi, communicating with IranAl-Dailami receives death sentence [Archives:2005/846/Front Page]

May 30 2005

Mohammed bin Sallam
The Specialized Criminal Court on Sunday 29 May 2005 issued its death verdict and reprimanding against Judge Yahya Hussein Al-Dailami for his communication with Iran and his supportive stand with the ” Believing Youth” movement that was led by Hussein Badruddin al-Houthi who was killed by Yemeni government forces in September last year. Other charges against al-Dailami were also his conspiracy to topple the regime and the republican system as well as fomenting of protest sit-ins and leading demonstrations.

The same court had also issued an eight-year imprisonment sentence against the scholar Mohammed Muftah for the same charges.

The condemned al-Dailami and Muftah had refused to recognize legitimacy of the court and consequently they refused and objected the court's verdict, saying, “It is an unconstitutional court,” and describing it as “oppressive and unjust court and the verdict it has passed reached it ready made from the authority.”

They claimed they were not granted the opportunity to defend themselves and their lawyers were not allowed to defend them. Both al-Dailami and Muftah had emphasized that they were advocates for peace and had never once called for violence, claiming that the charges attempted to be attached to them were fabricated and false.

A number of activists representing civil society organizations have demanded the cancellation of the Specialized Criminal Court at once and to consider all the verdicts it has been issuing as null and void and demanded to tackle all consequences of that court in order to guarantee equal rights and equal citizenship. A statement issued by representatives of ten civil organizations and participants in the sit-in staged in front of the Supreme Court and the ministry of justice last Tuesday, affirmed that the Specialized Criminal Court represents the worst image of judiciary.

It is to be recalled that a presidential decree was issued at the beginning of May 2004 ordered the creation of extraordinary courts. Many lawyers deem those courts as being formed in violation of the constitution. The lawyers say those courts were entrusted with considering crimes impinging the state security in addition to highly dangerous social and economic crimes.

The lawyer Mohammed Naji Allaw, chairman of HOOD organization had earlier said the Yemeni constitution would not permit the formation n of extraordinary courts, mentioning that they were equal to military courts and those dealing with the state security. He added that those courts try civilians from political activists and mostly from among the opponents. Consequently, they are violating the constitution and are unconstitutional. Lawyer Allaw said the Supreme Court that approved formation of those courts was short of knowledge and that could be applied to jurist organizations and the political parties that have taken an inactive stand vis-a-vis a court that is supposed to face outright rejection. According to the constitution in Yemen, specialization of ordinary courts and their prosecution covers all types of issues.