Al-Shuaibi trial: the accused are no-shows, judge orders arrest [Archives:2007/1063/Local News]

By: Nisreen Shadad
SANA'A, June 24 ) Neither Rizq Al-Jawfi, director of the Criminal Investigation Unit in Sana'a, nor Saleh Al-Salihi, head of the unit's investigations department, both accused of rape and abuse, attended the second session of Anisah Al-Shuaibi's trial in the West Court.

Al-Shuaibi's lawyers left the courtroom, as justice and equity appeared not to be guaranteed and her rights seemed to be unsecured, according to Khalid Al-Anisi, executive director of the National Organization for Defending Rights and Freedoms, known as HOOD

Legality is the means of guaranteeing justice and equality, which is why Al-Anisi left the courtroom with the other lawyers.

“I was informed Saturday night that the courtroom would be full on the day of court in order to prevent journalists from being present,” Al-Anisi said, “In order to guarantee justice, we demand the media's presence because it is a witness able to present the true image of the case to citizens. To ensure the equality of the two sides – victim and accused – we demand the prosecution expropriate the capacity of its position in order to have power over other security bodies

Al-Shuaibi claims the Criminal Investigation Unit arrested her illegally and treated her cruelly, adding that she was raped at the Central Jail in Sana'a. The accused, Al-Jawfi, has denied her accusations and refused to appear before General Prosecution several times. When he finally attended, Al-Shuaibi's attorneys weren't informed to attend two sessions of the proceedings and t Al-Jawfi continues to stay away from court.

Before the second session began at around 10:15 a.m., Al-Shuaibi's volunteer lawyers from HOOD left the courtroom. On their way back to the organization, several individuals followed them and insulted them, saying, “You aren't bringing a case against Al-Jawfi only, it's against all security bodies,” according to Al-Anisi, who added, “We brought a case against individuals who used their power and position to violate the rules.”

The media wasn't allowed to present the trial and cameras were taken; however, just before the judge pronounced the sentence, journalists got the opportunity to attend.

Moreover, preventing the media from being a witness at this trial, as Al-Anisi described, were the attendees in the courtroom, who were employees of the security apparatuses. “These faces weren't new, as I knew many of them,” Al-Anisi commented, wondering how such individuals could leave their positions to attend the trial.

“Their attendance and their insults sought to threaten us, as is if they wanted to say, 'You don't face just one person, but the Interior Ministry as a whole,” he added.

Abdulaziz Al-Samawi, attorney for the accused, explained his clients' absence, saying, “Al-Jawfi is sick and Al-Salihi is on a secret army mission in Sa'ada.” He produced a prescription in English to prove the reason for Al-Jawfi's absence and for Al-Salihi, he produced a copy of a June 20 warrant from Brig. Gen. Mohammed Saleh Miyad He requested the judge not say what the warrant included because it contained secret army information.

Al-Samawi demanded reading the bill of indictment in his clients' absence, noting, “I have power of attorney, so there's no article preventing me from substituting for the absentees today and answering all questions addressed to them.”

Because the excuses presented before Judge Abdulkarim Al-Shami, head of the criminal cases department, were unsound, he didn't accept them and instead, ordered arresting Al-Jawfi and Al-Salihi.

“Because the accused were informed properly, but didn't attend and since it's the second session and the accused still haven't presented themselves, even adding unreasonable reasons for being absent at this session; thus, the court orders military police to arrest them. The third session [of court] will take place after a week,” the judge ruled.

Al-Samawi maintained his clients' innocence to journalists, saying, “Al-Jawfi and Al-Salihi committed no crime. HOOD took up this case, although it's the representative of human rights, but what about the defendants' rights? Aren't they just as human as Anisah?”

According to Al-Anisi, General Prosecution affirms that the two accused have no authority to continue performing their jobs. To the contrary, when asked how Al-Salihi could be sent on an army mission when has no authority to perform his job, General Prosecutor Abdullah Al-Ulfi responded that he had no information about that.

Fatima Al-Matari, the mother of Al-Shuaibi's husband, came to court claiming that Anisah killed her son: “My son has been gone for five years and I remember when Anisah threatened him.”

However, Al-Anisi wondered about the mother's appearance since Al-Shuaibi was cleared due to lack of evidence. “Today's case is about [Al-Shuaibi's] illegal arrest and treatment by the officers in prison. Her claim is no real evidence because Anisah was cleared of this accusation before bringing her case.”

The Yemen Times attempted to telephone Al-Jawfi several times to ask him about his absence from court, but his phone was switched off.
——
[archive-e:1063-v:15-y:2007-d:2007-06-28-p:ln]