An apology to Al-Khaiwani [Archives:2007/1070/Opinion]

Khalid Al-Anisi
I am sure that you understand that sitting in the seats of onlookers at a fair case such as yours is not the true place for an advocate having strong faith that defending you means defending the free voice, not merely defending your freedom of expression. My dear, I think that the simplest service I may offer you in this case is that I must not participate in an unfair trial before a court that lacks the constitutional and legal legitimacy, and at the same time no one trusts this court. It is futile to appear before a judge having no power to rule on the simplest cases such as your release.

The days have proved that this court's job is to convict and then tell others to forgive. When the judge welcomes the trivial request of the defendant, he doesn't implement anything unless he receives an approval from those standing behind such cases. I would like to tell you that I don't pin any hope in this court to investigate the attacks on you, your little girl, and the storming of your home, as such is beyond its role.

Please don't criticize me when you find me in the seats of spectators and those standing in solidarity with you. I don't accept to take part in a previously issued verdict convicting you at the moment of your arrest and intimidation of your family and children.

The malicious enemies standing behind your case won't accept investigating those who transgressed your dignity before your children and neighbors because they can't be identified even by those who try you. Those, who try you, believe that they aren't concerned with investigating the injuries resulting from the attack during your arrest. Also, they believe that they aren't concerned with the intimidation of your wife and tears of your children, as well as the confiscation of your family members' photos.

Your release doesn't necessitate any appeal or defense-advocate. Instead, it requires counted moments by those who ordered unidentified people to arrest you to seek substantial evidence. Those standing behind your detention have heard a lot of what happened to you during your capture inside your home. They heard about the arbitrary procedures taken to prevent your relatives and beloved ones from visiting you. They ignore your repeated requests as they felt that it is enough to arrest you with your sleeping dress.

Deliverance comes from our Creator as we believe and from their God according to their belief. So, Dear Khaiwani, please wait for deliverance from the Omnipotent, and not from those who, like you, await deliverance.

Respected journalist, be reminded that orders for your capture, inspecting your house and extending your jail sentence are unjustified if you want to know the power delegated to those who try you. The court judge hasn't been concerned about investigating your requests as much as he has cared for your accusation. I hope that the judge doesn't give your conviction precedence over seeking the evidence of your innocence.

Wala's father! Had you had perceived how the voices of the judge and the prosecutor were amplified while the defense-advocates had no access to an amplifier to make their voice louder, you would have known why I refused to defend you when I was asked to do so. You would have known that I don't want to be a defense-advocate without voice.

My brother Abdulkarim, you may ask the judge about his attitude toward the fraudulent order to extend your imprisonment term. You may demand him to investigate your requests, which were rejected by Prosecution. The documented reports proved that the process of investigating your case was unfair. You can ask the Attorney-General if he did order the malicious elements to arrest you. “Did he order them to forcibly drag you with your sleeping dress and raid your home?” is another question you may raise.

Additionally, you may ask the Attorney-General if he ordered the unidentified people to raid your home, intimidate your children and take you out forcibly, as well as if he directed your captors to attack you while you were sleeping. You are suffering heart problems and hypertension, but did the Attorney-General tell your captors to drag you forcibly, dead or alive, and did he order them to beat and badmouth you before your wife and children.

Please ask the Attorney-General whether he gave orders to your assailants to arrest you and inspect your house before they did so. Why wasn't he present at the moments of executing his orders? And, did he direct them to inspect your home in your absence?

My dear Khaiwani, please ask the Attorney-General about the identities of those who inspected your house. Surely, you will find out that they are anonymous like those who arrested you or beat your little girl. You can ask about your charge and how 26 September weekly knew about the charge prior to the Prosecution's report.

My brother Abdulkarim, what a lawyer can do in such cases when the suspect is convicted without any evidence, except for a clean CD. What a lawyer can do for you in such an ambiguous case while he himself is accused of backing a gang, which the authorities recently acquitted from fabricated charges.

Summing up, I hope that you have understood that sitting in the seats of onlookers is the least bitter option for a defense-advocate, who refuses to defend you in a case the verdict of which was issued before the hearing.

Khalid Al-Anisi is a lawyer and human rights activist

Source: al-Sahwa-yemen.net
——
[archive-e:1070-v:15-y:2007-d:2007-07-23-p:opinion]