Has the Government Broken the Law? COMPLAINTS OF ABUSE IN ADEN TRIAL [Archives:1999/07/Law & Diplomacy]

As the trial of the six plus four alleged terrorists continues in heightened pace in Aden, there is increasing frustration in the defence lawyers camp. The ten individuals – the original group of six (five Britons and one Frenchman of Algerian origin), to whom a new batch of three Britons and one Frenchman, again of Algerian origin, was added, are accused of possession of firearms with intent to undertake terrorist activities to sabotage law and order in the Republic of Yemen.
In the sixth sitting of the court, on Saturday, February 13th, the Al-Mina Primary Court read out what is presented as a confession of the crimes by the new group. The defence lawyers and human rights observers who were flown in from Britain expressed reservations regarding the way the trial is proceeding.
Ms. Hanna Siurua of Finland told the Yemen Times that the human rights activists in Europe were pleasantly surprised and reassured by their analysis of the Yemeni constitution and criminal code. “We were also happy to note that Yemen has signed and ratified all the major human rights conventions,” she said. But she quickly added, “We were, however, shocked to see the practices on the ground. It is clear that there is a wide gap between the commitments and laws of Yemen, and the reality of the practices on the ground.”
Another human rights activist, Mr. A. Shamsy of Germany also reached negative conclusions on Yemen’s adherence to human rights. “I was one of the first few people to meet with the accused individuals, right after the first sitting of the court. From the scars and bruises on their body, and from the details of separate and independent accounts of the accused, I could see that they were subjected to various forms of torture, notably the ‘falaqa’. This is contrary to Yemeni law, as well as to international law,” he said.
Dr. Ghayasuddin Siddiqui, Chairman of the UK Muslim Parliament, indicated that the Muslim community in Britain would like to re-establish a cordial relationship with fraternal Yemen. “We have no reason to be on opposite sides. Actually, we should together fight international terrorism and individuals who purport it like Mr. Abu Hamza Al-Masri. We are now preparing legal action against this man and the organization he represents because of the announcements he has made implicating innocent people in his illegal plans,” he said. Dr. Siddiqui also insisted that the international media, in its drive for sensational reporting, has given Al-Masri and people like him preponderant exposure to the detriment of Islam, the Muslim community in the UK, Yemen and the defendants.
Mr. Rashad Yaqoob, who is the lead lawyer for the defendants has put together a big file documenting the “very serious breaches of the Yemeni and international laws which protect suspects undergoing a trial process”. In meetings with senior officials, he demanded the following steps:
1) Full access to be granted for the defence lawyers to their clients.
2) The complete prosecution file should be copied and be made available to the defence lawyers. In spite of 6 court sessions, the defence team does not have a copy of the charges.
3) The families and friends of the prisoners should be given regular visitation rights, as stipulated by Yemeni law.
4) Immediate medical investigation by independent and specialized doctors regarding the torture allegations.
5) Urgent medical services to those who may need such attention among the prisoners.
6) Visas for relevant individuals to come to Yemen.
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