Trial against Al-Shuabi’s abusers, chaos in the courtroom [Archives:2007/1066/Local News]
Nisreen Shadad
SANA'A, July 8 ) Two men stood before the judge in a Sana'a court room filled with security officers and anticipating audience. They were accused of raping Anisa Al-Shuaibi while in detention in 2003.
The two defendants; Rizq Al-Jawfi; the head of the Criminal Investigation Unit, in Sana'a, and Saleh Al-Salihi; the head of the unit's investigations department simply denied all charges.
Abdul Aziz al-Samawi, the defendants' lawyers said “Let's not view the case partially, but as a whole. The victim said that the one who arrested her is Al-Ja'adabi, and the one who interrogated her is another officer, namely, Ismael al-Kibsi. None of whom are the defendants.” He added that “It is known as well that the one who put someone in prison is the interrogator. Therefore, the prosecution has arraigned my clients because of their high rank and influence.”
The defendants' lawyer offered a criminal statement against Al-Shuaibi suggesting that she killed her former husband. The judge, however, refused any statements that may disperse the case and direct it to a very different issue.
Another Anisa?
When reading the indictment, the defendant, who is the head of the investigation's unit, denied that he ordered the officers to arrest her illegally and put her in the prison. However, when confronted with his previous confession, the defendant said, “She was another Anisa. The one whom I admit to arrest her is Anisa Abdullah, not Anisa al-Shuaibi. This mistake was because of my wrong perception of her middle name; Abdullah.”
The General prosecution representative said, “For the first defendant; al-Jawfi, when saying he hasn't ordered the officers to arrest her and put her in the prison of the Criminal Investigation Unit is not true. He also claimed that he didn't know of her existence in the Unit and that is also unreasonable. What we know is al-Jawfi is the head of this Unit and responsible of all the issues related to it. Adding to that, all the cases and the prisoners' names seized in his Unit presented to him daily. His claim that he has just got to know of her existence in the Unit detainment in the second or the third day is a big fabrication.”
On the other hand, the defendants' lawyer said “If al-Jawfi and al-Salihi are here because of the responsibility, I demand interrogating the General Prosecutor, the Deputy Prosecutor, and the prosecutions' members since all those are responsible of this Unit,”
According to the prosecution representative, through looking at the arrest warrant, Al-Shuaibi is arrested according to the head of investigation Unit; Al-Salihi. He was also the one who referred her to the felony department, and suddenly, she moved to another disciplinary department.
The other side of the story
Khalid Al-Anisi, Al-Shuaibi's lawyer and the executive director of HOOD organization for defending human rights, demanded the judge to put the two defendants behind bars as it is a serious crime, according to the constitution, for the defendants to utilize their positions to control the other security personnel as well as other people for their interest.
“Being in their positions affect the case procedures, particularly they began to gather the officers of the security personnel for their interest,” al-Anisi added.
“We don't have any personal controversy with any person or unit. We quarrel with those who violated the Law and the Constitution,” he continued.
Moreover, he indicated that the defendants' positions mean that all the evidences of al-Suaibi's innocence is under their power and that for sure will create obstacles to reach the truth.
The last demand of his was to investigate the security officers who leave their work and attend the trial as supporters to the defendants, a phenomenon which is a threat directed to those who defend al-Suaibi's rights.
After finishing these sentences, the attendees in the courtroom cried to protest Al-Anisi's demand. One of the officers calm down people and the noise saying, this is a trick played upon us to prove that the security officers left their work and attended the court.
The defendants' lawyer said it is enough to refute Al-Anisi's claim against his clients based on the lack of evidences against them. He demanded the General prosecution to refer the crime of slander, to the judge, committed against him and his clients by Al-Anisi and Abdul Rahman Barman; another volunteer lawyer.
He ended his words with, “Since the trial is leading against me; I will reverse it to my enemies.”
To be continued
By the end of the session, the judge decided neither to put the two defendants in prison, nor to suspend them for their positions. The next session will be in August 12.
Al-Shuaibi claims that 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 the General Prosecution for several times. When he finally attended, Al-Shuaibi's attorneys weren't informed to attend two sessions of the proceedings and Al-Jawfi continued to avoid the court. But later, the court ordered the military police to force them attend the trial.
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