For Public Opinion

الكاتب : الحسن المتوكل   المشاهدات : 766   الردود : 11    ‏2005-04-10
      مشاركة رقم : 1    ‏2005-04-10
  1. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
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    For Public Opinion

    Scolars Yahya Huseein Al Dailami and Mohammed Ahmed Miftah announced today an open food strike starting Sunday 12/2/2005.


    Scholars announced their strike in protest to the violations practiced against their constitutional and legal rights after more than 6 months have passed since their arrest with out a judiciary verdict and through illegal trial procedures followed by the specialized penal court.

    Scholars Al Dailami and Miftah were subjected to a new violation on Sunday when they were prevented to meet any visitors in central prison and were transferred to solitary prison cells according to instruction from the political security.
    This followed events of the special session which was held in penal court and headed by judge Najeeb AL Qaderi this morning in which both scholars were dismissed for the third time. This sudden decision was made by the judge who also directed indecent words to both scholars before they were dismissed from the session.
    Defense lawyers did not attend the session in protest for not holding a copy of the case file. The court insisted to prevent the defense committee from acquiring a copy of the case file and instead have appointed a new lawyer each session to defend the scholars who refuse to continue with discussion in court with out their withdrawing defense committee
    . A statement was issues last week by the defense committee in which they described that what happens is only a “comedy show” and lawyers object to play the role of fakers in it as long s they are prevented from practicing their profession in the just and right way. For that, hundreds of women and men gathered since early morning in front if the penal court building to protest ad recite some of the Quranic verses to express their objection to all the unjust practices subjected to both respected scholars for pure political reasons.
    It was noticed that all court seats were already occupied by persons who are suspected to be security officials to prevent the public from attending the court session. Security forces also prevented the pubic from entering the court and threatened to shoot fire on any person who will enter the building although public in solidarity were organized and did not cause any noise or hassle.
    Families of both scholars demanded to the civil society organizations and political forces and all those concerned with freedoms and rights and respect of citizenship to stand in a serious position of solidarity with the scholars’ case as well as ate nd the court session every Sunday to observe and witness the judiciary outrageousness in Yemen.

    Families of Scholars AL Dailami and Miftah
    13/2/2005
     
  2.   مشاركة رقم : 2    ‏2005-04-10
  3. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
    الإعجاب :
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    Statement by scholars Yahya Hussein AL Dailami and Ahmed Mohammed Miftah
    The President is responsible for our torture and accusations of treason and questioning of nationalism.

    The defense committee, formed of 11 lawyers known fro their competence and experience, agreed on the illegitimacy of the actions by the judge responsible for our case including:

    - Insisting on not providing a copy of the case file
    - Rejecting Formative Defenses
    - Rejecting defense via ignorance of charge.
    - Not enabling the defense to appeal the judge’s new decision which annulled the previous judge’s permission to copy the file.
    - Judge’s decision to consider that we are abstaining from to respond to a charge that is unknown in first place, although we have retained the right to respond until procedures were corrected.
    - The judge did not allow the press and media making this case confidential lacking minimal measures of justice.

    The prejudice and criminal acts subjecting our families, children, and ourselves included kidnapping us from our homes with out judiciary warranty which horrified our families and children, putting us in solitary jail, mistreating us during interrogation for 4 months in the political security prisons based on methods of physical and psychological torture and hiding any information about us from our families for more than a month, prohibiting visits, then attacking our homes after midnight and horrifying our families to possess by force some of our possessions including our private library, private documents that prove identity such as passports and personal diaries, academic certificates, and scientific degrees as well as other handwritten documents and tapes. The book store of Scholar Mohammed Ahmed Miftah which is used for trading was stolen including books which are property of Arab and local bookstores.
    There was also a bad propaganda practiced against us which questioned our faith and loyalty which subjected us to an unfair and discrete trial in spite of our continuous protests demanding from the court to ensure our rights and right to public hearing . We have been treated in a very degrading manner by being imprisoned in a room that is not suitable for any human being to be kept in. The room has no aeration and the toilet is open without doors. The room is also stuffed by many prisoners who are mostly drug dealers and filled with infectious diseases ad humidity. Pillows, head covers, and beds are not allowed in prison. Prisoners use indecent language and do not bind with limits of courtesy or even law. Some time 2 prisoners have the same space to sleep in. We do not see sunlight and visits are prohibited. Furthermore, Saeed Al Akel was present in prison personally to ensure that we are kept in this place and see no visitors following his own person grudge against us.
    We hereby record our objection to the judge who is responsible for our case. We demand that he stops all the prejudice against us and to give us the opportunity to defend our case through the defense committee assigned by us and to allow the media to broadcast and publish about the trial to ensure its publicity. Otherwise we will continue our food strike and blame the responsibility of all that we will be subjected to on:

    1- The president of the republic since he is the Chief of Judiciary Council and the head of the judiciary authority and we are considered prisoners of opinion and thought.
    2- The head of the political security system as he is the person behind our trial
    3- The judge in charge of our case for issuing an unfair verdict.
    4- The general prosecutor for supervising the prosecution which subjects us to suffering.

    Sunday 20/2/05
     
  4.   مشاركة رقم : 3    ‏2005-04-10
  5. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
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    Violations Against Persons in Solidarity

    Dear Sheikh/ Abdullah Bin Hussein Al Ahmar, Sheikh of Yemeni Sheikhs and Head of Parliament,

    We greet you with all grateful and thankful greetings for your national and Islamic positions which encouraged us as scholars and students to approach you and seek your assistance.

    We hereby address this letter to you to complain of all the actions done by the security and other forces including brutal attacks non-committing to justice, citizenship, and humanity when in the first moment of the trial of the two respected scholar Yahya Hussein Al Dailami and Moahmmed Ahmed Miftah who are trialed in a specialized penal court with fake charges using all psychological and physical brutal ways for terrorizing all persons in solidarity with the scholars and preventing them from attending court sessions or seeking Allah’s help by reading verses of Quran and praying to Him to help the scholars in this critical time as well as demanding from court and prosecution to grant the scholars a fair and honest trial and grant their legal and constitutional rights. These demands were considered incitement by the security forces and hindering of the trial procedure.

    We hereby mention some of the ugliest practices against us who are in solidarity with the scholars:

    - Preventing people from entering the yard of the court, and allowing persons who are not relevant to the case to occupy the court and preventing even relatives of both scholars from attending court sessions
    - Building walls of security forces and calling off the people in solidarity to stand at a distance of about half a kilometer away from the court building where the two scholars are trialed.
    - Surrounding men and woman in solidarity with the scholars with political and security forced who subjected the people to bad language addressing women in particular.
    - All people were committed to patience and did not respond to the harrassement of the forces.

    On the day when the session of 29/2/05 was held, the security forces committed the following crimes:

    - Forcing Mr. Amin Qashasha, Ali Al Osta, Ibrahim Hussein AL Dailami, Khaled Miftah, and Faiz Ahmed Miftahm out of the court and into political security prisons.
    - Forcing Mr. Ali Hussein Al Dailami, Abdullah Huseein Al Dailami, Amin AL Khawlani, and Abdullah Al Alemi to security prisons, when they tried to have the security officials reconsider the release of the persons mentioned above. This happened although Ali Hussein AL Dailami was suffering from pain after surgery that he had 3 days before.
    - Firing of guns by public, central, and political security forces towards the persons in solidarity with prisoners without mercy.
    - Forcing Mr. Lutf Qashasha into prison after assaulting him physically accused of being among the persons standing in solidarity with the scholars.
    - Scholar Sharaf Al Noami, the Imam and Preacher of Othrab Mosque, was arrested later and taken to the security prisons in Adl Street accused of participating in solidarity activities .
    - In this bloody day, more than 12 persons were arrested, yet persons in solidarity did not react to these aggressive actions against the forces and this was indication of their patience and commitment to their principles and religious beliefs. The security reports tried to proof otherwise.
    - During the session held on Sunday 13/3/2005. security forces were spread in an extraordinary manner with tanks and great numbers of soldiers. Both scholars were forced to prison with their eyes covered and their hands tied and were treated in a very degrading inhumane way. They were interrogated as terrorists and files were open for them as such. Those released were forced t sign a commitment that they will not attend court session. To avoid blood shed, and to fulfill commitment those persons did not attend court sessions.
    - In spite of all this, both Sharaf Al Noami and Amin Qashasha are still in prison for a long period since 29/2/2005.

    We hereby seek your assistance and kind help to fulfill the following requests:

    - Send observers formed of parliamentary members to inspect on the extent of attention and respect paid by the general prosecutors and the judge of penal court to the trial procedure and whether rights of scholars are protected to have a fair and public trial and investigate in the case file and the charges.
    - For a committee to investigate those who caused physical and psychological trauma to us only for practicing our legal and constitutional rights.
    - The immediate and unconditioned release of Sharaf Al Noami, Amin Qashasha, and Ibrahim AL Jalal who are still in illegally kept in prison.
    - Direct instructions to authorities in order to allow us practice our legal and constitutional rights and attend court sessions in solidarity with the two respected scholars.
    - Follow up on the all those who have been arrested under this case and annul their legal files in national security, political security, or Terrorism departments. Otherwise we will encourage them to practice their rights and seek support from regional and international organizations.

    We have great hopes in your support to justice .

    Prisoners in solidarity.
     
  6.   مشاركة رقم : 4    ‏2005-04-10
  7. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
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    His Excellency Ali Abdullah Saleh, The Chief leader of Arm Forces,

    His Excellency Ali Abdullah Saleh, The Chief leader of Arm Forces,

    Upon my review to the case to be prepared for trial by the prosecution for the court accusing Scholars Yahya Hussein Al Dailami and Mohammed Ahmed Miftah, I found that all charges against them under investigation are all based on suspicion and guess, and furthermore based on no evidence. This may infringe the spirit of tolerance and social peace in the Yemeni community and it makes each sect or group in Yemen feel targeted. Such a feeling seems to be common among those belonging to the Zaidi sect as far as I have noticed. You last speeches indicating that the Zedi sect is not targeted might have calmed the fears down.

    Kindly allow me, Mr. President, to say that this is not enough. I have to let my opinion reach you as an obligation of advise not to let go of tolerance and to be committed to close this and all files that may incite hatred and grudge and make any Yemeni individual, group, or sect feel insecure. A these files are of political nature, I send you this after I have reviewed all that have been prepared for the file as evidence against the defendants. These so called evidence form serious violations to many legal and human principles for the following reasons:

    - There is no relationship between the defendants and the violent actions and this can be proved by witnesses of many . You well know that all religions, sects, and faiths are not crimes, but it is a crime to accuse someone based on his faith.
    - You are in charge of fostering the diversity in sects, opinions, and beliefs, and protecting all believers as well as preventing any abuse of power by a party against another or a sect against another and responsible for maintaining equality in freedom of expression sand opinion and establishing the principle of inter-tolerance. This will develop the cultural and intellectual aspects of life. I believe that you tend to support tolerance and acceptance of the other but this is just a reminder.
    - The scholars are characterized by tolerance and a very good reputation and any offence to them is considered an offence to the righteous s couture whether all people agree with it or not.
    - It may have reached you that the defendants have called for a strike and you may have believed that it was in support for the violence that took place in Sa’ada. This strike was called for in support of stopping the bloodshed inn Yemen, a thing which all Yemeni aim for and support. Strikes and all peaceful ways of expression are the civilized alternatives for violence and preventing people from expressing their opinions will always encourage them to seek violent ways of expression. All actions have reactions. Democratic countries always benefit from peaceful means of expression to correct the mistakes that are inevitable n every system. Only God is perfect.

    I don’t question the decency of those working in the prosecution office and court. All attempts for truth in political cases are prone to mistakes given the principle that states that mistakes in innocence are accepted but mistakes in guilt are not. Relying on suspicion and forgiving after unjust verdicts is not as righteous as being keen to achieve justice in the first place.

    I have sincere hopes that you will understand that all these are true advises for someone who is in a position of national and human responsibility.

    Abdulaziz Al Baghadadi
    Legal Consultant
     
  8.   مشاركة رقم : 5    ‏2005-04-10
  9. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
    الإعجاب :
    0
    Your Excellency,
    Sheikh Abdullah Ben Hussein AL Ahmar, Head of Parliament
    Respected Sirs, Members of Parliament,

    Please allow us to express our thanks and gratefulness for your national and Islamic positions that encouraged us scholars and students to seek your assistance.

    In the beginning, we would like to emphasize our commitment to our rights granted to the constitution and law including presence and solidarity with the prisoners of opinion and thought scholars Yahya Hussein Al Dailami and Mohammed Ahmed Miftah and express our opinion about what is happening according to articles 42, 154, 61 of the constitution and article 263 of the Penal Law and article 23 of trial law.

    We will not be hindered by what we are subjected to in the specialized penal court including threats and assaults as well as fire shooting, insult by degrading words, arrest, and harassment by the security forces and court guards. All this infringes the concept of public hearing and veils what both scholars are actually subjected to.
    We express our sadness towards the prejudices subjected to our comrades in solidarity who have been arrested and forced to sign statements in which they become committed not to practice their constitutional rights and to attend the court sessions including brothers of both scholars.

    All this is a violation to articles 28,39,48,137 item (6) and 1449 in addition to previously mentioned articles illegally according to penal law where in its lowest level these acts limit and violate human rights and freedoms.

    We realized how the principle of public hearing has been infringed in addition to all principles of trialing, justice, rights of recognition before the law, impartiality, defense, and commitment to accessed laws, etc that are stated in the constitution, Judiciary law, law of trial and procedure, and other laws. We are certain that if only minimal rights of which were granted, it will become obvious that a crime or violation of law simply do not exist. We are certain that the defendants are accused for their opinion and thought only. We were devastated y the unfair actions practiced by the authorities responsible for achieving security and justice , we are seeking the umbrella of your respected congress in the hope that we will find justice and security which every citizen is in need for.
    The current situation is a concern to us because reading the current situation makes us feel that there will be more and more incitement of discrimination and breaching of the community’s unity as well as infringing justice, freedom, and equality all of which are the pillars of social peace by targeting a sect and thought. Attached your find a statement by the scholars.

    Attached also is a statement by the scholars and a withdrawal statement by the defense committee in addition to a report by the persons in solidarity with the case on the events that took place.

    We call your respected congress to perform its inspection role according to articles 62,61 of the constitution and take actions towards the violations which deviate from the democratic and political principles stated by the constitution and law, and which put social peace ad security at risk.

    We hereby demand immediate:

    - establishment of a committee to investigate all that has been mentioned particularly the violation of trialing and judiciary principles.

    - Release of scholars as they are prisoners of thought and opinion as well as all those arrested and seizure of all violations to fundamental rights and freedoms applying both constitutional and law articles.

    - Release of scholars Sharaf Al Noa’ami and Ameen Qashasha, our colleagues who have been kidnapped from court and scholars Ibrahim AL Jalal and Eng. Ali Abdullah Al Bukari.

    - Questioning authorities in charge for protecting rights and freedoms as well as maintaining constitution and law for not fulfilling their obligations towards all those who have violated, incited, or participated in those violations and assaults according to the law.


    Committee in solidarity with scholars
    Yahya Hussein Al Dailami and Mohammed Ahmed Miftah
    Sunday
    20/3/2005
     
  10.   مشاركة رقم : 6    ‏2005-04-10
  11. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
    الإعجاب :
    0
    Violations Against Persons in Solidarity

    Violations Against Persons in Solidarity

    Dear Sheikh/ Abdullah Bin Hussein Al Ahmar, Sheikh of Yemeni Sheikhs and Head of Parliament,

    We greet you with all grateful and thankful greetings for your national and Islamic positions which encouraged us as scholars and students to approach you and seek your assistance.

    We hereby address this letter to you to complain of all the actions done by the security and other forces including brutal attacks non-committing to justice, citizenship, and humanity when in the first moment of the trial of the two respected scholar Yahya Hussein Al Dailami and Moahmmed Ahmed Miftah who are trialed in a specialized penal court with fake charges using all psychological and physical brutal ways for terrorizing all persons in solidarity with the scholars and preventing them from attending court sessions or seeking Allah’s help by reading verses of Quran and praying to Him to help the scholars in this critical time as well as demanding from court and prosecution to grant the scholars a fair and honest trial and grant their legal and constitutional rights. These demands were considered incitement by the security forces and hindering of the trial procedure.

    We hereby mention some of the ugliest practices against us who are in solidarity with the scholars:

    - Preventing people from entering the yard of the court, and allowing persons who are not relevant to the case to occupy the court and preventing even relatives of both scholars from attending court sessions
    - Building walls of security forces and calling off the people in solidarity to stand at a distance of about half a kilometer away from the court building where the two scholars are trialed.
    - Surrounding men and woman in solidarity with the scholars with political and security forced who subjected the people to bad language addressing women in particular.
    - All people were committed to patience and did not respond to the harrassement of the forces.

    On the day when the session of 29/2/05 was held, the security forces committed the following crimes:

    - Forcing Mr. Amin Qashasha, Ali Al Osta, Ibrahim Hussein AL Dailami, Khaled Miftah, and Faiz Ahmed Miftahm out of the court and into political security prisons.
    - Forcing Mr. Ali Hussein Al Dailami, Abdullah Huseein Al Dailami, Amin AL Khawlani, and Abdullah Al Alemi to security prisons, when they tried to have the security officials reconsider the release of the persons mentioned above. This happened although Ali Hussein AL Dailami was suffering from pain after surgery that he had 3 days before.
    - Firing of guns by public, central, and political security forces towards the persons in solidarity with prisoners without mercy.
    - Forcing Mr. Lutf Qashasha into prison after assaulting him physically accused of being among the persons standing in solidarity with the scholars.
    - Scholar Sharaf Al Noami, the Imam and Preacher of Othrab Mosque, was arrested later and taken to the security prisons in Adl Street accused of participating in solidarity activities .
    - In this bloody day, more than 12 persons were arrested, yet persons in solidarity did not react to these aggressive actions against the forces and this was indication of their patience and commitment to their principles and religious beliefs. The security reports tried to proof otherwise.
    - During the session held on Sunday 13/3/2005. security forces were spread in an extraordinary manner with tanks and great numbers of soldiers. Both scholars were forced to prison with their eyes covered and their hands tied and were treated in a very degrading inhumane way. They were interrogated as terrorists and files were open for them as such. Those released were forced t sign a commitment that they will not attend court session. To avoid blood shed, and to fulfill commitment those persons did not attend court sessions.
    - In spite of all this, both Sharaf Al Noami and Amin Qashasha are still in prison for a long period since 29/2/2005.

    We hereby seek your assistance and kind help to fulfill the following requests:

    - Send observers formed of parliamentary members to inspect on the extent of attention and respect paid by the general prosecutors and the judge of penal court to the trial procedure and whether rights of scholars are protected to have a fair and public trial and investigate in the case file and the charges.
    - For a committee to investigate those who caused physical and psychological trauma to us only for practicing our legal and constitutional rights.
    - The immediate and unconditioned release of Sharaf Al Noami, Amin Qashasha, and Ibrahim AL Jalal who are still in illegally kept in prison.
    - Direct instructions to authorities in order to allow us practice our legal and constitutional rights and attend court sessions in solidarity with the two respected scholars.
    - Follow up on the all those who have been arrested under this case and annul their legal files in national security, political security, or Terrorism departments. Otherwise we will encourage them to practice their rights and seek support from regional and international organizations.

    We have great hopes in your support to justice .

    Prisoners in solidarity.
     
  12.   مشاركة رقم : 7    ‏2005-04-10
  13. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
    الإعجاب :
    0
    Our Excellence, Dr. Abdullah AL Olifi, General Prosecutor,

    We hereby inform you with a crime of infringing some constitutional articles and accessed laws and present in brief the events of this crime as follows:

    - Our relative scholar Yahya Hussein Al Dailami was arrested in 9/9/2004 illegally and is still detained in the political security prison for more than 4 months in very difficult conditions in which he was treated in a very inhumane and degrading way and his constitutional rights were not taken into consideration which is considered a crime in articles 166 and 246 of the penal law in addition to violations of penal procedure law and article 48 of the constitution . Details of all these events were presented to the Minister of Human Rights, Ms. Amatalaleem Al sosowa in 5 pages. We have provided you with a copy previously. In this report we detailed how all practices against our relative included arrest without legal warranty. He was arrested and deprived from his freedom. He was also forced to declare information and statements and we requested investigations about this matter
    - In 16/9/2004 our relative scholar Mohammed Ahmed Miftah was arrested in the same way. His presence under arrest was denied for 2 weeks and which horrified us and other members of his family all of which are considered a violation to his constitutional rights and violation to principles of law which all grant the right to self defense.
    - Further violations took place when both defense committee ad the defendants are until date ignorant of charges directed to the defendants and could not possess copies of the case file documents which was demanded for several times according to law (797) of prosecution instruction . The defense committee was not allowed till date to meet defendants in private to know what the defendants are subjected to in prison.
    - We were stunned when we were informed that the situation was deteriorating and that another crime took place which was illegal inspection n of which is a crime according to article 169 of penal law. Claiming that the inspection was related to Hussein Al Huthi per the warranty that was provided and with out informing defendants violating article 139 of procedure law as they were not present nor any person who represents them according to article 134 of procedure law.
    - The defense committee was not informed with this in order to possess any thing that could be claimed as an evidence to proof a charge that is fake in the first place. During inspection to houses of the defendant, when no evidence was found related to Hussein AL Huthi, the forces possessed some personal things that are considered highly confidential to the defendants and related to their personal and family life and owned by other members of their families, which we demand to return per articles 36 and 137. These documents were not documented to be kept safe per articles 150 and 151.
    - The forces also attacked the house of scholar Mohammed Miftah at midnight on 21/1//3004, when keys of scholar Miftah were taken by force and under arms threat. The forces possessed by force some books. When the scholar’s wife asked fro a legal warranty, the security forces were outrageous and threatened to break the doors.
    - In the after noon of the same day, the forces stole other books refusing to sign any receipts or papers documenting what they possessed by force. This was witnessed by a group of people. 26th September Street. It contained general religion, history, linguistic, and scientific books as well as Quran books ..so is possessing these books a crime. If not , then why were the holy Quran books, taken from the library?
    - Further more, these books and documents that were possessed by force and in illegal way were used as evidence to confront both defendants. On 18.12.2004.
    - On 12/12/2004. which was a date appointed by the prosecution was cancelled and there was no opportunity for the defense committee to discredit the validity of the fake evidence that has been collected against the defendants violating all constitutional and legal rights per article 49 of the constitution which stated that all cases deserve defense to defendants.
    - It is also a crime in itself to hinder the progress of this case in Justice.

    Mr. General Prosecutor,

    It is shameful that those in charge fro investigation neglect all these illegal actions claiming that they were instructed by President Ali Abdullah Saleh, which we do not believe because of the president’s written statement addressing Minister of Justice and Minister of Interior instructing them to release scholar Yahya Huseein Al Dailami if he was proved innocent. These instruction were not followed and he was not released although he was not proved guilty by any evidence.

    We also know well that the charges against him are actions that are granted by the constitution and law such as freedom of belief and expression and opinion. It is very dangerous to treat the defendants in a way that incites sectarian discrimination which makes a group or a set believe that they are targeted.

    All that what has been mentioned we consider an offence to our nation as well as to the authorities particularly the judiciary system and all Yemeni people.

    We hereby demand form you justice to access all articles of penal law, procedure law, Judiciary laws, and accessed laws headed by constitution including:

    - Release of our relative scholar Yahya Huseein Al Dailami and Mohammed Ahmed Miftah and reporting their innocence and investigating all detailed events that we have reported to Minister of Human Rights and consider them part of this, or otherwise informing the defense committee of the law on which all these actions are based and providing defense committee with the right to defend the defendants in case this law grants this rights.
    Presented by relatives of arrested scholars
    Scholar/ Yahya Al Dailami - Scholar/ Mohammed Miftah
    Pp Hassan Hussein Al Dailami - Faiz Ahmed Miftah
     
  14.   مشاركة رقم : 8    ‏2005-04-10
  15. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
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    الإعجاب :
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    A statement by the scholars on the violations practiced against scholars and followers of the Zaidi sect

    In the beginning, we thank Allah who honored scholars and students.

    In the time when all countries and nations are heading towards honoring scholars and improving their position in society driven by a belief that science and education are the pathways to development and progress, it is an obligation for our country to walk the same path being a democratic country that respects freedom of thought and belief. Unfortunately, many violations to these were practiced. Every one is aware with the suffering of our colleague scholars. Those scholars have a very good reputation and have exerted their efforts to spread virtue and encourage morals and were most keen about what is good for our nation. They were subjected to harassment and arrest, something that is quite hard to believe. It is not believable to subject a Muslim to such practices, nevertheless a scholar whom the society is witness of their morals and care about the nation. They committed no crime except for believing that our leadership has granted us with freedom of expression and thought as stated by the constitution and law. These scholars are known to stick to the laws and their devotion to their country. Their pay back was arrest, prison, and humiliation and other practices that are against our religion in addition to all the harassment and threats addressed to those who support the scholars or stand in solidarity with them.

    We condemn the following:

    All arrests of scholars:

    - Arrest and trial of Judge Mohammed Luqman, and the verdict against him with 10 years in prison for fake charges an through illegal procedures and indulging issues of controversy as if it is a trial for the Zaidi sect.
    - Arrest of Scholar Mohammed Yahya Salem Azzan only for being an editor for Zaidi books which form a big part of the Yemeni history.
    - Arrest and trial of scholars Yahya Huseen Al Dailami in 9/9/2004 and Mohammed Ahmed Miftah in 16/9/2004.
    - Arrest of Eng. Ali AL Bukari
    - Arrest of scholar Ibrahim Al Jalal and Sharaf Al Faran in 23/2/2005
    - Events that coincided with the trial of scholars AL Dailami and Miftah in 27/2/2005 which included fire shooting and horrifying of general public who came to attend the court sessions as well as arrest of some persons who were in strike of solidarity: Scholar Sharaf Al Noami, Scholar Yahya AL Mahdi, Scholar Abdullah Al Dailami, Ali Al Dailami, Abdullal Al Alimi, Lutf Qashasha, AMin Qashasha, AMin Al Khawlani, Ibrahim AL Dailami, Faiz Mifah, Khaled Miftah, and Ali AL Ostta.

    Violence subjected to scholars and teachers of the Zaidi sect including:

    - Closure of Zahra’a women cultural center, and forced possession of some of its contents as well as horrifying its staff in 17 Tho al Hijja.
    - Surrounding Al Nahrain mosque with forced and horrifying the persons praying in the mosque in 18 Tho al Hijja as well as entering by force to some of the mosque’s facilities.
    - Forced possessions of scholar Miftah’s library.
    - Forced possession of some documents owned by scholar Miftah and related to the Zaidi sect.
    - Surrounding the house of Mr, Hussein AL Dailami and stocking his son scholar Abdullah Al Dailami.
    - Some violent actions against Badr Educational Center represented by destroying its facilities and breaking its door as well as threatening its staff by arms.
    - Chain of arrests in Al Mahabsha which included scholar Hassan Al Noami (twice),scholar Zaid Amer, Abdullah Al Noaimi, Bakeel Al Hashedi, Majed AL Huthi.
    - Closure of the tom of Ahmed bin Al Hussein in Thebeen and preventing people from visiting it since Sha’aban.
    - Inspection and horrifying all in AL Moayad school in Ma’abar and possessing some of its books by force in August 2004.

    All the above mentioned arrests of scholars were caused by practicing of these scholars to their legal and constitutional rights.

    One has become afraid to express his thought or opinion so that he is not subjected to prison and humiliation. This is a violation of human rights which were granted by all religions and inter nation laws as well as the Yemeni constitution.

    We hereby demand from all concerned authorities headed by the political leadership represented by President. Ali Abdullah Saleh. To move and take the following action:

    - release of all persons arrested.
    - Return of all objects and documents and other possessions that were taken by force
    - Grant the right to express opinion and thought which are all legal and constitutional rights.

    These practices are against the benefit of our nation which works to maintain peace, unity and social security. We do not know who benefits from these events which can be misused to break the unity of Yemeni people and open the field for those who are enemies of the nation.

    Mohammed Ahmed Al Mansoor
    Hammood Bin Abass Al Moayad
     
  16.   مشاركة رقم : 9    ‏2005-04-10
  17. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
    الإعجاب :
    0
    A Statement by the Joint Meeting Parties

    A Statement by the Joint Meeting Parties


    The Joint Meeting Parties have followed the foolish behavior and actions conducted by the security forces on Sunday, 27th of February 2005 against the protestors who were in front of the penal court. The court was holding its special session trialing a number of scholars and journalists convicted with accusation related to freedom of opinion and expression. This actions peaked when Mr. Ali Al Dailami, a member of the general secretary of the Union of Popular Forces, 11 of his protesting colleagues were arrested.

    The Joint Meeting Parties strongly condemn these actions which contradicts with the minimal conditions and principles of the current available democratic margin. This margin which is constantly narrowed by the government. The joint Meeting Parties demands the prompt release of Mr. Ali Al Dailami and his colleagues. In addition, it emphasizes on the dangerous consequences of the series of violations to freedoms and political rights granted by the constitution.

    It particularly warns from the dangerous impact of the political congestion that is growing increasingly. This confirms the correct vision of the Joint Meeting Parties which appreciates the need for urgent steps towards political reform, which is considered the ideal means to get the nation out from the dark era it is living in today, and to liberate the community from corruption and injustice which its suffers. Political reform will also limit the intended political and social instability and shall prevent impending political crisis.

    The Joint Meeting Parties

    The Yemeni Congregation for Reform- Islah Party
    Yemeni Socialist Party
    The People’s Nasserite Unionist party
    The National Arab Socialist Ba’ath Party
    The Haqq Party
    The Union of Popular Forces
     
  18.   مشاركة رقم : 10    ‏2005-04-10
  19. الحسن المتوكل

    الحسن المتوكل عضو

    التسجيل :
    ‏2004-11-06
    المشاركات:
    87
    الإعجاب :
    0
    Withdrawal Statement by the Defense Committee of Scholar Al Dailami and Scholar Miftah.

    The defense committee of scholars Yahya Hussein Al Dailami and Mohammed Ahmed Miftah accused before the specialized primary penal court formed of lawyers; Abdulaziz Al Baghdadi. Ahmed Ali Al Wada’i, Dr. Mohamemd Al Mikhlafi, Nabeela Al Mofti, Jamal AL Goa’bi, Mohammed Ali Al Maqtari, Mohammed Hussein Luqman, Ahmed Qassim Al Dailami, and Abdulrab Al Murtatha, decided to withdraw from the court session held on Sunday 30/1/2005 upon the reveal of the true pathway un which the trial is progressing. To make them clear for the public, human rights organizations, public organizations, lawyers syndicate, and the media, hereby are the reasons and motivations behind the withdrawal of the defense committee:

    I. Violations against the Defendants:

    1. Defendants were subjected to brutal violations against their constitutional and legal rights in very intimidating and humiliating means since their discrete kidnapping by the political security forces. These violations were practiced with unbelievably indifferent manner and unfortunately continue before the primary court, which is the house of “justice”, one of Allah Almighty’s holy names.

    In 9/9/04, defendant scholar Yahya Al Dailami was kidnapped while exiting the mosque after his morning prayers by the political security forces and was hid for 10 days with out informing his family. It was not allowed for him to meet any visitors for 2 weeks.

    In 16/9/2004, scholar Mohammed Ahmed Miftah was kidnapped at 10:00 pm in front of his house in Al Rawtha and was hid for 2 weeks. He was not allowed to meet any one for 2 months.

    2. The remaining books that were kept in a store next to scholar Miftah’s residence were taken away. Some of these books are valuable and worth more than 15 million Rials. We do not know what is the destiny of these books even though several inquires were made in this regards by the prosecution.
    3. The prosecutors hurried to present their accusation decrees giving no time for the defense committee for defense.
    4. We had hope that court will be impartial enough to guarantee the constitutional and legal rights of the defendants, so we presented two essential demands for defense to the court in its second session:
    - Release of the defendants as they have been arrested according to no legal warrant being a violation of the constitution and law.
    - Provision of copies of case-files to be able to perform the tasks of defense according to the content of the files.

    The former head of court responded to our request for a copy of the case-file, and rejected the second demand of release of the defendants. This was 3 days before the judiciary action in the court session held in 26/12/04. The period following the judiciary act, the court general secretary refused to provide a copy of the case-files according to its unpublicized instructions.

    5. Before the new head of court in the 9/1/05 session, the head of court totally refused the previous permission of copying the case-files. After so much argument with the defense, he permitted providing a copy of the accusation statement, and the list of proof evidence only, as well as the opportunity to appeal to court. When the appeal request was presented, the head of the appeal court declared that copying the file was previously rejected by court. In the session held in 30/1/05, the defense committee requested the permission to present defense based on ignorance of accusations, which was rejected by the prosecutors, the court denied all the defense requests including provision of a file copy, release of defendants, or suspending the trial until the requests for obtaining a copy of the files are dealt with as well as presenting formal defense requests based on ignorance of accusations. The defense committee was saddened when the list of proof evidence was declared. Only then, the defense committee decided to withdraw from court after registering t in the court minutes to save the honor of the profession as partners with the jury to establish justice.

    II. Justification of Withdrawal:

    Upon its decision to withdraw from trial, the defense committee of the defendants scholars Miftah and Al Dailami, advocates for constitutional legislations, and the international conventions which all conform with the Islamic teachings and legislations. Articles (47, 48,and 49) of the constitution concerning the defendant rights, articles (7,9,10,11,and 12) of the International Declaration of Human Rights, articles (7,9.10, 14,15, and 17) of the International Convention for Civil and Political Rights ratified by Republic of Yemen, articles ( 3,4,5,6,7,8,9,324, 325,346/2,5, 396, and 397) of the Penal Law, articles ( 16, and 64) of the Trail Law, and article (5) of the Attorney’s Law. All these articles consider the right to defense the core of the legality of any trial, with which honesty and integrity of trails can be guaranteed.

    As the defense committee regards that the procedures of the trial is not assisting it to perform its tasks and being not able to obtain a copy of the case files, it believes that it has been limited and paralyzed denying the defendants their right to a fair trial before their judge and transferring them to a special court, which presents a fake role for the defense in a trial that has been planned for previously.

    The defense committee is astonished that the American Justice has provided the Yemeni citizen Mohammed Al Moayad and his companion, guarantees for a fair trial starting with giving him the choice for an attorney and providing a true copy of the files and voice recorded evidence stamped and accredited by court, and provided the Palestinian struggler Marwan Al Barghothi the right to practice his political activity inside the Israeli prison.

    The decision of withdrawal by the defense committee is a continuation of in the right direction which has been adopted by the attorneys syndicate, Sana’a Branch in 3/8/2004, when it supported the withdrawal of 12 attorneys whom were assigned by the syndicate to defend the persons accused for the explosion of the French tank Limburg, because the same court denied the defense the right to obtain a copy of the case file and subjected them to practices that underestimated their integrity, as in the case of scholars Al Dailami and Miftah.

    Therefore, the defense committee calls all the colleague attorneys to stand in solidarity with in the face of the practices in the specialized penal court which violates the constitution and national and international law, and boycotting the sessions of all trials in this court.

    The defense committee quotes the Minister of Human Rights saying” when the channels for advocacy are narrowed, and means to the truth are blocked, and the legality of defending human rights is questioned, the opportunities for achieving justice become limited, and a substantial alteration will affect the relative values of people’s rights and duties…with out your assistance- you human right defenders- justice can be misled and people’s rights can be blown with the wind”. The defense committee calls the Minister of Human Rights to intervene with the supreme authorities in the country.

    It also demands from all activists in the field of human rights and civil society organizations including parties, syndicates and activists to mobilize inside the official authorities in the state to stop the practices of prejudice. It confirms that what is subjected to scholars Al dailami and Miftah is a brutal violation of their civil rights not based on any solid ground. The direction towards the trial is heading is very dangerous which is trial based on suspicion, and taking political advantage of judiciary power. The defense committee demands from everyone to request the publication of the contents of the case file in the newspapers to be monitored by the community conforming to the heart of the publicity of any trial. This will prove the accountability of what was mentioned by the defense committee.

    Stated in Sana’a, Monday 31/1/05
    Defense Committee of Scholar Al Dailami and Scholar Miftah.
     

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