Justice for Hassan will show if Yemen has really changed


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In the mid 1950s, the famous Adeni poet Lutfi Jaafar Amaan wrote: "In the meadow of impossible, we will plant the happiness and hopes of a generation". Six decades later, his grandson would be shot dead in a killing that diminishes what little hope remains for his generation.

On May 15 this year, Amaan's grandson, Hassan, 20, and his friend Khaled, 21, were shot in cold blood as they attempted to pass a wedding procession.

It is customary to allow a procession to pass without interruption. The young men's innocent defiance of this custom cost them their lives because the procession they passed was linked to a powerful political and tribal figure.

For years, powerful men - be they businessmen, politicians, or tribesmen - robbed citizens of their right to justice and cost thousands their lives. The former president, Ali Abdullah Saleh, allowed influential corrupt men to do as they please with no accountability.

Numerous stories and personal experiences of injustices at the hands of people linked to the government prompted many to participate in the 2011 uprising, demanding justice and the rule of law.

While tribal law provided order and security for communities outside the government eye for hundreds of years, some powerful and corrupt individuals had been given a green light by the government to do as they please.

Many young revolutionaries dreamed of a new Yemen where the law is upheld and all citizens would be treated equally. Hope was placed in the hands of the national unity government and the National Dialogue Conference (NDC).

Yet, for many the case of Hassan and Khaled crushed their faith in the transitional process.

"They call this the new Yemen. How is it new when everything is the same?" said Ali, a taxi driver and education ministry employee.

"Corruption is still there, except instead of only one group of people stealing, now you have many."

The person who is accused of killing Hassan and Khaled was identified as a nephew of Sheikh Ali Abd rabbou Al Awadhi, a powerful tribal sheikh, an NDC delegate and high-ranking member of the Islamist Islah party.

This case has been widely publicised. To many, this case resembles the fate of Yemen.

As writer Salah Al Dakkak put it: "It is not simply an act against a citizen, it is an act against citizenship."

Most importantly, it has become the test for the performance of the transitional government.

Three months after Hassan and Khaled died, their killer has not been arrested and a file for the case has not even been officially opened in the Ministry of Interior.

Every day that passes without justice for Hassan and Khaled is a day where the NDC loses its credibility in the eyes of the people. Sheikh Al Awadhi remains a member of the NDC.

At a time when revolutionaries hoped for a complete change in the system and a break from the past's legacy of mass violations, this case has not only enshrined impunity in national law, but also in the psyche of Yemeni citizens.

"Some are demanding my arrest, as if I am the killer, while those who engaged in mass murder enjoy freedom and immunity," said Sheikh Al Awadhi in a statement he released to media.

The immunity law he is referring to was stipulated in the Gulf Cooperation Council's (GCC) transfer of power deal in return for Mr Saleh's resignation, protecting him and his aides from prosecution for "political crimes" during his rule.

The GCC agreement also requires steps on transitional justice and "measures to ensure that violations of human rights and humanitarian law do not occur in the future". A law on Transitional Justice (TJ) and National Reconciliation has been under discussion since February last year but the cabinet failed to reach consensus on it and the law is currently with President Abd Rabbu Mansour Hadi awaiting approval.

The draft law provides for truth commissions to determine reparations, ranging from material compensation to apologies and memorials. It would also have the authority to compel testimony or the release of documents, and would publish draft reports inviting comments from civil society organisations and the public at large.

These are positive steps that provide some hope but major concerns remain. Will President Hadi and members of the current government, who were part of the old regime, allow for the commission to investigate crimes that occurred while they were officials in the previous government?

According to the lawyer Haykal Bafana: "Transitional Justice is the mirror image of the immunity clause. What the TJ bill requires is an explicit acceptance by the victims of the immunity law that was approved by Yemen's parliament last year."

In effect, victims can seek justice through the TJ law but it will still be subservient to the immunity law and the GCC deal.

Another major question is that of implementation. Too often in countries where the rule of law is ignored, legislation provides decent protection for citizens, but implementation is lacking. Many fear that the transitional justice law will remain ink on paper, never to be implemented.

Despite these negative trends, local community-based initiatives are on the rise. "No one is above the law" flyers that have decorated many cars in major cities around the country. Letters have been delivered to officials through street protests demanding justice for Hassan and Khaled.

The two men's families are vowing to pursue real justice - but to do so with words as weapons rather than responding with arms for arms or blood for blood.

Atiaf Zaid Alwazir is a writer and researcher based in Sanaa

How to help

Donate towards food and a flight by transferring money to this registered charity's account.

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Match info

Newcastle United 1
Joselu (11')

Tottenham Hotspur 2
Vertonghen (8'), Alli (18')

Scores in brief:

Day 1

New Zealand (1st innings) 153 all out (66.3 overs) - Williamson 63, Nicholls 28, Yasir 3-54, Haris 2-11, Abbas 2-13, Hasan 2-38

Pakistan (1st innings) 59-2 (23 overs)

The biog

Name: Dr Lalia Al Helaly 

Education: PhD in Sociology from Cairo

Favourite authors: Elif Shafaq and Nizar Qabbani.

Favourite music: classical Arabic music such as Um Khalthoum and Abdul Wahab,

She loves the beach and advises her clients to go for meditation.

Who was Alfred Nobel?

The Nobel Prize was created by wealthy Swedish chemist and entrepreneur Alfred Nobel.

  • In his will he dictated that the bulk of his estate should be used to fund "prizes to those who, during the preceding year, have conferred the greatest benefit to humankind".
  • Nobel is best known as the inventor of dynamite, but also wrote poetry and drama and could speak Russian, French, English and German by the age of 17. The five original prize categories reflect the interests closest to his heart.
  • Nobel died in 1896 but it took until 1901, following a legal battle over his will, before the first prizes were awarded.
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  • Field operator: Dh5,000 to Dh7,000
Match info

Uefa Champions League Group F

Manchester City v Hoffenheim, midnight (Wednesday, UAE)

Avatar: Fire and Ash

Director: James Cameron

Starring: Sam Worthington, Sigourney Weaver, Zoe Saldana

Rating: 4.5/5

Brave CF 27 fight card

Welterweight:
Abdoul Abdouraguimov (champion, FRA) v Jarrah Al Selawe (JOR)

Lightweight:
Anas Siraj Mounir (TUN) v Alex Martinez (CAN)

Welterweight:
Mzwandile Hlongwa (RSA) v Khamzat Chimaev (SWE)

Middleweight:
Tarek Suleiman (SYR) v Rustam Chsiev (RUS)
Mohammad Fakhreddine (LEB) v Christofer Silva (BRA)

Super lightweight:
Alex Nacfur (BRA) v Dwight Brooks (USA)

Bantamweight:
Jalal Al Daaja (JOR) v Tariq Ismail (CAN)
Chris Corton (PHI) v Zia Mashwani (PAK)

Featherweight:
Sulaiman (KUW) v Abdullatip (RUS)

Super lightweight:
Flavio Serafin (BRA) v Mohammad Al Katib (JOR)

Ten10 Cricket League

Venue and schedule Sharjah Cricket Stadium, December 14 to 17

Teams

Maratha Arabians Leading player: Virender Sehwag; Top picks: Mohammed Amir, Imad Wasim; UAE players: Shaiman Anwar, Zahoor Khan

Bengal Lions Leading player: Sarfraz Ahmed; Top picks: Sunil Narine, Mustafizur Rahman; UAE players: Mohammed Naveed, Rameez Shahzad

Kerala Kings Leading player: Eoin Morgan; Top picks: Kieron Pollard, Sohail Tanvir; UAE players: Rohan Mustafa, Imran Haider

Pakhtoons Leading player: Shahid Afridi; Top picks: Fakhar Zaman, Tamim Iqbal; UAE players: Amjad Javed, Saqlain Haider

Punjabi Legends Leading player: Shoaib Malik; Top picks: Hasan Ali, Chris Jordan; UAE players: Ghulam Shabber, Shareef Asadullah

Team Sri Lanka Cricket Will be made up of Colombo players who won island’s domestic limited-overs competition

if you go

The flights

Fly to Rome with Etihad (www.etihad.ae) or Emirates (www.emirates.com) from Dh2,480 return including taxes. The flight takes six hours. Fly from Rome to Trapani with Ryanair (www.ryanair.com) from Dh420 return including taxes. The flight takes one hour 10 minutes. 

The hotels 

The author recommends the following hotels for this itinerary. In Trapani, Ai Lumi (www.ailumi.it); in Marsala, Viacolvento (www.viacolventomarsala.it); and in Marsala Del Vallo, the Meliaresort Dimore Storiche (www.meliaresort.it).