A/HRC/45/CRP.7
the Group focused on several emblematic cases: the case of the 35 members of parliament,
the case of the 10 journalists, the case of the 36 academics affiliated to the Government of
Yemen, and the case of Asma Omeissy.
343. On 4 March 2020, 35 members of parliament were sentenced to death in absentia by
the SCC in Sana’a, ostensibly for “having taken actions threatening the stability of the
republic of Yemen, its unity, and security of its territory”. The charges appear to have been
politically motivated – having been brought against a total of 138 members of parliament
who supported the internationally recognised government and participated in the
parliamentary session held in Seyoun on 11 April 2019.513 Further, the convictions have been
used to provide a veneer of legitimacy to the seizure of property of the defendants. The
members of parliament with whom the Group spoke confirmed that they did not receive any
formal communication of the legal proceedings against them and learned of the decision from
social media. They did not formally instruct a legal representative to appear on their behalf
as they do not recognise the legitimacy of the SCC in Sana’a.
344. Ten journalists, arbitrarily detained since 2015, were convicted on 11 April 2020 of
national security offences arising out of their broadcasts and writing. Four journalists, AbdelKhaleq Amran, Akram al-Walidi, Hareth Hamid and Tawfiq al-Mansouri, were sentenced to
death. On 20 April 2020, they formally instructed their legal representative to appeal, and
while the necessary documentation has been filed, there is as yet no indication of the possible
date of the appeal hearing.514 Six journalists, Hesham Tarmoum, Hisham al-Yousifi, Essam
Balghaith, Haitham al-Shihab, Hassan Anaab, and Salah Al-Qadi, were sentenced to time
already served, with three years of assigned residence, an obligation of non-disclosure of the
circumstances of their arrest and detention, and the appointment of a guarantor. They should
have thus been immediately released. As of 14 September 2020, despite the release order,
only one of the six, Salah Al-Qadi, had been released,515 while the others are reportedly to be
released as part of a prisoner exchange.516 This case exemplifies the way in which journalists
have been subjected to a pattern of violations in order to silence their work.
345. Another case the Group has been following is that of 36 academics who were charged
with inter alia membership of the military wing of al-Islah, participating in assassinations,
detonating bombs, undertaking military training in Ma’rib, and tracking the movements of
Houthi forces. On 7 July 2019, 30 academics out of the 36 defendants were convicted and
sentenced to death. They are currently appealing their convictions, though no date has been
set for the appeal hearing. Their property was seized, despite there being no formal
confiscation order. The other six academics were found not guilty and consequently released,
on condition that they not divulge information concerning their case and that a guarantor be
appointed.
346. A further emblematic case is that of Asmaa Omeissy517, a woman convicted and
sentenced to death by the SCC on 30 January 2019. She was tried together with another three
male defendants, one of whom is her father. She was convicted of offences relating to
collaboration with the enemy, immoral acts, prostitution, adultery, and for being alone with
men without a male guardian. At the court hearing she was the only defendant as the other
three defendants had been released on bail during pre-trial proceedings and they fled the de
facto authorities’ controlled areas. Her conviction for collaboration with the enemy was
subsequently overturned by the Appeals Court on the basis of a lack of factual evidence and
procedural violations. However, the “morality” related convictions were upheld. The initial
sentence of flogging was commuted to 15 years imprisonment. A request for appeal has been
lodged with the Supreme Court but the date for the hearing has not been scheduled yet.518 It
appears that, in this case, the de facto authorities are using the SCC to reinforce traditional
This was the first session of the Government of Yemen’s Parliament held since the outbreak of
conflict and was intended to mark the restoration of the functioning of State institutions.
514 Confidential sources on file.
515 Confidential source on file.
516 Confidential source on file.
517 Confidential source on file.
518 Confidential source on file.
513
86
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