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Yemen: Unlawful immunity, says Human Rights Watch
Published in Bikya Masr on 24 - 01 - 2012

SANA'A: The passing of a law granting President Ali Abdullah Saleh and his political associates' immunity from prosecution ahead of the autocrat's departure for the United States of America is being heavily criticized by Human Rights Watch.
The organization argues that such a law bears no value as it directly contradicts international law.
The “immunity bill” which was passed on Sunday by the Yemeni Parliament and enacted by Vice-President Abdu Rabbo Mansour Hadi, guarantees that Saleh and his coterie will walk free from whatever crimes they could have committed during their 33 years in power, including war crimes; going against the most basic principles international law stands for.
Under the influence of the GCC countries, Yemeni politicians from the opposition and the regime agreed to ink a power-transfer initiative under provisions that neither President Saleh nor his family and loyalists would ever be legally troubled for their past crimes. In exchange they promised to peacefully hand out the reins of power.
And even as Yemenis cried out for treason, urging the opposition to reconsider since they refused to allow their “butchers” as they call them to walk free after having perpetrating countless crimes against Yemen, politicians argued it was the only way to avoid a civil war.
Prime Minister Mohamed Basendwa made a teary plea to Yemen upon the adoption of the “immunity bill'.
“Even though my people will curse me for allowing a criminal to be set free I had to save Yemen. It was the only way for us to be rid of the tyrant,” said a sobbing Basendwa to a subdued nation.
But for all the tears and justifications, the majority of Yemenis refused to recognize the legitimacy of this law; and according to Sarah Leah Whitson, Middle East director at Human Rights Watch, they should not.
“This law sends the disgraceful message that there is no consequence for killing those who express dissent. The Yemeni government should be investigating senior officials linked to serious crimes, not letting them get away with murder.”
Several rights lawyers agree with HRW as they maintain that war crimes, crimes against humanity, genocide and all other serious infractions to international treaties and conventions require the country in which they are committed to pursue those responsible and ensure that they are held accountable.
“It is surreal, although Saleh's crimes against his people are well documented; some having been videotaped and aired online; the United States of America and most European countries have pushed for immunity to be granted. It is a case of pure hypocrisy since they claim to be standing for democracy and justice. To make matters worse the US is now harboring a criminal of war. What sort of message does this send to the World's tyrants?” said a Yemeni activist in Taiz.
Navi Pillay, UN High Commissioner for Human rights recently declared that “no amnesty could be granted for serious crimes under international law.” UN special envoy to Yemen, Jamal Benomar also said he was disappointed with Yemen's political class as he believed the immunity bill was a grave mistake and an insult to those who suffered by the hands of the regime.
Whitson is now saying that “courts outside Yemen can and should ignore this amnesty and prosecute serious international crimes committed by the Saleh government.”
She is actually raising an issue that is being discussed at length by human rights activists within Yemen as many are planning to directly appeal to the International Criminal Court.
BM
ShortURL: http://goo.gl/yI95c
Tags: GCC, HRW, Immunity, Saleh
Section: Latest News, Yemen


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