In An Attempt To End The Violence, Yemeni Government Grants President Saleh “Complete” Immunity

By Adom M. Cooper
Impunity Watch Reporter, Middle East

SANAA, Yemen–The Yemeni parliament has unanimously approved a law giving the country’s outgoing president, Ali Abdullah Saleh, “complete” immunity from prosecution. In return, Saleh has agreed to step down under a Gulf-brokered transition deal. The law, which was adopted on Saturday 21 January 2012, also gives him partial protection from legal action to his aides. In addition, it shields his aides from prosecution over “politically motivated” crimes committed while conducting official duties, except those considered “terrorist acts.”

Yemeni President Ali Abdullah Saleh. (Photo Courtesy of CNN)

The final text of the law displays the following words concerning Saleh’s lieutenants: “cannot face prosecution for actions that were politically motivated and carried out in the exercise of their duties but does not provide amnesty concerning acts of terrorism.”

Saleh’s immunity was the crucial piece of a hard-fought Gulf Arab deal that Saleh signed in November 2011. The US-based Human Rights Watch condemned the issuance of Saleh’s immunity as a “license to kill” and was also criticized by protesters and the UN. It would cover the 33-year period of Saleh’s reign and could not be canceled or appealed against.

The transitional government of national unity, which is led by the parliamentary opposition, had submitted eleventh-hour amendments on Friday 20 January 2012, sharply reducing the scope of the amnesty offered to Saleh’s lieutenants following a public outcry.

Yemeni Information Minister Ali al-Amrani said that the law was the best option for the country and that people can now look forward to change and development.

“The law was a pivotal point of debate, and now we are looking forward to February 21 when a president would lead the country. Many changes took place in the law to make it accepted by all factions, but in the end, the efforts were worth it.”

Rights groups claim that hundreds of protesters have lost their lives in demonstrations and protests since the uprisings began in February 2011. The violence has been highlighted by occurrences of street fighting between Saleh loyalists and opposition figures.

The announcement of Saleh’s immunity came one day after post-prayer protests in the southern city of Taiz broke out against the proposed immunity legislation. Taiz is widely considered the second most important city in the country after Sanaa. The United States and neighboring nation Saudi Arabia were supportive of the plan, fearing that further allowing the political upheaval would let al-Qaeda’s regional Yemen-based wing establish a stronghold along the oil-shipping routes through the Red Sea.

A suspected al-Qaeda linked-group has reportedly take over Radda, a small town in Yemen located about 170 km (105.6 miles) southeast of Sanaa. The group claimed that it is closing in on the Yemeni capital.

The Yemeni parliament has also adopted a law approving Saleh’s longtime deputy, Vice President Abdrabuh Mansar Hadi, as the consensus candidate in the election for his successor, which is due to be held on 21 February 2012. Many in the international community believe that violence in the south and east of the country between the army and al-Qaeda linked military might trigger a delay to the poll. But a senior official of Saleh’s General People’s Congress Party (GPC), Sultan al-Barakani, insisted that the vote will occur as scheduled.

The Gulf-brokered transition agreement foresees that Hadi will be the sole candidate but his nomination has been strongly criticized by the protesters due to his close link with Saleh.

As Saleh continues to fester attention, it is crucial to remember the thousands of civilians in Yemen that have been affected by his actions. Although the deal for immunity was hailed by opposition parties in Yemen, youth protesters and international rights groups called the immunity a violation of international law.

UN Human Rights Chief Navi Pillay agreed that the immunity could violate international law.

“I am pleased that immunity law has been modified but it does not go far enough. The scope of the law is still too broad. The UN cannot condone a broad amnesty that covers UN classified crimes against humanity, genocide, war crimes, gross violations of human rights, and sexual violence. We would have been more satisfied if these recognized categories of crimes were incorporated into the draft law.”

Human Rights Watch also offered a statement on the law.

“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.”

Youth protesters continued marching on Saturday 21 January 2012, rejecting any immunity for Saleh or those serving under him over the last three decades. According to the Revolution Youth Organizing Committee, protests have taken place in 13 provinces across YemenThe largest protests took place in Sanaa, where many continued pushing for Saleh’s prosecution. Salma al-Nusari, a youth activist in Sanaa, shared these sentiments about the situation.

“He killed many, and now the opposition wants to forgive him. Blood that Saleh spilt will not be forgiven, and we will continue demanding his prosecution until our demands are met.”

 

 

For more information, please see: 

Ahram – Yemen MPs Approve Controversial Saleh Immunity Law -21 January 2012

Al-Jazeera – Yemen Parliament Approves Immunity Law – 21 January 2012

BBC – Yemen MPs Approve Saleh Immunity Deal – 21 January 2012

CNN – Yemeni President Saleh Granted Immunity – 21 January 2012

NYT – Yemen Legislators Approve Immunity For The President – 21 January 2012

Reuters – Yemen Grants Saleh Immunity To Try To End Crisis – 21 January 2012

 

Author: Impunity Watch Archive