Yemen: Journalist sentenced to 5 years in prison

English PEN protests the five-year prison sentence handed down to journalist Abdulaelah Haider Shaea on 17 January 2011 for his coverage of Islamist groups in the Arabian Peninsula. PEN considers that he has been sentenced solely for the peaceful exercise of his right to freedom of expression as guaranteed by Article 19 of the International Covenant on Civil and Political Rights, to which Yemen is a party, and calls for his immediate and unconditional release.

According to our information, Shaea was sentenced on 17 January 2010 by the state security Specialised Criminal Court (SCC) in Sana’a for his alleged connection with Al-Qaeda, although there is no evidence to support the charges against him. It is widely believed that Shaea has been sentenced for his journalistic work. Shaea has stated that he will not appeal against the sentence because he does not recognise the legitimacy of the SCC court (see below for more details).

Shaea was arrested at his home on 16 August 2010 by anti-terror police who reportedly beat him in front of his family and their neighbours. Police also searched his home and confiscated his personal computer and note book. He was held incommunicado in the political security prison in Sana’a for 29 days before his first hearing on 16 September 2010. On 22 September, the Specialised Criminal Court extended his detention for an additional 30 days to complete the investigation.

According to his lawyer, who was allowed to meet him once only, Shaea is in very bad health; he suffers from anaemia for which he is not currently receiving any medical treatment. The lawyer reports that Shaea was tortured and ill-treated during interrogation and it is said that during his hearing extensive bruising was evident on his body. It is also reported that he was subjected to long hours of harsh interrogation during which he reportedly lost consciousness.

This is the second time Shaea has been detained in the past year. On 11 July 2010 he was abducted by men who reportedly identified themselves as government agents. He was blindfolded and led to a basement in an unknown location where he was interrogated for a few hours about his friends and on his reporting on Al-Qaeda. Another journalist, Kamal Sharaf, who was arrested along side Shaea and released after 23 days, reports that Shaea could be targeted for interviews he gave to US-based media.      

Background

Freedom of expression is highly restricted in Yemen and PEN has long been concerned about the number of journalists detained or threatened for their legitimate reporting on political issues. Several newspapers have been closed down or suspended and many journalists have been arbitrarily detained for their coverage of sensitive issues, including Al-Qaeda’s activities in the south and the Sa’ada insurgency in the north. Many detainees are taken before the Specialised Criminal Court (SCC) which was established in 1999 to try the crime of hiraba (a Shari’a term referring to offences such as occupation of public land, theft of means of transport and aggression against officials). In 2004 the government expanded its mandate, giving it jurisdiction to try people accused of vaguely worded state security offences. The court follows the regular Code of Criminal Procedures, but its proceedings are reported to fall short of international fair trial standards  (See Amnesty’s Urgent Action ‘Detained journalist questioned by prosecutor‘ for more details)  

TAKE ACTION

Please send appeals:

- Condemning the harsh prison sentence handed down to writer, journalist and lawyer Abdulaelah Haider Shaea solely for the peaceful exercise of his right to free expression;
- Calling for his immediate and unconditional release in accordance with Article 19 of the International Covenant on Civil and Political Rights, to which the Republic of Yemen is a signatory;
- Ensuring that he has full access to family visits and any necessary medical care whilst detained;
- Seeking assurances of his well-being in detention.

Send appeals to:

His Excellency General ‘Ali ‘Abdullah Saleh
President
Office of the President
Sana’a
Republic of Yemen
Fax: 967 127 4147

Minister of the Interior
Mutaher Rashad al Masri
Ministry of the Interior
Sana’a
Republic of Yemen
Fax: 967 1 332 511

And copies to:

Minister of Human Rights
Houda ‘Ali ‘Abdullatif al-Baan
Ministry for Human Rights
Sana’a
Republic of Yemen
Fax: 967 1 444 833

Please also send copies of your appeal to the diplomatic representative for Yemen in the UK:

His Excellency Mr Abdullah al-Radhi
57 Cromwell Road
London
SW7 2ED
info@yemenembassy.org.uk