AUGUST 4, 1999
His Excellency Prime Minister Abdel Karim al-Iryani
c/o His Excellency Ambassador Abdul Wahab al-Hajjri
Embassy of the Republic of Yemen
2600 Virginia Avenue, N.W.
Washington, DC 20037
Your Excellency,
The Committee to Protect Journalists (CPJ) is writing to express its deep concern about the convictions handed down this morning by the Seera Court of First Instance against Hisham Basharaheel, editor of the thrice-weekly newspaper Al-Ayyam, and Ali Haitham Ghareeb, a reporter with the paper.
Both Basharaheel and Ghareeb were sentenced by Judge Mohsen Alwan to suspended prison terms of six and ten months respectively on charges that included “instigating national feuds,” “instigating the spirit of separatism,” and “harming national unity.” The charges were filed in May in response to an article written by Ghareeb and published in the February 27, 1999 edition of Al-Ayyam, titled “Let’s Talk About Unity from the Social Perspective.” The article criticized the structure of local government in Yemen, where Southern provinces are governed by politicians from the North of the country.
Basharaheel was additionally charged with violating a January 1999 court order banning publication of court proceedings from the trial of a group of British nationals who were then facing terrorism charges in Aden. The article, published on March 3, 1999, and titled “Lawyer Hmeidan Calls for Dismissal of Trial of Her British Clients on Account of Improper Legal Proceedings,” summarized a story by the British Broadcasting Corporation (BBC), which reported that the lawyer for the eight men had urged that their cases be dismissed on procedural grounds. It is unclear whether Basharaheel was actually convicted of this charge, since the court did not release details of the ruling.
In addition to the sentencing of Basharaheel and Ghareeb, Judge Alwan also ruled against the prosecution’s request that Al-Ayyam be closed indefinitely. The prosecution appealed against the quashing of the ban, while Al-Ayyam appealed the convictions of both journalists.
Although the court suspended the prison sentences handed down against Basharaheel and Ghareeb, CPJ views their convictions as a flagrant violation of the right to free expression as guaranteed under international law. It is also a grave threat to press freedom in Yemen. We believe that the ruling will have a chilling effect on journalists and will encourage self-censorship in the press. Specifically with regard to Al-Ayyam, we note with concern that the suspended prison sentences against Basharaheel and Ghareeb could be enforced if both journalists are convicted of a similar offense during the next six to ten months, according to a lawyer representing the newspaper.
We are encouraged by your statements to CPJ vice chairman Terry Anderson, during your meeting in Sanaa last month, about the Yemeni government’s commitment to safeguarding the rights of journalists in Yemen. In that meeting you said the Yemeni government was “committed to freedom of the press,” and that it is “ready to listen to any report of a violation and ready to take action.” It is in this spirit that we respectfully urge Your Excellency to examine all possible legal options to ensure that the convictions against Hisham Basharaheel and Ali Haitham Ghareeb be rescinded. We further ask that you initiate meaningful legislative reforms aimed at halting the criminalization of journalism in Yemen, and to enact legal safeguards that will guarantee the right of journalists to practice their profession freely without reprisal from the state.
Thank you for your attention to this important matter. We look forward to your prompt reply.
Sincerely,
Ann K. Cooper
Executive Director
Join CPJ in Protesting Attacks on the Press in Yemen
Send a letter to:
His Excellency Prime Minister Abdel Karim al-Iryani
c/o His Excellency Ambassador Abdul Wahab al-Hajjri
Embassy of the Republic of Yemen
2600 Virginia Avenue, N.W.
Washington, DC 20037