Southern Transitional Council Accused of Mirroring Houthi Tactics, Using Judiciary for Revenge

In the city of Aden, which has been declared the temporary capital of South Yemen, two court rulings were issued yesterday, Tuesday, May 28, 2024 AD. The first ruling sentenced journalist Ahmed Maher, who had been detained in the prisons of the Southern Transitional Council, to four years of imprisonment. The second ruling ordered the execution of Amjad Khaled, the commander of the Army Transport Brigade, following a political dispute with the Council.

These judicial decisions have been met with widespread condemnation from trade unions and human rights organizations, who argue that they are a means of seeking revenge against political opponents. They claim that these trials were unfair, as Maher was not allowed to present a defense, and Khaled was tried in absentia.

The Media Freedoms Observatory, which has been closely monitoring Ahmed Maher's case since his arrest, has criticized the obstruction and violations that have occurred throughout the trial. The Observatory states that the security and judicial authorities in Aden have deliberately impeded the progress of the trial and that the trial itself lacked the most basic standards of fairness.

According to the Observatory, there have been legal imbalances and violations that indicate a lack of justice for journalist Maher. These include his unlawful arrest without judicial orders, his forced disappearance for nearly a month, and the prevention of his family from visiting him. Furthermore, his lawyer, Sami Yassin, was threatened and arrested, and the case files, including evidence of Maher's innocence, were confiscated and hidden by the security services and the specialized criminal prosecution in Aden.

The Yemeni Journalists Syndicate also considers Maher's ruling to be politically motivated, as he was deprived of his right to defend himself. The union condemns the criminal ruling against Maher and echoes the concerns raised by the Media Freedoms Observatory. They assert that Maher has been subjected to a series of violations and arbitrary measures since his arrest in August 2022. They call for the cancellation of the ruling, the release of Maher, and the provision of fair trial guarantees if there are any charges against him.

The American Center for Justice (ACJ) has also criticized the ruling, stating that the judiciary in Yemen has become a tool for political revenge and the suppression of freedoms. The center emphasizes that such rulings reflect a severe decline in journalistic work and freedom of expression in areas under the control of the Transitional Council. They demand the immediate release of journalist Maher without any conditions.

Writer Yassin Al-Tamimi has raised concerns about the malicious practices behind the rulings against Maher and Amjad Khaled, who both oppose secession. Al-Tamimi argues that the criminal court, which primarily deals with terrorist crimes, has been exploited by the Transitional Council and its supporters. He asserts that the court should have referred the cases to the military judiciary for Khaled and the regular judiciary for Maher if there were legitimate charges against them. Al-Tamimi accuses the court of ignoring other terrorist crimes and suggests that it has become a repressive tool in the hands of a party that seeks to further divide Yemen.

Al-Tamimi concludes by stating that the recent rulings may indicate more dangerous trends within the judiciary, where political and regional scores are settled. He warns that the court is targeting individuals associated with the Yemeni state who take positions against secession and the Houthi coup in Sanaa, and he expresses concern that Yemen may face further disintegration and division if these trends continue.

Retribution and Betrayal: Court Rulings Spark Outcry

Adnan Hashem, a prominent journalist closely monitored by Pran Press, recently highlighted a significant development in Aden. He reported that a court in the southern Yemeni city had issued a death sentence for Major General Amjad Khaled, along with several other Yemeni army officers who had fought against the UAE-backed Transitional Council during the 2019 battle of Aden. These individuals were accused of being part of an armed gang. Additionally, journalist Ahmed Maher was handed a four-year prison sentence in the same case.

Expressing his dismay, Hashem criticized the perceived silence and perceived weakness of the Ministry of Defense, the government, and the journalists affiliated with the legitimate government in Aden, Ma'rib, Taiz, and beyond. He lamented the absence of any official response or condemnation from these entities, suggesting an indifference to the matter at hand.

Hashem further argued that the disappointment experienced by army leaders was unjustifiable. He pointed out the lack of moral authority to speak out against the Houthi violations when those in power were seemingly engaged in demolishing everything within government-controlled areas. He characterized the ruling authorities as ruling gangs driven by revenge, questioning their legitimacy and invoking a plea for strength.

Turning to Ahmed Maher's case, on Tuesday, May 28, the State Security Court, a criminal court specializing in terrorism cases, issued a verdict in the temporary capital of Aden. Maher, a journalist who had been forcibly detained for two years, was sentenced to four years in prison. The ruling drew condemnation from Maher's family, who argued that it was politically motivated, unjust, and illegal. They emphasized the absence of any presented evidence against him.

The family deemed the ruling invalid and illegal, asserting that it contradicted principles of justice and violated constitutional provisions and laws safeguarding the rights of journalists, as outlined in Law No. 25 of 1940 AD. They announced their intention to appeal the ruling in the Criminal Court of Appeal and review the unresolved defenses, particularly those concerning public order, as stipulated in Articles 185-186.

Expressing deep regret, Maher's family lamented the court's disregard for clear legal provisions cited by their son during the proceedings, which included references to Articles 8, 9, 103, 105, 177, 132, 133, 321, 322, 38, and 402.

Maher's ordeal began in August 2022 when Transitional Council-affiliated forces raided his residence, abducting him and his brother. Prevented from attending court for over a year, Maher has repeatedly claimed that he underwent interrogations in security headquarters under duress. He alleged being coerced into making confessions related to assassinations and bombings, with these confessions being filmed and disseminated to the public.

In November 2023, a report from the Security Council Committee of Experts drew attention to Maher's case, highlighting it as an exemplification of the arrest, enforced disappearance, threats, and coercion faced by critical journalists targeted by the Southern Transitional Council. The report shed light on the grave challenges to press freedom and human rights in the region.

Brigadier General Amjad Khaled Sentenced to Death

Yesterday, the Specialized Criminal Court of First Instance in Aden issued a death sentence for Brigadier General Amjad Khaled, the Commander of the Transport Brigade in the Yemeni Army, and six others. They were charged with participating in an armed gang.

In his first appearance following the sentencing, Amjad Khaled expressed his refusal to recognize the judicial ruling and referred to the court as "transitional," alluding to its affiliation with the Southern Transitional Council. He accused the council of resorting to various methods, including murder, assassinations, and kidnappings, to eliminate its political opponents. He emphasized that the recent judicial rulings issued against him and his associates had nothing to do with justice. He called for an impartial investigation committee to be established in a neutral location where they could present a genuine defense. He also raised concerns about the intimidation and threats faced by their appointed lawyers in Aden, citing the recent arrest of lawyer Sami Yassin.

On February 26, Amjad Khaled was dismissed from his position as Commander of the Public Transport Brigade, and Brigadier General Ahmed Jaber Al-Qutaybi was appointed as his replacement, along with Colonel Salem Al-Saeedi as the Commander of the Light Transport Brigade. This decision was issued by the Chairman of the Presidential Command Council, Rashad Al-Alimi, through Presidential Resolution No. 30 of 2024.

The Southern Transitional Council has accused Amjad Khaled of terrorism, particularly concerning the confrontations that took place in August 2019 between the council and government forces loyal to former President Abd Rabbuh Mansour Hadi.

Following the signing of the Riyadh Agreement on November 5, 2019, between the internationally recognized Yemeni government and the Southern Transitional Council, Amjad Khaled and several members of the brigade relocated to the city of Al-Turbah, located south of Taiz Governorate.

The judicial ruling against Amjad Khaled is a consequence of the political dispute between him and the Southern Transitional Council. He has consistently denied the charges leveled against him, which have been propagated by transitional media, particularly since the escalation of their dispute in August 2019, when the council initiated the removal of certain military leaders.

The Specialized Criminal Court, which has been utilized by the Houthis in northern Yemen as a tool of oppression against detainees, is widely regarded as illegal. Experts argue that it lacks any semblance of adherence to legal principles and instead employs formal procedures as a means of inflicting psychological and physical torture upon the detainees.