Lawyers’ Union in Sana’a Accuses Houthis of Undermining the Legal Profession

Monday 1 Dec 2024 |2 weeks ago
from archive

Barran Press

On December 16, 2024, the Lawyers’ Union in Sana’a accused factions within the Houthi movement, classified internationally as a terrorist organization, of attempting to undermine the legal profession and abolish its constitutional and legal roles. The union claimed this effort aims to replace traditional lawyers with "Sharia agents."

This accusation was made in a statement following a union meeting held at its headquarters in Sana’a, where members addressed various violations faced by lawyers and the ongoing attacks on the legal profession.

The union’s statement highlighted that certain groups in Sana’a are facilitating the rise of "Sharia agents" by allowing the Ministry of Social Affairs, under Houthi control, to issue a decree permitting the establishment of a union for these agents. This move, according to the union, violates constitutional provisions and existing laws, including the Code of Civil Procedure, the Criminal Procedure Law, and the Law on the Practice of Law, which restrict the right to defend to licensed lawyers.

The union noted that "Sharia agents," who had previously practiced in the 1970s, were effectively barred from the profession following the establishment of universities and the proliferation of law faculties across Yemen, resulting in a significant increase in law graduates.

The Yemeni legislature had previously allowed only those Sharia agents who were registered with the Ministry of Justice and had obtained licenses to practice law prior to the enactment of Law No. 31 of 1999, which regulates the legal profession.

The statement also referred to the Houthi-controlled Ministry of Justice presenting a proposed amendment to certain provisions of the Civil Procedure Law to the group's illegitimate parliament, despite the absence of justification for such changes. The union warned that passing any amendments would further entrench division and threaten national unity.

Additionally, the statement described various violations, including the detention and harassment of lawyers by some judges and members of primary prosecution offices, which contravene the legal framework, particularly the Law on the Practice of Law and public prosecution directives.

It was noted that some prosecutors are unlawfully interrogating lawyers, despite lacking the jurisdiction to do so, as such matters fall under the competency of appellate prosecution, given that lawyers are considered public officials according to Article 1 of the Penal Code.

The union expressed concern over the Houthi Ministry of Justice's adoption of a proposed pricing schedule for legal sessions, arguing that this contradicts the constitution and undermines the independence and free practice of law, which is essential for promoting justice and defending rights.

Share :

Related Topics