Identifier
Created
Classification
Origin
05SANAA1316
2005-05-17 12:51:00
CONFIDENTIAL
Embassy Sanaa
Cable title:
HUMAN RIGHTS MINISTER SOSWA ON THE AMINA CASE,
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001316
SIPDIS
E.O. 12958: DECL: 05/15/2015
TAGS: PHUM PREL YM KMCC
SUBJECT: HUMAN RIGHTS MINISTER SOSWA ON THE AMINA CASE,
PRESS LAW AND GTMO
REF: A. SANAA 1244
B. SANAA 1054
Classified By: Ambassador Thomas C. Krajeski for Reasons 1.4. (b) and (
d).
C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001316
SIPDIS
E.O. 12958: DECL: 05/15/2015
TAGS: PHUM PREL YM KMCC
SUBJECT: HUMAN RIGHTS MINISTER SOSWA ON THE AMINA CASE,
PRESS LAW AND GTMO
REF: A. SANAA 1244
B. SANAA 1054
Classified By: Ambassador Thomas C. Krajeski for Reasons 1.4. (b) and (
d).
1. (C) Summary: In a May 15 meeting with Ambassador, Human
Rights Minister Amat al-Alim Soswa discussed the death
penalty case of Amina al-Tuhaif (ref A),the draft press law
(ref B) and the recent allegations of Koran desecration at
GTMO. End Summary.
--------------
The Saga of Amina al-Tuhaif
--------------
2. (SBU) Concerning the death penalty case of Amina Ali
Abdallah al-Tuhaif, (ref A),Soswa pointed out that Tuhaif's
age was only one of several issues that allowed for a stay of
execution. She noted that according to Sharia, Tuhaif was
likely entitled to a stay until her child, who was born in
prison, is considered an adult and afforded the opportunity
to pardon her mother. Soswa disclosed that she would likely
use this argument to at least delay the execution. Soswa
also implied that the case might offer Yemeni legal
precedence on the right to a fair trial and defining the age
of majority.
3. (C) On Tuhaif's guilt, the Minister noted that Tuhaif
personally admitted to her that she and a male relative
killed her husband because she, "just didn't like him,"
although Tuhaif maintains that she did not know what she was
doing at the time. (Note: The body of Tuhaif's husband was
found mutilated at the bottom of a well. End Note.) Soswa
confirmed to Ambassador that Tuhaif, who is "beautiful and
manipulative," escaped from prison shortly before her 2002
scheduled execution with the help of five sympathetic prison
guards and the Mahaweet Prosecutor General. All six were
subsequently dismissed from their jobs.
4. (SBU) Soswa revealed that the Ministry of Human Rights
(MHR),with President Saleh's personal help, is attempting to
resolve the case. "In the end," she observed, the case and
its solution were "complex and tribal." Soswa held out hope
that Saleh's offer to the victim's family for "Dia'a" would
eventually be accepted. (Note: Usually referred to as "blood
money," Dia'a is a payment made to a murder victim's family
by the murderer's family to allow for his or her exoneration.
Should her execution be stayed under Sharia Law as Soswa
proposed, the daughter at the age of adulthood would be asked
to decide if her mother should be executed for killing her
father. End Note.) Soswa also confirmed Tuhaif's legal
status by noting that no new execution date has been set.
--------------
Press Law
--------------
5. (C) On the proposed new press law (ref B),Soswa
attributed the current controversy to the ROYG's poor
handling of the issue. She noted that the law was "poorly
written," and pushed out of the Ministry of Information (MOI)
too quickly without taking the necessary time to evaluate and
consult with media interests. Soswa also divulged that she
herself leaked the proposed law to the press in order to
increase transparency.
6. (SBU) Soswa expressed disappointment with the Yemeni
Journalist Syndicate (YJS) for always "yelling and screaming
but not doing anything." Soswa explained that a new law was
indeed necessary to replace other laws (such as those that
remain in the penal code) that mandated penalties, including
death and imprisonment for speech. In order to increase
transparency, Soswa said that she intended to hold a national
symposium on the law in the near future.
--------------
GTMO
--------------
7. (C) On the recent allegations of Koran desecration at
Guantanamo Bay (GTMO),Soswa said that she wished the "issue
of Guantanamo" would be put to rest "once and for all,
despite the extenuating circumstances of 9/11." As to
whether or not the ROYG would provide written assurances that
Yemeni GTMO releasees would not harmed if repatriated, Soswa
replied that in her opinion, "the assumption of course is
that the assurance is there." She also expressed hope that a
ROYG delegation would finally be allowed to travel to GTMO to
prepare for an eventual release of Yemeni detainees.
8. (SBU) In response to congratulations for being named one
of the Arab World's most influential figures by Arab Newsweek
on May 6, Soswa thanked the Ambassador and commented, "It's
tough sometimes, but I am still fighting."
Krajeski
SIPDIS
E.O. 12958: DECL: 05/15/2015
TAGS: PHUM PREL YM KMCC
SUBJECT: HUMAN RIGHTS MINISTER SOSWA ON THE AMINA CASE,
PRESS LAW AND GTMO
REF: A. SANAA 1244
B. SANAA 1054
Classified By: Ambassador Thomas C. Krajeski for Reasons 1.4. (b) and (
d).
1. (C) Summary: In a May 15 meeting with Ambassador, Human
Rights Minister Amat al-Alim Soswa discussed the death
penalty case of Amina al-Tuhaif (ref A),the draft press law
(ref B) and the recent allegations of Koran desecration at
GTMO. End Summary.
--------------
The Saga of Amina al-Tuhaif
--------------
2. (SBU) Concerning the death penalty case of Amina Ali
Abdallah al-Tuhaif, (ref A),Soswa pointed out that Tuhaif's
age was only one of several issues that allowed for a stay of
execution. She noted that according to Sharia, Tuhaif was
likely entitled to a stay until her child, who was born in
prison, is considered an adult and afforded the opportunity
to pardon her mother. Soswa disclosed that she would likely
use this argument to at least delay the execution. Soswa
also implied that the case might offer Yemeni legal
precedence on the right to a fair trial and defining the age
of majority.
3. (C) On Tuhaif's guilt, the Minister noted that Tuhaif
personally admitted to her that she and a male relative
killed her husband because she, "just didn't like him,"
although Tuhaif maintains that she did not know what she was
doing at the time. (Note: The body of Tuhaif's husband was
found mutilated at the bottom of a well. End Note.) Soswa
confirmed to Ambassador that Tuhaif, who is "beautiful and
manipulative," escaped from prison shortly before her 2002
scheduled execution with the help of five sympathetic prison
guards and the Mahaweet Prosecutor General. All six were
subsequently dismissed from their jobs.
4. (SBU) Soswa revealed that the Ministry of Human Rights
(MHR),with President Saleh's personal help, is attempting to
resolve the case. "In the end," she observed, the case and
its solution were "complex and tribal." Soswa held out hope
that Saleh's offer to the victim's family for "Dia'a" would
eventually be accepted. (Note: Usually referred to as "blood
money," Dia'a is a payment made to a murder victim's family
by the murderer's family to allow for his or her exoneration.
Should her execution be stayed under Sharia Law as Soswa
proposed, the daughter at the age of adulthood would be asked
to decide if her mother should be executed for killing her
father. End Note.) Soswa also confirmed Tuhaif's legal
status by noting that no new execution date has been set.
--------------
Press Law
--------------
5. (C) On the proposed new press law (ref B),Soswa
attributed the current controversy to the ROYG's poor
handling of the issue. She noted that the law was "poorly
written," and pushed out of the Ministry of Information (MOI)
too quickly without taking the necessary time to evaluate and
consult with media interests. Soswa also divulged that she
herself leaked the proposed law to the press in order to
increase transparency.
6. (SBU) Soswa expressed disappointment with the Yemeni
Journalist Syndicate (YJS) for always "yelling and screaming
but not doing anything." Soswa explained that a new law was
indeed necessary to replace other laws (such as those that
remain in the penal code) that mandated penalties, including
death and imprisonment for speech. In order to increase
transparency, Soswa said that she intended to hold a national
symposium on the law in the near future.
--------------
GTMO
--------------
7. (C) On the recent allegations of Koran desecration at
Guantanamo Bay (GTMO),Soswa said that she wished the "issue
of Guantanamo" would be put to rest "once and for all,
despite the extenuating circumstances of 9/11." As to
whether or not the ROYG would provide written assurances that
Yemeni GTMO releasees would not harmed if repatriated, Soswa
replied that in her opinion, "the assumption of course is
that the assurance is there." She also expressed hope that a
ROYG delegation would finally be allowed to travel to GTMO to
prepare for an eventual release of Yemeni detainees.
8. (SBU) In response to congratulations for being named one
of the Arab World's most influential figures by Arab Newsweek
on May 6, Soswa thanked the Ambassador and commented, "It's
tough sometimes, but I am still fighting."
Krajeski