JUSTICE MINISTER LEADS WAY FOR INDEPENDENT COURTS

UNCLAS SECTION 01 OF 02 SANAA 002546 SIPDIS SIPDIS PLEASE PASS TO NEA/PI FOR LAURA SCHULZ. E.O. 12958: N/A TAGS: PREL PGOV EAID KMCA KMPI YM SUBJECT: JUSTICE MINISTER LEADS WAY FOR INDEPENDENT COURTS SANAA 00002546 001.2 OF 002 ¶1. SUMMARY: Ambassador met the Minister of Justice (MOJ) Ghazi Shaif al-Aghbari on August 27 to discuss judicial reforms and related programs. Under the new minister, Yemen has taken substantive steps to strengthen the independence of the courts, which has produced results in combating corruption and lent credibility to the elections process. The judiciary is also increasingly opening its doors to women. Aghbari had high praise for U.S. programs in rule of law, and welcomed future cooperation to assist commercial courts. He promised his assistance to the American Bar Association/Central and Eastern European Law Initiative (ABA/CEELI),which recently encountered difficulties with Yemen's legal community. Aghbari has delivered on issues critical to Yemen's status with the Millennium Challenge Corporation (MCC),and presented himself as a strong partner for reform. END SUMMARY. -------------- Courts Declare Independence -------------- ¶2. On August 27, Ambassador discussed recent reforms in Yemen's judiciary with MOJ al-Aghbari. The Minister pointed to the removal of the Supreme Judicial Council (SJC) from the President's Office as a significant step forward for reform, noting as well the choice of Judge Essam al-Samawi, a young and well-qualified professional, to head the body. The new SJC will follow modern legal standards, said Aghbari, and will be a forum for a "real exchange of ideas." ¶3. According to the new law, the Minister has a seat on the SJC and serves as a link between the judiciary and executive branches. All issues of judicial administration, including hiring, firing, and professional accountability fall under the purview of the legal oversight body. Aghbari explained that the Ministry collects all complaints, especially those concerning corrupt judges, and forwards them to the SJC. MOJ proudly reported that the SJC had already taken decisive action against 10 judges and lawyers, whose cases were referred to the Attorney General for prosecution. ¶4. Aghbari, a former judge, claimed to have an explicit mandate from the President to add muscle to the independent judiciary. To this end, Aghbari recently helped pass Republican Decrees detailing the functions of the SJC and giving it an independent budget. This will allow the judges to resist outside pressure and gain respect as an independent institution, in his view. -------------- MOJ: Yemen Has Come a Long Way -------------- ¶5. To help foster an image of impartial justice in Yemen, Aghbari said that unlike other ministers he would not participate in campaigning for the September elections. This was particularly important, he explained, as MOJ is responsible for ruling on all elections disputes. In general, however, Aghbari marveled at Yemen's progress, saying his country had "opened the door" for democracy in the region. This is even more impressive, said MOJ, given that Yemen was once one of the most traditional and conservative countries. Within the legal system, Aghbari praised the recent admission of women to the Higher Judicial Institute (HJI) and the nomination of women judges for the Aden Court of Appeals and Yemen's Supreme Court. -------------- "Send My Judges to Morocco" -------------- ¶6. Ambassador indicated the USG's desire to help with judicial reform, and offered the example of the MEPI-funded Commercial Law Development Program (CLDP). CLDP has offered to come to Yemen and work with commercial court judges, said Ambassador, which will strengthen rule of law and improve the investment climate. Aghbari praised previous U.S. support, citing recent trainings in intellectual property rights law (offered by the U.S. Patent and Trademark Organization and funded by MEPI) for Yemeni judges as a model of practical assistance. He welcomed the CLDP offer, and immediately suggested that they bring 10 new commercial court judges to Morocco to learn from their peers. Aghbari stated bluntly that the Ministry knows what it needs to do, and does not require additional studies and assessments. What it lacks is resources and partners who are willing to help Yemen meet those needs. SANAA 00002546 002.2 OF 002 -------------- ABA Caught in Political Web -------------- ¶7. Ambassador then raised several issues related to the MEPI-funded legal reform program of the ABA/CEELI. The program focuses on working with reform-minded members of the legal community and in helping the SJC fulfill its new role. Ambassador explained that the local ABA representative, Australian Robin Perry, ran afoul of the bar associations who are now calling for him to be deported. The groups charged that the ABA was seeking to undermine Yemeni law, and implied that it was a front for intelligence gathering, and used the war in Lebanon to shame Yemenis who chose to work with the organization. ¶8. Aghbari acknowledged that he was facing serious problems over the ABA issue. He appeared sympathetic to Perry after having met with him several months earlier, and claimed to have intervened on his behalf with the Ministry of Foreign Affairs. In response, said Aghbari, the bar associations accused him of "taking the Americans' side." According to MOJ, the core issue was competition between the local and national bar associations and not U.S.-Yemeni relations. Nevertheless, Aghbari implied that one month before elections there were few ROYG officials willing to intervene on ABA's behalf. MOJ suggested a future meeting to broker an agreement between the parties. Once the ABA's terms of reference are clarified, said MOJ, "we have no problem with them continuing their work." -------------- MOJ an Ally for Reform -------------- ¶9. COMMENT: MOJ al-Aghbari has clearly established himself among the leaders in the new reform-minded Cabinet, with strong support from the President. It has been his role to midwife the creation of a newly independent judiciary, and to date he appears to being doing an admirable job. Unlike his predecessors, Aghbari is himself a judge and therefore more willing to cede power from the executive to the judiciary. Many of the reforms under his watch are critical to Yemen's status with the Millennium Challenge Corporation, and will likely be highlighted in any ROYG proposal for readmission to the MCC Threshold Program. Supporting reform in Yemen's legal system remains a tricky prospect, as demonstrated by the problems encountered by the ABA, but Aghbari's positive disposition towards U.S. assistance paves the way for future cooperation. END COMMENT. Krajeski