Identifier
Created
Classification
Origin
06SANAA2559
2006-09-03 10:49:00
CONFIDENTIAL
Embassy Sanaa
Cable title:  

UNDER YEMEN'S NEW CHIEF JUSTICE, THE PEOPLE'S

Tags:  PREL PGOV PINR EAID KMCA KMPI YM 
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ZNY CCCCC ZZH
P 031049Z SEP 06
FM AMEMBASSY SANAA
TO RUEHC/SECSTATE WASHDC PRIORITY 5236
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUCNCLM/MCC CANDIDATE COUNTRY COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHLMC/MILLENNIUM CHALLENGE CORP PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 SANAA 002559 

SIPDIS

SIPDIS

PLEASE PASS TO NEA/PI FOR LAURA SCHULZ; NEA/ARP FOR STEVEN
WALKER.

E.O. 12958: DECL: 08/29/2016
TAGS: PREL PGOV PINR EAID KMCA KMPI YM
SUBJECT: UNDER YEMEN'S NEW CHIEF JUSTICE, THE PEOPLE'S
COURT IS NOW IN SESSION

REF: SANAA 2546

SANAA 00002559 001.2 OF 002


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 002559

SIPDIS

SIPDIS

PLEASE PASS TO NEA/PI FOR LAURA SCHULZ; NEA/ARP FOR STEVEN
WALKER.

E.O. 12958: DECL: 08/29/2016
TAGS: PREL PGOV PINR EAID KMCA KMPI YM
SUBJECT: UNDER YEMEN'S NEW CHIEF JUSTICE, THE PEOPLE'S
COURT IS NOW IN SESSION

REF: SANAA 2546

SANAA 00002559 001.2 OF 002


Classified By: Ambassador Thomas C. Krajeski for reasons 1.4 (b) and (d
).


1. (U) SUMMARY: Ambassador met Yemen's Chief Justice Esam
Abdul-Wahab al-Samawi for the first time on August 29, and
discovered a youthful voice for reform and moderation.
Samawi expressed the need for a clearer legal framework for
trying suspected terrorists and would-be jihadis. As the
newly appointed Head of the Supreme Judicial Council (SJC),
Samawi staked out a clear position against corruption and in
favor of judicial independence. He requested American
assistance in training young judges, and strengthening the
administration of the courts. Despite endemic problems in
Yemen's judicial system, under new leadership the courts now
offer some promise for democratic reform. END SUMMARY.

--------------
Humanism and Islamic Law Together in Yemen
--------------


2. (U) On August 29, Ambassador met Judge Samawi, Chief
Justice of Yemen's Supreme Court and Head of the SJC.
Despite his traditional appearance (which included a silver
dagger),Samawi immediately made clear his modernist views on
the law and the role of the judiciary. "Human principles
underlie both bodies of law (Islamic and Western) and this is
based on God's will," explained Samawi. "Security and freedom
are essential to man's honor, and must be protected," he
continued. Samawi stated that there was "no conflict between
modern legal practices and religion."


3. (U) "Yemen is witnessing great steps forward on democracy
and judicial independence," declared Samawi. (Reftel) At the
age of only 44, Samawi has become an integral part of these
reforms. In February, he was tappped by the President to
head the Supreme Court. In June, he was given the additional
responsibility of chairing the SJC, which was removed from

the Presidential Office and charged with overseeing a newly
independent judiciary. (Reftel) Many view Samawi's
appointment as a new era for the Court, previously perceived
as extremely conservative and subservient to the ROYG.

--------------
Courts Struggle With Terrorism
--------------


4. (C) Ambassador raised the recent decision of Judge
Mohammad al-Badani to acquit 19 suspects accused of traveling
to Iraq to fight with insurgents. To a limited extent,
Samawi seemed to defend Badani's primary contention that
Yemeni law did not explicitly forbid such actions, and
stressed the need for the ROYG to issue clear laws on the
matter. At the same time, the Chief Justice was eager to
disavow the notion that Yemeni courts would protect
terrorists. An appeals court will review the case, explained
Samawi, and Badani himself would be subject to investigation
to ensure that he followed proper procedures. "We cannot
interfere directly with the ruling," said Samawi, "as we need
to preserve judicial independence." Nevertheless, Samawi
assured Ambassador that if Badani was found negligent he
would receive "additional training."


5. (C) On the possible return of Yemeni detainees
fromGuantanamo Bay, Samawi expressed his hope that those
currently held would receive a fair trial and have a chance
to defend themselves. "It is inhuman and unfair to detain
without trial," said the Justice. The United States,
however, faced a real violation and needed to respond in
kind, continued Samawi, referring to September 11.
Ambassador and the Justice agreed on the importance of the
judiary in protecting the legal rights of all individuals.

--------------
Taking Inspiration From the United States
--------------


6. (U) The Chief Justice praised the American example in
human rights and democracy, and welcomed assistance to
Yemen's developing judicial system. Ambassador welcomed the
opportunity for cooperation, stressing the importance of an
exchange of ideas between the two countries. He suggested a
visit to the United States by Samawi and other judges, and
promised to explore the possibility of a meeting with U.S.
Supreme Court Justices.

SANAA 00002559 002.2 OF 002




7. (U) Samawi emphasized the Court's importance in combating
corruption, and requested assistance for the judicial
inspection authority. Ambassador agreed that an independent
judiciary is a necessary foundation for fighting corruption,
noting that no official in the United States is above the
law. (NOTE: Samawi has already taken action against corrupt
judges, referring 10 cases to the Attorney General. (Reftel)
END NOTE.)

--------------
Chief Justice Appeals for Outside Help
--------------


8. (U) Yemen's courts are in need of outside support, said
Samawi, especially in training judges and establishing a
modern administrative system, and went so far as to request
U.S. assistance in erecting a new building for Yemen's
Supreme Court. Samawi expressed gratitude to Ambassador for
bringing Yemeni judges for training in the United States,
particularly in the field of intellectual property rights,
and requested additional assistance for commercial courts.
Ambassador shared that he and the Minister of Justice
recently discussed the possibility of using the MEPI-funded
Commercial Law Development Program to train young judges in
commercial law.


9. (U) On the recent troubles of the American Bar
Association/Central and Eastern European Law Initiative
(ABA/CEELI),a MEPI-funded program, Samawi said the group's
reform efforts fell victim to local politics. (Reftel) He
encouraged the ABA's local representative to continue working
with a low profile, and indicated that the matter would be
resolved by the Minister of Justice at a later date. "Once
we have determined that ABA is doing strictly
non-governmental work," assured Samawi, "the Minister of
Planning will likely provide authorization. The Justice
welcomed an ABA proposal to bring members of the SJC for
training with European counterparts, but said the upcoming
elections would keep them in country for the coming months.

--------------
COMMENT: Reform Flourishes in Judiciary
--------------


10. (U) Democratic reform in Yemen is often an unpredictable
process, but it has recently found fertile ground in the
judiciary. President Saleh appears to have given the SJC and
MOJ wide latitude in defining judicial independence and
combating corruption. With young modernists heading these
offices, post now has a willing partner for cooperation on
issues including security, elections, and human rights. Post
is seeking to mobilize all available resources and expertise
to assist the courts in this critical phase. Many recent
reforms were specifically outlined in Yemen's Threshold
Proposal for the Millennium Challenge Corporation. Despite
being suspended from the program one year ago, the ROYG
advanced the plan without outside support -- a strong
indication of the Government's commitment. This is welcome
news, as an improved judiciary in Yemen is the key to
improving the investment climate, fighting corruption, and
protecting the rights of citizens.
Krajeski