"The applicant is entitled to appeal the Registrar's decision before the High Court of Justice within a period not exceeding one month as from the date of the Registrar's decision."

References: Yemeni Constitution, Article 153 (e)

Law for Judicial Litigation and Civil Execution No. 40, 2002, 2) Articles 275 279, [ LINK ]" target="_blank">[ LINK ]

Penal Procedures Law, Articles 417, 421, http://moj-yemen.net/PDF/Part1/13.pdf

"The judiciary, especially at the lower levels, is susceptible to pressure and influence from the executive branch

Journalists were tried and sentenced for writing articles critical of the president or reporting on issues sensitive to the regime. On April 14, a prominent journalist was arrested for writing a report about an alleged assassination attempt on the president's son and was sentenced to a fine and a six-month work ban. On May 17, three journalists received prison sentences from three to five months, although the sentences were held in abeyance pending appeals. There was no further action on the appeal at year's end.

On May 29, the trial began of 15 suspects accused of Al-Qa'ida connections and involvement in five terrorist incidents, including a plot to assassinate a foreign ambassador and attack foreign embassies. Defendants claimed that they were not allowed full access to the prosecution's evidence. Observers concluded that the trial was conducted according to the law and was generally fair. Sentences ranged from death in one case to five to ten years for others. The Appeals Court heard arguments of all the defendants in the case, but no decisions were rendered by year's end.

On June 2, the government closed the Al-Shmuu newspaper for three months, and imposed a fine of 50,000 rials (US$270) for publishing a list of banks that owed money to the Central Bank. The editor received a one-year prison sentence, held in abeyance pending appeal. There was no further action on the appeal at year's end.

On July 7, the government opened its case against six suspects in the 2000 bombing of the USS Cole in Aden. Despite defense claims to the contrary, observers evaluated the conduct of the trial as generally fair. At year's end, defendants in the case had submitted their cases to the Appeals Court, which did not render a decision.

On September 5, the Government closed the As-Shura newspaper for six months. The editor, Abdulkarim Al-Khaiwani, received a one-year prison sentence for publishing articles critical of the president's handling of the Al-Houthi rebellion, succession and other criticisms of the government. Despite repeated calls by several local parties, syndicates, nongovernmental organizations and international groups, the government refused to release Al-Khaiwani. Furthermore, the government summoned and questioned seven other writers from the paper. They were informed that they were also subject to possible prosecution. There was no appeal action by year's end.

"We can see how the executive even gets involved in the appeals process, which is a factor in the time needed for it to work, even if improperly".

This interference of the executive even in the appeals process is clearly confirmed by the following: "Yemeni authorities prevented any of Al-Khiwanis appeals of reaching the Appeals Court, and he spent seven months in prison."

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The appeals process entails formidable costs. It is not known how many cases are pending or have not been appealed because inability to bear the burdens of appeal. The researcher is aware of a case where an erroneously convicted person has been seeking repeal of his conviction and reinstatement of his rights from his employer for more than 10 years. The cost incurred in this case has indeed been exorbitant.

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Peer Review Comments: It is only in some cases that the appeal mechanism is not an affordable option to middle-class citizens.

"In addition to regular courts, a system of tribal adjudication exists for some noncriminal issues, although the tribal "judges" often hear criminal cases as well."

With so much involvement of outside authorities, adherence to written law is surely compromised.

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References: Yemeni Constitution, Article 149

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Articles 151-153 guarantee that judges will not be subject to any action without due cause and only then by due process within the judiciary's own internal procedures. Judges are protected as long as they do not go against the wishes of the Executive Branch. Some judges important to the regime are heavily guarded.

References: Constitution of the Republic, Article 15

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References: Law of Litigation and Prosecution No.40, 2002, Articles 10-21, [ LINK ]

References: Constitution of the Republic, Article 151

Judiciary Law

The researcher considerd this a qualified yes, while noting that the looming threat of death or injury is effective.

References: Various media challenges, including Yemen Times, Yemen Post, Al-Wasat

The researcher considerd this a qualified yes, while noting that the looming threat of death or injury is effective.

References: Various media reports

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Peer Review Comments: These are not regular cases and might not represent a trend.

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Peer Review Comments: Generally, women have access to the courts.

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Law of Litigation

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Law of the Judiicary

The Republic of Yemen, with a population of about 22,230,531, lacks a traditional middle class structure and is instead characterized by a small percentage of upper class, wealthy citizens and a large percentage of poor citizens.

Specialists attached to hospitals, like Dr. Amat and her physician husband, make US$300 to US$600 a month. Dr. Amats afternoon work seeing patients in the clinic supplements this. Working six days a week, she might make over US$800 a month in private practice. She is the primary breadwinner in her family; her husband doesnt like private practice and, like most Yemeni men, spends his afternoons chewing the mild stimulant qat. Maintaining a middle-class lifestyle is estimated to cost US$1,000.

This underscores the sad plight of the middle class and reflects the low value of human resources, as highly professional people in a more equitable society with better income distribution would be far better off.

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Peer Review Comments: Perhaps all middle-class citizens can afford to bring a legal suit, as it is not costly. In most cases, courts are full of cases that belong to middle-class citizens.

Generally speaking, there are very few disputes within the commercial sector, as members of the private sector tends to avoid getting into confrontations.

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"In rural areas, Yemenis frequently rely on traditional tribal forms of justice" because of the absence of nearby courts. Rule of law in rural areas can be exceptionally weak, as justice is often dispatched through revenge killings in a cycle of violence difficult to break. Almost all rural court cases are settled out of court with a tribal mediator.

"State justice and policing agencies are weakly institutionalized and service delivery is not very effective. Poor service delivery has significant negative impacts on poor and vulnerable groups, such as women, who, due to their limited mobility, influence and financial resources, have limited access to formal systems of justice and security."

"Strengthen Yemen's judicial system by assisting in the development of an independent and efficient judiciary, particularly in rural areas ..."

Access is also impeded by the government itself: "They were denied access to lawyers and had no recourse in the courts to challenge the legality of their detention."

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Peer Review Comments: There are courts in Yemen's 21 Governorates. Not every village is provided with a court, though.