Apology at al-Asadi trial
The trial of Mohammed Al-Asadi, Editor-in-Chief of the Yemen Observer, was adjourned on Wednesday for two weeks because the prosecution team had failed to adequately prepare for the trial.
Judge Mohammed Sahl adjourned the hearing in the General South-East Court in Sana’a until May 3.Al-Asadi is accused in connection with allegations of republishing insulting cartoons first printed in Denmark of the Prophet Mohammed (PBUH). The editor, who denies all charges, is charged under a press law that bans publication of anything that “prejudices the Islamic faith”.
The newspaper published two thumbnail images of the cartoons in the February 4 edition, which were obscured with a thick black cross.The defense team criticized the prosecution lawyers, pointing out that it was the fourth time the trial had been adjourned, and that they had had plenty of time since the last hearing on March 22 to prepare.
However, prosecution lawyers claimed they had been “confused” about the trial date because they had been preparing for separate a case, and asked for the hearing to be adjourned for a week. The court postponed it for two.
Defense lawyer Khalid Al-Ansi, from the National Organization for Defending Rights and Freedoms (HOOD), called for the case to be dismissed since one lawyer who had filed a case against Al-Asadi had failed to turn up.
Al-Ansi also complained to the judge that the private prosecution lawyers had failed to follow court requirements of submitting their cases documents charging the defendant.
The judge demanded the private prosecution lawyers hand in all evidence to the court.
The editor is not only facing charges from the state’s Attorney General, but also from a team of at least 14 lawyers who have filed independent suits. The suits are allowed under a clause of Yemeni law that allows individuals to take a case to court if they believe their civil rights to have been infringed.
In the March 8 hearing the lawyers – commissioned by Sheik Abdul-Majid Zindani, the Chairman of Islah Shura Council – called for Al-Asadi to be executed.
They also called for the Yemen Observer to be permanently shut down and for all the newspaper’s property and assets to be confiscated.
They recounted a story in which a lady was killed during the Prophet’s lifetime after she insulted him, and that the Prophet then praised the killer. They said that they wanted the same punishment to be applied on “those who abuse the Prophet” (PBUH).However, the prosecution lawyers apologized on Wednesday for allegations they had made at the trial’s previous hearing on March 22, asking for them to be struck out of the court record.
They had claimed that Al-Ansi, a distinguished human rights lawyer who has also defended several Yemeni detainees in the US Guantanamo Bay military prison, was funded by ‘foreign sources’.
“We would like to apologize for the accusation that the HOOD organization was taking money from international organizations abroad to defend journalists who insulted the Prophet (PBUH),” the prosecution lawyers said in a statement.
“We would like HOOD to accept the apology, and say that these accusations had nothing to do with the case.”
Al-Asadi said the repeated delays were “frustrating”.
“My lawyer told me last night that he had prepared a complete and powerful response to the accusations presented by the private lawyers, commissioned by Sheikh Abdul-Majid Al-Zindani,” Al-Asadi said.
“He was not able to defend the Yemen Observer and me again. I had hoped this hearing would be the last before the final one.
“I think the case has taken longer time that it should have taken, and it is very frustrating and discouraging.
“I hate appearing every time before the judge for only practicing my job. This delay also means the Yemen Observer will remain closed, and extra losses and damage will take place.”
The newspaper’s license to print hardcopies of the paper remains suspended, but the website continues to operate. Prosecution lawyers have also demanded Al-Asadi be permanently banned from practicing journalism.
Gamal Eid, Executive Director of the Arab Network for Human Rights Information, also observed the trial. The Cairo-based human rights observer was commissioned by IFEX, the International Freedom of Expression eXchange.
Both Human Rights Watch and Reporters Sans Frontiers have called for criminal charges to be dropped, while Amnesty International has sent representatives to the trial.
The New York-based Freedom of the Press Committee of the Overseas Press Club of America (OPC) has sent a letter to President Saleh calling for charges to be dropped. They say the trial violates Article 19 of the Universal Declaration of Human Rights.
