Armies of Liberation

There are many moves afoot within Yemen and internationally that dispute the unprecedented immunity deal for 33 years of Saleh’s crimes as well as that of his cohorts. However, the Yemeni parliament, that has been sitting since 2003, when it was elected to a four year term, was scheduled for elections in 2009 and voted itself a two year extension into 2011. I am checking but I can’t find anyone who recalls a new law being issued where they voted themselves another term extension.

(Update: the 2009 law grants a two year extension until they elect a new parliament in 2011, ambiguous language at best.

Update 2: a handy link from Yemen Parliament Watch that indicates parliament is operating outside the scope of the law: “The report indicated that the constitutional period of the parliament ended in February 2011 where the parliament had finished its six years stipulated constitution as well as the additional two years.”

Update 3: there is also a stipulation in the constitution that parliament can be extended when facing war, natural disaster or unrest, but I’m assuming that had to have been done formally, and within the scope of the term, not by some GPC mind meld.

Update 4: the amnesty was issued while Parliament was legally on vacation or in recess.)

Original post continues: A political deadlock ensued following the 2006 presidential election wherein the GPC thwarted the implementation of a proportional representation system (as opposed to a “winner takes all” single district method) and other electoral reforms, prompting the opposition JMP to boycott parliament altogether. Without the implementation of the previously agreed upon reforms, the parliament voted itself a two year extension and rescheduled elections for 2011. (In order to thwart elections in 2011, the SCER also disqualified the voter rolls en mass.) There was no new parliamentary election in 2011 and no official law passed rescheduling the election and extending their terms as far as I know. Therefore there is no legitimate Yemeni parliament, just a bunch of old men stuck to their chairs for a decade.

So where is the legal foundation of this expired parliament’s vote to give the Sanaa regime immunity? More fundamentally, the people withdrew legitimacy from the Parliament, the Sanaa regime and dysfunctional political party system through a year of mass nationwide protests.

However, while many are working on the issue of Saleh’s immunity, I am much more concerned with the implementation of the proportional representative system in order to undermine the hegemony of both the GPC and Islah who were both artificially empowered by the GCC plan. Proportional representation will allow for the growth of new parties, minority representation and probably more women in political office. It appears that the only way to get the task done is through a public referendum, as the same illegitimate GPC dominated parliament that stalled on the issue for five years will likely continue to block it.

The proportional system has a national consensus, and it has been repeatedly been endorsed by a variety of Yemeni groups from the JMP in 2005 to the tribally based National Dialog Committee in 2009 to the Yemeni Youth Revolution that took to the streets in 2011.

Had the PR system been enacted as agreed upon in 2006, allowing for authentic political growth and representative parties to compete in 2009, the revolution might not have been necessary. So its important not to allow history to repeat itself, especially with this crucial and long overdue element of the overall package of electoral reform.

There is more on the other illegalities of the unprecedented and illegal amnesty plan below from Human Rights Watch and the YCTJ:

Press Release
By The Yemeni Center for Transitional Justice Concerning the Approval of the House of Representatives of the Immunity Law

The Yemeni Center for Transitional Justice reviewed the law approved by the House of Representatives (Parliament) of the Republic of Yemen concerning the award of immunity to the President of the Regime of Ali Abdullah Saleh and his supporters. As YCTJ confirms its previous position with respect to this law, that the law lacks the minimum principles of human justice, and is openly in violation of honorable Islamic Jurisprudence, international laws, and is in breach of the international human rights conventions/agreements to which Yemen is signatory, YCTJ now also calls for the application of real true transitional justice without any selectivity, forgery or deliquescent.
(Read on …)

Yemen Post: Republican guards killed a 14-year old boy in Yemen’s Taiz province on Wednesday, where a massive demonstration was held coinciding with protests in other cities to urge the youth-led protesters to finish their revolution and to refuse external mandate or interventions.

Locals at Street 60th at the city’s entrance said republican guards fired at passengers inside a bus killing the teen and injuring others. The incident took place amid insecurity in Taiz, which saw deadly clashes between the army and armed tribesmen in the past weeks.

In other Taiz related news, Haykel Saed Corp is negotiating between the families of the protesters killed by forces under the supervision of lunatic security chief (transferred from Aden after several bloodbaths) Abdullah Qiran. There’s no resolution yet as the families are demanding a trial. Qiran was also charged with the murder of Ahmed Darwish tortured to death in Aden jail. One major outstanding protesters’ demand is the purge and reformation of the security forces.

a) Drone attacks with civilian casualties could trigger a civil war if the previously unarmed Southern Movement believes it is being arbitrarily attacked by Saleh’s forces or Mohsen’s. Vid of some aircraft bomber in South Yemen is widely assumed to be Saleh’s air force and is provoking panic at the thought of a new bombing campaign like the one that occurred in Saada. (Update: Vid likely not US, has the wrong contrail, vid recorded yesterday and supposedly hit Abyan City. Whereas US air strike was in Shabwa and days earlier.) (Local reporting on Shibuya.)

Update: CNN reports Abu al Harithy Jr. was in Shabwa and the Yemeni government is taking credit on TV.

A U.S. military official with knowledge of the Yemen campaign told CNN that U.S. military-led air operations recently resumed after a pause of some months. He also said the United States believes it likely killed al-Harithi in an airstrike in southern Yemen in recent days. But he cautioned its “very difficult” to confirm the killing.

The official said the pause was due to the fact the United States “didn’t have faith in the information available,” to conduct targeting against individuals in Yemen during that time frame. He could not say what led to the improved intelligence picture, but the Yemeni government has been absorbed with the anti-government demonstrations raging in big cities and fighting tribal forces.

The US also pledged $26 mil in humanitarian aid today.

b) The embedded links in this section lead to contemporaneous posts on the 2006 trial of the 19 member Zarchawi cell headed by Ali Abdullah Naji Al-Harithi, nicknamed Abu Ali Al-Harithi junior. This is the cell that won its appeal to reduced charges by arguing successfully that its legal under Yemeni law to commit murder abroad in the name of jihad. They admitted traveling to Iraq as well as establishing training camps in Yemen. The cell made explosive belts because John Kerry mentioned something about Yemen during a presidential candidates’ debate, but then when he didn’t win, they claimed at trial they gave the belts to the intelligence services. Al Hairthy was killed in a recent US air strike (Friday 6/3) in Yemen per the NYTimes report below.

c) Another thing I will never understand about US CT policy is why Yemen got a total pass from 2004-2007 when literally thousands of jihaddists, Yemeni and non-Yemeni, were being trained in Yemen to kill US troops in Iraq. There is an incorrect concept that there was little AQ activity in Yemen during that time frame, however Yemen was buzzing with activity, receiving and exporting jihaddists. They would leave by the plane load openly. Its reasonable to say half of US military deaths and injuries in Iraq were perpetrated by individuals who in some way were connected with the Yemeni pipe line. That’s a mind boggling statement when Bush was always whining about Syria letting them into Iraq but never once publicly about Saleh letting them out of Yemen. Overview of Yemenis in suicide ops in Iraq as well as coordination with Baathists in Yemen here. Saddams nephew never located as far as I know.

NYT: June 8, 2011
U.S. Is Intensifying a Secret Campaign of Yemen Airstrikes, By MARK MAZZETTI

WASHINGTON — The Obama administration has intensified the American covert war in Yemen, exploiting a growing power vacuum in the country to strike at militant suspects with armed drones and fighter jets, according to American officials.

The acceleration of the American campaign in recent weeks comes amid a violent conflict in Yemen that has left the government in Sana, a United States ally, struggling to cling to power. Yemeni troops that had been battling militants linked to Al Qaeda in the south have been pulled back to the capital, and American officials see the strikes as one of the few options to keep the militants from consolidating power.

On Friday, American jets killed Abu Ali al-Harithi, a midlevel Qaeda operative, and several other militant suspects in a strike in southern Yemen. According to witnesses, four civilians were also killed in the airstrike. Weeks earlier, drone aircraft fired missiles aimed at Anwar al-Awlaki, the radical American-born cleric who the United States government has tried to kill for more than a year. Mr. Awlaki survived. (Read on …)

Wow, Saleh is really scrambling to appease everybody. Shaea was kidnapped in August and arrested in September, tried and sentenced to five years for supporting al Qaeda after releasing several interviews and statements from Anwar al Awlaki. The YJS and international media advocates have been lobbying for his release. Update: Yemen Post reports he’s out.

News Yemen: President Ali Abdullah Saleh has reportedly ordered the release of imprisoned journalist and expert of terrorist groups’ affairs AbdulElah Haidar Shaye. (Read on …)

The judge said Anwar and his cousin incited the security guard, a member of the security forces, to murder the French engineer.

BBC: A Yemeni court has sentenced a man to death for killing a French contractor near the capital Sanaa last year. The court also sentenced in his absence radical US-born Yemeni Islamist cleric Anwar al-Awlaki to 10 years in jail for aiding the gunman. (Read on …)

Abdulelah was charged with an assassination plot on Saleh according to RSF, recruiting foreigners for al Qaeda and agitating for attacks with its leadership. The catch all of “armed gang” carries a ten year penalty. Yemen has staunchly defended Anwar al Awlaki as a preacher and said they have no evidence against him, yet they are charging Abdulelah with aiding Awlaki. Some reports indicate that Shaea is also charged with producing the Echo of Epics magazine for AQAP, but accusations launched in the government papers in the build up to any trial are often not the same as the charges brought by the state in court.

In the session, the prosecution accused the two defendants of belonging to an illegal armed gang and supporting the Al-Qaeda network”. According to the indictment, Shaea had attracted foreign mercenaries and urged them to join abovementioned gang to targeting strategic interests and foreign embassies in Yemen .” (Read on …)

ah, English: Yemen Observer: A Yemeni journalist was officially charged on Sunday of providing media support for Al Qaeda in the Arabian Peninsula (AQAP), lawyers said on Sunday. “The journalist Abdul Elah Haidar Shaea was accused of planning sabotage and criminal acts that threaten the security and stability of the nation, and providing media support for Al Qaeda,” said Abdul Rahman Barman, one of his lawyers, after they attended the first investigation session in the prosecution office of the State Security Court in Sana’a. Barman said the charges lack hard evidence. “It seems the charges were based on the interviews made by Shaea with the Al Qaeda leaders,” he said.
(Read on …)

Its amazing how many of the president’s orders are not followed. In this case its the four on trial for spying for Iran. But why even make the announcement of the amnesty if there was no intention of releasing all the detainees? Its good propaganda for the international and domestic audiences but all it did was raise expectations and then cause greater frustration when the amnesty was not implemented, for example the recent rioting in prisons by the political prisoners. Its funny the prosecution says the order is not legal but very little in the Yemeni judicial system is legal or constitutional.

Yemen Times:SANA’A, June 6 — The prosecution in Sana’a has objected to the president’s amnesty on four Yemeni citizens accused of supporting the Houthis and spying for Iran.

This objection came during a trial session of four defendants on Sunday morning at the Specialized Penal Court in the capital. The prosecution said that the amnesty is illegal as the defendants are still being tried and no verdict has been issued against them. (Read on …)