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SINCE THE UNIFICATION OF NORTH AND SOUTH YEMEN
IN 1990, the Yemeni press has become exceptionally free by Arabian peninsula
standards. But in the past six years, authorities have aggressively moved
to narrow existing press freedoms via criminal prosecutions, censorship,
and intimidation. Taken together, these actions have helped foster an increasing
climate of self-censorship in the independent press.
The country's Press and Publications Law, along with articles of the Penal
Code, gives the government broad powers to prosecute journalists for a host
of vaguely defined offenses. For example, the law prohibits reporting or
commentary that "prejudices the Islamic faith" or "jeopardizes the supreme
interests of the state," or which might cause "tribal, sectarian, racial,
regional, or ancestral discrimination or which might spread a spirit of
dissent and division." It also bars any criticism of the president. Violators
face imprisonment or fines, and authorities are empowered to seize newspapers
that break the law.
In February, a Sanaa court imposed a 30-day suspension on the opposition
weekly Al-Wahdawi and permanently banned one of its journalists,
Jamal Amer, from practicing his profession in Yemen. Amer had been convicted
of harming public interests, offending King Fahd of Saudi Arabia, and damaging
relations between Saudi Arabia and Yemen in a column about alleged power
struggles within the Saudi royal family. Both sentences were later suspended
pending appeal.
In May, Hisham Basharaheel, editor of the independent Aden weekly Al-Ayyam,
was charged along with reporter Hassan Ben Hassainoun with instigating "sectarian
feuds" and "the spirit of separatism" in an article on the neglect of historical
sites in Yemen. Both journalists faced up to two years in prison in a case
that was still pending at year's end. A few days later, the same court charged
Basharaheel with publishing false information, "instigating the use of force
and terrorism," and "insulting public institutions" in an interview with
the London-based Muslim cleric Abu Hamza al-Masri. In the interview, al-Masri
denounced a Yemeni court that had recently convicted his son Muhammad of
terrorism. Basharaheel faced additional prison time if convicted.
Under pressure from local Islamist leaders, the government brought charges
against Samir al-Yusufi, editor of the weekly Al-Thaqafiya, after
the paper serialized an allegedly blasphemous novel. In July, al-Yusufi
went on trial for apostasy-a crime punishable by death. The case was still
open at year's end, but the authorities seemed reluctant to push ahead with
the controversial trial.
In May, an appeals court upheld a sentence of 80 lashes against journalist
Abdel Jaber Saad, formerly with the weekly Al-Shoura. In 1997, Saad
was convicted of libeling a leading politician of the Islamist Islah party.
It was unclear whether the punishments would be carried out. However, officials
did allow Al-Shoura to resume publishing in August. (The Ministry
of Information had banned the paper in September 1999, just before the September
23 presidential election.)
As in past years, journalists complained of intimidation and physical abuse
by security agents. And in a country with one of the lowest literacy rates
in the region, broadcasting remained under strict state control.
FEBRUARY 22
Jamal Amer, Al-Wahdawi
LEGAL ACTION, CENSORED
Al-Wahdawi
LEGAL ACTION, CENSORED
A Sanaa court imposed a 30-day suspension on the opposition weekly Al-Wahdawi
and permanently banned Amer, a contributor to the newspaper, from practicing
journalism in Yemen. Amer was accused of harming public interests, damaging
relations between Saudi Arabia and Yemen, and offending King Fahd of Saudi
Arabia.
The charges stemmed from an August 10, 1999 piece by Amer, titled "The
King's Evacuation Complicates the Yemeni-Saudi Crisis." In the article,
Amer analyzed alleged power struggles within the Saudi royal family during
the summer of 1999, around the time when King Fahd embarked on an extended
vacation to Spain, reportedly for health reasons. The author argued that
such infighting could have a negative effect on an ongoing Yemeni-Saudi
border dispute.
On August 12,1999, two days after the article appeared, Yemeni police
detained Amer at his home in the city of Ib. He was taken to the Prosecutor
General's office, questioned, and then transferred to a detention center
for further interrogation. Amer was released after six days.
The court also fined Amer 5000 rials (US$30). All sentences were suspended
pending the outcome of an appeal, which had not been decided at year's
end.
CPJ protested the sentences in a February 24 letter to Yemeni president
Ali Abdullah Saleh.
MAY 10
Hisham Basharaheel, Al-Ayyam
LEGAL ACTION
The Seera Court of First Instance charged Basharaheel, editor and publisher
of the thrice-weekly Aden-based newspaper Al-Ayyam, with a number
of offenses, including "publishing false information," "instigating the
use of force and terrorism," and "insulting public institutions." The
accusations were based on an interview with the London-based Muslim cleric
Abu Hamza al-Masri that was published in Al-Ayyam on August 11,
1999. In the interview, al-Masri denounced a Yemeni court's recent conviction
of his son Muhammad on terrorism charges. Al-Masri also criticized the
ongoing trial of alleged members of the Aden-Abyan Islamic Army, a shadowy
Islamist group accused of kidnapping and murdering foreign tourists in
Yemen.
The case was pending at year's end. If convicted, Basharaheel faces up
to three years' imprisonment and fines of up to 4000 rials (US$26). The
state prosecutor also requested the indefinite closure of the Al-Ayyam
Printing House, which prints Al-Ayyam. This move would effectively
shut down the newspaper.
MAY 15
Hisham Basharaheel, Al-Ayyam
LEGAL ACTION
Hassan Ben Hassainoun, Al-Ayyam
LEGAL ACTION
Basharaheel, editor of the thrice-weekly Aden-based newspaper Al-Ayyam,
was charged in the Seera Court of First Instance, along with reporter
Hassainoun, with instigating "sectarian feuds" and "the spirit of separatism."
The charges stemmed in part from a February 7 article by Hassainoun, titled
"The Properties of Religious Sects and Social Peace." The article criticized
Yemeni authorities for neglecting to preserve historical sites in the
country. Hassainoun specifically took the government to task for demolishing
a 19th-century synagogue in Aden.
Yemeni authorities summoned Basharaheel for questioning in March, but
did not charge him at that time. The case was pending at year's end. If
convicted, both journalists face up to two years in prison.
MAY 24
Khaled Hammadi, Al-Quds al-Arabi
ATTACKED
Hammadi, a reporter for the London-based Arabic daily Al-Quds al-Arabi,
was attacked and detained by Yemeni security authorities while covering
a student protest in Sanaa. The students were protesting against an accused
killer named Muhammad Omar, a Sudanese national and former morgue worker
at Sanaa University, who had been implicated in the serial murder of several
women.
According to Hammadi, security officers attacked him as he tried to photograph
the demonstrators. Other security agents intervened, telling Hammadi he
needed permission from security headquarters in order to photograph. Even
though the required clearance arrived some thirty minutes later, Hammadi
was again attacked when he tried to photograph. This time the officers
seized his camera and confiscated the film (the camera was later returned).
As Hammadi was leaving the scene of the demonstration, several officers
attacked him yet again as he tried to enter his car. Hammadi was then
taken to security headquarters and held for about an hour before being
released.
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