Les droits de l'Homme et la défense de la Défense | YEMEN

YEMENI AUTHORITIES MUST RESTORE THE FREEDOM OF LAWYER SAMI YASSIN KA’ID MARSH AND ADEQUATELY GUARANTEE HIS SAFETY

The Institute for the Rule of Law of the International Association of Lawyers (UIA-IROL) expresses its grave concern over recent acts of violence perpetrated against lawyers in Yemen and, in particular, against Sami Yassin Ka’id Marsh. It calls upon the relevant authorities in Yemen to take all necessary steps to adequately ensure that lawyers can do their work safely, freely, and independently in all circumstances.

As we have been informed, Yemeni lawyer and human rights defender, Sami Yassin Ka'id Marsh, is currently being arbitrarily detained by the authorities of the Southern Transitional Council (STC) in Yemen. He was arrested on November 16, 2023, by STC security forces in Aden as he was leaving his place of work.

Since his arrest, he has been held in inhumane conditions and subjected to torture and prolonged isolation, first in an unofficial military camp, then in Bir Ahmad prison.

According to reliable sources, Sami Yassin Ka'id Marsh’s detention is related to his legitimate activities as a lawyer investigating human rights violations in Yemen, in particular, to his defence of the journalist, Ahmad Maher.

The arrest without formal charges and the isolation and ill-treatment to which Sami Yassin Ka’id Marsh has been subject illustrate the intense repression against human rights defenders by the STC authorities in Yemen.

The UIA-IROL strongly condemns the arbitral detention of Sami Yassin Ka'id Marsh and remains attentive to all forms of intimidation to which Yemeni lawyers may be subjected. In this respect, the Institute recalls that it is the responsibility of the Yemeni authorities, under Yemen's international commitments, to ensure that lawyers are able to carry out all their professional duties without hindrance, intimidation, harassment or undue interference and are not subject to, or threatened with, prosecution and conviction for any action taken or words spoken in accordance with their recognized professional obligations and standards and their professional ethics.

Acts of violence against lawyers affect not only the directly impacted legal professionals but also undermine the crucial role all lawyers play in upholding the Rule of Law and defending human rights. This role must be adequately recognized, supported and protected, in law and in practice, in accordance with customary international law and international principles.

In this regard, the UIA-IROL recalls the UN Basic Principles on the Role of Lawyers which explicitly provide that:

“(G)overnments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (…)” (Principle 16)

”(W)here the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities” (Principle 17).

It also recalls the International Covenant on Civil and Political Rights adopted by the United Nations General Assembly on 16 December 1966 to which the Yemen is party, which reads:

“1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” (Article 9)

The UIA-IROL firmly denounces this attack on lawyer Sami Yassin Ka’id Marsh, and calls upon Yemeni authorities to release him and to take immediate and effective steps to:

PROTECT lawyers from any interference and ensure that lawyers are able to perform all their professional functions without intimidation, hindrance, harassment, interference, or fear of reprisal;

GUARANTEE lawyers’ physical and psychological integrity in all circumstances, and particularly during and immediately after exercising their professional duties; and

ENSURE that acts of violence and threats against lawyers are adequately investigated and prosecuted and perpetrators of such acts are brought to justice.

The UIA-IROL takes this opportunity to express its support for and solidarity with Yemeni lawyers who continue to fully assume and defend their core role in the defense of human rights and the Rule of Law in Yemen.