Beirut, 24 February, 2012 — The Gulf Centre for Human Rights (GCHR) is deeply concerned by the attack on freedom of expression in Yemen.  It is particularly concerned regarding the situation of prominent activist and novelist Bushra Al-Maqtari and detained journalist Abdel-Elah Haidar.

Bushra Al-Maqtari is a prominent Yemeni female activist and writer in Ta’az, a city south of the capital Sanaa. She has been subjected to an ongoing campaign of harassment and intimidation since a Fatwa was issued by extremist groups against her and other writers named as “The Olama’s Fatwa on abuse the Islam and Allah”, in which the writers were accused of “abusing Islam” and of “apostasy”.  As part of the campaign against her the groups have organized gatherings at mosques and religious institutions as well as a march to her home.  The campaign of intimidation and harassment is also being conducted on-line, with comments on social media sites such as Facebook encouraging threats against her and calling for the revocation of her Yemen nationality.

The Fatwa selected certain sentences from an article, which she had written, misquoting her and taking sentences out of context. This unjust portrayal and misrepresentation of her writings has been used to stir up hatred against her and to call for physical and psychological attacks against her. The GCHR regards the issuing of the Fatwa against Bushra Al-Maqtari as a blatant attempt to silence her and to stigmatize her work.

The Fatwa against the writers comes in the context of on-going repression against those who exercise their right to freedom of expression in Yemen. Journalist, Abdel-Elah Haidar, whose work focused on Islamic groups and terrorism, has been in detention since 16 August 2010, when National Security Agency forces raided his home and arrested him. Following his arrest, he was kept incommunicado in an undisclosed location for thirty days. It later came to light that he had been detained during this period in the basement of the National Security Services building. He was later transferred to the Political Security Prison ‘Intelligence’.  He was accused of having associations with the terrorist group “Al Qaeda”.

On 19 September 2010, the trial of journalist Abdel-Elah Haidar commenced in the Special Criminal Court, known as the “ State Security Court”, which was established by presidential decree and is an extra ordinary court, which denies defendants the safeguards of fair trial procedures. The Secretary General of the Journalists Syndicate Marwan Damaj and lawyers from the Foundation Alao (Abdul Rahman Berman and Khalid Al-Maori) were present at the trial of the journalist. The prosecution argued that over three years he had participated in an armed illegal gang and was working for Al-Qaeda. The prosecution stated that he had given the terrorists media support and published false statements through numerous media outlets in order to promote Al-Qaeda. The journalist Abdel-Elah Haidar strongly denied these charges and viewed them as an attempt to stigmatize his work and to silence him. He was sentenced to imprisonment for five years and prevented him from leaving Sana’a and placed on probation for a further two years.

During the trial Abdel-Elah Haidar claimed that he had been hit with the butts of guns while in detention resulting in serious injuries to his chest, bruises on his body and the loss of a tooth. During his detention he had also been imprisoned in a dirty toilet for five days. Throughout the trial he was denied his right to a fair trial and he was convicted despite the lack of substantive evidence justifying the charges brought against him.

In February 2011, by way of a presidential pardon as part of concessions to protestors, Abdel-Elah Haidar was due to be released. However, according to information received, US President Barack Obama expressed concern over the imminent release of the journalist and as a result he was not released from prison and remains in detention.

On 14 February 2012, Abdel-Elah Haidar started a hunger strike in protest against his detention on fabricated charges and to demand of his release. GCHR expresses grave concern for the physical and psychological integrity of Abel-Elah Haidar particularly given the commencement of his hunger strike. GCHR expresses grave concern that the trial of Abel-Elah Haidar did not respect international fair trial procedures and that he was subjected to ill treatment while in detention.

“Yemeni authorities must respect freedom of expression and protect journalists and writers,” said Nabeel Rajab, Director of the Gulf Centre for Human Rights, he added, “The Yemeni government must fulfill their international obligations and end its continuing violations of human rights”

GCHR believes that the Fatwa issued against Bushra Al-Maqtari, the on-going campaign of intimidation and harassment against her and the arrest and detention of Abdel-Elah Haidar are solely related to the peaceful and legitimate exercise of their right to freedom of expression.

GCHR urges the authorities in Yemen to:

1. Immediately and unconditionally release Abdel-Elah Haidar and drop all charges against him as GCHR believes that they are solely motivated by the exercise of his right to freedom of expression;
2. Ensure that the campaign of harassment and intimidation of Bushra Al-Maqtari is immediately brought to an end;
3. Take all necessary measures to guarantee the physical and psychological integrity and security of Bushra Al-Maqtari and Abdel-Elah Haidar;
4. Guarantee in all circumstances that all human rights defenders, writers and journalists in Yemen are free to carry out their legitimate human rights activities  and to exercise their right to freedom of expression without fear of reprisals and free of all restrictions including judicial harassment.

GCHR respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognizes the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw your attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters“, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”