HOOD statement on the illegal detention of Tawakul Karman

Mrs. Tawkul Karman, the leading Yemeni journalist and human rights activist, was arrested today morning at her house by the security forces and led to an unknown place.

HOOD condemns this barbaric and criminal action against Mrs. Karman and therefore it presents the facts before the public opinion to show clearly the illegality of her arrest: According to article (64) of the Criminal Procedure Code, ”the Court and the General Prosecution may issue, each of them according to the conditions and as per the authorities bestowed upon them, an order for attendance [“Summons”] to anyone, if this is necessary for the investigation or questioning”. Article (175) further stipulates that: “If the suspect does not attend after being summoned to do so without any acceptable excuse, or if his escape is feared, or if he does not have a place of residence which is known, or if the crime in question is a witnessed crime, the Investigator may issue a warrant for the arrest of the suspect and to fetch the suspect in, even if the event may be one in which his provisional arrest is not allowed.”

It is clear that Mrs. Karman was not summoned according to the due procedures stated in articles (65,66,67) of the Criminal Procedure Code.

Moreover, the detention conditions, which is stated in article (175)

is not implemented. Mrs. Karman has a definite address, there is no

fear to escape yet she was not summoned.

HOOD reiterates that the arrest of Mrs. Karman is because of her peaceful practice of one of her constitutional genuine rights which is freedom of peaceful assembly and freedom of Expression embodied in article (42) of the Yemeni constitution as the following: “Every citizen has the right to participate in the political, economic, social and cultural life of the country. The state shall guarantee freedom of thought and expression of opinion in speech, writing and photography within the limits of the law.”

HOOD maintains that confiscating the right to speech is a flagrant violation of the constitution which is deemed the social contract between the State and the people and the source of power of the authority. In addition to that, it is a violation of the Yemeni obligations to adhere to the International conventions and covenants from where Yemeni acquires the international legality such as the Universal Declaration of Human Rights and the UN Charter which was signed and ratified by Yemen. These ratified conventions were binding on the Yemeni government which mush show respect and practice in order to maintain peace and security for the public.

HOOD urges the Yemeni government to stop using the security forces to clear up political scores and confiscate the civil rights of the Yemeni citizens.

Meanwhile, HOOD calls upon the civil society organizations and all authorities concerned with the Yemeni situation to pressure on the Yemeni Authority.

HOOD

23-1-2011