Justice for Hassan and Khaled will show if Yemen has really changed

First published in the National

In the mid 1950s, the famous Adeni poet Lutfi Jaafar Amaan wrote: "In the meadow of impossible, we will plant the happiness and hopes of a generation". Six decades later, his grandson would be shot dead in a killing that diminishes what little hope remains for his generation.

On May 15 this year, Amaan's grandson, Hassan, 20, and his friend Khaled, 21, were shot in cold blood as they attempted to pass a wedding procession.

It is customary to allow a procession to pass without interruption. The young men's innocent defiance of this custom cost them their lives because the procession they passed was linked to a powerful political and tribal figure.

For years, powerful men ­ be they businessmen, politicians, or tribesmen ­robbed citizens of their right to justice and cost thousands their lives. The former president, Ali Abdullah Saleh, allowed influential corrupt men to do as they please with no accountability.

Numerous stories and personal experiences of injustices at the hands of people linked to the government prompted many to participate in the 2011 uprising, demanding justice and the rule of law.

While tribal law provided order and security for communities outside the government eye for hundreds of years, some powerful and corrupt individuals had been given a green light by the government to do as they please.

Many young revolutionaries dreamed of a new Yemen where the law is upheld and all citizens would be treated equally. Hope was placed in the hands of the national unity government and the National Dialogue Conference (NDC).

Yet, for many the case of Hassan and Khaled crushed their faith in the transitional process. "They call this the new Yemen. How is it new when everything is the same?" said Ali, a taxi driver and education ministry employee.

"Corruption is still there, except instead of only one group of people stealing, now you have many."

The person who is accused of killing Hassan and Khaled was identified as a nephew of Sheikh Ali Abd rabbou Al Awadhi, a powerful tribal sheikh, an NDC delegate and high­ranking member of the Islamist Islah party.

This case has been widely publicised. To many, this case resembles the fate of Yemen.

As writer Salah Al Dakkak put it: "It is not simply an act against a citizen, it is an act against citizenship."

Most importantly, it has become the test for the performance of the transitional government.

Three months after Hassan and Khaled died, their killer has not been arrested and a file for the case has not even been officially opened in the Ministry of Interior.

Every day that passes without justice for Hassan and Khaled is a day where the NDC loses its credibility in the eyes of the people.

Sheikh Al Awadhi remains a member of the NDC. At a time when revolutionaries hoped for a complete change in the system and a break from the past's legacy of mass violations, this case has not only enshrined impunity in national law, but also in the psyche of Yemeni citizens.

"Some are demanding my arrest, as if I am the killer, while those who engaged in mass murder enjoy freedom and immunity," said

Sheikh Al Awadhi in a statement he released to media. The immunity law he is referring to was stipulated in the Gulf Cooperation Council's (GCC) transfer of power deal in return for Mr. Saleh's resignation, protecting him and his aides from prosecution for "political crimes" during his rule.

The GCC agreement also requires steps on transitional justice and "measures to ensure that violations of human rights and humanitarian law do not occur in the future". A law on Transitional Justice (TJ) and National Reconciliation has been under discussion since February last year but the cabinet failed to reach consensus on it and the law is currently with President Abd Rabbu Mansour Hadi awaiting approval.

The draft law provides for truth commissions to determine reparations, ranging from material compensation to apologies and memorials. It would also have the authority to compel testimony or the release of documents, and would publish draft reports inviting comments from civil society organisations and the public at large.

These are positive steps that provide some hope but major concerns remain. Will President Hadi and members of the current government, who were part of the old regime, allow for the commission to investigate crimes that occurred while they were officials in the previous government?

According to the lawyer Haykal Bafana: "Transitional Justice is the mirror image of the immunity clause. What the TJ bill requires is an explicit acceptance by the victims of the immunity law that was approved by Yemen's parliament last year."

In effect, victims can seek justice through the TJ law but it will still be subservient to the immunity law and the GCC deal.

Another major question is that of implementation. Too often in countries where the rule of law is ignored, legislation provides decent protection for citizens, but implementation is lacking. Many fear that the transitional justice law will remain ink on paper, never to be implemented.

Despite these negative trends, local community­based initiatives are on the rise. "No one is above the law" flyers that have decorated many cars in major cities around the country. Letters have been delivered to officials through street protests demanding justice for Hassan and Khaled.

The two men's families are vowing to pursue real justice ­ but to do so with words as weapons rather than responding with arms for arms or blood for blood.

Updated: No one should be above the law!

On Wednesday May 15, twenty-two year old Khalid Al-Khateeb flew from Aden to Sana'a for an interview hoping for a potential scholarship to study in Germany*.  That night,  he and his  20-year old friend Hassan Aman went out. Little did they know that this car ride would be their last.

Around 10 pm., while they were in the car, they came across a wedding procession on 50 street in Beit Boss area.  Then, according to their families, as they were trying to bypass the procession - and here details are still fuzzy - armed men got out of a car and shot them in front of police cars who were there to "protect" the wedding procession. 


The car and the armed men are reportedly linked to Al-Awadhi tribe, and more precisely to its Sheikh Ali Abd Rabo Al-Awadhi, a National Dialogue participant in the southern issue working group.  

The criminal investigation has gathered evidence and forensic reports have been conducted but not published yet, and details are still yet to be revealed.  The ministry of interior announced the plate number of the car, and stated that the motives of the killing is not yet clear and that they are still searching for the killers.

As this cartoon illustrates**, for many Yemenis, the motive is clear: those with weapons flexing their muscles and taking advantage of their power.  

Man says "There is nothing here sir, they are just some youth that the Sheikh killed... no no thank God, the Sheikh is ok"

This brutal show of force with disregard for humanity and no care for potential consequences has shocked the capital, and of course the family.   Since she heard the news, Hassan's mother has lost the ability to speak.

 The case is slowly becoming a national issue and shaping public opinion on the matter. This might be partially due to the fact that Hassan Aman is the grandson of the famous poet Lutfi Jafar Aman, but more importantly because various groups have together taken this issue as a priority.  


Today, majority of participants at the National Dialogue Conference froze their membership demanding the arrest and investigation of perpetrators.  In addition, a protest was also held in front of Parliament demanding justice.  Another protest is scheduled to take place on Monday.

Poster at rally demanding justice reads "We demand arrest of the murders of Hassan Aman and Khalid Al-Khateeb"

Online campaigns have also been dedicated to this issue.  R.I.P Hassan Aman & Khalid Al-Khateeb page has been setup to draw attention to this case.  

This case of course is unfortunately not the first of its kind.  Just a year ago, the body guard of the Prime Minister's daughter killed a guard at the English language institute Exceed.  This video taken by the Institute's camera shows the incident.   

According to local media, the Prime Minister ordered the surrender of the body guard and the case was handled by ministry of interior.  Since then, there has been conflicting information about what happened afterwards with the case.

There are hundreds of other stories throughout the country that do not make it to the the media, mainstream or alternative.  Not only about murder, but also illegal detention, land grabbing, and forced marriages.  These highlight the brutality of corruption and power in the absence of accountability and rule of law.

The issue should not be looked at as simply a problem with the "tribal" structure, because there are positives and negatives when it comes to the tribal structure.  For example, through tribal law, tribes have for a long time provided stability and security in areas far removed from governing structures.  

The main issue here is the ease at which corrupt powerful men, tribesman or others, can kill and steal, and get away with it. No one should be above the law, not a powerful tribesman, nor a rich businessman, nor a government official.  Sooner or later justice will prevail.
 
"We will not respond arms for arms, or blood for blood ...our weapon is the power of words" said Mohammed Aman on Facebook in response to the murder of his cousin.  

So lets spread his words by demanding Justice and equality, after all isn't that what the revolution and the calls for a civic state were all about?

campaign poster says "Stay silent today...tomorrow you will be the victim" - photos of the two martyrs Hassan and Khalid

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* This post has been updated, earlier I wrote that he flew from Aden to Sanaa in order to fly to Germany, but it was revealed that he had an interview that day for a potential scholarship to  Germany.

** Cartoon was added two hours after initial post.