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VIA FAX: 202-337-2017
 

Your Excellency:

The Committee to Protect Journalists (CPJ) is writing to strongly protest the
prosecution of Hisham Basharaheel, the editor in chief and publisher of the
independent thrice-weekly newspaper Al-Ayyam.

In a hearing this morning (May 10) at the Seera Court of First Instance,
Basharaheel was charged with a multitude of offenses including publishing
"false information," "instigating the use of force and terrorism," and
"insulting public institutions." The accusations are based on an interview
with the London-based Muslim cleric Abu Hamza al-Masri which was published in
Al-Ayyam on August 11, 1999. In the interview, al-Masri criticized the trial
of his son Muhammad, who had recently been convicted of terrorism by a Yemeni
court. Al-Masri also criticized the trial of alleged members of the
Aden-Abyan Islamic Army, a shadowy Islamist group that was accused of
kidnapping and murdering foreign tourists in Yemen.

If convicted, Basharaheel faces up to three years imprisonment and fines
reaching 4,000 rials (US$26). The state prosecutor has also requested the
indefinite closure of the Al-Ayyam Printing House which prints Al-Ayyam, a
move that would effectively shut down the newspaper.

Moreover, a conviction against the journalist could potentially trigger the
enforcement of a separate six-month suspended prison sentence previously
handed down against Basharaheel on August 4, 1999. In that case, Basharaheel
was convicted of "instigating national feuds," "instigating the spirit of
separatism," and "harming national unity," among other charges, in connection
with an article written by contributor Ali Haitham Ghareeb and published in
the February 27, 1999 edition of Al-Ayyam. The article, titled "Let's Talk
about Unity from the Social Perspective," criticized the fact that southern
provinces are governed mainly by politicians from the north of the country.

Basharaheel's trial is adjourned until May 31.

Despite positive statements in support of press freedom made by Prime
Minister Abdel Karim al-Iryani last July to CPJ vice chairman Terry Anderson
in Sanaa, Yemeni authorities continue to restrict the work of Yemeni
journalists in violation of international press freedom standards. In their
meeting, Prime Minister al-Iryani told Anderson that harassment and threats
against journalists are "abhorrent to our laws and ideals" and should be
condemned. He added that the Yemeni government was "committed to freedom of
the press," and that it is "ready to listen to any report of a violation and
ready to take action." Regrettably, since that meeting, Yemeni courts have
continued to punish independent and opposition journalists through
prosecutions and acts of censorship which flout the most fundamental
principles of a free press.

CPJ respectfully urges Your Excellency to examine all possible legal options
to ensure that the charges against Hisham Basharaheel are dropped immediately
and that Al-Ayyam is able to publish without future interference from
authorities. We also reiterate our call to the Yemeni government to initiate
meaningful legislative reforms aimed at halting the prosecution of
journalists in response to their professional work.

Thank you for your attention to this important matter. We look forward to
your comments.
 

Sincerely,

Ann K. Cooper
Executive Director
 

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Join CPJ in protesting attacks on the press in YEMEN

Send a letter to:

His Excellency President Ali Abdullah Saleh
c/o His Excellency Ambassador Abdul Wahab al-Hajjri
Embassy of the Republic of Yemen
2600 Virginia Avenue, N.W.
Washington, DC 20037

VIA FAX: 202-337-2017

New York, May 15, 2000 --- The editor of a leading Yemeni newspaper has been
charged for the second time in a week with violating tough criminal laws that
are often used to punish free expression, the Committee to Protect
Journalists (CPJ) has learned. Hisham Basharaheel, editor of the
thrice-weekly, Aden-based Al-Ayyam, was charged today in the Seera Court of
First Instance, along with reporter Hassan Ben Hassainoun, with instigating
"sectarian feuds," and "the spirit of separatism."

The charges stem in part from a February 7 article by Hassainoun, titled "The
Properties of Religious Sects and Social Peace." The article criticized
authorities for their neglect and demolition of historical sites in Yemen.
Specifically, it attacked the government for demolishing a 19th century
synagogue in Aden.

Yemeni authorities summoned Basharaheel for questioning in March, but did not
charge him at that time. Today's charges carry a penalty of up to two years
in prison.

On May 10, the same court charged Basharaheel with a multitude of offenses
including publishing "false information," "instigating the use of force and
terrorism," and "insulting public institutions" because he published an
interview with the London-based Muslim cleric Abu Hamza al-Masri on August
11, 1999. In the interview, al-Masri attacked the Yemeni court that had
recently convicted his son Muhammad of terrorism. [Click here to read the
interview in English.]  [Click here to read interview in Arabic. PDF format
requires Acrobat Reader].

The charges brought on May 10 carry a penalty of up to three years
imprisonment. The state prosecutor also requested the indefinite closure of
the Al-Ayyam Printing House, which would effectively shut down the newspaper.

"These prosecutions can only be viewed as a flagrant attempt to silence and
intimidate journalists in violation of international press freedom
standards," said CPJ's Executive Director Ann K. Cooper. "It's time for the
government to back up its rhetoric about respect for press freedom with
concrete action to halt this judicial harassment."

Both cases have been adjourned until May 31.
 

END
 
 

Al-Ayyam is the first and only Yemeni newspaper to interview Abu Hamza
Al-Masri.
"I Paid A lot of Taxes to the 'Non-Believers' and Now I Reap the Benefits"
[Published in Al-Ayyam, August 11, 1999]
 
 

[CPJ Editor's Note: This translation has been edited for style].

Aden, Al-Ayyam, special:

On Tuesday afternoon, our colleague Hisham Basharaheel, editor in chief of
Al-Ayyam, talked by phone with Sheikh Mustafa Kamel (Abu Hamza al-Masri ) the
head of [the Islamist organization]"Supporters of Sharia'" at his residence
in London, England to ask about his reaction to the verdict issued by the
Tawahy Court of First Instance against ten accused individuals, including
Al-Masri's son, Muhammad Mustafa Kamel. Here follows the text of the
telephone conversation.

Al-Ayyam: Peace be upon you. My name is Hisham Basharaheel, chief editor of
the independent Al-Ayyam , the most widely circulated paper in Yemen .

Al Masri: Yes, Abu Al Hamza with you. May God bless you.

Al-Ayyam: Brother, we want to hear your opinion on the verdict issued by the
court.

Al Masri: My opinion may not be appreciated when published and I don't know
whether you have freedom of expression in your country or ...

Al-Ayyam: Speak freely.

Al-Masri: I only want to tell you that the way the verdict was issued was not
Islamic and was not humane. It was not Islamic because it was based on
secular laws and it was not humane because it came as a result of torture and
duress. The accused was regarded as guilty until proven innocent and it was
decided not to establish his innocence.

The main point is that the whole world witnessed the president saying, before
the start of the trial, that they are guilty. It was arbitrary and
prejudicial.

Al-Ayyam: But..Mr. Abu Hamza, people throughout the world saw you inciting to
kill innocent people in Yemen

Al-Masri: I have never incited to kill innocent people in Yemen. Never!

Al-Ayyam: I myself saw you on a program on Al-Jazeera TV calling on people in
Yemen to kill foreigners.

Al-Masri: The word I used was not foreigners, I talk about non-believers.
Some of the foreigners there are Muslims. I speak of non-believers.
Non-believers are innocent in the Islamic faith. Either they become Moslems
or they pay "Jezya" [a tax paid by non-Muslims living under Islamic rule] or
they could enter into a peaceful agreement in a country that follows
"Sharia'" [Islamic law]. Otherwise their blood and wealth are not to be
protected.

Al-Ayyam: But don't you think that this is something to be dealt with by
Yemenis within Yemen?

Al-Masri: I did not instigate Yemenis to do that, but....

(Al-Ayyam asks one more time)

Al-Ayyam: I mean this is something that should come from Yemenis from within
Yemen, don't you think so?

Al-Masri: Comes from Yemenis, you mean they should do it.

Al-Ayyam: No, shouldn't this call, if required, come from within Yemen?

Al-Masri: That is the way it should be. We never interfered from outside in
any way. When these men went to Yemen, they did not act upon my orders but
out of determination that Yemen is a place where they could go to, and live
there like many others before them. I encourage people to go to Yemen since
it is a conservative country in a remote place away from strife. Since the
country is poor one can live and maintain a family with little money and a
few basic necessities.

Al-Ayyam: But brother, they did not come to Yemen for that purpose. The
Yemeni authorities accused them of coming to Yemen for other objectives, and
the court also affirmed that.

Abu Hamza: But they forced people to confess...They forced someone to admit
crimes he didn't commit only to fill the gaps in his testimony.

People will admit anything under torture. If you subject me to torture I
would admit even to killing the pharaoh, because man was created like that by
God. God almighty forgives even blasphemy if uttered under duress...

The Yemeni government was in this case the prosecution, the judge and
executioner.

Al-Ayyam: Why did you choose Yemen for your "fatwa"?

Al-Masri: I have never chosen Yemen for my "fatwa". On the contrary, this is
a general "fatwa". Before Yemen I was involved in Algeria and Egypt, but I
have found that it difficult to promote reform from within many of these
countries because they need invasions once again. They do not contain the
elements for reform due to pervasive corruption among the people who act
against the policy of Islam...

Al-Ayyam: You mean the Islamic invasion that starts from London.

Al-Masri: No, I did not say that. I said it should start from Yemen and we
are its supporters.

Al-Ayyam: You said an outside invasion?

Al-Masri: Outside invasion starts from Yemen out. As the prophet, God's
prayers and blessings upon him, said: It comes out of Aden. We did not say it
comes out of London. We said it comes out of Aden. If the army starts in
Aden, people should join from every place if they can.

Al-Ayyam: What do you say about your call against the non-believers while
living among them and off their money?

Al-Masri: I have never lived off their money. I paid lots of taxes to the
non-believers while working as an engineer. I am reaping the benefits they
have gained from the Muslims' land according to my needs which is originally
money that belongs to Muslims. What they spend on Muslims is nothing but
leftovers and bread crumbs compared to the meat and honey they eat in our
lands.

Al-Ayyam: And what do you say about the arms that they found in the
possession of your son and the other suspects?

Al-Masri: You know that the children in Yemen carry Kalashnikovs, and weapons
in Yemen sell easier than candy, and there were no fingerprints on the arms.
Could a government which sexually abuses, beats, tortures and prevents the
children from praying, be trusted with holding this evidence? This is a
ridiculous case. If this case was in any country, even in the world of the
non-believing West, it would not be considered a case. As there were weapons
planted on them and other weapons with no fingerprints, and things that don't
match.

Al-Ayyam: What are your future expectations for the destiny of Yemen?

Al-Masri: If Yemen is on it its way toward the secular path it will suffer
from disintegration, and internal conflict where there is no winner, since
every person has his own opinion which he respects and cherish. However when
we turn our matters in life to God and his prophet and even if we, by doing
so, murder some people, it will be regarded as an error and it will be
forgiven. And all mouths should be shut because when God and the Prophet
speak all mouths should be shut.

We have no ambitions in any government. We say it is better for the ruling
class to remain as is but the regime should be changed. What are the
interests of the people, for instance, if the president changes? But what we
want to have changed is to have an enlightened Islamic Yemen for which
"Zakah"[the obligatory alms given to the needy in Muslim society] is levied
and investments are encouraged. Its residents would have self-pride and would
not eat its babies and kill its children and open its arms to the enemies. We
don't want that.

Al-Ayyam: You, along with the Aden [-Abyan Islamic] Army [an Islamist
extremist organization accused by the Yemeni government of kidnapping and
murdering foreign tourists], have threatened revenge if Aden-Abyan Islamic
Army chief ]Abu Al-Hassan and the eight [other suspects] were unjustly
convicted. [Editor's note: Abu Al-Hassan and his associates were tried in
Yemen last year; Al-Hassan was convicted and executed.] Are you still holding
to that revenge?

Al-Masri: Revenge is not personal against individuals. It derives from
revenge against a principal. In order to have the word of God the highest of
all, it is imperative that the defender of the word of God should not be in
the lower rank.

Al-Ayyam: But you said that war will emerge from the top of mountains and it
will target the officials in the country. Do you still hold to your
statement?

Al-Masri: No, I said it might happen and I did not say it must happen. The
reason I said this might happen is because of the mountainous landscape of
Yemen, the training and the background of the men from Afghanistan [veterans
of the war in Afghanistan to expel Soviet troops in the 1980s] and so forth.
This is merely a prediction, not incitement.

Al-Ayyam: Your freedom is presently guaranteed? Do you think that the British
Police have any evidence against you or are they only trying to have you
framed?

Al-Masri: They have tried hard to frame me, and they are still trying. They
have brought people to testify against me but I have nothing to hide. I do
what I say because my statements are my deeds in this country. I am a
disabled person and I use their country. They also use it to spread
corruption. I use it to preach reform and I hope to meet with people who are
knowledgeable in Sharia' and hold discussions with them in an Islamic manner
instead of getting involved in irresponsible accusations and taking cover
behind godless secularism and personal interests and so on. I believe in a
legitimate dialogue and I believe that defending the sons of Islam is one of
the important pillars of the belief.

Al-Ayyam: One question before we end, you may answer it if you wish. It is up
to you. Did you work at a night club?

Al-Masri: What do you mean? When was that? What you are talking about was at
the end of the seventies.

Al-Ayyam: Yes, Did you work?

Al-Masri: This was at the end of the seventies, before I was committed.

Al-Ayyam: We may say those were the days of Jahilliyyah [Quranic term
referring to the period of "ignorance" that prevailed before the coming of
Islam] for you?

Al-Masri: yeah...the days of Jahilliyyah. You have to ask [the Muslim Caliph]
Omar Ibn al-Khattab how many of his daughters he had killed and how much wine
he had drunk and how much he had fornicated before Islam?

Al-Ayyam: Yes, Yes.

Al-Masri: Maybe Omar should ask himself this question.....

Al-Ayyam: What do you want to say to your son now?

Al-Masri: I would like to say to my son that I was pleased to see your
strength. I heard that even if they are allowed to return to London they
prefer to remain in Yemen to study religion. This makes every father a proud
man when he sees his son accept God without fear and would choose work and
sharing the hard life of the Yemenis to giving up his religion for a travel
document and some money.

Al-Ayyam: Thank you, this is Hisham Basharaheel, chief editor of (Al-Ayyam)

Al-Masri: I hope you will be fair in the report.

Al-Ayyam: I will publish your statements verbatim without any alterations. In
an event of any omission I will not publish this interview.

Al-Masri: I call upon the government of Yemen. I want to say: have pity for
God's sake for yourselves and for the sons of Islam and we are at your
service and your guards. We have no intention to rule and we will not replace
you with others as long as you govern by the Sharia' of God almighty. There
is no other practice but this. I call upon them to follow Sharia'( Islamic
Law) and to declare total amnesty and let it be a welcoming and Godly Yemen,
and may God forgive the past.

(Translation by Karam Tannous)

END