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Unpunished: The Politics of Impunity in Yemen

Attacks on journalists in Yemen have escalated at an alarming pace since the onset of the war in 2014. As a result of the continued impunity of perpetrators, restrictions on freedom of expression have increased.

by Ismael Alaghbari
Published on December 12, 2024

On December 21, 2016, the tragic death of investigative journalist Mohammed Abdo al-Absi, who reportedly died from inhaling a fatal dose of carboxyhemoglobin sent shockwaves through the Yemeni media outlets. Seven years later, al-Absi’s death remains shrouded in mystery, as the public prosecution body continues to withhold vital evidence against the alleged perpetrators. Officials have deliberately concealed the case, and they have attempted to attribute the crime to an unknown culprit. This ongoing obstruction highlights the grim and dangerous reality that journalists in Yemen face.

Since the onset of the war in 2014, Threats against journalists have steadily escalated. As a result, freedom of expression has eroded, largely a outcome of un unwillingness to prosecute to those responsible for these atrocities. Al-Absi’s death is but one among 63 journalist killings, none of which have seen the perpetrators brought to justice, according to the National Organization of Yemeni Media Professionals (SADA).

Disrupted Justice

The fragility of Yemen’s judicial system, coupled with weak legislation, lax enforcement, and conflicting loyalties, has severely disrupted the enforcement of justice. As a result, Yemen ranks a dismal 168 out of 180 countries in the 2023 Reporters Without Borders Press Freedom Index—evaluating the environment for journalism—reflecting the country's dire record on freedom of expression and the protection of journalists.

Reports suggest that warring parties have manipulated the judiciary to intimidate journalists—through arbitrary detention, enforced disappearances, and the deliberate neglect of their cases in court. The Yemeni Journalists Syndicate documented eighty-two attacks against journalists in the last year alone. Of these, 21 percent involved arbitrary detention, 14 percent were related to trials and summonses, and 4 percent were cases of harassment, often framed to punish journalists for refusing to comply with court orders. According to Amnesty International, powerful forces exploit the judicial system to silence journalists and erode freedom of expression, either by stalling legal proceedings or preventing trials from taking place altogether.

Protected Impunity

Human rights reports indicate that armed and political factions actively seek to perpetuate impunity, often shielding perpetrators from prosecution. Mustafa Nasr, a human right researcher with Media Freedoms Observatory or Marsadak[1], emphasized that the impunity that these perpetrators enjoy is a direct consequence of the ongoing war in Yemen. He also pointed to systemic flaws within the judicial and security sectors, that limit the officials ‘ability to investigate violations and hold offenders accountable.

Nasr further expressed deep regret that the judiciary has been used by political powers in numerous cases against journalists. Death sentences have been handed down to individuals arrested for expressing their opinions, and many journalists have been tried in special courts that disregard both the constitution and laws that guarantee freedom of expression. Forces that flout the law have transformed the judiciary into a tool for their military and political agendas, thus undermining constitutional and legal rights in the process.

Weaponizing Intimidation

Intimidation is frequently weaponized to silence the public and their demands for justice. Qaboul al-Absi[2], the sister of Mohammed al-Absi and the executive director of Qarar Foundation, shared that she was targeted and intimidated by authorities. They sent her threatening messages, to “eliminate her” and charge her with treason and collaborating with foreign intelligence. Ultimately, she fled Yemen after enduring various forms of intimidation to abandon her efforts to identify her brother’s killers and bring them to justice. “I was forced to leave the country,” she recounted.  She pointed to this climate of fear prevents both victims and witnesses from testifying against the suspected perpetrators, further obstructing an already absent justice system

In government-controlled areas, there has been a marked increase in arrests and harassment campaigns targeting journalists and activists, particularly at the hands of the National Resistance Forces along the western coast of Taiz. In October of this year, the government’s Public Funds Investigation in Taiz summoned Wajdi al-Salmi[3], executive director of the Free Media Center for Investigative Journalism. Al-Salmi characterized the summons as a clear strategy of intimidation and confirmed that many journalists have opted against filing complaints for fear of retaliation, as they face direct threats that severely hinder their ability to report on sensitive issues. "I was faced with a legal challenge, while some of my colleagues were physically attacked, subjected to smear campaigns, and threatened on social media," al-Salmi said. "This has placed immense psychological pressure on us and significantly obstructed our journalistic work."

In light of the ongoing impunity crisis, it is clear that the overall environment for journalists will not improve unless the Media institutions and journalists remain independent from the influence of the warring parties. Human rights must be upheld by all political entities within the framework of justice and lasting reconciliation, ensuring a conducive environment for journalism work. This includes continuing to monitor of violations and addressing the escalating levels of violence against journalists.

Notes:

1- Interviewed via WhatsApp on November 6, 2024

2- Interviewed via Signal on November 11, 2024

3- Interviewed via WhatsApp on November 6 ,2024

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