Yemeni Parliament during the discussion of amendments to the Law of immunity (French)
Yemeni parliament approved on 21 January 2012 Law full immunity to Yemeni President outgoing Ali Abdullah Saleh and his partial immunity in the context of operational arrangements for the application of the Gulf initiative seeking to resolve the political crisis in Yemen and the transfer of power agreement.
The text was approved in the House of Representatives of Yemen after the amendment to the original bill, which was met with strong opposition from the Yemeni revolution and youth NGOs.
This amendment resulted in the mass media, to the full terms of immunity and the immunity of the president's political aides, in reference to the amendment came to the Assistant to the President granted partial immunity is not complete.
The amendment in the text literal - which passed by Parliament - in the following form "gives President Ali Abdullah Saleh, full immunity from prosecution and legal" followed by a paragraph further explains the meaning of political immunity by saying "give the officials who worked with the President in the State institutions of civil and military, security, immunity from criminal prosecution in connection with the politically motivated they have made during the performance of their official duties. "
Paragraph, and excluding special assistants "who commits an act of terrorism or criminal cases proved to be" proof here is intended to verify the meaning attached to prove the offense of the person in the legal framework in force.
This is the law pursuant to the sovereign should not be canceled or challenged, which means that it is not entitled to any point of Yemeni later challenged or canceled, thereby revoking its impact legal for persons covered by this law does not apply to them the exceptions contained therein text.
ClarificationIn clarification of the amendments to the law on immunity, described the Yemeni Minister Mohammed Mikhlafi, told Newspapers, j as a mutual amnesty between political parties within the framework of national reconciliation and transitional justice.
Mikhlafi said in a statement to Al Jazeera that the law - which gives the president and his allies in favor of immunity from prosecution on the criminal acts of politically motivated - is part of the international conventions, has been applied by many countries that have experienced political conflicts have led to the stages of transition of power.
He explained in a statement Saturday that the media text - before the amendment - has given blanket immunity for the benefit of aides during his presidency of the country for 33 years, but after the amendment to restrict immunity to issues of political motives only, which means the possibility of prosecution.
Before the amendmentIt is noteworthy that the original bill was before the amendment reads as follows:
- After reviewing the Constitution of the Republic of Yemen and the Republican Decree No. (14) for the year 1994 on Criminal Procedure, and based on the provisions in Article III of the initiative of the Cooperation Council for the Arab Gulf States, which enjoined the Council of Representatives, including the opposition to pass laws that grant immunityagainst the prosecution and the judiciary to the president and worked with him during his reign, and on the ninth paragraph of the operational mechanism of the initiative which led the parties to take necessary steps to ensure the adoption of the House of Representatives of legislation and other laws necessary for the full implementation of the safeguards obligations undertaken at the initiative of the Gulf Cooperation Council and the operational mechanism signatories in the city of Riyadh.
- According to the statement in the Security Council resolution No. 2014 dated 21/10/2011 in the fourth paragraphs, which called on all parties in Yemen, the commitment to implement a political settlement based on the initiative of the Gulf Cooperation Council (GCC), and in order to contribute to all the children of the Yemeni people in the process of construction and development, and the containment of the effects caused by the internal crisis that occurred last period and the resultant, and the embodiment of the spirit of tolerance inherent in the mind and conscience of the Yemeni people, and given to the requirements of the national interest and after the approval of the House of Representatives, we have issued the following law:
Article (1) gives Ali Abdullah Saleh - President of the Republic - and work with him in all the organs and institutions of the state of civil, military and security during his immunity from prosecution and the judiciary.
Article (2) This is the law of sovereignty may not be canceled or appeal.
Article (3) The provisions of this law for acts committed prior to the incident of its issuance and shall from the date of issuance and shall be published in the Official Gazette.
The cabinet referred the bill to the House of Representatives to complete the constitutional procedures thereon, and cost in this regard, Minister of the House of Representatives and the Shura Council and Minister of Legal Affairs to complete follow-up procedures for the issuance of constitutional law.
Yemeni President signed the Gulf initiative on November 23, 2011 in an agreement known as the Riyadh agreement, while the party signed the ruling General People's Congress and its allies and the opposition Joint Meeting Parties and its partners on the operational mechanism of the initiative.
Source: Al Jazeera + agencies + Yemeni press
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