Justice suspended and judges without protection: the judicial system in Yemen is between humiliation and famine

Yemen

Yamanat

In Yemen, and within the walls of the courts supposed to be a refuge for the oppressed, the Yemeni judge is experiencing his most humiliating and marginalized period since the creation of the republic. Despite the oath he took to “govern the people equitably”, his reality of life and work reveals a judicial authority besieged from all sides: financially, security, media and institutionally, to the point that the decisions of judges have become without force and their dignity without veil.

A salary that doesn’t match the rent… so what about life?
The salary of a judge in Sanaa does not exceed 250,000 Yemeni riyals per month, which is equivalent to about $470 at the official exchange rate (533 riyals to the dollar), or about $200 at the market rate. On the other hand, the rent for the simplest apartment reaches 200,000 riyals for a judge with a large family and 100,000 riyals for a judge with a small family. Calculating the costs of water, electricity, transportation, food and education, we find that the judge lives below the poverty line, without any additional allowance, housing or transportation allowance.

The judicial card is not recognized as an official document!
In a paradox that arouses astonishment and sadness, most public and private organizations do not recognize the judicial card and give no weight to its holder. Even currency exchange companies or banks do not accept the judicial card as an identification document for payment of the judge’s salary, while the military card is easily accepted. Thus, the judge loses respect for the market, as he previously lost the protection of authority, and with it the respect of groups in society.

Orders cannot be carried out without the approval of the police department
Even if court decisions are rendered “in the name of the people,” their implementation is subject to the satisfaction of law enforcement agents and police station directors, which makes the prestige of the judge hostage to the mood of the executive power. It can happen that a legitimate judicial decision is suspended, delayed or completely refused, without anyone being informed.

The judge leaving the field…a risk that could cost him his life
Neither appeals courts nor lower courts have military personnel or security units dedicated to protecting judges during field visits or execution of judgments. Cases have been recorded where judges have been threatened or killed in the exercise of their duties, in the absence of any security arrangements or institutional protection plan for them.

Every court employee is a judge!
Many people do not distinguish between a real judge and an administrative employee. The “secretary,” “bailiff,” and “administrative soldier” are all collectively called “judges,” and what any one of them commits is held directly accountable by the judge in the public eye. This is what causes the societal image of the judiciary to collapse, while complaints and accusations accumulate against the judge, of whom he is innocent.

The judge is besieged from all sources of income
In a unique precedent among state employees, a Yemeni judge is subjected to a strictly illegal siege that prevents him from receiving any legitimate income aside from his meager salary:

He is prohibited from arbitrating, even if requested.

He is prohibited from providing legal advice, despite his experience.

He is prohibited from drawing up contracts and his contracts are not approved in the real estate register, while the contracts of legal trustees are approved.

He is prohibited from sharing or acting as an intermediary, even if he does so voluntarily.

He is prohibited from engaging in commerce or any private activity.

He is even forbidden from expressing his opinion on public issues.

On the other hand, the executive power – individuals and entities – acts in the same area in flagrant violation of the law.

Men from the security services, governors, governorate deputies, sheikhs and administrative employees take the lead in arbitrations, direct divisions and settle disputes, without any level of education or legal knowledge. They even imprison citizens to force them to resort to arbitration and impose exorbitant salaries without legal basis, judicial oversight or administrative accountability.

The worst is that the authorities turn a blind eye, the media are silent and the citizen only finds justice among these ignorant people, after the real judge was unable to do his job while he was handcuffed and without income.

Club under siege
The Yemeni Judges Club, which is the only trade union organization representing judges, has not been spared from the siege and marginalization. It was forced to vacate its headquarters due to its inability to pay rent, and found itself without a building, an operating budget, and a media platform.

Despite the competence of the interim president of the club and his notorious integrity, he has been subjected to systematic campaigns of distortion and distortion, and the club has been excluded from its role, to the point of being ignored by the authority, which recognizes only one channel of understanding regarding the judges, the one that it has designated by political decision and not by election or real representation.

Judicial independence… a meaningless term, without protection or dignity
Talking about the independence of the judiciary in Yemen makes no sense in light of this reality. A hungry judge cannot rule freely, a person denounced by the security forces does not dare to enforce justice against powerful people, and a person humiliated in front of the public does not have the courage to tell the truth in front of someone who is not afraid.

Judicial authority is slowly collapsing from within, and its power and tools are being taken away one by one. Today’s judge is invited to resemble God in his justice, and he does not have a loaf of bread to feed his children.

Conclusion
In a country in search of the rule of law, the balance cannot be redressed and its judge is threatened, despised and isolated.
Either we give back to the judiciary its weapons: its dignity, its prestige and its tools, or we remain silent when the voice of chaos is louder than that of justice.

Source: Yemeni Law and Justice Portal (channel on Telegram)

Yemen