We all remember my friend, journalist Abdulkarim Al-Khaiwani who has been unjustly imprisoned by the luntic dictator of Yemen. Al-Khaiwani's lawyer wrote him a letter saying, "You are tried for thoughts that have not been published yet."

In Apology Letter to Al-Khaiwani from His Lawyer Khaled Al-Anesi: What Can Be Done by Lawyer in Cases Where Accused Is Convicted Until Proved Otherwise

Monday 16 July 2007 / hoodonline.org

Dear Mr. Abdulkareem Al-Khaiwani,

I believe that you are aware that sitting in the spectators seats in a just case like yours is not the right place for a lawyer who believes that his defense for your case is a defense for free expression and not a mere defense for your freedom of expression.

However, dear, I think that the simplest service I can offer in this case is not to participate in this unfair trial before a court that lacks the constitutional and legal jurisdiction and the trust of people in its rulings. It is meaningless to stand before a judge who does not have the power to decide in the lowest request such as the request of your release. It has been proved that the function of this court is to convict people and then others will grant pardon and forgiveness! If the judge accepts the lowest request by the accused, it will not be implemented unless it is approved responded to the liking of those who stand behind making such cases. Frankly speaking, I hope that this court does not investigate in any of the attacks against you, your daughter and your home as this goes beyond the role assigned to this court.

Thus, please don’t blame me if you find me sitting in the spectators seats as I will not accept to participate in an advanced ruling of convicting you at the moment of detaining you and terrifying your family and children. They will not accept to interrogate those who scattered your dignity before your children and neighbors because they are unknown even for those who try you!

Those who try you think that they are not concerned to investigate in the wounds resulted from the abuse when detaining you, terrifying your wife, your children tears or your family photos which are violated when detaining you without (arrest order) as your personal things were looted without a (looting order).

Your release does not need a defense memo or a lawyer request, but needs a moment of euphoria by the one who gave the directions to arrest you that he heard enough about the champions of detaining, beating and insulting you, preventing others to visit you and ignoring your requests and your case details to the extent that they detained you in your underwear.

The relief is from (Allah) as we think and from (their God) as they think, so you should expect it from the one who owns it and not from those who are waiting for it like yourself.

Father of Iba’a (his daughter’s name), remember that your detention is not justified and the order of inspecting your home has not reason and the order of extending your imprisonment (presently) in your (absence) if want to know what is the authority of those who try you.

The (investigation) judge was not concerned to meet your requests as he was concerned to accuse you and I hope that the (ruling) judge is not only concerned to convict you. Father of Wala’a (name of his second daughter), note that the judge and prosecution voices were transferred through microphones whereas there is no microphone in the hands of defense or in your hands and then you will understand why I refused to stand when I was requested to stand to defend you as I prefer not to be a defendant without a voice.

My brother Abdulkareem Al-Khaiwani, you can ask the judge about his position on the matter of forged order of extending your imprisonment and you can ask him to investigate in the requests that the General Prosecution refused to investigate in though that most of them are evidenced in the records of investigations and this is a proof that the investigations process was for the favor of one unknown party not for the favor of justice. You can ask the Head of the Prosecution if he has ordered them to (arrest you): Did he order them to bring you in your underwear? Did he order them to bring you (forcibly)? Did he order them to violate the sanctity of your home? Did he give his directions to attack you while you are sleeping and you are suffering from heart disease and blood pressure? In other words, did he order them to bring you forcibly dead or alive? Was he the one who asked them to beat and insult you before your wife and your children?

You can ask the Head of the Prosecution if he is the one who asked to inspect your home and if he asked them to violate your personal life and to seize your photos with your wife and female relatives and their photos with your children?

If he justifies that they were hoping to find photos of you with Al-Houthi, you can ask him: Did he order them to search for Al-Houthi photos? Or did they think that they will find such photos among the photos of your wife and female relatives? Were they searching for such photos in the music cassettes that have been detained with you?

You can ask the Head of the Prosecution if he issued the two orders of arrest and inspection before detaining you and inspecting your home? If so, why he did not attend the execution of those two orders? Did he order them to inspect your home in your absence?

Just ask him who were those who inspected your home and you will find them unknown as those who detained you and beat your daughter?

You can ask the Head of the Prosecution: What is my accusation? And how come that 26September Newspaper came to know about your accusation before he directed it against you?

My brother Abdulkareem,

What can a lawyer do in cases that are administered by that the accused is convicted until proved otherwise and therefore copies of mediation documents are presented as evidence against you instead of war documents and an empty CD is presented to convict you. You are accused of supporting a gang that has already been granted pardon and you are tried for thoughts that have not been published yet and furthermore the prosecution still has the right to present any evidence against you that might be discovered in the future. This might be something like unloading your dreams or articles that they expect you would write!

Finally, I hope that you realized that sitting in the spectators seats is the least bitter choice for a lawyer who refuses to plead in a case where a ruling is previously issued before the sessions are held.

My warmest regards,

Lawyer/ Khaled Al-Anesi

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