Geneva – The SAM Organization for Rights and Liberties expressed its deep concern and profound astonishment at the continued politicization of the judiciary by the Houthi-controlled judicial authorities, turning it into a tool of retaliation against journalist Mohammed Al-Miyahi. SAM described this as a blatant violation of Yemeni law and international human rights standards—particularly those guaranteeing the right to a fair trial and freedom of opinion and expression—reflecting a clear disregard for the rule of law and a deliberate effort to use the justice system as a means to silence independent voices.

Al-Miyahi’s lawyer, Ammar Yassin, told SAM that his client had been in stable psychological condition and was eagerly awaiting his release. However, recent developments have been deeply disappointing. He explained that after the defense team submitted an appeal earlier, they were surprised to learn that the case file had been referred to the appellate court on the grounds of an alleged appeal by the prosecution—even though the prosecution had already obtained all its requests in the initial ruling. Yassin added that one of the appellate panel members had explicitly stated that such an appeal was baseless, citing the legal principle that an appeal cannot be filed by the party in whose favor the judgment was issued. The defense team, he noted, had already withdrawn its own appeal given the imminent end of Al-Miyahi’s sentence, believing there was no need to hold appeal hearings with only two months remaining in his term.

Yassin further said they were astonished to see the file transferred to the appellate division on the pretext that the prosecution had filed an appeal, even though the defense had yet to receive a copy of that appeal. Moreover, the adjournment of the case had no clear time limit. He expressed hope that the appellate court would act wisely and bring the matter to a close, describing the ongoing proceedings as “pointless and legally unfounded,” especially with Al-Miyahi nearing the completion of his sentence. He concluded by saying the defense still hopes the matter will be resolved soon and that this unjustified obstruction will come to an end.

SAM noted that it had reviewed a statement by lawyer Ammar Ali Yassin, in which he expressed surprise at being summoned to attend an appellate hearing before the Specialized Criminal Court regarding journalist Al-Miyahi. He explained that upon attendance, the hearing was postponed due to the absence of one of the panel members. Yassin pointed out that it was particularly alarming that the Prosecution—which had obtained a verdict fully in its favor—was now appealing that very decision, stripping the appeal of any legal basis under the well-established principle that prohibits appealing a judgment issued in one’s favor. He added that the defense also saw no merit in pursuing its own appeal, given that Al-Miyahi had only four months left to serve, questioning how the prosecution that won the case could challenge it—an act he described as an attempt to exploit legal loopholes to further punish an unarmed writer.

SAM emphasized that Al-Miyahi’s lawyers received notice of the appellate hearing on the very day the world marks the International Day to End Impunity for Crimes against Journalists—a deeply symbolic coincidence. This, despite the fact that the prosecution had already secured a first-instance ruling entirely consistent with its demands. The organization warned that the most alarming aspect is that it was the same prosecution that filed the appeal, in direct violation of Article 409 of Yemen’s Criminal Procedure Law, which explicitly states that “no appeal shall be accepted from a party in whose favor the judgment was issued.” Although the session was adjourned due to a judge’s absence, SAM believes this delay reflects a clear intent to prolong the journalist’s suffering and deny him his right to liberty—especially since he has served most of his sentence, with only four months remaining—making the reopening of his case appear as a legal pretext for continued punishment outside the bounds of justice.

SAM underscored that such practices violate not only domestic legal safeguards but also Articles 14 and 19 of the International Covenant on Civil and Political Rights, which guarantee the right to a fair trial before an independent and impartial tribunal and the right to freedom of opinion and expression without fear of persecution. They also contravene Article 19 of the Universal Declaration of Human Rights, which guarantees freedom of expression, and Article 79 of Additional Protocol I to the Geneva Conventions (1949), which grants journalists special protection during armed conflicts and prohibits targeting them.

The organization further noted that Al-Miyahi’s case is not an isolated incident, but rather part of a recurring pattern of systematic targeting of journalists and advocates of free expression in Houthi-controlled areas, where specialized criminal courts are used to provide a legal façade for ongoing abuses. SAM stated that it has documented dozens of cases in which journalists were subjected to show trials, torture, and arbitrary detention, in flagrant violation of international law and UN Security Council Resolution 2222 (2015) on the protection of journalists in armed conflict.

SAM recalled that journalist Mohammed Al-Miyahi, known for his independent writing and critical views, was detained for his journalistic work and subjected to a trial that lacked even the most basic guarantees of due process. As his sentence nears completion, he now faces an appeal devoid of any legal justification—an alarming reflection of the prevailing impunity enjoyed by perpetrators and the renewed suffering endured by victims and their families with each arbitrary measure. SAM stressed that this approach contradicts Yemen’s international obligations and undermines the 1991 UNESCO Declaration of Principles on Freedom of Expression, which affirms that freedom of expression is essential for democracy and the preservation of human dignity.

SAM called on the international community, particularly the Office of the High Commissioner for Human Rights and the UN Special Rapporteur on Freedom of Opinion and Expression, to take urgent action and exert serious pressure on the Houthi group to ensure the immediate and unconditional release of journalist Mohammed Al-Miyahi and all detained journalists. The organization also urged the revocation of rulings issued by illegitimate specialized criminal courts, the restoration of judicial independence, and an end to the use of the judiciary as a tool of political retaliation. Furthermore, SAM stressed the urgent need to establish a special international monitoring mechanism to document and hold accountable those responsible for violations against journalists in Yemen.