US embassy cable - 05SANAA1316

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001316 
 
SIPDIS 
 
E.O. 12958: DECL: 05/15/2015 
TAGS: PHUM, PREL, YM, KMCC 
SUBJECT: HUMAN RIGHTS MINISTER SOSWA ON THE AMINA CASE, 
PRESS LAW AND GTMO 
 
REF: A. SANAA 1244 
     B. SANAA 1054 
 
Classified By: Ambassador Thomas C. Krajeski for Reasons 1.4. (b) and ( 
d). 
 
1. (C) Summary: In a May 15 meeting with Ambassador, Human 
Rights Minister Amat al-Alim Soswa discussed the death 
penalty case of Amina al-Tuhaif (ref A), the draft press law 
(ref B) and the recent allegations of Koran desecration at 
GTMO. End Summary. 
 
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The Saga of Amina al-Tuhaif 
--------------------------- 
 
2. (SBU) Concerning the death penalty case of Amina Ali 
Abdallah al-Tuhaif, (ref A), Soswa pointed out that Tuhaif's 
age was only one of several issues that allowed for a stay of 
execution.  She noted that according to Sharia, Tuhaif was 
likely entitled to a stay until her child, who was born in 
prison, is considered an adult and afforded the opportunity 
to pardon her mother.  Soswa disclosed that she would likely 
use this argument to at least delay the execution.  Soswa 
also implied that the case might offer Yemeni legal 
precedence on the right to a fair trial and defining the age 
of majority. 
 
3. (C) On Tuhaif's guilt, the Minister noted that Tuhaif 
personally admitted to her that she and a male relative 
killed her husband because she, "just didn't like him," 
although Tuhaif maintains that she did not know what she was 
doing at the time.  (Note: The body of Tuhaif's husband was 
found mutilated at the bottom of a well.  End Note.)  Soswa 
confirmed to Ambassador that Tuhaif, who is "beautiful and 
manipulative," escaped from prison shortly before her 2002 
scheduled execution with the help of five sympathetic prison 
guards and the Mahaweet Prosecutor General.  All six were 
subsequently dismissed from their jobs. 
 
4. (SBU) Soswa revealed that the Ministry of Human Rights 
(MHR), with President Saleh's personal help, is attempting to 
resolve the case. "In the end," she observed, the case and 
its solution were "complex and tribal."  Soswa held out hope 
that Saleh's offer to the victim's family for "Dia'a" would 
eventually be accepted. (Note: Usually referred to as "blood 
money," Dia'a is a payment made to a murder victim's family 
by the murderer's family to allow for his or her exoneration. 
Should her execution be stayed under Sharia Law as Soswa 
proposed, the daughter at the age of adulthood would be asked 
to decide if her mother should be executed for killing her 
father.  End Note.)   Soswa also confirmed Tuhaif's legal 
status by noting that no new execution date has been set. 
 
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Press Law 
--------- 
 
5. (C) On the proposed new press law (ref B), Soswa 
attributed the current controversy to the ROYG's poor 
handling of the issue.  She noted that the law was "poorly 
written," and pushed out of the Ministry of Information (MOI) 
too quickly without taking the necessary time to evaluate and 
consult with media interests. Soswa also divulged that she 
herself leaked the proposed law to the press in order to 
increase transparency. 
 
6. (SBU) Soswa expressed disappointment with the Yemeni 
Journalist Syndicate (YJS) for always "yelling and screaming 
but not doing anything."  Soswa explained that a new law was 
indeed necessary to replace other laws (such as those that 
remain in the penal code) that mandated penalties, including 
death and imprisonment for speech.  In order to increase 
transparency, Soswa said that she intended to hold a national 
symposium on the law in the near future. 
 
---- 
GTMO 
---- 
 
7. (C) On the recent allegations of Koran desecration at 
Guantanamo Bay (GTMO), Soswa said that she wished the "issue 
of Guantanamo" would be put to rest "once and for all, 
despite the extenuating circumstances of 9/11."  As to 
whether or not the ROYG would provide written assurances that 
Yemeni GTMO releasees would not harmed if repatriated, Soswa 
replied that in her opinion, "the assumption of course is 
that the assurance is there."  She also expressed hope that a 
ROYG delegation would finally be allowed to travel to GTMO to 
prepare for an eventual release of Yemeni detainees. 
 
8. (SBU) In response to congratulations for being named one 
of the Arab World's most influential figures by Arab Newsweek 
on May 6, Soswa thanked the Ambassador and commented,  "It's 
tough sometimes, but I am still fighting." 
Krajeski