رئيس مجلس القضاء الأعلى اليمني لـ«عكاظ»: الدعم السعودي حجر الزاوية لاستقرار العدالة وسيادة القانون

The President of the Supreme Judicial Council in Yemen, Judge Mohsen Yahya, valued the historic Saudi support for his country, which has gone beyond humanitarian aid to support the stability of the balance of justice by enhancing the budgets and operational expenses of the judiciary.

Judge Yahya confirmed that this support is a qualitative step that will bring about a positive transformation in serving justice for the Yemeni citizen, considering that the judiciary is the last fortress of the state in facing chaos and polarization.

He emphasized the independence of the judiciary and the fight against corruption within the courts, indicating that indicators of digital achievement reflect the recovery of this vital sector.

The President of the Supreme Judicial Council expressed his gratitude to the Kingdom of Saudi Arabia, its leadership, government, and people for their fraternal positions, and to the newspaper "Okaz" for its interest in conveying the true professional image of the efforts of the Yemeni judiciary... and here are the details of the dialogue:

The Fortress of the State and the Rule of Law

• How do you see the role of the judiciary in consolidating stability and enhancing the rule of law in Yemen during the current phase?

•• The judiciary today represents one of the pillars of stability in the liberated provinces, as it guarantees the authority of the state and the rule of law, and serves as a fortress that prevents the encroachment of chaos or the logic of force. In this critical phase, the judiciary's role extends beyond resolving disputes to protecting civil and societal peace, fortifying rights, and regulating the relationship between citizens and institutions through fair and transparent procedures. The presence and effectiveness of the judiciary directly reflect on security, peace, and community trust.

Practical Steps to Protect Rights

• What are the most prominent steps taken by the judiciary to ensure the protection of rights and the preservation of public freedoms?

•• Since the reformation of the Supreme Judicial Council in August 2022, we have taken steps that contributed to the protection of rights, including the establishment of an Accountability Council, activating judicial oversight on procedures, emphasizing legal guarantees during litigation, developing mechanisms for judicial inspection and administrative follow-up, and conducting a comprehensive judicial inspection in the temporary capital, Aden, after these procedures had been halted since 2011. Additionally, we have made surprise visits to several provinces, enhanced the role of the Public Prosecution in protecting public rights, expanded the unification of procedural models, reduced complexity, expedited litigation procedures as much as possible, received citizens' complaints, and facilitated access without obstacles.

Gradual Improvement Despite Challenges

• How do you assess the level of work in the courts and prosecutions during the current period?

•• Despite the exceptional challenges imposed by the war and economic conditions, the work in the courts and prosecutions is witnessing gradual improvement in the liberated provinces, in terms of the regularity of sessions, the continuity of procedures, and the activation of some specialized departments according to available capabilities. The goal is not merely formal operation but institutional work that achieves swift justice and addresses the accumulations of past years.

Positive Indicators on the Ground

• Are there quantitative or qualitative indicators of improvement in judicial performance in adjudicating cases?

•• Yes, important qualitative indicators are emerging, the most notable of which are: more regularity in holding sessions, improved documentation of procedures, and increased case resolution rates. There are quantitative indicators related to achievement rates in the Supreme Court and some courts compared to previous periods. At the administrative level, the council held 14 sessions last year, resulting in 85 decisions, varying between appointments, assignments, transfers, assignments to the Accountability Council, lifting immunity, establishing specialized prosecutions, and judicial transfers. The Judicial Inspection Authority received 810 complaints, which were examined, studied, and most referred to the relevant sectors of the authority.

Tangible Achievements in Addressing Accumulations

• What are the most notable achievements of the judiciary in resolving accumulated cases over the past years?

•• Over the past three years, the judiciary has achieved significant progress in resolving many accumulated cases, with notable achievements including the activation of accumulated files through the allocation of intensive sessions and departments to address older cases. The work in some appellate courts and their departments has been activated to alleviate pressure on primary courts; specialized and military courts have been established in several liberated provinces, and coordination between courts, prosecutions, and relevant entities has been improved to expedite litigation procedures and raise the level of administrative discipline within justice facilities.

Numbers Speak... Record Achievement Rates

• Are there numbers or rates that clarify the volume of cases that have been adjudicated compared to pending cases?

•• Yes, the statistics for the past year are as follows:

· Supreme Court: Incoming (2152) cases, (1030) rulings issued, remaining (1122).

· Appellate Courts: Total cases (83951), (44629) cases resolved, remaining (39322).

· Public Prosecution (Office of the Attorney General): Received 519 cases and (1183) grievances, all of which were fully resolved.

· Public Prosecution (provinces): Referred cases (26899), (23115) cases processed with a resolution rate of (85%).

· Military Prosecutions: Referred cases (543), resolved at a rate of (99.5%).

Strategic Plan to Address Accumulations

• What are the plans to expedite case resolution and reduce judicial accumulations?

•• The plan is based on practical axes, including: intensive sessions for accumulated cases according to priority lists (oldest to newest). The redistribution of departments and judges according to the pressure on the courts has been carried out, as we conducted judicial transfers in most liberated provinces, reduced postponements in sessions by controlling their causes, and we seek to expand electronic litigation and simplify procedures and archiving. We also aim, along with our brothers in the Kingdom of Saudi Arabia, to enhance the efficiency of the staff through training, especially in case management, drafting rulings, and using systems.

Saudi Support... A Historic Message of Confidence

• What forms of support has the Kingdom of Saudi Arabia provided to develop the judiciary in Yemen?

•• The support provided by the Kingdom of Saudi Arabia to enhance the salaries of judiciary personnel and approve operational expenses for courts and prosecutions came as part of supporting the stability of state institutions, most importantly the judiciary, and alleviating living burdens, which enhances the stability of the staff, in addition to supporting efforts aimed at developing the institutional environment for the justice sector.

This support is viewed as a message of appreciation for the role of the judiciary and the necessity of empowering it to continue performing its duties to the fullest.

Impact of Support on Citizens' Lives

• How does this support reflect on improving judicial performance and serving the Yemeni citizen?

•• When the judge and administrative staff are stable both administratively and financially, their ability to commit and maintain regularity improves, and efficiency in achievement increases, while the chances of job turnover or setbacks decrease. Most importantly, the Yemeni citizen feels this in the form of more regular sessions, faster processing, more disciplined rulings, and a more stable judicial service. The support also contributes to boosting morale and enhancing confidence that the state and its partners stand behind the justice institution.

Rebuilding the Justice Edifice

• What are the current plans to develop the infrastructure of courts and prosecutions to facilitate citizens' access to justice?

•• We have conducted an assessment of infrastructure needs based on realistic priorities and presented a proposal to our brothers in the Kingdom of Saudi Arabia, which includes the establishment of dedicated buildings for the Supreme Judicial Council and the Supreme Court. We have also maintained the premises of courts and prosecutions, equipped suitable session halls with solar energy and furniture according to available resources, and worked on improving the public reception environment and electronic archiving.

Technology in the Service of Justice

• Is there a trend to expand the use of judicial technology such as electronic archiving or digital courts?

•• The judiciary has initiated a program to automate judicial work in the stages of primary, appellate, and supreme litigation, recognizing the importance of digital technology in facilitating and expediting litigation procedures. This program is still in its early stages and requires significant spending and resources that we are working to secure.

Independence... A Red Line That Cannot Be Crossed

• What are the main challenges currently facing the judiciary regarding independence and transparency?

•• The constitutional and legal texts clearly affirm that the judiciary is independent financially, administratively, and judicially, and no interference in its work is permitted from any party. Interference is considered a crime punishable by law. The law prohibits judges from belonging to any political party, and judges pledge upon joining the Judicial Institute not to belong to any political or party organization, and they are held accountable if any political activity is discovered.

Facing Pressures with Neutrality and Integrity

• How do you work to confront political pressures that may affect the independence of the judiciary?

•• Judicial professionalism, which is based on neutrality and integrity, plays a significant role in facing any pressures. The judge's role is limited to applying legal texts to the facts presented before him. The council has worked to distance the judiciary from the political polarization that the country has experienced by prioritizing professionalism over other considerations.

Combating Corruption... No Immunity for Violators

• How are corruption cases within judicial institutions handled?

•• Judges are subject to judicial inspection procedures, and investigations are conducted into complaints filed against them, with punitive measures taken that include lifting immunity and referral to courts or accountability and imposing penalties such as dismissal when violations are proven. Several judges have been dismissed during this year and previous years.

Justice is the Foundation of Trust Enhancement

• What role does the judiciary play in enhancing trust between citizens and the state?

•• It is said that justice is the foundation of governance, and the judiciary's production of fair rulings enhances citizens' trust in the state and its authorities. We work to ensure that courts issue just rulings by providing the necessary human and material requirements for judicial work.

Hopes for a Training Partnership with Saudi Arabia

• Are there training programs or initiatives for exchanging experiences between Yemeni judges and their counterparts in the Kingdom of Saudi Arabia?

•• Currently, there are no joint training programs between the judges of the two brotherly countries, and we hope that in the future, there will be an exchange of judicial experiences and that coordination between our council and the Judiciary Council in the Kingdom will reach its best levels.

Enhancing Cooperation to Combat Organized Crime

• What are the possible mechanisms to enhance judicial cooperation between Yemen and the Kingdom of Saudi Arabia in areas such as combating terrorism and money laundering?

•• We see that activating agreements related to combating terrorism and money laundering between the two countries and judicial cooperation is of great importance. The ministries of justice in both countries play a role in this, and we confront such crimes with specialized judiciary to increase effectiveness and speed. We are ready to further develop cooperation with our brothers in the Kingdom regarding this.

Towards Joint Judicial Agreements

• Are there plans to sign agreements or joint protocols in this area?

•• Signing agreements requires the exchange of visits and meetings with our counterparts and identifying the topics that need such agreements to address existing problems that require joint coordination between the judiciary systems of the two countries.