The reality of legal chaos in presidential decisions
By\ Dr. Mohammad Ali Al-Saqqaf
SMA NEWS – ADEN THE CAPITAL
There have been recent appointment decisions by President Hadi that require urgent response to them.
Here they are:
- With regard to the appointment of Bin Dagher as Chairman of the Shura Council, and he was the one whom a decision was issued against him to be referred for investigation upon dismissing him from his position.
- The decision to appoint Major General Dr. Ahmed Al-Masawi as the General Prosecutor of the Republic, he is a security officer at the Ministry of Interior and outside the judicial authority, and the Southern Judges Club clarified its position against this decision on January 16, 2021 reinforcing his objection to the provisions of the constitution and the judicial authority law, and the decision’s inconsistency with international standards regarding the judiciary and its independence, thus, the Southern Judges Club proved its high professionalism in showing the reasons for its objection.
In addition to the texts and legislation mentioned by the Southern Judges Club; there is a risk of accusing the President of the Republic that with those decisions he took, as they are not only considered violation of the constitution and laws, but that this may expose him to legal accountability in accordance with the text of Article 128 of the Constitution in the event of violation of the constitution in addition to Law No. (6) of 1995 regarding the procedures for accusing and prosecuting the occupants of the authority’s positions, and the highest executive in the state.
Article (4) of the law defines the types of crimes in “violating the constitution and violating the laws in force, as clarified by the ratified International Covenant on Civil and Political Rights of 1966, which made it clear in Article 4 that even in exceptional emergency situations threatening the life of the nation, exceptions can be made in the narrowest limits, required by the situation … but under the condition that these measures do not contravene its other obligations under international law. … In conclusion
I note that Ali Abdullah Saleh, despite his grave mistakes and the crimes he committed, has not taken steps similar to the decisions issued by President Hadi, as mentioned in the last two points:
- The head of the Public Prosecution Office in Saudi Arabia, where President Hadi is present, is Saud bin Abdullah al-Mujib, he is member of the Senior Scholars Council and worked as a judge in a number of Saudi courts, as is his deputy Shabaan bin Shalaan
- After a few days, Biden will assume the presidency of the United States, and his interest in the rule of law and human rights is known, and recent decisions are not in the interest of President Hadi, who has undoubtedly been made in a mistake by those who do not want good and success, so he must courageously review his decisions and its room, which is clearly far from being professional.
