The serious challenge in appointing the new General Prosecutor
By\ Judge Nasser Al-Qomae
SMA NEWS – ADEN THE CAPITAL
Through our follow-up on the repercussions of the decision to appoint a new General Prosecutor, we found clear divisions between opponents, supporters, and conservatives. The opponents are also divided into two groups with political leanings that they could not hide even if they tried to legalize this opposition.
The other part of the opponents do not have political leanings, rather, they look at the decision with a legal point of view, and their proposals are purely legal.
The support team also has two parts; The first part is sincere in its support for the decision, believing that the president’s decisions are all sovereign and cannot be challenged and he has absolute powers to issue decisions that he wants, and no one may oppose them .. The other part knows with certainty that the president’s decision is in violation of the constitution and the law, since the appointed person is a military person from outside the judicial authority. … However, he took this position to spite others, and this position reminds us of the position of a large number of Southern Movement activists who were the first to move and lead the southern revolution, whose positions shifted from the southern issue to the opposite side just to spite the Transitional Council and the climbers on the back of the true leaders of the southern revolution … And here they are taking this position as a spite in the Transitional Council and the executive office of the judges club .. As for the conservatives, it is difficult to classify them to a specific party, except that the interest is their motive to move, and they are confused about which side they should tend to due to the lack of vision clarity so far, and to which side the balance tilts to, so they go with it.
Our colleagues…. Let us avoid the political disputes and let the law be the master of the situation, to confine the matter to our concerns, as judges, and to ask ourselves whether the decision issued by the president is consistent with the constitution and the law of the judicial authority or is it inconsistent with it? … And did this decision pass through its legal channels or was it formulated in the president’s office without the knowledge of the Judicial Council?
Certainly, the Supreme Judicial Council is not aware of this decision at all .. It is also certain that the new appointed General Prosecutor does not carry a judicial degree and he is from outside the judicial authority .. Some may say that former deputies hold military ranks, so why were they not challenged before? It can be answered simply that it has never been before a decision was made to directly appoint a military attorney general, but rather that the appointment is made in lower ranks and then quickly rolled over to bring him to that position. Although the matter is an ostensibly fraud, but as long as they became judges according to those appointments and practiced the judicial work for a period of time, it is their right as judges to occupy any judicial position … As for our new friend, he was not rolled as his companions, rather, he was parachuted onto without prior warning, as if we were in a battlefield with the intention of occupying the site, that means the new appointed is meant to be brought in from the window without permission ……… and he was not entered through the door like his predecessors.
Dear Colleagues … What was the grade of the new General Prosecutor before the decision was issued? What is the period of time in which he worked in the judiciary? … and what is the extent of his experience in judicial work?
Let’s leave politics aside and strip it completely, and think about the answer only, just think, and answer those questions inside you without expressing them to others.
Then you will reach to a complete conviction that we are facing a serious challenge that must be confronted with the means that we have, which is the law and nothing else … My best wishes for success to everyone.
