Detention of Lawyer Afnan Al-Batati A Grave Violation of Constitutional Rights
  • 04/06/2025
  •  https://samrl.com/l?e5525 
    SAM |

    Geneva – SAM Organization for Rights and Liberties stated that the detention of lawyer Afnan Abdullah Mohammed Al-Batati on Saturday, May 31, 2025, by individuals affiliated with the “Security Belt Forces” at the Al-Hadeed checkpoint on the outskirts of Aden — and her subsequent denial of entry under the pretext of “traveling without a male guardian” — constitutes an unprecedented action with no basis in Yemeni law. This incident represents a blatant violation of constitutional rights and the legal protections afforded to women and citizens at large.

    SAM received a documented complaint from lawyer Al-Battati detailing multiple violations she endured, including gender-based discrimination, denial of her right to freedom of movement, and verbal and symbolic degradation of her dignity as both a citizen and a legal professional. Additionally, checkpoint personnel refused to speak to her directly because she is a woman, instead compelling the bus driver to pledge not to transport unaccompanied females — a dangerous overreach that undermines the rule of law and infringes on women’s basic rights.

    SAM emphasized that forcing a woman to stop at a checkpoint, refusing to address her directly, and conditioning her right of passage on the presence of a male guardian not only restricts freedoms, but institutionalizes a patriarchal authority outside the bounds of the law. Such conduct represents a direct assault on the spirit of civil governance, a blow to the principle of equality, and a disregard for women's rightful role in public life — even when that woman is a lawyer representing the very law being undermined.

    The organization highlighted that this act constitutes a breach of the Yemeni Constitution — particularly Article 41, which stipulates that all citizens are equal in rights and duties; Article 57, which guarantees freedom of movement; and Article 48, which affirms personal dignity and freedom. Moreover, SAM pointed to violations of international treaties, including Article 12(3) of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to movement without discrimination, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which Yemen is a signatory and which affirms a woman’s right to travel freely without male guardianship.

    The organization noted that the refusal to speak directly with the lawyer, the imposition of verbal undertakings without legal grounds, and the commander’s refusal to disclose his identity all constitute clear violations of Yemen’s Criminal Procedure Law, particularly Article 15, which states that "no restrictions may be placed on citizens' freedoms except in accordance with the law." These actions also contravene Law No. 15 of 2000 on the Police Authority, which entrusts the Ministry of Interior — not the military or paramilitary forces — with the administration of security checkpoints.

    SAM reaffirmed the urgent need to protect women from institutional discrimination, especially in public spaces, and to guarantee their right to travel and move freely without arbitrary constraints. These rights must be upheld in accordance with Yemen’s national and international obligations, foremost among them CEDAW and the ICCPR. The organization urged official bodies, civil society organizations, and citizens alike to reject this pattern of violations and to actively resist the re-emergence of practices that undermine the status of women and push the country toward dangerous regression under unfounded religious or customary justifications.

    SAM called on the Ministry of Interior to take a decisive stand by launching an urgent and independent investigation into the incident, identifying those responsible — whether they issued the orders or carried them out — and ensuring that those who violated the law or abused their authority are held accountable. Leniency in accountability only serves to legitimize and reproduce such violations.

    Furthermore, the organization urged all security and civil authorities to uphold constitutional and legal guarantees of freedom of movement and equality, and to avoid relying on personal interpretations or social customs as a framework for dealing with citizens. The state is not built on traditions — it is founded on the supremacy of law.

     


  •  
    © 2023 Sam Organization, Designed & developed by