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Monday, 09 July 2012
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To: Ms / Patricia O’Brien - Legal Counsel of the United Nations

Subject: - "An urgent request of the Secretary-General of the United Nations for the approval to form an international investigation committee in the crimes of the terrorist attack on the Yemeni presidential mosque that happened on June 3, 2011, as well as the terrorist attack that took place in the seventy meter field on May 21, 2012, as a matter of equality ideals and guided by the role the United Nations has played in the assassination of the president, "Rafik Hariri" in Lebanon, in which the circumstances of these two crimes are quite similar, and the implementation of the international legitimacy resolutions.

Beginning the undersigned non-governmental civil society organizations, present you purer greetings and wish you continued success in your work, and has the honor to submit to you the above request in hopes of gaining your help the fact that you are the legally competent body to study this request and submit it to the Secretary General of the United Nations for adoption, and the fact that crimes of terrorism that strike Yemen has become international terrorism crimes under the international legitimacy resolutions, which condemned it in text..

Based on that, and on the basis of international legitimacy resolutions and international humanitarian law and international conventions and regional treaties issued on Yemen and on the basis of our belief in the absolute necessity for the United Nations commitment to the principle of equality among nations and to take unified legal standards on all the crimes of terrorism similar to the conditions and circumstances that occur around the world, and due to the inability of the judicial organs and the Yemeni government on the implementation of the decisions of the international community during the last period, we present to you our described above request, which is based on the following facts and legal grounds and justification: -

Introduction:
- since the beginning of the nineties of the last century and even now Yemen have been facing hundreds of crimes, bombings and terrorist attacks that claimed the lives of thousands of Yemenis and foreigners alike. It was apparent that a large part of those continued and systematic terrorist operations had a link to multinational and cross-border terrorist organizations, most notably al-Qaeda in the Arabian Peninsula and in coordination and partnership with local Yemeni parties that include leaders and political, religious and social parties and high military parties in the state and the Yemeni society as demonstrated recently, and most of these terrorist crimes aimed at killing and terrorizing innocent people in order to establish their common obscurantist project and which they called of "Islamic Caliphate State", as a global project that will create an environment suitable for the continuation and growth of obscurantism backward religious groups and to achieve its interests in the governance of Yemen and thus disturb international peace and security. And these international terrorist groups has deliberately proceeded since the early to damage the security and stability of Yemen and the undermining of public order and hit the national economy in the context of a systematic plan led to the exhaustion of the state and hit its weak abilities. After the first half of the nineties of the last century witnessed a series of small attacks carried out by extremist terrorist groups, that targeted shrines and weddings houses and Western embassies, hotels and tourist facilities, these years and until the year 2011, and 2012 has seen broad activities for the international and local terrorism forces in Yemen, taking advantage of the poor internal political conditions to get to achieving their above-mentioned joint criminal goal, and within it was the implementation of hundreds of horrific terrorist attacks that claimed the lives of thousands of innocent civilians dead and wounded.
First, monitoring of the most prominent terrorist crimes that have occurred in Yemen and has not been investigated in, and we monitor the most important of it in the following crimes:

* On June 3, 2011 the terrorist gangs committed the terrorist attack crime on the presidential mosque of Yemen in Sana'a that killed 15 people and wounded more than 250 people that are senior leaders of the Yemeni supreme state while performing Friday prayers inside the mosque, and still most of the wounded are receiving treatment in hospitals abroad, and at the head of the victims of this terrorist incident was the former President of the Republic of Yemen, Ali Abdullah Saleh and Ali Mohammed Mujawar, Prime Minister of Yemen, and Yahya Ali Al-Raei head of the Yemeni Parliament and with them a number of senior leaders of the Yemeni state, while on top of the dead in this attack he was the former President of the Consultative Council of Yemen Abdul Aziz Abdul Ghani, and this terrorist incident condemned by the international community unanimously in the resolution 2014 adopted by the UN Security Council that unanimously called for prosecution of the perpetrators and bring them to justice, but nothing of that decision has not been implemented until now?.
* Genocide Crime of terrorism perpetrated by al-Qaeda terrorists in the Arabian Peninsula on May 21, 2012 in the seventy meter field in Sana'a, and by a suicide bombing which led to the killing of about 115 people and infected nearly three hundred others, all unarmed, and members of the Central Security Force of Yemen who were in the middle of the seventy meter field in Sana'a on May 21 doing rehearsals for the purpose of the military parade to celebrate the National Day of Yemen on May 22 of each year, and this terrorist incident condemned by the international community unanimously in resolution 2051 adopted by the UN Security Council and that called for prosecution of the perpetrators and to bring them to justice ..
* A car bomb explosion in January 16, 1997 in the governorate of Aden .. The investigations has shown that there is a destructive network behind the incident led by a person of Spanish nationality - Syrian origin - called Nabil Nanakli, it had intended to carry out the assassination of a number of Yemeni officials and carry out acts of sabotage against the public and foreign interests in Yemen.
* A terrorist attack that occurred in July 2, 2007, targeted a convoy of tourist consists of 4 cars carrying Spanish tourists in the province of Marib, Yemen which killed 8 and injured 5 of the Spanish tourists, and the attack has led to the death of two Yemeni drivers of the convoy vehicles and wounded two others, and injuring a number of security men who were guarding the tourists..
* A terrorist group calling itself the “Islamic Army of Aden-Abyan " in December 28, 1998 kidnapped 16 Western tourists and killed four of them in Abyan province.
* A group of al-Qaeda terrorists blew up the U.S. destroyer (U. S. S. Cole) in Aden Port on October 12 by a bomber boat, which led to the deaths of 17 sailors and injuring 28 of the Americans, in addition to the spoilage of the U.S. destroyer and bringing extensive damage to it
* A terrorist cell blew up the French oil tanker (Limburg) in October 6, 2002 near the Dhabbi port in the province of Hadramaut by bomber boat. This led to the burning of the tanker and the death of one person and wounding 17 others. A number of suspects in the case of the attack on (Limburg) have been arrested and the court convicted and sentenced a number of them to prison for periods ranging from 10 - 15 years..
* A terrorist cell assassinated Mr. Jarallah Omar Assistant Secretary General of the Yemeni Socialist Party that was shot by a leader from the cell named Jarallah Al-Sauani in Sana'a in December 28, 2002 while attending as a guest at the General Conference of the Islam party which the killer Al-Sauani belonged to.
* The named Abed Abdul Razak Mohammed in the December 30, 2002 assassinated three American doctors and wounded a fourth an American doctor also, who were working in a hospital in Jibla of Ibb governorate. The perpetrator was arrested and sentenced to death by a court and was executed.
* On January 18, 2008, a terrorist cell killed two Belgian tourists and the Yemeni driver who was with them, when the tourist’s convoy came under fire by the terrorists in the «Alahjrien» Hadramout province, and a Belgian tourist and two Yemenis were wounded in the incident, one driver for tourists and the second was a tour guide.

Secondly - The justifications for the request to open international judicial investigations in the most heinous terrorist crimes that have taken place in Yemen.

1 - previous resolutions of the international community to establish international investigation committees and international courts, especially in terrorist crimes similar or less weight and size compared to what happened in Yemen, and most prominent is the Security Council resolution and the United Nations to establish an international investigation committee and a special international tribunal for the crime of the assassination of the former Prime Minister of Lebanon, "Rafik Hariri, "while the victims of the terrorist incident at the presidential mosque of Yemen in June 3, 2011, were the elected Yemeni President and the Yemeni Prime Minister and former speaker of parliament and Shura Council Speaker and senior leaders of the Yemeni supreme state, not to mention the hundreds and thousands of victims of , the other crimes of terrorism that took place in Yemen .

Framework 2 – The deficit and failure of the Yemeni judiciary to open any transparent investigations in those heinous terrorist crimes that took place in Yemen, as stated in the international legitimacy resolutions because of the sharp political conflict in the country.


- It is worth mentioning that the most prominent heinous terrorist crimes with "international character" that were committed in Yemen and claimed hundreds dead and wounded during the crisis period shows that it has a link to an international cross-border terrorist organizations, most notably the terrorist attack crime on the presidency mosque of Yemen in June 3, 2011, which killed 18 people and wounded more than 250 people that are still mostly treated in the hospitals abroad, and at head of the killed in the incident was, the former Prime Minister of Yemen, Abdul Aziz Abdul Ghani and a number of senior leaders of the Yemeni state, while at the head of the injured in this crime was the former President of the Republic of Yemen, Ali Abdullah Saleh, President of the Council of Ministers d | Ali Mohammed Mujawar, and Yahya Ali Al-Raei head of the Yemeni Parliament, and a large number of leaders of the Yemeni Supreme state, while the last heinous terrorist crimes to the international al Qaeda in Yemen is a crime of genocide committed by this organization by a suicide bombing affiliated to it in the middle of a large gathering in Sana’a that killed about 115 people and wounded nearly three hundred people, all unarmed, and members of the Central Security Force of Yemen that were in the middle of the seventy meter field in Sana'a on May 21 and as they were doing rehearsals for the purpose of the military parade to celebrate the National Day of Yemen on May 22 /2012, note that both these terrorist crimes were condemned by the UN Security Council in its resolutions 2014 and 2051 and considered it as terrorist crimes and demanded to trial who stands behind them .

-. Reality proved that the state of weakness and disability that the Yemeni judicial system is currently suffering may have contributed to the increase in the systematic genocide crimes of human race in Yemen and committed by the multinational and cross-border""Al-Qaeda terrorists in the Arabian Peninsula and in most areas of Yemen controlled by it, or can get access to it, and thus the fall of hundreds or even thousands of innocent civilians on a daily basis and non-stop, where this terrorist organization adopts the responsible for most of the murder crimes and extermination of hundreds or even thousands of innocent civilians and killing of women and children and members of the Yemeni army, systematically and continuously, without interruption, in addition to its responsibility for the commission of the other most heinous violations of human rights committed by elements of the organization of terror against civilians in areas controlled by it in Yemen, and the reason for the increase of the activity and the size of al-Qaeda terrorists in Yemen is due to several factors, most notably the enjoyment of the elements of this terrorist organization of security and impunity and weak mechanisms for effective prosecution , as a natural result of the terrorists in exploiting the repercussions of the Yemeni crisis, and the political and security chaos left by it, which reflected itself on the Yemeni judiciary that was in a state of paralysis and fully weakness towards the crimes of terrorism in particular, and therefore unable to track down and follow the terrorists gangs and bring them to justice, and perhaps the last terrorist crimes of al Qaeda in Yemen is a crime of genocide atrocities committed by al-Qaeda in the Arabian Peninsula, which killed about 115 people and injured an estimated three hundred people, all of them members of the Central Security Force of Yemen who were in the middle of seventy meter field in Sana'a on May 21, 2012 while they were preparing to do rehearsals for the purpose of the military parade to celebrate the National Day of Yemen on May 22, and the terrorist organization adopted the responsibility of committing the mass massacre in the province of Abyan in a surprise attack on an army camp in the Yemeni province of Abyan and this heinous terrorist attack resulted in killing about 208 men of the soldiers slaughtered with sharp knives as the pictures and reports showed, while the victims were asleep in their camp In a relaxed state and the attack has also led to the injury of about a hundred people and imprisoning of dozens of soldiers, and before that this terrorist organization of international and local partners committed the treacherous attack on the presidential compound mosque in Sana’a on June 3, 2011, which led to the killing and wounding of hundreds of Yemeni citizens who were inside the mosque and at the head of the dead in the incident was the Prime Minister of Yemen as at the head of the wounded and injured in this crime, was the former President of the Republic of Yemen Ali Abdullah Saleh and along with him, dozens of senior leaders of the Yemeni state were wounded.

- Most of the investigations and preliminary information held in all the former terrorism crimes that took place in Yemen - proved definitely - the participation and involvement of Yemeni well-known leaders accused of participation, incitement and funding of al-Qaida in the Arabian Peninsula, which receives large material and moral support from some countries and foreign organizations , as it also proved that they all contribute to the formation and management of multinational and cross-border terrorist gangs that are accused of terrorist offenses in Yemen and the world, which means that the crimes of terrorism that have taken place in Yemen previously had an international and local link, and therefore it will be difficult - or impossible – for the local Yemeni judiciary and especially in light of the current situation the its bad experience - and for the foreseeable future - to achieve justice for the victims of crimes of terrorism or to consider the circumstances of the crime gangs of international terrorism alone and in its potential and capacity, in addition to its clear lack of experience and qualification and because it had never taken Consideration of such international, cross border terrorist crimes in terms of size, type, or internal and external link, as is the case in its clear inability to view the terrorist attack crime on the presidential mosque of Yemen in June 3, 2011, where the Yemeni judiciary who viewed this crime could not take any effective judicial procedure so far, - and in our view - will not be able to work anything in the future both in this terrorist crime or other, for several reasons and challenges facing it, such as realistic challenges, including the technical as there is no room to talk about it now, despite the fact that this terrorist crime has represented the most powerful flagrant violation of security and international peace at regional and local levels by the terrorist forces that carried out or participated in it, where the international community As a whole for the first time in its history to condemn and denounce this crime, with international consensus in an uninterrupted occurrence, and even described it as serious terrorist act, by the decision of the UN Security Council number "2014" issued about Yemen ..

Third, the legal grounds for the request:
- On September 29, 2011 the international community issued the first of its decisions on Yemen, by a decision of the Human Rights Council of the United Nations number, (A/HRC/RES/18 /), a decision that affirmed working by the recommendations of the report of the mission of the Office of Commissioner that was assessing the situation, who visited Yemen in the period from July 27 to August 6, 2011, which proved in its report the weakness of the Yemeni judiciary and its inability to provide justice for victims of human rights violations that occurred during the period covered by the mission, and according to the description provided in the recommendation - b - of the report of the UN Mission for the international community on the following: - "to promote an open international investigation into the most heinous crimes which resulted in heavy losses of lives and property during the crisis that took place in Yemen."
- On October 21 / 2011 The UN Security Council issued a decision number "2014" for the year 2011, which was adopted unanimously at its 6634 meeting, on 21 October / 2011, and the text of the resolution is as follows: "Condemning all attacks, terrorist and other targeting civilians and the authorities, including attacks aimed at undermining the political process in Yemen, such as the attack on the presidential compound in Sana’a on June 3, 2011.
Also expressing deep concern over the increasing threat posed by al Qaeda in the Arabian Peninsula and the threat of new terrorist attacks in parts of Yemen, Reaffirming that terrorism in all its forms and manifestations is one of the greatest threats to international peace and security and that any acts of terrorism are criminal and unjustifiable whatever the motives were.... "
- On March 21, 2012 The Second Assessment Report of the Mission Office of the High Commissioner for Human Rights was issued, who visited Yemen in the period from December 20 to 27, 2011, and which proved the absence of any real progress on the ground from the Yemeni government and the parties to the conflict with regard to improving the situation of Yemeni judiciary to do justice to the victims of violations, and according to what the recommendations of the previous mission and previous Security Council resolutions has stated, and all the recommendations of this assessment mission has been approved in the (19th) session of the UN Human Rights Council in Geneva on March 21, 2012, where the recommendation - b - of the report stated on the following: - "to promote an open international investigation into the most heinous crimes which resulted in heavy losses of lives and property during the crisis that took place in Yemen."
- On Tuesday 12 - June - 2012 the Secretary-General of the United Nations for Humanitarian Affairs in New York issued the United Nations annual report on the rights of children and armed conflict around the world. - The text of the report and the UN list of shame is the following link:
http://www.un.org/children/conflict/_documents/A66782.pdf
http://www.un.org/children/conflict/_documents/AnnexII.pdf
This UN report provides an overview of the situation of children in conflict zones and the measures taken to protect them -. The report revealed the so-called "list of shame", a list of internationalist certified by the United Nations and it reveals the most prominent names of the parties and persons who have violated the rights of children in their countries systematically through the recruitment and use of children in armed conflict, and attacks on schools and hospitals, the report recommends the need to prosecute violators of children's rights and their interrogation in front of international courts and local communities, the fact that they until the issuance of this report they were not subjected to for any investigations or serious action in their own countries due to the weakness and fragility of the local judiciary in their home countries on the prosecution of those persons before it and this is the reason for their inclusion in the internationalism list of shame and so that these criminals do not escape from their punishment, considering that they may have committed or participated in the commission of war crimes and crimes against humanity against the rights of children in their countries according to the evidence gathered by the United Nations and the report and the list was based upon and in accordance with international law.
- On June 12, 2012 the Security Council Resolution No. 2051 on Yemen was issued at its 6784 meeting, on June 12, 2012 and was adopted unanimously, where the text of the above resolution at the beginning of its considerations stated on the following: "expresses its deep concern about the security situation in Yemen and the continuation of terrorist attacks there , especially at the hands of al Qaeda in the Arabian Peninsula, Reaffirming that terrorism in all its forms and manifestations constitutes one of the gravest threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, whatever the motives were.
The "Security Council" condemns all attacks, terrorist and non terrorist, targeting civilians and infrastructure for supplies of oil, gas and electricity, and the legitimate authorities, including attacks aimed to undermine the political process in Yemen, including the attack that took place in Sana'a on 21 May / 2012. "... as in another paragraph of the above UN Security Council resolution state: reiterating the need for a thorough investigations, independent, impartial and to meet international standards regarding the alleged occurrence of the acts of violation and abuse of human rights, the interest of ensuring subordination of full accountability...

Fourth, The final conclusions
- The adoption of the United Nations and all its bodies, most notably the UN Security Council and the Human Rights Council - since the beginning of the crisis of Yemen – for a large number of decisions, reports, surveys that detected and diagnosed the situation in Yemen in general by independent international and impartial experts of the United Nations and its various organs, and the latest of which was the report Assistant Secretary-General of the United Nations annual report on the status of children's rights in the world and Yemen, including, which report cited the above-mentioned names of people and certain destinations in themselves as the leading violators of children's rights in Yemen during the crisis and thus was included in the UN list of shame, all of those decisions, reports of the UN issued regarding the status of Yemen's proved the state of deficit and paralysis of the Yemeni judiciary system to do its own investigation of the most heinous human rights violations and heinous terrorist crimes that took place in Yemen during the political crisis which is condemned by the international community unanimously, and not only that, but that the content of such international resolutions lead to the result of the inability of the Yemeni government - and all of its current systems and bodies- in the implementation of the above international legitimacy resolutions, and in particular investigations in the human rights violations that took place in Yemen during the previous period, according to what is stated in the former international legitimacy resolutions, although the government had previously committed to implement it following the issuance of the resolutions, but that was only a formality, while it was not taking any practical steps for those decisions on the ground so far and without any legal justification.
- The judicial system of Yemen as it now stands does not meet minimum international standards that are required for effective management of justice, particularly when it comes to providing justice for victims of gross violations of human rights of Yemenis, particularly victims of heinous terrorist crimes and condemned by the international community and demanded the trial of its actors., For several reasons including: the deterioration of the security situation in the country, which led to the hierarchy control of the forces of the traditional "tribal and religious extremists and the military" on the general situation and its impact on the judiciary, and ineffective way in which the investigations are conducted in light of the prevailing political and security environment, and the lack of supervision of civil society - and the ineffectiveness of supervision if any, and all these factors combine to frustrate any efforts towards achieving justice for the victims. And therefore the Yemeni civilians victims access can not to justice through the legal based Yemeni system which could not protect itself now as we have said, how will it provide protection to others.
It is noticeable that a number of terrorist crimes and serious violations of international law, as documented in this report and other reports, were the result of decisions or actions taken by the leaders in those "traditional tribal and religious extremist and armed dissident forces " as well as leaders of political opposition and leaders of civil and military authorities of Yemen and in partnership with international terrorist gangs cross-border and multi-national, "such as Al Qaeda in the Arabian Peninsula, for example."
. In light of the fact that there are a large number of violations of international law committed in accordance with the terrorist systematic and planned policies internally and externally, as what happened in the crime of bombing of the presidency mosque of Yemen, a terrorist incident, condemned by the UN Security Council Resolution No. 2014, and after it the terrorist attack on the security soldiers during the military rehearsals in the seventy meter field on May 21, 2012 and condemned by Resolution 2051 issued by the Security Council, and that there is clear evidence indicating an intention to commit such crimes for political motivations, illegal, and the terrorist organizations, international and local are accused in it, but the Yemeni judiciary investigations so far in this terrorist offenses were in its entirety is unappropriate, but, weak and ineffective and did not reach to something so far, any serious investigation should be investigating the systematic violations, particularly crimes of terrorism, in particular, and with those who have placed and incited and carried it out.

- Under all these circumstances, the Association consider the measures taken by the Yemeni authorities with no meaning for the purpose of holding the perpetrators of terrorist crimes and serious violations of international law accountable, and believes that it must be more committed to fulfill the responsibility for protecting the rights of victims of terrorism and gross violations, a responsibility that comes at the core of the international community authorities in keeping international peace and handled by the United Nations and in partnership with the Yemeni authorities in order to achieve justice for victims and ensure justice and prevent impunity from punishment for criminals and terrorists, whoever they are.
- In the context of the growing shake from the unwillingness of the Yemeni judiciary to open criminal investigations that comply with international standards, the Association supports the reliance on universal jurisdiction as available means to the Yemeni government and the international community to investigate terrorist crimes that took place in Yemen and in accordance with the international legitimacy resolutions and regional conventions relevant to Yemen and conditions and crimes established by those decisions, through the establishment of a common international judicial mechanism, and in the formation of an international investigation committee and a special criminal court in Yemen specialized in the investigation and consideration of the most heinous terrorist crimes that took place in Yemen in 2011 and till now. The Association sees that the introduction of this mixed system is best suited to Yemen to take in these violations and terrorist crimes that took place when and where it is mingled with the local and international, for the simplicity of this judicial system "common" and not to its complexity.
- The adoption of the international community to the above request and its logical justifications requires its immediate intervention as we have mentioned, and its intervention in this case would be an interference necessary to protect the rights and freedoms of Yemenis in general, "people and State" and those who suffer from a case of drowning is inevitable in the swamp of terrorism, international and domestic, who kill them every day and everywhere, where the reality of Yemen is currently imposed on the world's humanitarian immediate intervention to stop the series of systematic crimes of genocide of human race faced by Yemeni from gangs of al-Qaeda terrorist non-stop, and the issuance of this international resolution will be to ensure stopping the crimes of the terrorists and to achieve justice for victims. At the same time the protection of international peace and security, regional and local, as this comes at the core of the United Nations and the Security Council legal terms of reference, and the other would be to ensure an adequate and effective implementation of the international resolutions issued on Yemen, and not only that but it will be a sufficient guarantee for the achievement and the return of security and stability and peace in Yemen, as well as at regional and international levels on the other hand, it will reflect the extent of solidarity and international community's partnership with Yemen in the fight against terrorism through participation in creating a judicial mechanism common and effective to pursue and track the activities of all the terrorists involved in all the crimes of terrorism ( either local or international) and bring to justice and to ensure that they get no impunity ..
The Yemeni undersigned civil society organizations, appeals to you to see the above request and justification, and is waiting for positive response with appeals to save the security and stability and the unity of Yemen through the speed of international judicial investigations into all the crimes of terrorism that took place in Yemen as the above mentioned justification and reasons, as this decision would be the best mechanism for effective international and national and joint counter cross-border anti-terrorism and to ensure effective international and local partnership in the pursuit of terrorists involved around the world and ensure that they get no impunity, and so as not to sink Yemen in the swamp of terrorism while the international community watching it.

Please accept my sincere regards and appreciation...

Lawyer / Mohammed Ali Allawo

Request providers from the Yemeni non-governmental civil society organizations, signed below:
1 - Maonah Association for Human Rights and Immigration
2 - April 27 Organization to raise awareness of democracy and human rights
3 - Shamar Organization for Democratic Development
4 - Saba Foundation for Peace and promotion of human rights and development
5 - Civil Alliance for Peace and defend the rights and freedoms
6 - The coalition of Yemeni civil society organizations "partners"
7 - The Alliance of civil society organizations "Unite”

The following links shows the mass murder and the effects of the two crimes and the crime scenes.
http://www.maonah.org/maonah/news-573.htm
http://www.maonah.org/en/news-205.htm
http://www.facebook.com/media/set/?set=a.427957010561378.100703.427924017231344&type=3
http://www.facebook.com/media/set/?set=a.427971683893244.100705.427924017231344&type=3
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