Michigan – The American Center for Justice (ACJ) condemns the extrajudicial execution carried out in Habban District where the young man, Amin Nasser Bahaj, killed another member of his tribe, Basil Al-Marwah Al-Babakri. The perpetrator’s family handed him over to the victim’s family just hours after the murder, and the victim’s family executed him immediately, without any judicial process or formal state investigation.
ACJ emphasizes that this incident is not isolated. It occurs within a troubling pattern of revenge killings and the implementation of punishments through tribal means amid the prevailing chaos and weak law enforcement in Shabwah Governorate and several other areas of Yemen. This trend poses serious implications for community security and the rule of law.
ACJ asserts that carrying out criminal punishments outside the competent state institutions constitutes a direct violation of the principle of the rule of law and the state’s monopoly on punitive authority, a constitutional principle that underpins Yemen’s legal system. Both the law and the Constitution affirm that adjudicating crimes, determining responsibilities, and imposing penalties are exclusive powers of the judiciary. No individual or group is permitted to assume this role, regardless of motives or justifications.
The Center stresses that the spread of revenge practices and the execution of “judgments” through tribal means represents a grave legal deviation. Such actions undermine the principle of equality before the law, disregard due process guarantees, and create a reality in which power and tribal affiliation replace judicial authority. This approach does not achieve deterrence or justice; rather, it fosters a society where individuals take the law into their own hands, fundamental rights, including the right to life, are violated, and there is no judicial oversight or accountability.
ACJ calls on the Yemeni Public Prosecution to immediately open a comprehensive legal investigation into this incident, covering the initial murder and the subsequent extrajudicial execution, to determine individual responsibilities and refer all proven perpetrators to the competent judiciary in accordance with the applicable legal procedures. Silence or leniency by authorities in such cases encourages repetition, entrenches impunity, fosters chaos, and undermines the role of state institutions.
The Center emphasizes that restoring the authority of the law begins with a practical affirmation that justice can only be administered through state institutions. Any attempt to impose punishments outside this framework constitutes a direct threat to public order and human rights, requiring a decisive response from judicial and executive authorities to protect society and uphold its right to security and justice.
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