(ACJ): The executive power in Sana'a must implement the ruling to enable those excluded from taking the exams of Judicial Institute
  • 2023-12-30

    Michigan - The American Center for Justice (ACJ) said that the executive power in Sana’a, represented by the Ministry of Justice and the Higher Judicial Institute, is required to ensure the implementation of the Administrative Court’s ruling issued on December 5, which obligated the Judicial Institute to enable students who were excluded from taking the institute’s entrance examinations and to enable them to complete the differentiation procedures for that exam.

    In this context, a group of male and female applicants who graduated from the Faculties of Sharia and Law in Sana’a held a protest in front of the Ministry of Justice to demand the implementation of the Administrative Court’s ruling, which obligated the Judicial Institute to enable them to undergo differentiation procedures and take exams. The protectors carried banners reading: “Justice is the basis of the rule,” " A person can't give what he doesn't have” and “Whoever teaches us the law rejects the rule of law,” as an expression of their rejection and dissatisfaction with the failure to implement the judicial ruling issued in their favor.

    During the past month, the Houthi group, which runs the Judicial Institute in Sanaa, excluded about (1,000) male and female applicants with academic qualifications and top students in the faculties of Sharia and law, in addition to the complete exclusion of female groups without any legal reason or justification and without subjecting them to any of the differentiation stages stipulated in the legal texts.

    The American Center for Justice (ACJ) noted that it received dozens of complaints - at that time - from male and female graduates of the College of Sharia and Law who applied to register at the Judicial Institute in Sana'a and who were excluded despite meeting all admission requirements. The ACJ pointed out that the institute's administration run by the Houthi group issued its decisions without any proper legal justification.

    The ACJ issued a statement expressing its condemnation and rejection of excluding students on November 28, 2023. The ACJ also indicated the data obtained showed that the administration of the Judicial Institute in Sana'a selected (205) applicants, all of them male, who were selected based on recommendations by supervisors of the Houthi group. These applicants were selected on sectarian grounds and on the condition of loyalty to the group. The center stressed that this exclusion constitutes a blatant violation of the objective standards the Institute has repeatedly adhered to over the past years since its founding. 

    It must be emphasized that the decision to exclude applicants is a disturbing violation of the principle of the rule of law, equality, and equal opportunities guaranteed by the Yemeni Constitution for all Yemenis, in particular Article 41, which stipulates that “All citizens are equal in public rights and duties.” Also Article (25), which affirms that “Yemeni society is based on justice, freedom, and equality in accordance with the law.” The ACJ stressed that depriving women of the right to hold a position in the judiciary is a serious violation of the rights of Yemeni women guaranteed by the country’s constitution in Article 31, and the decision contradicts the CEDAW Convention, which Yemen has ratified.

    The American Center for Justice (ACJ) expresses its absolute rejection of not implementing the Administrative Court’s ruling to enable excluded students to take the Judicial Institute exams. It also urges the judicial authority represented by the Ministry of Justice and the Higher Judicial Institute to implement the court’s ruling and enable graduates to complete the application procedures without any sectarian considerations and the necessity of respecting the freedom, dignity and rights of all Yemenis without discrimination based on gender, loyalty, race or affiliation