The lawyers of the victim, Abdul-Malik Al-Sanbani, revealed that the course of the case stumbled between the criminal court and the military court, he said.
Al-Sanabani’s lawyers explained the details of what happened in a statement that stated:
In the name of God, the most gracious, the most merciful
Press release on the case of the martyr Abdul Malik Anwar Al-Sanabani
In an accelerated development regarding the results of the investigation before the Public Prosecution in the murder incident that affected the same victim, Abdul Malik Anwar Al-Sanbani, we mention the following:
The incident of killing the martyr occurred on 9/8/2021 AD on Wednesday, and his dead body arrived at Al-Buraiqah Hospital (Al-Masafi), then he was transferred to the Al-Jumhuriya Hospital refrigerator – Aden in the same evening.
We submitted a complaint to the Tur al-Baha Public Prosecution Office on Saturday 11/9/9, who was kind and thankful to interrupt his vacation from a young countryside and returned to start the investigation according to the guidance and interest of the head of the Lahj Public Prosecution, Dr. Nasser Al-Bukari.
At the same hour and day on 11/9/9, the Public Prosecutor directed the Criminal Prosecution to initiate the investigation.
On 9/12/On Sunday, the Head of the Specialized Criminal Prosecution himself began to open the investigation report and hear the complaint from the victim’s father and issued a number of decisions regarding the presentation of the victim’s body to the forensic doctor – the presentation to the criminal evidence in Aden – ordering the Lahj Security Department to submit a report on the scene The crime with the minutes of gathering evidence and sending the accused to the prosecution to hear their statements regarding what was attributed to them.
On 9/19 on Sunday, the Chief of the Criminal Prosecution held an investigation session, opened the report, and confirmed the report of the forensic doctor, who gave us a copy of it consisting of two pages. We present evidence for the next session.
On 9/23/Thursday, the report was opened by the Chief Prosecutor for the purpose of confirming our demand for a copy of the photographed and written forensic report, and the father of the victim asked to issue a permit to bury the body of the martyr when the family and the lawyers team decided, where the Chief Prosecutor decided in the record to authorize the burial of the body and promised his lips to deliver us a copy Which affected her in the session.
On Monday 9/20, we visited the Governor of Lahj, Major General / Ahmed Abdullah Turki, to see the procedures of the committee formed by him for the case of the martyr Al-Sanabani, who met us with a standing ovation, along with the governor of the governorate, Mr. What happened is what is implicitly understood as that their ability lies in the attempt only. During the meeting, we presented them with a commentary note from the prosecution for the second time, No. (65) and dated 9/19, where the governor ordered the same day to arrange a meeting with the formed committee to find out the latest developments.
On Wednesday 22/9, we visited the headquarters of the Transitional Council to urge them to hand over the accused, where we met Dr. Ahmed Hassan, one of the advisors, and Dr. Saleh Al-Marfadi, a member of the legal department of the Council, where he conveyed the condolences of the President, Aidarous Al-Zubaidi, apologizing for meeting us due to his preoccupations. He stated that the Council The STC, as it seeks to establish a state of law and order, will not allow such a crime, and it strongly condemns it. As a result, he stated that the Military Prosecution began an investigation.
On Friday 9/24, we were informed of the suspension of the permit to hand over the body of the martyr by the Military Prosecution.
On 27/9 on Sunday, we went to the Criminal Prosecution on schedule in order to obtain the photo report and the written report and to present what we have of evidence, but the Chief of the Criminal Prosecution received us, unusually, by rejecting our request, arguing that he had received a note from the Military Prosecution that provided us with a copy of it asking him to refer the case papers to it in application of the term of competence.
By reviewing the memorandum of the Military Prosecution bearing the number (PO.2021) dated 9/25 on Saturday, addressed to the Chief of the Criminal Prosecution, in which it was stated that it is based on the decision of the committee formed by the Governor of Lahj and the decision of the President of the Transitional Council, where it was decided to refer the case to the Military Prosecution as it was determined The memo is the number of accused soldiers (five individuals) as stated on page (1), line (6), and the memo concluded by urging the head of the criminal prosecution to be informed, lack of jurisdiction, and to refer the papers to the military prosecution to proceed with the investigation procedures and act according to the law – signed by the judge, the first public defender. Fadl Muhammad Qaid al-Jubani – seal of the head of the Military Prosecution – Fourth District…
The legal team submitted a response to that memorandum and explained in its response all the legal violations committed by the Military Prosecution.
Regarding these procedures, we note the following:
The legal team affirms that the case is proceeding with determination and steadfastness towards the application of the law and the achievement of justice. The Public Prosecutor and a clear violation of the rules of specific jurisdiction in the investigation derived from the Procedures Law, the Code of Criminal Procedure and the instructions of the Public Prosecutor.
We call on all local and international human rights and human rights organizations to support the cause and stress that the judiciary is the only way to achieve justice.
We affirm that the case of the martyr victim is not politicized, and that our demand is to achieve justice and nothing else. You are righteous” (Al-Baqarah: 179).
We assure that our criminal case is directed against those who committed these heinous acts and not against a tribe or any military authority or any region or any political party and that the criminal responsibility is personal and is limited to the accused without their equal.
We thank all the living consciences of the people of Yemen, east, west, north and south, for their abundant feelings. We also thank the efforts and feelings of our expatriate brothers in all countries of the world.
And God is true to the truth and He is the best of witnesses,,,,,
It is noteworthy that the case of the murder of the slain Abdul-Malik al-Sanabani aroused Yemeni public opinion of its ugliness, as al-Sanabani was kidnapped, tortured and killed by soldiers affiliated with the Southern Transitional’s 9th Sa’iqa Brigade.