The main purpose of this study is to evaluate the degree to which trials at the Specialized Criminal Courts are considered fair, based on the concept and criteria of “fair trial” as specified under international human rights law and Yemeni law.

This report constitutes a specialized legal study that aims—from a theoretical lens—to clarify the concept of fair trial and its basic premises, and legal guarantees, in accordance with international and national standards. It aims to clarify the role of the judiciary—represented by courts of all kinds and levels—in protecting human rights and fundamental freedoms from abuse by state authorities under normal and exceptional circumstances. Practically, the study aims to define the legal nature of the Specialized Criminal Courts in Yemen, and to explain how they were established and organized. The study also examines whether these courts would be considered ordinary judiciary or whether they are extraordinary and illegal courts according to the Yemeni constitution . The study also aims to evaluate the performance of these courts and to verify the extent of their respect for the rights and guarantees of the accused through their practices (i.e.: through the cases that were considered before them and their rulings during the period from 2015 to 2020, which is the timeframe for the study).