Palakkad: In the past eight months, Prema Kumari, mother of Kerala nurse Nimisha Priya who is on death row in Yemen, has met her daughter four times. Every time they meet, Nimisha Priya tells her she is fine. They vainly try to comfort each other. Prema hopes one day they can return home together. "She keeps telling me she’s well there. What else can she say to her own mother? God willing, we will be able to go back home together," Prema tells Onmanorama from Yemen.

Nimisha Priya, 34, imprisoned in Sanaa, Northern Yemen, is facing imminent execution for the murder of her business partner, Talal Abdo Mahdi. There was a lot of panic when Mahdi al-Mashat, the President of the rebel Houthis' Supreme Political Council, ratified her death sentence. Social workers, lawyers and members of the action council formed to secure a pardon from the family of the victim now pin hopes on a procedure that might give them a chance, a last one, at saving Nimisha Priya.

While the president has signed the execution order, there is no timeline for execution. This solely depends on the victim's family. The document has been sent to the prosecutor's office. The prosecutor will now ask for consent from the victim’s family. If they consent, Nimisha Priya will be executed, but if they pardon her, she will be set free. This is why attempts are now being made to bring the family back to the negotiation table. 

However, the process is complex. While Nimisha Priya's mother is in Yemen, her family cannot directly contact the Mahdi family; instead, intermediaries do the job. It was expected that the presence of the convict's mother at the negotiation meeting would add to the emotional plea. For months, Nimisha's relatives and supporters, including the members of Save Nimisha Priya International Action Council, have been in talks with the parties concerned to secure a pardon in accordance with Sharia law. As part of the process of pardoning the accused, all blood relatives of the deceased Talal Abdul Mahdi must consent, and tribal leaders must also be convinced. 

It is learnt that negotiation meetings happened thrice so far. Even a close family member reportedly agreed to give pardon, however there is not much to corroborate what was agreed in those meetings and why it has to be done all over again. People who were part of these meetings say that the information is too sensitive to be shared at this point. The focus is now solely on a final attempt at placating the family of Talal. 

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"They will now seek the Mahdi family's consent for the execution. If the family agrees, they will proceed with the death penalty. There is a slim hope of convincing the family to withhold consent, which could provide time for negotiations and potentially a pardon," said Samuel Jerome, a human rights activist and social worker based in Yemen, who holds the power of attorney on behalf of Prema Kumari. He has represented Prema Kumari at the meetings so far. 

There has been an apparent dissent among the members of the action council over the money that was raised to facilitate the negotiation process. It was even cited that delay in transferring an instalment derailed the negotiation process. 

A sum of 40,000 dollars was paid in two instalments as pre-negotiation money to facilitate the negotiation process. "After discussions with several officials, a budget for the pre-negotiation money was prepared," Jerome said. The Nimisha Priya International Action Council, formed in 2020, raised the money with the help of sponsors and the public. They sent the first instalment of 20,000 dollars. "Our lawyer advised against asking the council to send the full amount immediately due to problems in the current banking situation in Yemen. Only once the negotiations progressed did we request the remaining funds," Jerome added.

In July 2024, Nimisha Priya's lawyer in Yemen wrote to the Government of India, asking the committee to release the second instalment. However, the committee requested full details on how the first instalment had been spent. "We could not disclose the details due to its sensitive nature," Jerome said. The delay in sending the money caused the process to fall apart, and the victim’s family lost trust in the proceedings, he added.

Subash Chandra, a lawyer and member of the action council voiced his concerns in Onmanorama podcast 'Newsbrake'. "After eight months of waiting, when the council asked for the second instalment, disagreements arose due to the lack of details provided. However, on December 27, we sent the second instalment. It was a matter of life. There has been lack of updates and we don't know what happened," Chandra said.

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Diplomatic challenges add to the complexity of the case. “The Indian government has not formally recognised the government in Northern Yemen, further complicating diplomatic efforts,” explained Poornima B, a Middle East analyst. “While it can offer consular support and legal assistance and facilitate negotiations, it cannot interfere with Yemen’s legal system or override its judicial decisions, especially as India does not have an embassy in Yemen,” she said. 

Samuel Jerome further reiterated that direct negotiations with the victim's family are culturally sensitive and require careful handling. Diplomatic efforts are further complicated by the absence of an Indian embassy in Yemen, with only the embassies in Djibouti and Saudi Arabia serving as intermediaries, he said. 

"In May, the Indian government sent a letter to the government in Sanaa, requesting additional time to negotiate with the family. From May to December, they granted us time. Unfortunately, the negotiations fell apart due to the delay in releasing the funds," he added.

Subash Chandra said that there is a need to urge the Indian Government to bring the victim's family to the negotiation table. Any hope of securing a pardon now remains on the government's ability to bring the Mahdi family onto the negotiation table, he said. The members were not on the same page even regarding the visit of Prema Kumari to Yemen. Questions were raised as to why Prema was in Yemen if she can't talk to the victim's family directly.

"I was the one who requested that the mother be brought to Yemen for a direct appeal. The mother being there makes an impact on the negotiations. Although she cannot directly sit in on any of the meetings, as women are not allowed to do so in Yemen, she being there creates an impact," Jerome insisted. 

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Before the family takes a call on the court order, the action council hopes that they can convince the family to pardon Nimisha Priya, which will open up further discussions on blood money. "We are appealing with an apology to the Mahdi family. Our goal is to respect their feelings and proceed with utmost sensitivity. We remain hopeful for a positive outcome," Jayachandran, another member of the action council said.

Onmanorama sent an e-mail questionnaire to the Ministry of External Affairs (MEA) seeking comments on measures to facilitate negotiation, to ensure transparency in fund transfer and diplomatic challenges involved in the process. The article will be updated once a reply is received from the MEA. 

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