Case 7:18-cv-06615-CS Document 39 Filed 10/31/18 Page 1 of 11

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

BROIDY CAPITAL MANAGEMENT LLC

and ELLIOTT BROIDY,

Plaintiffs,
Case No. 18-CV-6615-CS
v.

JAMAL BENOMAR,

Defendant.

DECLARATION OF JAMAL BENOMAR

I, Jamal Benomar, declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that to

the best of my knowledge the following is true and correct:

1. I am over 21 years of age, now 61, and have personal knowledge of the facts and matters

attested to in this Declaration. I am competent to be a witness to the facts and matters attested to

in this Declaration.

2. Originally from Morocco, I became a person concerned about and worked on human rights

issues at a very young age. As a student, I peacefully protested to oppose the then-repressive

government of Morocco. I learned early on that standing up for victims of government abuse comes

at a high cost.

3. I was arrested and while in secret detention sometimes tortured and imprisoned for a total

of eight years. While I was detained in prison, my father died. After many years, I was granted

political asylum in the United Kingdom, but I was still exiled from my native country and my

family.

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4. While in prison, I earned a bachelor’s degree and two master’s degrees from the University

of Paris. In exile, I continued my studies and received my doctorate from the University of London.

5. In 2005, while still in exile, my mother died. After nearly twenty years in exile, I returned

to Morocco for the first time to attend my mother’s funeral. As a former political prisoner, I was

offered compensation by the Government of Morocco, which I declined. Instead, I chose to focus

my efforts on continuing to promote accountability and peaceful democratic change.

6. I pursued my passion for standing up for victims of human rights abuses by working for

Amnesty International in London as an Africa researcher and team leader. I then joined the Human

Rights Program at the Carter Center at Emory University as the Director. I worked closely with

former U.S. President Jimmy Carter on human rights and conflict resolution.

7. In 1993, I joined the United Nations. During my career at the UN, I worked for the Office

of the High Commissioner for Human Rights, the United Nations Development Programme and

the Department of Political Affairs, and the Executive Office of the Secretary General. I also

served as the Interim Director of the Peacebuilding Support Office and as the Director of Rule of

Law in the Office of the Secretary General. I served both in the field and at the Geneva and New

York headquarters.

8. While working for the United Nations, I helped foreign governments develop and enact

laws to ensure compliance with their international human rights obligations. I also advised them

on governance, rule of law, and conflict-resolution issues. In this capacity, I assisted more than

forty governments in Africa, Latin America, the Middle East, Eastern Europe, and Asia, to ensure

that their laws, policies, and institutions are protective of human rights.

9. I devoted much of my career working in conflict countries, which are by definition some

of the most dangerous places in the world. While in these regions, I often took the lead negotiating

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with various armed groups for the cessation of hostilities and to promote disarmament and peaceful

participation in the political process.

10. While working for the UN, like many other devoted UN diplomats, I served conflict-ridden

and war-ravaged regions that put me in harm’s way. Twenty-two of my close colleagues were

killed in a suicide bombing of the UN headquarters in Baghdad on August 19, 2003. I was a

member of this team but was not present at the time. On other occasions, I was shot at, including

one incident involving an RPG that miraculously did not explode. In 2014, I was informed that I

was the most at-risk senior official in the UN because of the hostilities in Yemen, where I was then

serving. I had been personally identified as a target in several specific threats.

11. In 2002, I served in Afghanistan after the Taliban regime collapsed to advise on

governance issues. In early 2004, I returned to Iraq and provided advice on the establishment of

the interim government. I later served as the Secretary General’s Envoy to support the National

Dialogue Conference of Iraq, which elected a new interim parliament.

12. In 2005, I helped establish the United Nations Peacebuilding Commission and

Peacebuilding Support Office and served as its first interim Director.

13. In 2006 and 2007, I held many quiet and confidential rounds of talks with leaders of Iraqi

insurgent groups and successfully persuaded many to give up violence.

14. In 2011, I served as Special Adviser to the UN Secretary-General on Yemen. I helped

broker a transition deal in Yemen that prevented the country from the imminent outbreak of an all-

out civil war. I was commended for this effort in an official Security Council statement. This deal

was the only negotiated peaceful transition agreement in the context of the Arab Spring and was

hailed by the international community at the time as a model for the peaceful resolution of conflict

as well as a model for UN mediation. In recognition of my work in this regard, I was declared man

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of the year by the Yemen Times and was promoted on August 1, 2012 to the rank of Assistant

Secretary-General.

15. In 2013 and 2014, I was the lead mediator and facilitator of a ten-month-long Yemeni

national dialogue conference that eventually yielded a new governance system in Yemen. I also

supported and facilitated the work of an inclusive constitution-making process that produced a

draft of a new constitution. In this capacity, I worked to ensure that women had the opportunity to

participate effectively in both the national dialogue and in the constitution-making process. The

result was a progressive legal framework for democratic governance, human rights, and the

empowerment of women, including, most prominently, a provision that required that at least 30%

of the members of parliament and other state institutions be women.

16. Some leaders in the neighboring Gulf Cooperation Council (“GCC”) countries, including

a neighboring country where women were not even allowed to drive, were not pleased with the

prospect of democratic governance in Yemen. Democracy in Yemen implied political competition

and uncertainty of outcome. The UAE and some leaders in Saudi Arabia instead wanted to have

the final say on who would rule Yemen.

17. It is against this background that the UAE in 2012 began to pressure the Secretary General

of the UN to remove me from my position. The Secretary General declined to yield to the pressure.

Instead, I was promoted twice, first, as previously stated, in August 2012, to the rank of Assistant

Secretary General, and then, on January 1, 2015, to the high rank of Under Secretary General.

Security Council resolutions and statements adopted during my tenure from 2011 to 2015 routinely

commended, expressed appreciation of, or supported my efforts.

18. When the situation escalated and Houthi rebels marched on the Yemeni city of Sana’a and

took control of all the state institutions, in violation of all previous agreements and Security

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Council resolutions, most diplomatic missions left the country. I stayed despite the precarious

security situation and notwithstanding a demarche from the Saudis who urged the Secretary

General to instruct me to leave. I remained in Sana’a, fully engaged in my diplomatic efforts with

all sides of the conflict. After the house arrest of the Yemeni President by the Houthis, I engaged

in intensive negotiations for his release. He escaped in the midst of the negotiations. My efforts

yielded, among other things, the release of the Prime Minister and other ministers who were then

being held under house arrest.

19. Also at this time, when the United States government decided to evacuate all its Embassy

personnel, the Houthis blocked the passage of hundreds of Americans, including about a hundred

U.S. military personnel, and threatened to invade the U.S. Embassy compound. At the request of

the U.S. Ambassador, I met with the Houthis and obtained safe passage of the U.S. Ambassador

and hundreds of his staff. I led a UN security team that escorted the Ambassador and his staff

through numerous checkpoints controlled by the Houthi militia. I also secured guarantees from the

Houthis that they would not breach the U.S. Embassy. When the U.S. Ambassador was finally able

to leave Yemen, he texted me while taking off, “Thank you Jamal. You are a Hero.”

20. From early January 2015 through March 2015, I presided over a new round of an inclusive

negotiations process involving twelve stakeholders, including the Houthis. I facilitated

approximately 65 plenary and working group meetings and had approximately 150 bilateral

meetings with different political actors. The negotiations led to a new consensus and the parties

were very close to finalizing a comprehensive agreement—with core elements of a power sharing

agreement finalized. The only remaining sticking point was the future of the presidency.

21. During the four years I spent as Special Envoy on Yemen, I traveled to Yemen more than

three dozen times.

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22. On March 26, 2015, the Saudis and the Emiratis, with the support of Qatar, Bahrain,

Morocco, and other countries, suddenly and unexpectedly launched a military campaign to defeat

the Houthis and forces loyal to former President Saleh and install a government dominated by their

interests. By doing so, they prevented consummation of what many of us expected to be an

imminent agreement among the parties. I vocally expressed my opposition to interference by all

foreign powers in Yemeni politics and warned against the destabilizing consequences of this ill

thought-out military intervention. In taking this position, I had the full support of the UN Secretary

General.

23. Saudi Arabia and the UAE strongly criticized my position, but I refused to back off from

what I considered a principled position — consistent with international law and Security Council

resolutions. It is against this background that I stepped down from my position as Special Envoy

to Yemen.

24. In my final briefing to the UN Security Council on Yemen, in April 2015, I expressed

regret that despite my numerous reports on the systematic acts of obstruction by a number of

Yemeni leaders and groups, the Security Council did not act on my warnings more swiftly and

strongly. I also highlighted that war crimes may have been committed during the Saudi-led

Coalition bombing as there was evidence that the Coalition targeted civilians and civilian

infrastructure, such as hospitals and schools. I spoke about the need for an independent

investigation to ensure accountability for violations of international human rights and human rights

law. I explained to the Security Council that the Saudi-led military intervention effectively aborted

the conclusion of a Yemeni agreement. I highlighted to the Security Council that if the UN is to

continue to play a meaningful and constructive role, our main capital – integrity and impartiality

– must be preserved. The UN must continue to have the space to engage in dialogue with all parties,

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including controversial actors and groups. I stressed that Yemenis should be afforded the

opportunity to determine their future free from interference and coercion from outside forces.

25. Because of my position on Yemen, and based on my final briefing to the Security Council,

the Saudi and UAE governments mobilized their respective State media, both in print and on air,

against me. I received thousands of hate messages and even death threats as a result. I was once

harassed in the street in New York by a group of Saudi-Coalition supporters who videoed the

incident and widely circulated it on the internet. This orchestrated campaign continued for several

weeks.

26. In early 2017, I was informed that Crown Prince Mohamed Bin Zaid, the de facto leader

of the UAE, intervened with the UN Secretary General to urge him not to appoint me as the

Secretary General’s Special Representative to Libya.

27. Now that it is four years after the Saudi-led military intervention, I believe my position on

Yemen is vindicated because most foreign policy experts agree that foreign military intervention

in Yemen proved to be catastrophic. More than 10,000 civilians died; widespread war crimes have

been committed in the context of the conflict; and the country is now experiencing what many

people believe is the worse famine and humanitarian disaster in the world.

28. After stepping down as Special Envoy to Yemen, in late 2015 and 2016, I worked with

the Secretary General of the UN as the Under Secretary General for Conflict Prevention including

in Burundi

29. I have been privileged to work very closely with many governments around the world and

those with whom I have worked know that I am comfortable speaking truth to power. Throughout

my career, I advised on sensitive political issues and, at all times, upheld UN norms and values

and urged national leaders to resolve their disputes by peaceful means. I hope, and believe, I am

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known in the international community for my impartiality, my integrity, and for upholding UN

ideals. I have consistently tried to promote justice and the rule of law worldwide.

30. On July 1, 2017, I left the UN after twenty-four years of dedication to the work of that

organization. I was then asked to advise the Kingdom of Morocco by becoming an official in the

Kingdom’s Permanent Mission to the United Nations.

31. Since November 1, 2017, I have served as a diplomat with the highest diplomatic rank of

Minister Plenipotentiary at the Permanent Mission, as accredited by the Ministry of Foreign

Affairs and International Cooperation of the Kingdom of Morocco. As such, I have advised

Morocco and acted on its behalf on a wide range of foreign policy issues throughout this time. I

work in my position on a full-time basis in New York and, of course, traveling to Morocco and

other foreign countries as is warranted. I do not engage in any systematic trade or business activity

within the United States.

32. Among my responsibilities on behalf of Morocco has been to promote peace and dialogue

with others in the region in the face of unprecedented division that has its roots over many years

but which hit a flashpoint in 2017. Specifically, on June 5, 2017, Saudi Arabia, the UAE and other

Gulf States severed diplomatic ties with and imposed a blockade against Qatar. Press reports

suggest that the dispute was instigated by the UAE, which allegedly orchestrated a hack of Qatar’s

media outlets and attributed false statements to the Emir of Qatar. This was one of many issues

that I became involved with when I began my work at the Mission in November 2017.

33. Many countries, including the U.S., expressed concern because they recognized the

potential for this dispute to quickly escalate. The U.S. repeatedly called for a quick resolution of

the dispute, which threatened to lead to military conflict between some of the countries. Morocco

too was alarmed by the dangerous developments. Morocco’s interests often converge with other

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countries in the Middle East because a stable Middle East benefits all countries there. Knowing

my history of successful mediation, officials in Morocco requested my advice on how to end the

crisis. I proposed several ideas that could de-escalate the tensions.

34. In this capacity, and in recognition that a resolution of the crisis with Qatar and an end to

the war in Yemen would serve Morocco’s interests, I provided, as a Moroccan diplomat, foreign

policy advice to a number of regional actors, including Qatar, regarding how best to achieve a

peaceful resolution to these conflicts and the steps I believed were necessary not only to resolve

the blockade and bring an end to the war in Yemen, but, more generally, how to reconcile

differences among the states so that the region might enjoy a greater measure of stability and

harmony.

35. Morocco had initially participated in the Saudi-led bombing campaign in Yemen but

withdrew in 2016. Starting in 2017, I then worked with Morocco and its partners to promote a

peaceful resolution of the conflict. It is against this background that I maintained contact with all

the main Yemeni political actors and advised a number of regional and international actors, at their

request, and in close consultation and cooperation with the government of Morocco.

36. I hold a valid Diplomatic Passport issued by the Kingdom of Morocco, and I possess a

valid G-1 Diplomatic visa issued by the United States on 1 November 2017.

37. Starting after Elliott Broidy brought a lawsuit in California, my family and I became the

subjects of tremendous harassment. A car or cars would park outside our family house for long

periods, including at night. On June 23, 2018, while I was on international travel, a red car with

New York tags HGK 2676 closely followed my 18-year-old daughter from the moment she left

our house and proceeded to follow her for approximately 80 miles, from her running errands in

Westchester, New York, all the way to Highland, New York, where friends of her met her at the

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car and photographed the vehicle. Within a couple of days of this incident, a different red car

followed my 18-year old son while he ran errands in Westchester.

38. The acts of harassment intensified after the filing of the New York action, which included,

among other things, surveillance of my house, calls from a person who falsely claimed to be a

customer service agent of certain carriers or vendors asking for personal information and access

to our account information, and eventually sustained, repeated attempts to access my and other

family members’ phones, Amazon accounts and my Apple ID.

39. It was after harassing events occurred that I consulted with colleagues in the Government.

They expressed concern for my family and me, and it was suggested to me that we seek US

identification credentials to see if that could either help avoid, stop or respond to these acts of

harassment. The Permanent Mission then began the process of seeking such a credential.

40. In addition to the harassment, since the lawsuits were filed, but especially since the October

10, 2018 hearing in this matter, I have become the subject of articles, attack videos and news clips

published by media known to be arms of or sympathetic to the Kingdom of Saudi Arabia or the

UAE. Some of these articles or publications make false accusations about my work and

mischaracterize the allegations made by the complaint in this case. Anonymous sources are used

in some of these articles.

41. It is my belief that the harassment and the media campaign now being engaged against me

are the result of my work at the UN and as a Moroccan diplomat, and relates to some of the policies

I promoted while in those capacities with respect to issues relating to Yemen and the GCC

countries.

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Executed at New York, New York, this 31st day of October 2018.

Dated: October 31, 2018 By: /s/ Jamal Benomar

Jamal Benomar

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