Yemen: Three detained by security forces under the pretext of the ‘war on terror'
On 28 May 2010, Alkarama sent their case to the Working Group on Arbitrary Detention, requesting its intervention with the Yemeni authorities, in order that the detainees be put on trial or released.
Ibrahim Ali Mathni Al-Nawar, 25, is a student living in the capital Sana'a. On 17 December 2009, Political Security officers raided his home and carried out a warrantless inspection. Ibrahim Al-Naward was then arrested and taken to the Political Security services' detention center. His arrest and detention was part of the December 2009 wave of arrests that took place in Sana'a. He was held incommunicado until 9 February 2010, however he remains detained at the Political Security detention center, without ever having been charged or told the reasons for his arrest.
Ahmed Hael Moad Al-Qadasi, 22, is a student living in Sana'a. Political Security forces and a special anti-terrorism unit raided his family home on 24 September 2009, arresting him, his father and his two brothers, Bassem and Fawaz Al-Qadasi; while later arresting his older brother Nabil Al-Qadasi, who lives in a nearby building. The father was released a day later; Nabil Al-Qadasi was released four weeks later, while his two other brothers were later released after two months detention. Ahmad Al-Qadasi was held incommunicado for the first two months of his arrest and remains at the political security prison in Sana'a to this day.
Nawfal Moslih Saad Al-Saffi, 26, a student at Sana'a University, was arrested on 17 January 2010 at his family home. Political Security agents, accompanied by military officers carried out a warrantless inspection of his home and later took Nawfal Al-Saffi to the Political Security detention center in Sana'a. In fact, a few days before his arrest, his brother Nachwane Al-Saffi was also arrested by Political Security agents at the family store, and was released just prior to the house inspection.
The victims' families fear that their detention is part of the so-called ‘war on terror' waged by the Yemeni authorities across the country. Furthermore, the arrests Moad Al-Qadasi and Nawfal Al-Saffi further illustrate the growing trend in Yemen of hostage-taking of family members, as a means towards facilitating the arrest of the actual suspect.
To date, all three victims have never been presented before a magistrate to be formally charged, nor have they received notice of any proceedings against them, and have not had access to legal counsel or been subject to any legal procedure in order to challenge the legality of their detention.
It is clear that these men are being detained without due process, in direct violation of both Yemeni domestic law and the international standards of human rights law.
It should be noted that the Committee against Torture on the occasion of the review of the last periodic report of Yemen said in its provisional concluding observations (CAT/C/YEM/CO/2) on 3 November 2009 that it remained seriously concerned by the inability of the state to offer detainees, including those placed in security prisons of the State, all the fundamental guarantees at the outset of their detention, including the right to immediately contact a lawyer and to have an independent medical examination; to notify a relative; to be informed of their rights at the time of detention and the charges against them; to appear before a judge in a period in accordance with international standards.
The Committee was concerned, among other reports of serious violations of the Convention committed under the pretext of the so-called ‘war on terror', including indefinite detention without charge or trial.
The Committee also expressed concern that a large number of varied Yemeni forces and security services are authorized to arrest and detain people, while arrests without warrants and without judicial review of the legality of the detention may further facilitate torture.