23 June 2011

Iraq: The Yemeni Hasna Ali Yahya Hussein was sentenced to life in prison at a hearing that did not exceed 10 minutes

Based on a single court session that did not last longer than 10 minutes and after more than one year of arbitrary detention and ill treatment the Yemeni prisoner Hasna Ali Yahya Hussein was sentenced by an Iraqi court to lifelong imprisonment.

On 25 May 2011 Alkarama sent a complaint to the UN Working Group on Arbitrary Detention, requesting it to intervene with the Iraqi authorities and asking the latter to take the necessary measures for the release of Mrs. Hasna Ali Yahya Hussein, as well as to provide her with appropriate compensation.

The organization further stated that Mrs. Hasna was without any legal proceedings and in an arbitrary manner deprived of her freedom with the sole reason being that she had not denounced her husband. In blatant violation of international standards and in particular in violation of the International Covenant on Civil and Political Rights, which Iraq is party to, her children had been arrested with her, and have only recently been released.

Despite the shock that the court's decision caused for Mrs. Hasna's family in Yemen, the family confirmed to Alkarama that Mrs. Hasna's lawyer will appeal the sentence. Also, the family of Hasna expressed their hopes for a just ruling by the court of appeal, which will reconsider this unjust first verdict.

Mrs. Hasna Ali Hussein was charged with hiding her husband, Abu Ayub, an Egyptian national, who was leader of "Al-Qaeda in Iraq", and who was killed by US occupation forces on 16 April 2010. Also, she was charged with providing accommodation to elements suspected of being linked to terrorism.

Hasna was not allowed to defend herself in court, which represented her instead and held a hearing in the absence of her lawyer, who is said to have been absent because of fears of being kidnapped or arrested and who assigned a lawyer to plead the case instead of him.

The family of Hasna also stated that the as yet only hearing lacked minimum standards of justice, with fabricated and unknown witnesses, who were consulted by the court for their testimonies against Hasna, while the court did neither allow her, nor her lawyer, to inspect her file or to present any defense. Also, the court refused any further statement by Hasna and interrupted her after she said that "I am the mother of Muhammad, I have three small children and I do not know who Abu Ayub the Egyptian is."

The case of the imprisoned Yemeni national Hasna remains one of the most prominent human rights abuses and receives the attention of many local and international human rights organizations, while the family of Hasna strongly relies on the diplomatic efforts of the Yemeni authorities to return Hasna to her home country.

The case of Hasna also affected the high diplomatic level in February 2011, when the Yemeni ambassador to Iraq discussed it with the Iraqi president Jalal Al-Talabani and requested her release. According to media reports, the president however stated that he could not provide any support except after the issuance of a sentence, at which point he promised to grant her amnesty and return her to her home country.

It is worth noting that the Iraqi authorities finally agreed to return the three children of Hasna to Yemen, with the return having been carried out on the evening of Friday, 14 May, 2011, while their mother however still remains victim to detention and suffering.

Iraq - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 25.01.1971
Optional Protocol: No

Last State report: 11.10.2013
Last concluding observations: 19.11.1997

Convention against Torture (CAT)

CAT: Accessed on 07.07.2011
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

Last State report: 30.06.2014
Last concluding observations: 17.09.2015

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Accessed on 23.11.2010
Art. 33 (Inquiry procedure): Yes

Last State report: 26.06.2014
Last concluding observations: 18.09.2015

Universal Periodic Review (UPR)

Last review: 11.2014 (2nd cycle)

National Human Rights Institution (NHRI)

Independent High Commission for Human Rights (IHCHR) – Status B