03 April 2009

Yemen: Condemnation for the arbitrary detention of Al-Hattar Abd Al-Adhim

The Working Group on Arbitrary Detention has just informed Al-Karama of opinion 40/2008 of 24 November 2008, which establishes that Al-Hattar has been arbitrarily detained. The Working Group has asked the Yemeni authorities to remedy this.

Al-Karama had submitted a communication to the Working Group in May 2008, which described the situation of Al-Hattar, who was arrested on 14 December 2007 and detained incommunicado for three months.

Abd Al-Jalil Abd Al-Adhim Ali Al-Hattar was born in 1982 and lives in Sanaa, where he is the imam of Al-Haramayn mosque, in the borough of Al-Asbahi.

He was arrested at dawn on 14 December 2007 by members of the intelligence services at the mosque, where he had led the morning prayer. He was then handcuffed and taken to an unknown destination.

According to testimonies received by the family, no warrant was presented and the reasons for his arrest have not been made known. The information officer who led the arrest only said "he was needed by Al-Amn Al-Siyassi (political police).”

For three months, Al-Hattar was detained in cells of the political police and barred from contact with the outside world. When his family was allowed to contact him by phone, they learned that he had never been presented before a magistrate to be formally accused of any criminal acts he may have committed.

He has not been given access to a lawyer, because no legal process has been undertaken.

His parents were particularly concerned about his fate, and feared he would be subjected to abuse or torture. They appealed to authorities for the release of their son, but they have received no answers. 

In its response to the Working Party on 19 November 2008, the Yemeni government confirmed the arrest of Al-Hattar, citing terrorist activity. It claims that Al-Hattar never disappeared, and that he would be the subject of legal proceedings.

The UN body noted that the Government does not refute the allegations of Al-Karama, and that Al-Hattar was unlawfully arrested and was not informed of the reasons for the arrest. Futhermore, he was not presented before a judge, nor charged with any crime. He was not allowed to consult a lawyer and is still held by the political police.

The Working Group considers this to be arbitrary detention, which violates Articles 9 (right not to be arbitrarily arrested) and 10 (right to be heard by a court) of the Universal Declaration of the Human Rights of Man and Articles 9 (freedom) and 14 (right to a fair trial) of the International Covenant on Civil and Political Rights.

It recommends that the Yemeni government remedy this situation by immediately releasing Al-Hattar or presenting him before an impartial tribunal if charges are to be brought against him.

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

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

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No