10 April 2009

Yemen: Forced disappearance of Kassem Al-Ghouli and his two sons since 23 February 2009

At 3:45 am on 23 February 2009, agents of the political police arrested Kassem Ali Kassem Al-Ghoul and his two sons Mohamed and Ibrahim at their home, injuring Mohamed. The authorities continue to deny the arrest and disappearance of these three people despite several requests for information.

Al-Karama sent an urgent appeal to the Working Group on Enforced Disappearances, asking it to intervene with the Yemeni authorities.

Kassem Ali Kassem Al-Ghouli (50), soldier, a member of the General People's Congress, and his two sons Mohamed Ali Kassem Al-Ghouli (23 years), student at the Higher Institute of Administrative Sciences, and Ibrahim Ali Kassem Al-Ghouli (17), high school student, all residents of Sana'a, were arrested on 23 February 2009 at 3:45 am.

Armed, masked agents in civilian clothes belonging to the Political Security Service (Al-Amn Al-Siyassi) broke into the home accompanied by soldiers, using extreme violence. They fired at the house with automatic weapons before entering.

The officials did not identify themselves or provide any explanation. They failed to produce a judicial warrant to Mr. Kassem Al-Ghouli, whom they handcuffed immediately after he opened the door.

They then carried out a violent search of the home, again without a warrant. They took away all the family's identity papers, books and personal documents as well as the family computer.

Officers attempted to enter the room occupied by the victim's daughter. When Mrs. Al-Ghouli tried to stop them, fearing for her daughter's safety, the officers brutally beat her. And when Mohamed intervened to protect his mother and sister, officials opened fire with automatic weapons, hitting him several times. They then dragged him and his brother Ibrahim out of the house.

The next day, the wife and mother of the victims tried to get information about the three men at the security police's headquarters. Officials denied holding them.

On 25 February 2009, two days after the arrest, they went to the Sana'a Attorney General's office to file a formal complaint On 28 February 2009 they notified HOUD, asking it to intervene with the Attorney General. The same day, HOUD appealed in writing to the Attorney General, confirming the facts and asking him to intervene. The Attorney General claims he wrote to the political security services on the 4 March 2009, but received no reply.

On 7 March 2009, Mrs. Al-Ghouli wrote to the Minister for Human Rights to advise her of the situation, and asked her to intervene. On the 9 March 2009, the Minister for Human Rights officially contacted the Attorney General, sending a copy to the Minister of the Interior. On the 10 March 2009, the HOUD sent a second letter to the Attorney General to remind him of the letter of 28 February 2009, and asked again that he intervene urgently.

All these steps have yielded no results. The Attorney General himself has confirmed that after asking the head of the relevant security department about the case, he has had no reply.

The family of the victims is living in a state of permanent anxiety. They have no news of Mohamed Al-Ghoul , injured during the arrest, or of his father and younger brother.

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