Mr Khamisan was arrested on 16 March 2009 by a branch of the Political Security forces. His family was only able to visit him once in the week after his arrest, however thereafter he was held incommunicado in secret detention. During this period he was seriously ill, and there were fears that he was being subjected to torture.

In light of these events, Alkarama made an appeal to the Working Group on Arbitrary Detention, to urgently intervene with the Yemeni authorities in this regard. We are reminded that the Yemen ratified the International Covenant on Civil and Political Rights in 9 February 1987, and the Convention against Torture on 5 October 1991.

Mr Khamisan, born in 1970, was a resident of Kashan, in Al-Mahra, where he worked. He was detained in Guantanamo Bay for more than three years before being handed over on 15 September 2005 to the Yemeni authorities.

Upon his return from Guantanamo, after being detained there secretly for several months, Mr Khamisan was brought before the State Security Court on 13 March 2006 and charged with drug trafficking. The court acquitted him on the same day, but the Attorney General appealed against the ruling.  However, on 30 April 2006 the Court of Appeals upheld the decision, but Khamisan was not released until 10 May 2006.

In view of his extremely serious stomach ulcer, as a result of the torture he suffered at Guantanamo Bay, he was undergoing continuous medical by a specialist in the neighboring city of Shibam. On 16 March 2006, as per usual, he went to see his physician in Shibam for a check-up. Following the visit, he disappeared and his family had no news from him for a week until they later learned that he was arrested 15 March 2006 by local Political Security forces as he was leaving a mosque. He was then taken to their headquarters in Ghaydah, Al-Mahra province. During a family visit to Ghaydah, they were able to confirmed news of his capture, after receiving permission to visit him. He had not been charged with any crime.

Despite the tireless efforts made by his family, the Political Security forces refused to provide any new information on the case. During this time, Mr Khamisan was in complete isolation, cut off from the outside world.

After receiving correspondence from the victim's family, the Hood Organization for Human Rights wrote a formal letter to the Head of the Political Security forces, Maj. Gen. Ghalib al-Qamsh, requesting the immediate release of Mr Khamisan, but to no avail.

The victim's family's concerns were legitimate and real. He was being subjected to torture and /or ill-treatment while in secret detention, which only exacerbated these concerns, as his health was deteriorating due to the lack of medical care.

In any cases, Mr Khamisan's secret detention, without due process of law, should be considered as arbitrary and is contrary to domestic legal standards, as well as being contrary to the relevant international standards set forth in the International Covenant on Civil and Political Rights.