29 October 2009

Yemen: Al-Hossami remains in custody despite completing sentence

While his family was asleep, at some time around midnight on 9 December 2006, Abdulrahman al-Hossami's home in Sana'a was raided by a 20-man drove of armed officers belonging to the military, the police and the Political Security forces. The agents arrived in unmarked vehicles, dressed in civilian clothing and carrying automatic weapons. They immediately surrounded the house and began an armed ambush. The family, who initially thought they were being attacked by an armed mob, responded with their own gunfire and a violent melee ensued.

Three people were injured in the assault: Issa al-Hossami was wounded in the stomach, Moussa al-Hossami was shot in the back (both are brothers of Abdulrahman al-Hossami), and Ammar al-Shamiri, a guest of the family, was also injured in the encounter.

When Abdulrahman al-Hossami's father finally realized that they were under attack from the security forces, he quickly called their neighbor, a civil servant, who was able to intervene - and the fighting stopped.

The security services eventually entered and began searching the home without a warrant or any other judicial authority. They took the families' personal firearms and arrested, without a warrant, Adulrahman al-Hossami, his two brothers, and the family guest Ammar al-Shamiri.

Since his arrest, Abdulrahman al-Hossami has been detained at the Political Security Prison in Sana'a. Abdulrahman Al-Hossami and his two brothers, Moussa and Issa, spent the first two months incommunicado before their family was able to see them. Ammar al-Shamiri was released 15 days after his arrest in late December 2006.

Trials and prolonged detention

Abdulrahman al-Hossami was put on trial, starting in March 2007, alongside his two brothers. The trial - which took place in a special criminal court that is considered unconstitutional by many Yemeni lawyers - lasted 9 months, ending on 7 November 2007. Abdulrahman al-Hossami was found guilty and sentenced to two and a half years imprisonment starting from the date of his arrest. It is evident from the proceedings that court used confessions which had been extracted under coercion. Issa al-Hossami was acquitted by the court for lack of evidence (on 13 May 2007) and immediately released. Moussa al-Hossami was found guilty of assaulting a public servant in the line of duty, but the court decided that the time he had already spent in prison was enough, and he was released on 16 November 2007.

Abdulrahman al-Hossami's two and a half year sentence ended in June 2009. However, he is currently detained despite having completed his sentence 4 months ago. He is held in the Political Security Prison in Sana'a which is not normally mandated by Yemeni law to detain persons who have been convicted by Yemeni courts.

On 29 October 2009, Alkarama submitted an appeal to the Working Group on Arbitrary Detention asking for their intervention with the Yemeni authorities in order that he be released.

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