19 November 2009

Yemen: Al-Mahfili, minor, released after nine months of arbitrary detention

Ahmad al-Mahfili, whose case Alkarama had previously submitted to numerous UN special procedures, was finally released on 11 November 2009 - after more than nine months of arbitrary detention at Political Security headquarters in Sana'a. Ahmad Mohsen Yahia Ali al-Mahfili was originally arrested on 23 February 2009 and held incommunicado for 2 and half months before the authorities acknowledged his detention.

Sometime in May 2009, the family finally learned of his arrest and they were then told that he was being held in place of his brother, whom the Yemeni authorities were seeking - Ahmad had effectively been taken hostage. During this period, the al-Mahfili family members suffered stress and anxiety - the culmination of which was unfortunately the passing away of Ahmad's father from a long-term illness on 31 October 2009, just less than two weeks before Ahmad was released.

The actions of the Yemeni Political Security services in the case of Ahmad al-Mahfili, a minor, are in direct contradiction with Yemeni domestic law as well as the edicts of the international norms ratified by Yemen. Alkarama, in a letter to the Working Group on Arbitrary Detention (WGAD) and the Special Rapporteur on Torture (SRT) on 19 November 2009, reasserted its original request that an Opinion be emitted regarding the arbitrary nature of Mr al-Mahfili's detention.
The facts are clear - Ahmad al-Mafili was arrested without a warrant, was never presented before a judge, and was not allowed a fair trial. His release, although fortunate, comes as bitter solace for the unlawful activities carried out by the Yemeni authorities.

This incident of hostage-taking in place of a wanted family member by the security services is not an isolated incident in Yemen - Alkarama had also informed the WGAD of the case of the al-Abbab brothers, who are currently detained in place of their brother who is wanted on terrorism charges. The WGAD rendered Opinion No. 13/2009 on 3 September 2009, finding their detention as arbitrary under categories I and III - under both domestic and international law.

 

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