07 January 2010

Yemen: Abdul Rahman Al-Hossami released after three years imprisonment - arbitrary detention and an unfair trial

Despite having served six months over and beyond his prison sentence, Abdul Rahman Al-Hossami was not released by Yemeni security services. However, reliable sources recently informed Alkarama that he was in fact finally released on 7 December 2009. Alkarama had previously submitted his case to the Working Group on Arbitrary Detention on 29 October 2009.

Mr Al-Hossami's story dates back to 9 December 2006, when a group of 20 armed officers, belonging to the political security forces, carried out a night-raid on Mr. Al-Hossami's home in Sana'a, while his family were sleeping. The security forces drove in unmarked vehicles; wearing civilian clothes and carrying automatic weapons. They immediately surrounded the house and began an armed ambush. At the outset of the attack, the family thought that they were being shot at by an armed gang and decidedly returned fire, subsequently a violent altercation ensued.

As a result of the attack, three people were injured, namely: Issa Al-Hossami, who was injured in the stomach and Musa Al-Hossami, who was shot in the back (both brothers of Abdul Rahman Al-Hossami), and Ammar al-Shamiri, a guest of the family at the time of the attack.

When Abdul Rahman Al-Hossami's father saw that they were under attack from security forces, he immediately called one of his neighbours, a civil servant, pleading with him to intervene in order to calm the situation and stop the fighting.

Once the shooting ceased, the security services entered the Al-Hossami's home and began searching the house without ever presenting a warrant or any other legal documents. They confiscated the family's personal firearms and arrested Abdul Rahman Al-Hossami, his two brothers, and their guest Ammar Shamiri.

After his arrest, Abdul Rahman Al-Hossami was detained at the Political Security prison in Sana'a. Abdul Rahman Al-Hossami and his two brothers, Musa and Issa, spent the first two months incommunicado, however Ammar Shamiri was released 15 days after the arrests in late December 2006.

Trials and long periods of detention

The trial of Abdul Rahman Al-Hossami and his two brothers began in March 2007. It took place at the Special Criminal Court (considered unconstitutional by several Yemeni lawyers) and lasted 9 months, ending on 7 November 2007. Following the tribunal's conviction of Mr Al-Hossami, he was sentenced to two and a half years in prison from the date of his arrest.

It is clear from the proceedings that the court used confessions extracted under duress. The Court acquitted Issa Al-Hossami due to insufficient evidence and he was released on 13 May 2007. However, Musa Al-Hossami was convicted on charges of assaulting a public officer performing his duty; the Court decided that the period he already spent in prison was sufficient and he was released in 16 November 2007.

In June 2009, Abdul Rahman Al-Hossami's prison term had elapsed two and a half years. However, he remained in prison despite completing his sentence. He was finally released on Monday, 7 December 2009.

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