27 January 2010

Yemen: Al-Ghouli and Al-Naggar sentenced after unfair trial at Sanaa's Specialised State Security Court

On 26 January 2009, Sana'a's Specialised State Security Court ruled against Mohamed Qasim Ali Al-Gholi and Amin Al-Naggar - two cases which Alkarama had previously submitted to the UN special procedures. The court, which is an exceptional court and considered by Yemeni lawyers and human rights activists as illegitimate, handed out sentences of ten years for Mr Al-Ghouli and seven years for Al-Naggar.

Both Mohamed Al-Ghouli and Amin Al-Naggar were among a group of seven individuals put on trial and accused of belonging by the Yemeni authorities of belonging to Al-Qaeda - they have always denied the charges.

Following arbitrary arrests and detention, all of which were devoid of any judicial authority or relevant proceedings, the trial was conclusively considered as ‘unfair' by human rights activists, who continue to criticize the Court for its lack of independence and inability to meet the criteria of a fair trial.

The courts condemned the seven defenders, including Mr Al-Ghouli of "belonging to Al-Qaeda and participation in an armed gang and criminal conspiracy to commit criminal acts targeting foreign tourists and foreign and governmental interests in Yemen while endangering the safety and security of society."

The representative of the Attorney General in charge of the group's first court hearing on 17 October 2009, brought the charges against them of "preparing the necessary weapons, explosives and remote detonation devices, distributed amongst them to carry out the crimes by force and in order to threaten public officials and law enforcement officers while on duty."

The discrepancy between the initial charge and the final judgment are clear.

Circumstances surrounding the arrest of three Al-Ghouli family members

Mohamed Qasim Ali Al-Ghouli, 23, was arrested along with his brother Ibrahim, 17, and their father, Qasim Ali Al-Ghouli, 50, on 23 February 2009 at their home in Sana'a. Political Security forces raided their home, during which Mohammed was injured by a bullet. Following the arrests, the Al-Ghouli family made unremitted inquiries, however the Yemeni authorities denied any knowledge of the arrests - the victims were effectively disappeared. In the wake of the incident Alkarama sent an urgent appeal to the Working Group on Enforced Disappearances (WGEID) on 10 April 2009 requesting its intervention with the Yemeni authorities.

Qasim Ali Al-Ghouli, Mohamed's father, was released from Sana'a's Political Security prison 23 days after the incident. Subsequently Ibrahim Al-Ghouli was released on 29 July 2009, however his brother Muhammad remained in custody until his first hearing on 17 October 2009, as part of a group of seven individuals, most of whom had spent months in arbitrary detention, including Amin Al-Naggar.

Circumstances surrounding Amin Al-Najjar's arrest and disappearance

While returning from afternoon prayer on 23 April 2009, Amin Al-Naggar, 18, was arrested by members of Political Security dressed in civilian clothes. He was taken to an unknown destination and his family had no idea about his whereabouts for over the following two months, until he finally reappeared amongst the detainees in solitary confinement at the Sana'a's Political Security prison. After receiving the update, Alkarama sent his case to the Working Group on Arbitrary Detention (WGAD) on 15 September 2009. Amin Al-Naggar was his family's breadwinner and his arrest only exasperated the already dire financial circumstances his family were facing.

Judicial proceedings

Sana'a's Specialised State Security Court is infamous for issuing sentences that are prepared in advanced and handed out without having taken into account any of the defenses arguments during the trial. Unfortunately, Mohamed Al-Ghouli and Amin Al-Naggar were dealt the same fate as so many who have sat at its defendant's table.

Mohamed Al-Ghouli was denied legal representation not only during the first three hearings of his trial, but also during interrogations proceedings prior to the trial; all of which is in disregard of Yemeni domestic law.

Sentences for all seven individuals involved in the trial were handed out in only a single day - and for a court already held in disrepute, this casts an even larger shadow of doubt over the prosecutions ability to sufficiently consider the issues surrounding the trial.

Alkarama is currently following up on the cases of Mr Al-Ghouli and Mr Al-Naggar with the UN special procedures, however the immediate concerns are that they are still being held in Sana'a's State Security prison where they could likely face ill-treatment, even torture.

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