05 October 2010

Yemen: Cartoonist is Released while Fellow Journalist Remains in Detention

On 5 October 2010 the Yemeni Political Security Administrative authorities released cartoonist Kamal Yahya Sharaf, after the National Security services had forcibly disappeared him for over a month. He was imprisoned at Political Security headquarters for 13 days after a State Security judge ruled that he should be released.

The disappearances and arrests of Abd Al-Ilah Haidar Shayie and Kamal Yahya Sharaf triggered a wave of local and international protests. Alkarama sent urgent appeals to both the Special Rapporteur on Torture and the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, urging them to intervene on behalf of the two journalists.

Kamal Yahya Sharaf was arrested along with Abd Al-Ilah Haidar Shayie, and another Yemeni national named Abd Al-Karim Al-Shami on 16 August 2010. They were taken from their homes in Sanaa by a large group of National Security guards. During the arrests, shots were fired, while their computers and personal belongings were confiscated.

Kamal Sharaf's defense lawyer considers his release to constitute a partial compensation for the previous violations committed against him by secret services in complicity with the State Security Agency. According to Yemeni law, Kamal Sharaf is guaranteed the right to hold accountable those who violated his freedoms and disappeared him for thirty days. Such offenses are accordingly not subject to a statute of limitations.

The Yemeni authorities are currently seeking to whitewash the crimes committed by the National Security forces against Kamal Sharaf and Abd Al-Ilah Shayie, who is still detained in the State Security services to this day. They are currently arranging their trial before the summary court specialised in "state security" issues, now more than five weeks after their kidnapping, disappearance and exposure to maltreatment.

The summary court that will examine their case is considered illegal by various human rights activists in the country because it "legalises" the violations committed by the security services. The court ruled on Wednesday 22 September 2010 that the Kamal Sharaf should be released, while the Political Security officials refused to do so until 5 October 2010.

That court decided that Abd Al-Ilah Shayie's imprisonment be extended by another 30 days, in response to the prosecution's request. Abd Al-Ilah Shayie remains in arbitrary detention, in a clear violation of Yemen's domestic law and all international human rights laws, agreements, and treaties.

Many representatives of human rights organisations, the Journalists' Union and civil society organisations continue to organise protests calling Abd Al-Ilah Shayie's release - demanding that the authorities stop violations against freedom of the press in Yemen.

During his interrogation session before the prosecution, Abd Al-Ilah Shayie showed signs that he had undergone torture, including a cut on his chest, a broken tooth, and many small wounds scattered all over his body, inflicted during his detention. He was imprisoned in an underground cell in solitary confinement with no ventilation, and reported that he had been interrogated by Political Security late at night, even after his case had gone to court.

Under Yemeni law, the way in which these arrests were carried out should be punished. Although the prosecutor claims that the National Security services had been ordered to arrest them, these services are known for violating human rights. In fact, they are known to even violate the constitution and laws of the Yemen. The National Security services have effectively taken over the responsibilities of the prosecution which issued the arrest warrant, having held the victims in secret detention for 30 days, even though any length of time beyond 24 hours is forbidden.

Alkarama expresses its concern about the continued deterioration of the human rights situation in Yemen. The Yemeni authorities continue to breach their obligations under local law and their international commitments regarding human rights, political and civil freedoms and the freedom of the press. Alkarama warns against proceeding with the trials of the Abd al-Ilah Haydar Shayie and Kamal Yahya Sharaf. The justice system is being used as a tool to suppress the freedom of expression and to cover up the human rights violations committed by the secret services.

Alkarama requests that the authorities stop leaving human rights violations unpunished and immediately release the journalist Abd Al-Ilah Shayie and all other detainees who are illegally detained. In doing so, the victims should receive formal apologies from the authorities and be financially compensated.

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