29 October 2012

Yemen: Authorities Arrest 6 Citizens Released by the Iraqi Authorities Days Earlier

Yemeni security forces at Sana'a international airport arrested six citizens upon their arrival from Iraq at midnight on 14 October 2012. Another 18 Yemenis are still detained by Iraqi authorities including two women and a man who is condemned to death but for whom the Yemeni authorities had obtained assurances that the death sentence will not be carried out.
As the families of the six detainees were preparing to welcome them and celebrate their return during the Eid al-Adha festival following years of detention in Iraqi prisons, the Yemeni authorities rapidly deprived them of the joy of reunion. They sent security forces to the airport to prevent the detainees from meeting their families, and arrested them as soon as they arrived, without presenting arrest warrants. The detainees were then taken to an unknown location, most likely the political security prison in the capital Sana'a.

Security officers insisted on arresting the returned prisoners, despite the presence of human rights activists and families who came to the airport to welcome the former prisoners. They claimed it was only a temporary security procedure, and promised to release them before Eid al-Adha, which has not happened.

The returned prisoners represent six of a total of 24 Yemeni prisoners who are serving sentences of different durations in Iraq, charged with crossing the border illegally. The six were released by a presidential pardon that was issued a few months earlier. The pardon included another Yemeni prisoner, 23-year-old Mr Rashid Ali Yahya al-Masouri, who was finally not released by Iraqi authorities in Baghdad. His release was postponed for unknown reasons, and he was rearrested only a few hours before his planned departure, despite the fact the he had been transferred with his colleagues from Susa Prison in Kurdistan province to Baghdad in preparation for his release.

Human rights organisations which are monitoring the cases of these prisoners have criticised their arrest upon their return, especially since these prisoners were the victims of arbitrary arrests for many years in Iraq and had suffered a number of violations and mistreatment: they were subjected to unfair trials which did not respect minimum guarantees for a fair trial. They faced prison sentences of different durations, but were fortunately able to benefit benefited from the pardon, which should have allowed them to return to their families.

Alkarama had previously corresponded with the relevant UN human bodies regarding the case of a young Yemeni man: Mr Musa Ahmad al-Baydani, who was sentenced to death in Iraq following an unfair trial. Alkarama also participated in the organisation of many protests and activities demanding the release of Yemeni detainees in Iraq in coordination with the National Organisation for Defending Rights and Freedoms - HOOD. The two organisations have communicated on several occasions with the Yemeni authorities, namely the Ministries of Foreign Affairs and Human Rights, which responded positively to this issue. Alkarama and HOOD have already addressed numerous appeals to the Yemeni and Iraqi governments to end the suffering of Yemeni detainees in Iraq by re-examining the sentences issued against them in unfair trials.

Alkarama renews its appeals to the Yemeni and Iraqi governments to agree on a clear mechanism to protect the basic rights of the remaining Yemeni prisoners in Iraq, and to guarantee their return to their country as soon as possible.

These are the names of the Yemenis that returned from Iraq.

Aref Abdullah Mohammad Hadban(aged 36), from al-jouf

Abdullah Thabit Ali Ahmad al-Bahri(aged 47), from Zamar

Hani Mohsen Ali Wazi (aged 28), from Amran

Abdullah Hussein Ahmad (aged 40), from Eden

Ibrahim Abdullah (Mohammad) Awad (aged 27), from Shabwah

Ali Yahya Ahmad (aged 36), from al-Hadida

Yemen - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 09.02.1987
Optional Protocol: No

State report: Due on 30.03.2015 (6th)
Last concluding observations: 23.04.2012

Convention against Torture (CAT)

CAT: Accessed on 05.11.1991
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 14.05.2014 (3rd)
Last concluding observations: 17.12.2009

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 01.2014 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

No