11 June 2013

Yemen/USA: Investigate execution of four civilians in US airstrike on Wussab

YEM_Burnt_Car_WussabAttack_2013
On 17 April 2013 at 8.30 pm, two violent explosions from missiles fired by U.S. drones were heard in the village of Midhlib, Dhamar district, 150 km south of Sana'a. Four Yemeni civilians aged between 20 and 40, traveling in a 4x4 vehicle, were killed. The apparent target was an alleged terrorist known under the name of Najm Al-Din Ali Adallah Al-Ra'i. He was not amongst the four occupants of the car.
 
 

The families of the victims as well as eyewitnesses told Alkarama that Hamid Al-Hadidi Al-Radami, a 40-year-old former soldier, Isma'il Ahmed Al-Muqdishi (29), Mukram Ahmed Al-Da'ar (20), died in the first strike when the missile first hit the car. The fourth victim, Ghazi Hamud Al-Imad (28), injured by the first strike, could not be rescued due to the continuing presence of an American plane flying low over the area of the attack. Ghazi died after the launch of a second missile.

Salim, one of Al-Radami's companions who was on his motorcycle about a mile away when the attack took place recalls the strikes: "There were two planes that followed Al-Radami's vehicle and a third plane flying over to watch the scene. There was about eight minutes between the first and second strikes. The second was more violent, the ground shook and people panicked." He adds: "I still remember Ghazi's cries, who implored us to rescue him, but we were unable to. For three hours we waited for the plane to disappear in order to help Ghazi."

The Yemeni authorities, as they have in similar attacks, soon announced the death of 'a dangerous terrorist' during an air attack without specifying its origin. They quickly released the names of the four men killed and identified them as terrorists without specifying the acts they have committed. One of the names mentioned as one of the terrorists killed – Najm Al-Din Ali Adallah Al-Ra'i - is still alive and was not amongst the occupants of the vehicle.

One of the victims - Hamid Al-Hadidi Al-Radami, the former Yemeni soldier - was arrested in 2005 and sentenced to four years in prison on charges of having fought in Iraq against the American occupying force. Following the end of his sentence in 2009, he was held for two years without any legal justification, only to be released in early 2011. Upon his release from prison, he settled in his native village and resumed a normal life while carrying out social work, in particular as a mediator between conflicting parties.

The Yemeni authorities' accusations that Al-Radami was linked to Al-Qaeda have been criticized as unfounded and doubtful by many in the region. Alkarama asked several people including Wadhah Al-Qadhi ( وضاح القاضي), a young activist calling for non-violent revolution from the region. He tells us: "When the discussion around Al-Radami and suspicious activities increased, I went to see him at his home and I asked him: 'Do you want to transform our region into a center of conflict? Is it not enough that Wusab be neglected and lack all services?' I had not finished telling him what I had to say when I saw him wipe away tears and tell me: 'I do not want a drop of blood to be paid by Wusab and I do not want a single bullet to be fired. I am willing to cooperate with anyone who wants the best for the region and its children.'"

Al-Radami also gave an interview in which he denied any relationship with Al-Qaeda. He claimed to be only at the service of his fellow citizens and was there to help them find justice. He was surprised by the charges against him. This assessment is shared by many people that confirm the positive efforts of Al-Radami and list the conflicts have been resolved through his ​​intercession.

Alkarama met with Security Directorate's Director Ahmed Abu Sha'ie ( أحمد ابو شائع), who surprised us by saying that "Hamid Al-Radami was a man who practiced social mediation and helped us to find solutions in some cases. He was not wanted by the authorities, and if there was an arrest warrant against him, we could have easily apprehended him." He had sought clarification from the security services of the province about this murder and been told that he should not interfere.

The night of the American drone attack, residents gathered at the home of Al-Radami awaiting his return to discuss problem relating to the construction of a new road. Najm Al-Din Ali Al-Ra'i Adallah, aged 20, was among those who were officially announced as having been killed in the attack. "At the time, I was in at Al-Radami's home and was waiting with others there. I learned through the media that I was one of those who had been killed. I accompanied the Sheikh as a guard. All Sheikhs are accompanied by guards. The spy who informed the U.S. plane did not verify his information, and held a grudge against me, so now I am targeted for no reason."

One of Al-Radami's brothers, Ali, confirmed what the previous witness had said, stating they waited overnight to remove the bodies from the site of the attack and bury them. No government official arrived to help. He adds, "We know that the security director and the director of the region fled two or three days before the strike, and that they left the area because they were aware of the attack. We view the union government as responsible, and ask it, if this civilian government does indeed exist, that it open an investigation into this crime and refer the perpetrators to justice. " The only action so far of this attack at the official level was that a hearing before the Legal Subcommittee of the Yemeni Parliament was held.

Today, Alkarama solicited UN Special Rapporteur on extrajudicial executions Christof Heyns' intervention with the U.S. and Yemeni authorities to ensure they both open a prompt, impartial, independent and effective inquiry into the death of the 4 civilians in order to establish the chain of command and the procedure that allowed for the targeting, tracking and killing of the victims.

On 1 July, Alkarama and Hood will present a report containing information on ten U.S. air strikes in Yemen between 2009 and 2013 to two UN experts.

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