16 August 2008

Yemen: Arrest and detention of Mr Louay Al-Mouayyad

mouayyad_yemen.jpgmouayyad_yemen.jpg On 10 August 2008 Alkarama submitted on a communication to the Working Group on Arbitrary Detention, the Special Rapporteur on Torture, the Special Representative for Defenders of Human Rights and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, asking them to intervene urgently in the case of Mr Al-Mouayyad, journalist and human rights activist, and a member of the Organization for the rights and democratic freedoms, arrested and held incommunicado by the security policy, without legal procedure, since 30 June 2008.

Louay M. Abdulwahab Ali Al-Mouayyad was born on 1 January 1984 in Sana'a where he resides. He is a journalist, Executive Director of the information portal 'Free Yemen' and a committed advocate for the promotion of human rights in his country where he campaigns within the Arab Organization of Human Rights and the Yemeni Organization for Rights and Democratic Freedoms.

On 30 June 2008, officers of the Political Security Services (Al Amn Assiyassi) dressed in civilian clothes and accompanied by several uniformed military personnel, went to Mr Al-Mouayyad’s home. Not finding him, they first arrested his older brother Nizar, blindfolded him and threw him in a vehicle before realizing their mistake.

They returned a few moments later to the family home and arrested Louay. The officers had no arrest warrant and presented him with no reason for his arrest nor any explanation to his family, merely responding curtly to his mother that he had been summoned for an interrogation which should not exceed two hours and he would be released immediately afterwards.

Mr Al-Mouayyad was taken to an unknown destination. His family received a telephone call that evening, from a service presenting themselves as the police, asking them to prepare Louay’s laptop and his usual medical treatment for collection.

During the phone call, the caller promised that the victim would be released within two days and he was even allowed to talk to his family, for the one and only time.

Since then, his family has been without news of him despite their multiple attempts; they are particularly concerned because the medication given to the security services covered only a week of treatment.

His family has taken steps with all of Sanaa’s security services (Political Police, National Security, the Ministry of Interior’s anti-terrorist cell, the Central Security’s anti-terrorist section, and the Directorate of Criminal Research) to try to get news of him, but in vain.

They have also contacted Sanaa’s General Prosecutor who has officially requested security officials, the Minister of Interior and the head of the political security services to present him to the prosecution if charges are to be brought against him, or otherwise, release him.

The Attorney General also asked the Head of the political Police’s Central Organ to provide appropriate emergency medical assistance. However, he received no response from either of these two authorities.

The indifference of the security services has prompted several local human rights defence organizations to mount a campaign to warn authorities of the danger to the Mr Al-Mouayyad’s life and health in the absence of appropriate medical monitoring.

His mother finally addressed the Head of State, by means of an open letter published in various newspapers, but without any further success.

There is no doubt therefore that Mr Al-Mouayyad’s present detention can only be interpreted as arbitrary detention, contrary to both legal norms in force in the country, and the standards set forth in the International Covenant on Civil and Political Rights, Covenant ratified by the defendant State.

Yemen ratified the International Covenant on Civil and Political Rights on 9 February 1987 and the Convention against Torture on 5 October 1991.

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