28 April 2009

Yemen: Khamisan, former Guantanamo prisoner held in secret detention

Karama Khamis Said Khamisan was arrested on 16 March 2009 by an officer of the political security services (Al-Amn Assiyassi). His family was allowed a single visit a week later, but since then he has been held incommunicado. He is seriously ill and fears are that he will suffer further torture.

Alkarama appealed to the Working Group on Arbitrary Detention, asking it to urgently intervene with Yemeni the authorities. Yemen ratified the International Covenant on Civil and Political Rights on 9 February 1987 and the Convention against Torture on 5 October 1991. 

Khamisan, born in 1970, lives and works in Kishan in Al-Mahra governorate. He was detained at the U.S. military camp in Guantanamo for over three years before being released on 15 September 2005 to the authorities of Yemen. 

Held incommunicado for several months on his return from Guantanamo, Khamisen was brought before the State Security court on 13 March 2006 on charges of trafficking narcotic. Acquitted by the court on the same day, and 
after the prosecution appealed, the acquittal was later confirmed by the appeal court on 30 April 2006. However, Khamicen was only finally released on 10 May 2006.  

Suffering from a serious stomach ulcer that he contracted as a result of the torture he had suffered at Guantanamo, Khamisan received medical treatment from a specialist in the neighboring city of Al-Shahir. 

On 16 March 2009, while Khamisan was making his usual visit to his doctor in Al-Shahir, he disappeared. His family remained without news of him for over a week. 

Finally they learned that he was arrested while leaving a mosque by an officer of political security services and taken to its headquarters at Al-Ghaida in Al-Mahra governorate. 

Having found out this information, his family was able to receive confirmation of his detention and was even allowed to visit him. They later learned that no case had been filed against him. 

Since this single visit and despite many attempts by his family, the security policy refuse give any further concerning his future, to the point that he is now completely cut off from the outside world. 


After having been contacted by Khamisan's family, the organization HOUD for the Defense of Human Rights, formally appealed to the Chief of the political security services, General Ghaleb Al-Rokn Qamsh, requesting the urgent release of Mr. Khamisan, but to no avail. 

Khamisan's family are concerned that during his incommunicado detention he is being tortured. His current state of health and the absence medical treatment only reinforced their suspicions. 

In any case, the current incommunicado detention without legal procedure of Karama Khamis Said Khamisan is arbitrary, contrary to legal standards in force in the country, as well as the relevant international standards set forth in the Covenant International Covenant on Civil and Political Rights.

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