22 May 2009

Yemen: Arbitrary detention of Mohammed and Amer Al-Baadani

Mohammed Al-Baadani was abducted in 2001 when he was less than 14 years old. His father, Amer Al-Baadani was arrested in 2004. Both have been kept in detention without being presented before a court and tried.

Mohammed Ahmad Al-Amer Al-Baadani was born in 1988 is was a student before his arrest on 1 May 2001 

Amer Mohammed Ahmad Al-Baadani, born in 1955 is an employee of the Ministry of Education and was arrested in April 2004. 

Mohammed Al-Baadani was kidnapped on 1 May 2001 outside his home by a tribal chief known as Ali Balkheir Al-Qaffani. Al-Qaffani took Mohammed Al-Baadani hostage, falsely accusing his father, Amer Al-Baadani of intentionally withholding over $2 million owed to the Sheikh. 

After a year of disappearance, his family discovered that Mohammed Al-Baadani was being forcibly held at the home of Sheikh Al-Qaffani. On 22 January 2002, Mohammed was transferred to Central Prison Shabwa, located in the district of Shabwa, east of Sana'a. The Minister of Local Government confirmed in a letter addressed to Al-Qaffani that Mohammed has been surrender to the Yemeni authorities based on an agreement between the governor of Shabwa and the provincial head of security. 

In April 2004, Amer Al-Baadani, visited the police station in Al-Azam Avenue in Sana'a to ascertain the fate of his son and ask for his release. After leaving the police station, he was arrested by members of the criminal police. The father and son are currently detained in a prison in Shabwa. 

On 30 August 2003, at the Court of First Instance in the city Atiq in the province of Shabwa, Amer Al-Baadani was sentenced in absentia to three years in prison. During the same trial, his Mohammed Al-Baadani was sentenced to two years in prison. Amer Al-Baadani has appealed the ruling. 

On 13 November 2006, however, the Court of Appeal decided of nullify the decision of the Court of First Instance at Atiq. The Court stipulated that the decision was "manufactured" and was not taken by a judge. The Court of Appeal ordered the case be referred to the Court of First Instance in order to decide on the merits of the case. It also ordered the release on bail of Amer until his trial. 

Despite this decision, both father and son remain in prison. The trial court has not set a trial and the case has been postponed sine die. 

There is no doubt that the current detention of Mohammed and Amer Al-Baadani is arbitrary and contrary to legal norms in force in the country and the relevant international standards set forth in the International Covenant on Civil and Political Rights, ratified by Yemen in 1987.

 

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