25 September 2009

Yemen: Journalist, Mohamed Al-Magaleh, enforced disappearance

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Mr. Mohamed Al-Magaleh, a journalist and human rights defender, was kidnapped on 17 September 2009 by members of the Security Services in Sana'a and has since disappeared. Alkarama fears that he will be subjected to torture and ill-treatment.

On 25 September 2009, Alkarama alerted the Special Rapporteur on Torture in order that he urgently intervene with the Yemeni authorities in Mr. Al-Magaleh's case, who currently the editor of the e-journal http://www.aleshteraki.net.

Mohamed Al-Magaleh, 50, residing in Sana'a, was kidnapped on 17 September 2009 at 23h00 outside his home. While he was getting into his car, he noticed that the tires had been slashed. Suddenly, a minibus without license plates stopped next to him. Several armed men in civilian clothes forced him into the vehicle while threatening him with their weapons. They drove away to an unknown destination.

In the past, Mr. Al-Magaleh had repeatedly been arrested and detained incommunicado without legal process by Political security forces (Al-Amn Assiyassi), before being released several months later without having had a trial.

During each of his lengthy incommunicado detentions, he was tortured and subjected to inhuman and degrading treatment. He has been criticized for his articles on the Internet and his public statements.

Following his abduction, his family tried to find his place of detention by contacting the various security services may be responsible for his arrest (Al-Amn Assiyassi; Al-Amn Al-Qawmi, Police etc.); as well the Sana'a Attorney General. All deny his detention.

The National Union of Journalists, the representative of the Organization for Change and the Defense of Rights and Freedom, as well as Yemeni Organization for Human Rights and Democratic Freedoms also made appeals to the prosecutor's office in Sana'a. To date, all have been without success.

The attorney general has promised to intervene, but has been unable to provide any information to date, more than a week after the kidnapping. He did not order an investigation into the kidnapping, as required by law, when a crime or a felony is brought to his attention.

There is therefore no doubt that Mr. Mohamed Al-Magaleh was again kidnapped for expressing his criticisms of government policy, especially on issues of human rights violations, as well as government repression of protests in the south and in the region of Saada.

His family fear that he is again subjected to torture and / or ill-treatment while held incommunicado.

Alkarama also sought the intervention of the Working Group on Arbitrary Detention, the Special Rapporteur on Freedom of Expression and the Representative for Defenders of Human Rights.

Yemen ratified the International Covenant on Civil and Political on 9 February 1987 and the Convention against Torture on 5 October 1991. The Committee against Torture considered the Yemen's periodic report in November 2009, Alkarama made a submission in the context of this period examination.

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