Section 5: Arbitrary Detention

During 2018, Mwatana for Human Rights documented at least 224 arbitrary detentions. The armed group Ansar Allah (Houthis) was responsible for at least 132 cases in 11 governorates (Ibb, Taizz, the Capital Secretariat (Sana’a), Hajjah, Sa’ada, Amran, Al Hudaydah, Sana’a, Dhamar, Al Mahwit, and Al Bayda). Forces loyal to President Hadi and the “Popular Resistance” were responsible for 59 incidents in the governorates of Marib, Taizz, Al Jawf, and Hadramaut. The Security Belt Forces and the Hadhrami Elite Forces (proxy Emirati forces) and the Special Forces, Counter-Terrorism Forces, Emergency Forces, security agencies, and the forces of the Support and Assistance Brigades were responsible for 33 cases in the governorates of Aden, Lahj, Shabwah, Abyan, and Hadramaut.

Some of the most harmful impacts of the war on civilians and their families can be seen through the abusive detention practices adopted by the warring parties. In 2018, hundreds of civilians were arbitrarily detained and deprived of their basic rights from the moment they were arrested.

Arbitrary detention often opens the door to a series of human rights violations. Arrests are often conducted without a warrant and without the person told the reason for their detention. Human rights defenders, journalist, students and members of religious minorities have been arbitrarily detained in Yemen. The arbitrarily detained are often deprived of the necessary tools to defend themselves against any charges that may be levelled against them. Many are subjected to enforced disappearance, torture and other forms of harsh, inhumane, and degrading treatment. Many in Yemen no longer expect a fair trial—assuming it will not be granted.

During 2018, around 24 arbitrarily detained individuals whose cases Mwatana had previously documented were released, some due to follow-up and work by Mwatana’s Legal Support Unit.

Legal Framework

Both international humanitarian law and international human rights law prohibit arbitrary detention. Arbitrary detention is prohibited during international and non-international armed conflicts. Human rights law is also clear on the prohibition. Multiple treaties provide that no one may be subjected to arbitrary detention or arrest. Article 9 of the International Covenant on Civil and Political Rights, to which Yemen is a signatory,  states that, “No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” The UN Human Rights Committee has stated that states may not invoke a state of emergency to justify arbitrary detention. A valid reason for detention is required for both the initial detention and the continuation of that detention. To prevent arbitrary detention, there is an obligation to inform a person of the reasons for their arrest, to bring them promptly before a judge and to provide them an opportunity to challenge the lawfulness of their detention.

 

The Yemeni Constitution requires the state to “guarantee to its citizens their personal freedom, preserve their dignity and their security.” The Constitution prohibits arrests, searches, and detentions unless based on a judicial warrant or an order from the public prosecutor’s office. The Constitution also requires the Public Prosecutor to “file charges against an individual that is detained for a crime within 24 hours of their detention”; “only the judiciary can extend the detention to more than the first seven days.” Officials who deprive individuals of their freedoms accidently shall be subject to up to five years of prison, according to the Yemeni Penal Code.

 

 

 

Case Studies

●        On the morning of Monday, 23 April 2018, two individuals wearing civilian clothes, members of the 35^th Brigade,  loyal to President Hadi, came to “Khaldoon’s” home (28 years old, pseudonym) in Al Silw  area in Taizz governorate and detained him.

The members of the 35^th Brigade took “Khaldoon” from his home to the Brigade’s headquarters, located in Bir Basha in the western part of Taizz city. Khaldoon was not charged; all he was told was that he was suspected of being a member of Ansar Allah (Houthis). Khaldoon’s brother, “Sameer” (36 years old, pseudony), said: “It took me four hours and a sizeable amount of money to get to the headquarters of the 35^th Brigade with my mother. When we arrived, they only allowed my mother to visit him, and when my mother came out, she was unable to stop crying. Since that time, she will start crying whenever she remembers her son, and this has had a clear impact on her sight and overall health.” The detention also affected Sameer: “I visited my brother another time in June, and I was with him for only five minutes. During that visit, there were armed men with us, and I asked him about his conditions and the area where he was being detained. He told me he was being detained in a cell that is 2 meters squared, and that he is in it with another detainee. He told me that he gets beat by the interrogators, and I could not talk with him any more than that because there were armed men around us.”^[1]

●        During the afternoon of Sunday, 10 June 2018, Ansar Allah (Houthis) arbitrarily detained Saeed “Muhammad” (19 years old, pseudonym) from Far’ Al Udayn district in Ibb governorate.

“Saleh” (18 years old, pseudonym), the victim’s brother, said: “A military vehicle belonging to Ansar Allah (Houthis) came, and there were armed men on it. Some of them were in civilian clothes, while others were in military uniforms. The armed men gave the sheikh of the village a list of names of individuals wanted for questioning on security matters, and the list had my brother’s name on it. I asked the sheikh why they wanted to see my brother, and he told me that these were just routine procedures.”^[2] Saleh confirmed that his brother works in Marib governorate, under the control of forces loyal to President Hadi. This was apparently the reason “Muhammed” was detained. He said: “Yes, my brother works in Marib, but he works in construction. We are rural people, and we have not gotten a chance to get an education… [Ansar Allah] are now harassing us just because we are trying to find work outside the borders that they have drawn for us.”^[3]

●        On Friday, 27 July 2018, at around 4 am, armed men, some wearing military uniforms and others in civilian clothes, came in six military vehicles belonging to the military police, detaining eight members of a family in Taizz.

The military police raided the home of “Hibah Ali” (female, 34 years old, pseudonym) in Al Nour in Al Mudhaffar district of Taizz governorate. The armed men detained her and her four sisters, along with her mother, father, and younger brother. The family members were all taken to the military police headquarters in Al Muroor area in Taizz governorate.

The armed men separately took each of the family members into rooms to interrogate them. The interrogating officer asked them questions and searched their phones. After that, he ordered other officers to take Hibah’s father back to their home for another search. The search and interrogations did not yield anything. Seven of the eight family members were released—except for Hibah. She was detained in the military police office for about 7 days, when she was transferred to the Central Prison in Taizz city. She remained there, until being released on 20 August 2018.

Her sister, “Asma’a” (27 years old, pseudonym), said: “They asked us where the weapons that Hibah brought home were, and we kept begging them and swearing up and down that Hibah was innocent and that there was nothing that linked her with her husband’s work with the Houthis.” She added, “What is the crime that we have committed to be treated and humiliated in this way? This was done to us in front of everyone in the street. They detained my sister, and they looted our electronics.”^[4]

Hibah’s husband was soldier for Ansar Allah, but Hibah was not involved in her husband’s work.

●        On the night of Tuesday, 14 August 2018, armed men dressed in military clothes from Ansar Allah (Houthis) abducted Kamal Al Shawish, an assistant Mwatana field researcher, while he was in a café in Sana’a Street in Al Hudaydah city.

The armed men from Ansar Allah took Al Shawish to a gold colored vehicle. They covered his eyes and took him to an unknown location. After Mwatana made a number of calls to determine where Shawish was being held, someone eventually said Ansar Allah was detaining Al Shawish in the Political Security Organization prison in Al Hudaydah. No warrant had been issued, he was not charged, nor was he given any formal justification for his arrest or detention.^[5] After repeated efforts by Mwatana to secure his release, Al Shawish was released—spending a total of 43 days arbitrarily detained.

●        On the afternoon of Tuesday, 18 September 2018, Ali Al Sharabi (47 years old) was stopped near his home in Sana’a by a supervisor from Ansar Allah (Houthis) who had two armed men with him, and then detained for about two months.

The Ansar Allah supervisor asked Ali to go with the three men to Al Sunainah Police Station in the Maeen district of the Capital Secretariat (Sana’a). Ali was detained there for five days, and then taken to the Criminal Investigation Department for two days. After that, he was transferred to the National Security Bureau. At night on Friday, 5 October 2018, while activists on social media were calling for people to participate in protests under the name of A Revolution of the Hungry, Al Masirah channel, owned by Ansar Allah, broadcast a clip of Ali in detention. The news anchor claimed Ali was “one of the most dangerous members of the destructive cells that are managed by forces outside Yemen.” Al Sharabi appeared in the clip tired and said that he was in contact with parties outside Yemen to organize mass movements under the title of the “A Revolution of the Hungry“.

Ali’s friend, Muhammad Ali Wadf (48 years old), said: “Ali Al Sharabi is someone who is known for his honesty, and he will talk about the things that he believes in public, with anyone. He did not work for any side, and, if he did, he would not have remained here in Sana’a.” Ali Al Sharabi was released, on 28 November 2018.