Geneva - SAM Organization for Rights and Liberties stated that the criminal division in Sana'a, under the control of the Houthi armed group, has upheld a death sentence against three civilians from Al-Mahwit Governorate, after nine years of detention and enforced disappearance. They were accused of participating in an armed gang and collaborating with the aggressor states, in a serious development that reflects the ongoing violations of human rights and raises significant concerns regarding the independence of the judiciary in areas controlled by the Houthis. This also confirms the continued use of harsh penalties as a means to intimidate political opponents.
SAM reported that the victims were subjected to a range of severe human rights violations, starting from illegal detention and enforced disappearance, to torture, cruel treatment, and the absence of a fair trial. This constitutes a strong basis for demanding justice for the victims and halting human rights violations in Houthi-controlled areas.
SAM noted that the victims who were sentenced to death by the specialized criminal division in the capital Sana'a are: Ismail Mohammed Abu Al-Ghaith, Sagheer Ahmed Saleh Farah, and Abdulaziz Ahmed Ahmed Al-Aqili, all from Al-Mahwit Governorate. They were arrested in 2015 by the Houthi group as part of a campaign of abductions targeting its political opponents.
Background of the Case:
The details of the case date back to October 2015, when the first individual was arrested in the Khamees Bani Saad area on April 4, 2015, by the Houthi group and taken to an unknown location. The second and third individuals were arrested at a security checkpoint in the Nehm area of Sana'a Governorate on January 5, 2015, while attempting to escape from persecution due to their political affiliation, and were also taken to an unknown location.
Enforced Disappearance:
The detainees remained forcibly disappeared for more than five years, with their families unaware of their fate or the locations of their detention. A source close to the victims mentioned that after years of enforced disappearance, it was later revealed that they had been hidden in a dark stable inside one of the abandoned caves located in the Kawkaban Mountain area of Al-Mahwit.
The victims were subjected to cruel forms of torture:
A legal source close to the detainees confirmed that during the years of enforced disappearance, they were subjected to the most horrific forms of torture and inhumane treatment. One of them, Sagheer Farah, was unable to stand on his feet and still suffers from difficulty walking. Medical reports confirm that he was subjected to brutal torture. As for Abdulaziz Al-Aqili, his eyesight has become very weak due to being kept in a dark place. Their suffering is indescribable, and there is not enough space here to present it in full, according to the source.
Mohammed, the brother of the detainee Sagheer Farah, said in an interview with SAM: "When we visited him, we found him in a heartbreaking condition due to the torture, disappearance, and solitary confinement he was subjected to."
According to the testimonies of former detainees who were released, the victim Ismail Abu Al-Ghaith and his colleagues were subjected to numerous painful forms of psychological and physical torture, including:
- Tying the feet and covering the eyes during interrogation and torture.
- Handcuffing for very long periods, with the marks still visible.
- Kicking, slapping, and hitting the face.
- Depriving them of water and food (starvation) for long periods.
- Placing them in underground solitary confinement cells with very high temperatures.
- Preventing them from going to the bathroom.
- Not allowing exposure to the sun or obtaining medicines.
- Looting the victim's family money by Houthi members, while deceiving them that they will release him.
- Constant transfer between different narrow prisons and cells containing filth, epidemics, insects, and snakes.
- Spraying with cold water and placing the victim almost naked on a block of ice for a long time.
- Hanging the victim for long periods after handcuffing his hands and feet together, which the Houthis call the "fish" position, while beating sensitive areas of the body.
The psychological torture the victim was subjected to included:
- Direct threats of being killed by weapons.
- Insulting the victim, hitting him, cursing, and using the most obscene words and phrases.
- Continuous interrogations and forcing him to sign papers without knowing their content.
- Accusing the victim of being a killer, criminal, and dealing with the aggressor states.
- Extorting the victim's family through huge and terrifying financial transfers.
Transfer of victims between several prisons:
SAM legal team explained that the victim Ismail Abu Al-Ghaith, along with the others, was transferred to a prison in the Al-Qurash Al-Kamp area in Bajil District in Hodeidah, then to one of the prisons in Hodeidah city, and then to a prison in Amran Governorate for four months. After that, he was transferred to the National Security Prison in Sana'a Governorate, in the Sarf area, then they were taken to Shibam Kawkaban area in Al-Mahwit Governorate, where they were placed in a rock cliff that had been used as a prison by the Houthis.
The victims were referred to Political Security:
SAM team found that at the end of 2020, the victims were referred to Political Security (currently Security and Intelligence) in Sana'a. They were accused of assassinating Ahmed Mohammed Al-Mahdi, Khaled Farhan, and his brother Abdullah, which allegedly occurred on August 4, 2015, in the Al-Lahma area of Al-Mahwit Governorate, about 100 kilometers from Bani Saad. They also faced other charges of a political nature.
Referral to the Criminal Prosecution:
In 2021, they were referred to the Specialized Criminal Prosecution in the Capital. The prosecution investigated them at the former Political Security headquarters, in the presence of officers who had previously interrogated them and threatened them that if they changed their statements, they would only blame themselves.
Charges Brought:
The team indicated that "the prosecution completed the investigation and disposed of their case, accusing them of participating in an armed gang with the aim of attacking the army, security, popular committees, political, social, security, and military figures." They were accused of several incidents under this charge, including the assassination of Ahmed Mohammed Al-Mahdi and his companions. They were also charged with political accusations, including cooperation with the coalition countries and working for foreign countries, as well as accusing them of traveling to Marib Governorate.
Referral to the Primary Criminal Court:
The team stated that the prosecution referred them to the Primary Specialized Criminal Court in the Capital for trial. The Primary Court proceeded with the trial procedures, which were only a symbolic trial lacking the basic elements of a fair and impartial trial.
Conditions and Procedures of the Trial:
The legal team affirms that the procedures of the Primary Court were marred by serious violations of the provisions of the Constitution, the Code of Criminal Procedure, and international covenants related to a fair trial. The case file documents lack any evidence proving the charges against them in the indictment, except for the alleged statements attributed to them, which were recorded by unknown persons during their enforced disappearance and denied by the detainees before the court.
The legal team added that they objected to the invalidity of these statements and their inaccuracy, and that the padding, changing of dates, erasure, and context of the speech in them indicate their falsity and fabrication after five years of enforced disappearance and framing them with the charges. The call records extracted from the telecommunications company confirmed that the first accused, Ismail Abu Al-Ghaith, was in Khamees Bani Saad at the time of the assassination of Ahmed Mohammed Al-Mahdi and his companions, and that the second was in the same place, about 100 kilometers from the Al-Lahma area, which takes about an hour and a half to two hours by car.
He mentioned that the court was dealing with this case differently from other cases, in a way that is striking to the average person, indicating the existence of specific directives in this case, including the speed in holding its sessions, which were weekly, and sometimes every two weeks. There was an obvious influence of Ahmed Mohammed Al-Mahdi's relatives on the course of the case, supported by state agencies, which met all their demands for evidence.
Conviction of the Accused:
The Primary Court concluded by convicting the accused of the charges attributed to them in the indictment and sentencing them to death as a retribution.
The three detainees appealed this verdict, while the heirs of Ahmed Al-Mahdi reserved their right to appeal against the accused. The Chamber accepted the appeal of Ahmed Mohammed Al-Mahdi's heirs, despite it being submitted by a non-party and legally inadmissible, as they had agreed to the Primary verdict and could not appeal against it. This was clearly argued, but the Chamber rejected the argument and accepted their appeal, which included demanding the death penalty for all the accused.
Procedures of the Appeal Trial:
During the trial proceedings before the Court of Appeal, this case also retained a unique character, as its sessions were held weekly, and in some instances every two weeks, unlike other cases before the Chamber. The lawyer added that the Chamber did not allow our clients, the appellants, to present their appeal evidence, nor did it permit them to respond to the prosecution's counter-appeal, despite the fact that the prosecution's appeal was invalid for accepting the initial ruling and was submitted after the legal deadline. Nevertheless, the proceedings of this case moved at a rapid pace, as if the court did not want to hear from the detainees, thus infringing upon their constitutional and legal rights to a fair trial. The verdict had seemingly been pre-formulated, and the trial was merely a façade to mislead public opinion into believing that a trial was taking place, according to the legal team.
Upholding the Initial Verdict:
The Court of Appeal concluded with a ruling to execute the accused in accordance with the wishes of the heirs of Ahmed Mohammed Al-Mahdi and his companions, thereby upholding the initial verdict of death as retribution, despite the lack of sufficient evidence supporting these charges. Additionally, the court upheld the other provisions of the initial ruling, including the three million riyals imposed as fines and litigation costs, with an added five hundred thousand riyals in fines and litigation costs for the appeal stage.
Appeal from the Victims' Families:
The families of the victims made an urgent appeal to local and international human rights organizations and dignitaries to take immediate action to secure the release of the detainees. They addressed the UN envoy, asking: "Where are you regarding the fate of the abductees in the prisons of the Houthi group? Where are you regarding the torture and oppression they face? Where are you concerning the rulings and decisions issued by the Houthi group against those who oppose them in thought and politics? Where is the humanity and human rights you boast about? Save these individuals so that they may find freedom."
The Verdict is Unjust and Lacks Fair Trial Standards:
Tawfiq Al-Humaidi, the head of SAM Organization, emphasized the severity of the ruling issued by the Houthi authorities, adding that the verdict is unjust and lacks the standards of a fair and impartial trial. Al-Humaidi pointed out that the Houthi group continues to insist on using the judiciary for political purposes, noting that most judicial rulings against political opponents are often issued during discussions about a political settlement or peace agreement, revealing the bad faith of the Houthi group and its manipulation of the judiciary to serve its political agenda.
SAM affirms that biased judicial procedures constitute a serious violation of human rights in Yemen, as all documented trials conducted by the judicial authorities under the control of the Houthi group are based on dubious allegations and lack any legal procedures guaranteed by the constitution and law for the victims. Furthermore, these trials are driven by political and ideological motives, primarily aimed at silencing dissent and curbing criticism of the group and its leaders. Regardless of the extent of these practices, they have never served as a guarantee or pathway to political stability in society; rather, these violations have led to social tensions, heightened animosity, and increased hostility among supporters of the conflicting parties.
SAM noted that law enforcement institutions in Yemen, including the judiciary, are among the most affected by the war, having undergone severe polarization that undermined the sanctity of the judiciary. Each authority in Yemen has established its own judicial council, supreme court, and ministry of justice, in addition to appointing a public prosecutor and judges for the Higher Judicial Institute. This has resulted in a failure to meet the standards of fair trials, transforming the judiciary into a tool of conflict and a means of revenge against opponents. This was clearly evident in the number of death sentences issued by specialized criminal courts against opponents, which, according to SAM statistics, reached 550 death sentences issued by courts affiliated with the Houthi group.
SAM emphasizes that the upholding of the death sentence in this case raises concerns about the independence of the judiciary in areas controlled by the Houthis and indicates the continued use of the death penalty by the Houthi group as a means to intimidate political opponents. The group has issued more than 550 death sentences against political opponents since 2014, reflecting the painful reality faced by many civilians in Yemen.
SAM Organization calls on the Houthi authorities to immediately and unconditionally release the three detainees and all other detainees who have been unlawfully held. The organization urges the international community to take urgent steps to pressure the Houthis to end these violations and protect the rights of detainees in Yemen.