SAM submits a report to the working team responsible for cases of enforced disappearance and the special rapporteur on the issue of torture regarding violations of the rights of detainees inside the prisons of the Houthi group

Geneva - SAM Organization for Rights and Liberties stated that it has filed a second report to the Working Group on Arbitrary Detention, the Special Rapporteur on torture, the Special Rapporteur on extrajudicial and arbitrary executions, the Special Rapporteur on the independence of the judiciary and lawyers, highlighting the violation of the right to a fair trial before courts under the control of the Houthi group for dozens of cases documented by the organization's field team.

SAM has confirmed that its report is part of its commitment to ensure the principle of accountability and prevent impunity, in partnership with the "Justice4Yemen Pact", which includes several Yemeni human rights organizations working to achieve justice for all victims of human rights violations.

The report submitted by the organization includes a legal study on the case of several detainees, including Dr. Youssef Al-Bawab, Nasr Al-Salami, and others, who have been subjected to arbitrary detention from the streets, workplaces, and homes, enforced disappearance, torture, and deprivation of their legal right to a fair trial before judicial bodies affiliated with the Houthi group. The study, prepared by a specialized legal team, has found a prevailing pattern of extracting confessions and forcing false charges in order to incriminate individuals.

The organization stated in its report that the Houthi group, Ansar Allah, has been following a policy of enforced disappearance accompanied by threats, torture, and cruel, inhuman, or degrading treatment. Examples of such treatment include suspension by the wrists, electric shocks, deprivation of food, prolonged nightly interrogations, sleep deprivation, as well as media defamation aimed at forcing the victims to confess to charges and recording those coerced confessions for dissemination through the media.

The organization has confirmed that the Houthi group deliberately violated the constitutional guarantees that detainees are supposed to enjoy, such as detaining them for more than 24 hours without presenting them to the prosecution, depriving them of the right to meet with their lawyers during the interrogation period, and continuing to use torture as a systematic method to humiliate and intimidate the detainees. Additionally, there have been cases of medical and physical neglect.

The information obtained by the organization's monitoring team has revealed the difficulties faced by the victims' lawyers in easily obtaining documents and case-related materials. This makes it extremely challenging for the lawyers to prepare a defense. Additionally, the prosecution's evidence is often limited to written statements, denying the accused and their lawyers the opportunity to examine witnesses or present evidence that refutes the prosecution's claims.

The lawyers also face harassment and threats from some supporters of the Houthi group, and there is clear bias among the judges in favor of the group. The political interference in the appointment of judges and public prosecutors has compromised the supposed neutrality of the judiciary, leading to widespread corruption within one of the pillars of justice.

It has been established by SAM that the right to appear before an impartial and independent court in Yemen cannot be ensured contrary to local laws such as the Yemeni Constitution and the Criminal Procedure Law, as well as international laws such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture, and the Convention on Enforced Disappearance, which prohibit all forms of cruel treatment.

The accompanying study in the report revealed that the Houthi group deliberately violated the constitutional guarantees that detainees are supposed to have, such as detaining them for more than 24 hours without presenting them to the prosecution, depriving them of the right to meet with their lawyers during the interrogation period, and continuing to use torture as a systematic means to humiliate and intimidate the detainees. Additionally, there have been cases of medical and physical neglect, which is in violation of local laws such as the Yemeni Constitution and the Criminal Procedure Law, as well as international laws such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture, and the Convention on Enforced Disappearance, all of which prohibit all forms of cruel treatment.

Article 48 of the Yemeni Constitution and Articles 7 and 8 of the Yemeni Criminal Trials Law guarantee the victim's right to defense. This includes being informed of the charges against them within twenty-four hours of their arrest, the right to meet with their lawyer, and the opportunity to discuss the evidence presented against them. This right is one of the key features of the defense of a detained individual, which has been violated in the case under investigation. It has been revealed through the investigation, conducted two years after enforced disappearance, that the victims were unaware of the reasons for their arrest. For example, when they were questioned by the specialized prosecution about the reasons for their apprehension, their response was that they were unaware of the reasons for their arrest.

The organization concluded its statement with several demands, the most important of which are the release of the detainees and allowing them access to their lawyers and family visits. They also called on the Working Group on Enforced or Involuntary Disappearances and the Special Rapporteur on Torture to engage with the Houthi group, urging them to cease their violations against the detainees and prevent their recurrence in the future. Furthermore, they emphasized the importance of ensuring that the judicial bodies affiliated with the group adhere to measures that guarantee the respect of human rights in Yemen, including the right to arbitrary detention, the right to defense, and the right to a fair trial.