SAM for Rights and Liberties and the American Center for Justice express their deep shock and regret over reports concerning the handover of the body of Yemeni politician and senior Islah Party leader Mohammed Qahtan, after many years of enforced disappearance and after his family was denied any knowledge of his fate or the ability to communicate with him, in one of Yemen’s most alarming cases of detention and enforced disappearance.

The two organizations affirm that the case of Mohammed Qahtan is not merely an individual tragedy, but rather reflects a dangerous pattern of grave violations that have accompanied the Yemeni conflict, foremost among them enforced disappearance, detention outside the framework of the law, and the denial of basic safeguards guaranteed to detainees under international human rights law and international humanitarian law.

Testimonies and information documented by SAM and the American Center for Justice over years of following the case indicate that the Houthi group bears direct legal responsibility for the arrest and enforced disappearance of politician Mohammed Qahtan. This responsibility lies foremost with Abdul-Malik al-Houthi, in his capacity as the group’s supreme leader and the person ultimately responsible for this file, and with Mahdi al-Mashat, in his capacity as head of the group’s Supreme Political Council and the official responsible for Qahtan’s detention in the home of Hamid al-Ahmar after it was seized, according to the testimony of Qahtan’s son, Abdulrahman Qahtan, who was able to visit him only once. Accordingly, both bear personal responsibility, in addition to command and control responsibility over the bodies and entities that detained and disappeared him.

The two organizations consider that any handover of the body, should the incident be confirmed, cannot close the case or end demands for justice. Rather, it requires the opening of an independent and impartial investigation to uncover all circumstances surrounding his detention and enforced disappearance, the conditions he endured during the years of his detention, the real causes that led to his death, and the determination of individual and institutional responsibilities at all levels. All those involved must be held accountable in accordance with international human rights law and international humanitarian law, in a manner that guarantees the right of the victim, his family, and society to know the truth, achieve justice, and prevent impunity.

SAM and the American Center for Justice stress that Qahtan’s continued disappearance over all these years, and the absence of any official and reliable information regarding his health, legal status, or place of detention, constitute a blatant violation of his right to liberty and personal security and of his family’s right to know the truth. His death during detention or enforced disappearance, if proven, raises serious concerns of legal responsibility for grave violations that may amount to international crimes requiring investigation and accountability.

The two organizations stated that they received an exclusive testimony from Abdulrahman Mohammed Qahtan, the son of the late Qahtan, in which he revealed shocking details regarding the condition of the remains and the procedures that accompanied the handover. He stated that what the family received was not a complete body, but only the lower part, while the head was entirely missing, along with the rib cage, parts of the hand, and all but one bone of the spine.

Abdulrahman noted that the family raised clear objections from the outset, considering that the preservation of the lower part of the body while the head and other major parts were missing raised serious questions, particularly in light of the explanations provided to them, which failed to dispel their doubts. He added that the family was subjected to pressure during the handover procedures. According to his account, they were expected to “receive the remains, sign, provide DNA samples, and leave,” without being given an opportunity to discuss the circumstances or obtain clear answers.

He explained that the family’s lawyer, Mr. Hassan al-Qubaisi, requested that the DNA results of the upper part, if found, be linked to the lower part in order to conclusively verify the identity of the body, as establishing the identity of Mohammed Qahtan is a legal and humanitarian priority for the family.

Abdulrahman added that the family prepared four DNA samples: one for the International Committee of the Red Cross, one for forensic medicine, one for the Houthi-affiliated committee, and one retained by the family. He explained that they questioned the rationale for taking samples by parties that, in his words, are still unable to confirm the identity of the remains or provide a comprehensive explanation regarding them.

He further stated that, during discussion sessions, the family attempted to obtain answers regarding when, where, and how Mohammed Qahtan died. However, Houthi representatives did not provide a clear account and merely indicated that the death occurred “approximately” on April 21, 2015, while justifying the loss of evidence by claiming that criminal investigation files had been destroyed as a result of coalition airstrikes.

Qahtan’s son emphasized that these explanations were not convincing to the family, especially given the absence of the head and rib cage. He noted that Houthi representatives justified the disappearance of parts of the body by saying that aerial bombardment can sometimes destroy parts of victims’ bodies. However, the family considered this explanation inconsistent with the fact that the lower half of the body remained almost intact, which increased doubts about the circumstances of death.

He pointed out that the family repeatedly demanded disclosure of the true manner in which Mohammed Qahtan was killed. He explained that the absence of major parts of the body led the family to raise other possibilities, including that he may have been liquidated and shot in the chest or head, and that those parts may have been concealed in order to erase evidence related to the cause of death. He stressed that these questions require an independent criminal investigation.

Abdulrahman added that the family is awaiting the results of the DNA tests, explaining that the International Committee of the Red Cross will send the samples to the United Kingdom for testing, while the procedures to be followed by the other parties remain unclear. He also noted that the family had received promises that it would obtain a full report after the tests are completed. However, the family remains unconvinced by the explanations provided so far, stressing that the handover of remains limited to the lower half of the body, without the head, rib cage, or other essential parts, raises serious doubts that cannot be ignored.

SAM and the American Center for Justice stressed that any handover of the body, should the incident be confirmed, cannot close the case or end demands for justice. Rather, it requires the opening of an independent and impartial investigation to uncover all circumstances surrounding the detention and enforced disappearance, the conditions the victim endured during the years of detention, the real causes that led to his death, and the determination of individual and institutional responsibilities at various levels. All those involved must be held accountable in accordance with international human rights law and international humanitarian law, in a manner that guarantees the right of the victim, his family, and society to know the truth, achieve justice, and prevent impunity.

The two organizations affirmed that the continued disappearance of Mohammed Qahtan over all these years, and the absence of any official and reliable information regarding his health, legal status, or place of detention, constitute a blatant violation of the right to liberty and personal security and of his family’s right to know the truth. His death during detention or enforced disappearance, if proven, raises serious concerns of legal responsibility for grave violations that may amount to international crimes requiring investigation and accountability.

The two organizations expressed their full solidarity with Mohammed Qahtan’s family and relatives, stressing that handing over the body cannot serve as a substitute for revealing the full truth, nor does it exempt any party from legal and moral responsibility for the circumstances of his detention, disappearance, and the events that led to his death.

The two organizations called for the formation of an independent and impartial international investigation committee, under United Nations supervision, to investigate all circumstances of the case, including the conditions of detention, his health during the period of disappearance, the true causes of death, and the identification of those responsible. They also called for ensuring that no person or entity involved escapes legal accountability, for a professional and independent forensic examination and autopsy to be conducted in accordance with internationally recognized standards, for the family and its lawyers to be enabled to review the results, and for all evidence related to the case to be preserved and protected from tampering or destruction.

The two organizations noted that the case of Mohammed Qahtan reopens the file of thousands of cases of enforced disappearance and arbitrary detention in Yemen, affecting politicians, journalists, activists, and civilians from various affiliations and regions and carried out by multiple parties to the conflict. They stressed that addressing this file cannot be achieved through political settlements or silence, but only through truth, justice, reparations, and guarantees of non-repetition.

The two organizations affirmed that the case of Mohammed Qahtan must not be subject to any political bargaining, and that the absence of accountability for this crime will open the door to further grave violations that have led to the deaths of dozens under torture in Houthi prisons. They called on all civil and human rights actors to assume their responsibilities by pressing for an independent and transparent investigation and ensuring accountability and an end to impunity.

SAM and the American Center for Justice called on the United Nations, the Human Rights Council, and the relevant special procedures concerned with enforced disappearance, arbitrary detention, and extrajudicial executions to urgently follow up on the case and take the necessary steps to ensure an independent and transparent investigation that leads to the truth being revealed and justice being served for the victim and his family.