YEMEN: STC MUST IMMEDIATELY RELEASE ARBITRARILY DETAINED HUMAN RIGHTS LAWYER AMID FEARS FOR HIS HEALTH

Amnesty International reviewed legal documents including a complaint submitted by Sami Yassin’s lawyer to the General Prosecutor, a lawsuit by his lawyer against the head of the Aden-based Specialized Criminal Prosecution, and a lawsuit against the deputy criminal prosecutor

The Southern Transitional Council (STC) de facto authorities must immediately and unconditionally release human rights lawyer Sami Yassin Ka’id Marsh, who has been arbitrarily detained without charge for four months merely for his work seeking accountability and justice for human rights violations in Yemen, Amnesty International said today.

The security forces of the STC physically assaulted and arbitrarily detained Sami Yassin on 16 November 2023 as he was leaving work at the Supreme Judicial Council and Judicial Inspection in Khormaksar, Aden governorate. Following his arrest, security forces held him for almost four months at al-Nasr military camp, an unofficial detention centre under the command of the Security Belt forces. According to leaked letters from Sami Yassin, while detained there he was tortured and held in solitary confinement. On 6 March, he was transferred to Bir Ahmad prison in Aden, where he remains to date amid serious concerns for his health after a photo leaked in early March showed him lying in a hospital bed.

Throughout his detention, he has been held incommunicado and denied his right to contact and meet his family and a legal representative.

“It is shameful that Sami Yassin is being punished for doing his job defending people whose human rights were violated. His arbitrary detention, torture and prolonged solitary confinement illustrate the chilling lengths to which STC de facto authorities are willing to go to silence human rights defenders,” said Grazia Careccia, Amnesty International’s Deputy Regional Director for the Middle East and North Africa.

The STC must immediately and unconditionally release Sami Yassin. Pending his release, he must be protected from torture and other ill-treatment and must be given, without delay, access to adequate medical care and regular access to his family and lawyer.

Grazia Careccia, Amnesty International

“The STC must immediately and unconditionally release Sami Yassin. Pending his release, he must be protected from torture and other ill-treatment and must be given, without delay, access to adequate medical care and regular access to his family and lawyer.”

Held incommunicado and in solitary confinement

Sami Yassin’s brother who is also one of his lawyers, told Amnesty International that before his detention, Sami Yassin received several threats from STC-affiliated security and judicial authority figures because of his work, including for following up on the case of a detainee who died in custody in June 2023 and the ongoing case of arbitrarily detained journalist Ahmad Maher.

The family informally learned from sources inside al-Nasr military camp and later from leaked letters from Sami Yassin that he was being held in solitary confinement while detained at al-Nasr military camp and was subjected to torture and ill-treatment, including being severely beaten and interrogated for prolonged periods at night.

Prolonged or indefinite solitary confinement amounts to torture or other cruel, inhuman, or degrading treatment or punishment, according to the Mandela Rules, and must not be imposed under any circumstances.

On 29 November 2023, Sami Yassin’s lawyer filed a complaint before the Public Prosecution of Southern Aden to investigate his assault and arbitrary detention at al-Nasr camp. In an investigation record by the Public Prosecution of Southern Aden reviewed by Amnesty International, a member of the prosecution attempted to meet Sami Yassin during a visit to al-Nasr camp on 3 December, but military officers prevented him from doing so under the pretext that the interrogation was still ongoing and that his case had been transferred to the criminal prosecution. However, he has not yet been charged.

According to his family, on 14 December 2023, military forces raided Sami Yassin’s home and office without a warrant and confiscated his case files and other personal documents. Two days later, Sami Yassin’s wife was summoned by the Aden-based Specialized Criminal Prosecution. During interrogation, she was questioned about her husband’s work and was intimidated and threatened with arrest and further reprisals against her husband if she did not cooperate with the criminal prosecution or if she spoke to the media about her husband’s case.

Deteriorating health conditions

In early March, Sami Yassin’s family received a leaked photo in which he appeared weak as he was lying on a hospital bed. The source told the family that he was constantly vomiting and in pain.

The STC de facto authorities must ensure that lawyers are free to exercise their profession without harassment, threats, or reprisal.

Grazia Careccia, Amnesty International

His lawyer submitted a request to the General Prosecutor on 10 March for Sami Yassin to be examined by a medical committee or transferred to a hospital and that a medical report with a clear diagnosis on his medical condition and the cause of his deteriorated health is submitted to the prosecution. To date, the authorities have not provided that.

“Sami Yassin’s arbitrary arrest and detention is an attack on the legal profession in Yemen and in particular on lawyers who continue to bravely defend human rights,” said Grazia Careccia.

“The STC de facto authorities must ensure that lawyers are free to exercise their profession without harassment, threats, or reprisal.”

Background

Amnesty International reviewed legal documents including a complaint submitted by Sami Yassin’s lawyer to the General Prosecutor, a lawsuit by his lawyer against the head of the Aden-based Specialized Criminal Prosecution, and a lawsuit against the deputy criminal prosecutor. The organization also reviewed a letter from the Ta’iz branch Yemeni Bar Association addressed to the General Prosecutor, and an investigation record by the Southern Aden public prosecution. The organization also listened to threats made to Sami Yassin on recorded voice messages to his phone and reviewed leaked letters he wrote to his family, which could not be independently verified.

Arbitrary detention violates the Yemeni Criminal Procedures Law and the International Covenant on Civil and Political Rights to which Yemen is a state party.

All parties to the conflict, including the Southern Transitional Council de facto authorities, the internationally recognized government and the Huthi de facto authorities have carried out arbitrary detentions, enforced disappearances, harassment, torture and other ill-treatment and unfair trials.

A 2018 report by Amnesty International details the cases of 51 men held in a network of secret prisons by UAE and UAE-supported Yemeni security forces in Southern Yemen operating outside the command of Yemen’s government. The vast majority of the cases involved enforced disappearances.