The Abductees’ Mothers Association strongly condemns and denounces the endorsement of the death sentence by the Specialized Criminal Appeals Division in its session on Sunday, July 28, 2024. This sentence, originally issued by the Specialized Criminal Court on December 31, 2022, despite the numerous procedural violations and lack of fair trial guarantees, has now been confirmed against: 1. Ismail Abu Al-Ghaith, 29 years old 2. Abdul Aziz Al-Aqili, 51 years old 3. Sagheer Ahmed Fare’a, 47 years old
Notably, the first abductee was detainees on July 20, 2015, while the second and third were arrested on September 29, 2015. International human rights standards guarantee individuals accused of capital crimes the right to the highest level of strict adherence to all fair trial guarantees and additional safeguards.
However, the procedures in this case were marred by numerous breaches and deliberate irregularities, starting from the arrest procedures. The identities of the arresting officers were not disclosed. They lack authorization from the prosecution or a judicial warrant. Additionally, the detainees were not allowed to contact their families or a lawyer to defend them, which is a clear violation of constitutional and legal provisions. The three detainees remained under enforced disappearance—held in unofficial detention sites—for over five years, during which they were denied any legal assistance and any contact or visits from their families. It was not until March 13, 2021, that their families were allowed to visit them for the first time since their abduction. The detainees reported that during interrogation, they were subjected to both physical and psychological torture, to the extent that one of them experienced impaired mobility and difficulty standing.
This situation constitutes a clear violation of Article 48(b) of the Yemeni Constitution, which states: “Every person whose freedom is restricted must have their dignity protected, and torture, whether physical, psychological, or moral, is prohibited. Coercion to confess during investigations is forbidden. A person whose freedom is restricted has the right to refrain from making any statements except in the presence of their lawyer. Detention or imprisonment in locations not governed by prison regulations is prohibited, and torture and inhumane treatment are forbidden during arrest or while in detention or imprisonment.”
The Universal Declaration of Human Rights also states that every person, on an equal footing with others, has the right to have their case heard by an independent and impartial court, in a fair and public trial, for any criminal charge brought against them. Every accused person is considered innocent until proven guilty in a public trial.
The accused detainees were referred to the Specialized Penal Prosecution in Sana’a on April 3, 2021, where they were investigated before being transferred to court on October 2, 2021. They were charged with forming an armed gang to attack state officials, including military and security personnel. They were also accused of killing three Houthi members on August 4, 2015 (at which time the first accused was in custody). This trial was conducted under unjust conditions, lacking the minimum standards of a fair trial as required by national and international laws.
We emphasize the importance of respecting the right to life as enshrined in international laws, including Article 6 of the International Covenant on Civil and Political Rights, which asserts that the right to life is inherent to every human being and must be protected by law. Arbitrary deprivation of life is intolerable.
We call upon all organizations, the UN envoy, and the UN Secretary-General to take serious action and pressure the Ansar Allah (Houthi) group to halt the death sentences against arbitrarily detained individuals, given that these trials lack fai
