A/HRC/25/60/Add.2 Yemen (a) UA 13/08/2012 Case No. YEM 3/2013 State Reply: None to date Alleged torture, incommunicado and secret detention of Mr. Muhammad Ahmad Naji Obayd Al Haribi. 186. The Special Rapporteur regrets that the Government of Yemen has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged torture and incommunicado and secret detention of Mr. Muhammad Ahmad Naji Obayd Al Haribi in a secret prison in Sana’a and in the Yemeni Intelligence Service’s National Security headquarters’ Al Qala’a prison. It was reported that on 9 November 2012, Mr. Al Haribi was arrested without judicial warrant and that his family was informed of the arrest by a civilian. According to the information received, Mr. Al Haribi was never brought before a judge and he was subjected to torture and ill-treatment during the 33 weeks he spent in detention. It was reported that Mr. Al Haribi is an activist with the Southern Yemeni secessionist movement. Reportedly, Mr. Al Haribi suffered physically and psychologically while being detained incommunicado for 33 weeks in a secret prison in Sana’a and the Yemeni Intelligence Service’s National Security headquarters’ Al Qala’a prison. It has also been reported that most of those detained in the Al Qala’a prison leave with serious and permanent injuries; some have allegedly even lost their mind as a result of long periods of detention, torture and other cruel and inhuman or degrading treatment. Additionally, it was reported that Mr. Haribi’s detention was arbitrary. In this context, the Special Rapporteur reiterates that each Government has the obligation to protect the right to physical and mental integrity of all persons. Due to the lack of information provided by the Government, the Special Rapporteur concludes that Mr. Al Haribi has been subjected to torture, ill-treatment and incommunicado detention and that his rights have therefore been violated. (b) JUA 14/12/2012 Case No. YEM 1/2012 State reply: None to date Alleged risk of 23 executions and two executions carried out in 2012 against individuals who were minors at the time of the alleged offence. 187. The Special Rapporteur regrets that the Government of the Republic of the Yemen has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to alleged execution of two minors, and the imminent execution of twenty three individuals reported to be minors at the time of the offense. Ms. Hind al-Barti was reported to be 16 years old at the time of her offense, and Mr. Fuad Ahmad Ali al-Sayyid was reportedly a minor as well, yet both individuals were executed. Mr. al-Sayyid was the subject of a past communication made by the Special Rapporteur on extrajudicial, summary or arbitrary executions on 23 December 2010, where concern was expressed that he was awaiting execution despite being a minor at the time of his offense. A reply regarding this communication is still awaited. In addition to these executions, 23 other individuals who were allegedly minors at the time they committed their offense are at risk of execution. Three of them, namely Messrs. Muhammad Taher Samoum in Ibb, Waleed Hussein Haikal in Sana’a and Muhammad Abduh Qasem al-Taweel in Ibb, are believed to risk imminent execution, due to the fact that their death sentences have been ratified by the President. In this context, the Special Rapporteur reminds the Government of Yemen that sentencing a person to death for having committed a crime when under eighteen years old amounts to cruel, inhuman and degrading punishment, which is prohibited inter alia in the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Special Rapporteur reiterates in his recent report to the General Assembly that "not only is the enforcement of the death penalty in these cases [juveniles] 137

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