A/HRC/28/68/Add.1
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
651. The joint allegation letter concerned the killing of 12 and injuries to 14 members of a
convoy of cars going to a wedding, and the killing of a 5-year-old child and injuries to three
women and a man in a separate drone attack the same day. It also mentioned two previous
drone attacks in September 2013 resulting in 11 other deaths of civilians. It referred also to
the alleged lack of any investigation into the four incidents.
652. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Yemen, failing to protect the physical integrity of the civilians
in question, and possibly consenting to the airstrike conducted by the United States, has
violated the right of these civilians to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT. The injuries constitute at least
cruel, inhuman or degrading treatment or even torture, and the Government has failed to
live up to its obligation to investigate, prosecute and punish every such incident.
(c)
JUA 16/06/2014 Case No. YEM 1/2014 State Reply: None to date Allegations of
incommunicado detention of Mr. Ahmed Ghanem Maarouf Al Masraba for almost 33
years.
653. The Special Rapporteur regrets that the Government of Yemen has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
654. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Yemen, by holding Mr. Al Masraba in incommunicado
detention for nearly 33 years, has violated the right of Mr. Al Masraba to be free from
torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the
CAT. The Rapporteur urges the Government of Yemen to take prompt measures to comply
with its international obligations and grant Mr. Al Masraba the full enjoyment of his rights.
(d)
JUA 09/07/2014 Case No. YEM 2/2014 State Reply: None to date Allegations of
incommunicado detention of Mr. Sharif Mobley, a U.S. citizen who was apprehended
due to his suspected contact with al-Qaeda.
655. The Special Rapporteur regrets that the Government of Yemen has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
656. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Yemen, by holding Mr. Mobley in incommunicado detention
without charge, has violated the right of Mr. Mobley to be free from torture or cruel,
inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
657. It has come to the attention of the Special Rapporteur that reportedly Mr. Mobley is
secretly detained in a Special Forces army base in Sanaa, and that this army base has
recently been taken over by the Houthi movement.
107
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