CAT/C/50/D/467/2011
the opposite. In addition, they refer to a number of recent reports 10 indicating that torture
and other ill-treatment are widespread practices in Yemen and that they are committed,
generally with impunity, against detainees held in connection with politically motivated
acts, peaceful demonstrations or ordinary criminal offences.
5.2
With regard to the State party’s arguments that the first complainant has not been
able to prove that he would face a foreseeable, personal and real risk of being subjected to
torture if returned to Yemen, and that the attestations provided by him to the asylum
authorities have been written by complaisance, the first complainant recalls that he handed
in several official documents in support of his allegations and that these allegations find
confirmation in independent reports. The State party, however, has not substantiated its
claim that these documents may be inauthentic. In particular, there are no specific
indications of falsification. As to the State party’s criticism that the attestations do not
indicate the source of the information that they contain, the complainants argue that since it
is impossible for them to prove the authenticity of these documents, they must be accepted
as evidence until proven inauthentic.
5.3
In relation to the State party’s assertion that the first complainant did not take part in
significant political activity before his departure from Yemen, except for the demonstration
that led to his arrest, the first complainant recalls that he was a member of the Yemeni
Socialist Party before the unification of Yemen. He adds that, while his statement that he
was a member in order to obtain certain privileges clearly implies that he did not agree with
the views of the Yemeni Socialist Party, he also stated during the asylum interviews that he
always had a certain “internal anger”, meaning that he was unhappy with the political
situation and wanted things to change. The first complainant submits that the demonstration
in the course of which he had been beaten and arrested together with his earlier membership
in the Yemeni Socialist Party were apparently enough to make him a target of the Yemeni
authorities. Moreover, irrespective of his previous political motivation, it does not take
much to trigger the suspicion of the Yemeni authorities and to consequently face torture or
other ill-treatment.
5.4
The first complainant further submits that the attestation issued on 22 January 2011
by the Southern Democratic Assembly in the United Kingdom states, inter alia, that his
previous political activities and his membership in the Southern Democratic Assembly has
made him a target of the Yemeni security service.
5.5
As to the State party’s arguments summarized in paragraphs 4.15 and 4.16 above,
the first complainant submits that he holds an important position in the Southern
Democratic Assembly in the canton of Fribourg and adds that there are reasons to believe
that he will be apprehended upon his return to Yemen due to his past experiences in that
country. Moreover, a simple search on the Internet could reveal his political activities in
exile. The first complainant recalls his initial claims that he comes from a politically active
family and that his family name alone is sufficient to trigger the suspicion of the Yemeni
authorities (see paragraph 3.4 above). Furthermore, due to his detention in Yemen after the
demonstration of 21 May 2009, it is very likely that he is known to the Yemeni authorities
and will therefore be identified by them upon arrival.
5.6
Concerning the credibility of the explanations given by the first complainant as to
how he left Yemen, he submits that the friend who helped him organize the departure put
himself at a risk. The first complainant adds that there is no reason why this should not be
10
See UN News Centre, “New outbreak of violence displaces thousands more in Yemen – UN refugee
agency”, 9 March 2012, available at http://www.un.org/apps/news/story.asp?NewsID=41500; and
Amnesty International, Yemen: Submission to the UN Human Rights Committee, 104th session of the
Human Rights Committee, 12–30 March 2012, London, 2012.
11