1.7.4Forced Return to Countries where Torture is Systematically Practiced
Alkarama notes that Yemen fails to provide in its periodic report any substantial information on the measures taken, if any, to protect foreign nationals and asylum-seekers from extradition and forced returns to countries where they are likely to be subjected to torture, ill-treatment or suffer serious human rights violations. Past records and information gathered by Alkarama, as set out below, demonstrate that Yemen has deported non-nationals to countries where there are substantial grounds for believing that they would be in danger of being subjected to torture or inhuman and degrading treatment.
In February 2004, for example, Yemen handed over at least 23 Egyptian nationals who had been sentenced to death in absentia in their country to Egyptian intelligence services. These included Seid Imam Abdulaziz Al Cherif, Mohamed Abdelaziz Al Jamal, Athman Al Semman, Tarek Naim Abdelajawed, Hilmi Shaaban and Fawzi Mohammed Atta. They were arrested on their arrival in Egypt and held in secret, which meant our organization was unable to obtain any information about their fate.
On 17 July 2007, nine people: eight soldiers and a civilian, Farj Athmane Mohamed, Mohamed Abdou Lahada, Gebrait Dwit Haïlé Makele, Jamal Mahmoud Al Amine, Serradj Ahmed Daoud, Yassine Athmane Amar, Abdullah Ibrahim Mahmoud, Barkhat Yohanes Abraha and Mohamed Ahmed Abdullah, all of Eritrean nationality, fled their country aboard a military vessel and landed at the port of Midi in the north-west of Yemen, where they surrendered themselves to the authorities. They were nevertheless placed in a detention center pending deportation. They did not have any opportunity to apply for asylum or legally challenge their expulsion. They were finally deported back to their country in September 2007 and our organization has remained without news of them since.100
In another case, two brothers, Ahmed Abdelwahab Abdelghani and Mohammed Abdelwahab Abdelghani, of Syrian nationality, had travelled to Yemen in late 2001 to begin their studies at the University of Science and Technology. On 16 September 2003, they were arrested by Political Security with seven other men suspected of terrorist activities. After 17 months of harrowing detention in Sana’a prison, they were presented before the Special Criminal Court with their trial lasting until February 2006. Ahmed was sentenced to two years and 5 months, which he had already served, so he was released and forced to leave the country despite being sought by the Syrian authorities, known for their use of torture. His brother received a sentence of 3 years and 4 months. As for Mohammed, he continued to be arbitrarily detained in the Political Security detention centre after completing his sentence.
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