Yemen.. Human rights and civil organizations demand that the file of the disappeared be included among the priorities of the peace talks

Dozens of human rights and civil society organizations have called on the international sponsors of the peace talks in Yemen to include the issue of the forcibly disappeared among the priorities of the talks to end the crisis, and to form an international (temporary) investigation committee to protect the rights of victims and preserve evidence.

This came in a joint statement published by the Justice Charter for Yemen Coalition, issued by 60 human rights and civil society organizations on the occasion of the International Day of the Victims of Enforced Disappearances, which falls on August 30 of each year.

The organizations said in their statement, "On the International Day of the Victims of Enforced Disappearances, we appeal to the international sponsors of the peace talks in Yemen to include the file of the forcibly disappeared among the priorities of the talks to end the crisis, and for any transitional process to include the formation of a national committee to search for them and address their conditions and the conditions of their families."

She added, "Until we reach that, the UN Human Rights Council must form an international commission of inquiry to ensure that evidence is not lost and that cases are preserved for use in the upcoming opportunities for justice."

The statement explained that the human rights situation in Yemen is "dangerous", as enforced disappearance has become a widespread and worrying practice. It pointed out that the situation has not improved since last year, but has worsened in many cases.

While the coalition stressed that it is not possible to accurately determine the number of forcibly disappeared people in Yemen, it was guided by the latest report by Amnesty International and other organizations in 2023, which stated that the conflicting parties in Yemen committed 1,168 cases of enforced disappearance between 2014 and early 2023.

According to the report, the Houthi group was responsible for (596) cases, followed by the Southern Transitional Council, which was responsible for (349) cases, and the internationally recognized Yemeni government, which was responsible for 223 cases. In addition, the Saudi-Emirati-led coalition committed (38) cases of enforced disappearance, the Hadrami Elite Forces were associated with (28) cases, the Joint Forces with (15) cases, and the Giants Forces, in partnership with the Shabwa Defense Forces, with (9) cases of enforced disappearance.

The statement said that based on this report, it is clear that all parties involved in the Yemeni conflict are involved in the crimes of enforced disappearance of persons, including men, women and children. This crime is often justified under the guise of combating terrorism and confronting the threat of opponents, while in reality it is directed against perceived opponents or religious minorities, or as a tool of intimidation.

The statement stressed that in most cases of disappearance of persons, there is no evidence of any violations, but the parties to the conflict continue to use the issue of detainees and forcibly disappeared persons as a means of pressure in peace talks. The issue of forcibly disappeared persons often obstructs efforts made in prisoner exchange negotiations, as the parties’ refusal to disclose information related to the disappeared prevents their release, which negatively affects the peace negotiations, indicating that the negotiations file will not move forward unless this solution is resolved.

He explained that in the latest horrific incidents of enforced disappearance, the Houthis launched a campaign against dozens of employees of international and local agencies and organizations in Sana’a, and they were detained incommunicado. According to a joint statement between the UN agencies, (17) of its employees were detained. Human Rights Watch also confirmed that the Houthi security forces arrested more than (60) people between May 31 and June 12, all of whom are still unaccounted for except for one case. Women were not safe from this, as the fate of (4) women remains unknown to this moment.

The statement added, "This detention coincided with a massive media campaign, in which it was suggested that the detained civil society workers were part of an alleged American and Israeli spy network, which doubled the fear for their lives and contributed to undermining societal sympathy for them."

Heinous crimes

Regarding the reality in the areas controlled by the Houthis, the organizations said in their statement, “The Houthis have a long record of the crime of disappearing and torturing people. In a shocking ruling on July 28, 2024, the Specialized Criminal Court of Appeal in Sana’a confirmed the death sentences against three abductees who had been subjected to enforced disappearance for more than five years.”

In Aden (under the control of the Transitional Council), the statement highlighted cases of enforced disappearance there, explaining what was recently revealed by the Aden Police Director, who accused some officials in the Counter-Terrorism Forces of being involved in the disappearance of Lieutenant Colonel Ali Abdullah Ashal. He pointed out that despite the large number of disappearances, this was the first time that the authorities in Aden had taken public action against those accused of enforced disappearance.

“Many civilians remain forcibly disappeared or arbitrarily detained with the support of the authorities. For example, the Specialized Criminal Court in Aden sentenced journalist Ahmed Maher to four years in prison on charges of publishing false information. Maher was arrested by Southern Transitional Council forces in August 2022 and held incommunicado, where he was tortured and denied legal representation, contact with his family, and medical care,” the organizations continued.

The organizations pointed out that the data and facts of enforced disappearance in Yemen reveal a heinous crime that violates basic human rights, most notably the right to life. The suffering experienced by the disappeared and the deprivation of their families cannot be described. Every minute of their lives is a horror, and every new day is a nightmare.

She added, "According to a recent report issued by the Association of Mothers of Abductees and the Justice for Yemen Coalition, 75% of deaths in prisons are people who have been forcibly disappeared, deprived of communication with their families, and the legal protection guaranteed by the constitution and national laws. Families have also been deprived of the bodies of their loved ones, and forced to accept their deaths without a medical examination."

According to the same report, at least 58% of the disappeared suffer from terrible psychological stress after their release. Moreover, the impact of enforced disappearance extends beyond the victims, extending to their families and the lives of all individuals searching for them, as they suffer from deep psychological pain and ongoing suffering.

The statement stressed the need to heal the wounds of the families and loved ones of the forcibly disappeared by releasing them immediately.

The statement referred in this context to the violations that have affected journalists in Yemen for several years, stressing that they have faced "various forms of arrest and enforced disappearance. Most of those arrested were hidden for long periods before their families knew where they were being held, and they were subjected to various forms of torture. Three of them are still forcibly disappeared, and some of them have been missing for nine years without anything being known about them, according to the Media Freedoms Observatory report."

impunity

The Justice Charter for Yemen Coalition stressed that the practice of enforced disappearance in Yemen is widely rooted in the culture of impunity, which is the biggest obstacle to combating this crime. The situation continues to deteriorate, emphasizing the urgent need to intensify efforts to achieve justice for victims and their families and not to tolerate perpetrators, calling for practical measures to eliminate crimes of enforced disappearance and enhance the protection of human rights.

He pointed out that while Yemen has not ratified the International Convention against Enforced Disappearance, Yemeni legislation guarantees the freedom of individuals and criminalizes the deprivation of their freedom except in accordance with judicial procedures characterized by neutrality and integrity.

According to the UN Group of Eminent Experts on Yemen, Yemen’s ratification of the International Covenant on Civil and Political Rights is sufficient to oblige it not to engage in enforced disappearances. In addition, international practice requires that no circumstances or grounds, whatsoever, may be invoked to justify enforced disappearances, as stipulated in the UN Declaration on the Protection of All Persons from Enforced Disappearance.

Recommendations

The organizations' statement recommended that all parties to the conflict immediately stop enforced disappearances and arbitrary arrests, provide immediate information on the whereabouts of those who have been disappeared, and release those detained without charge.

The statement called on the Houthi group to end the enforced disappearance of employees of international and local organizations and release them unconditionally.

The organizations called on the internationally recognized Yemeni government to give priority to ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and ensuring its implementation by harmonizing national legislation with international treaties and agreements.

She also stressed the need for the internationally recognized Yemeni government to establish a national investigation body to investigate and search for the forcibly disappeared, address their situations, support their families, and work to enhance international cooperation and exchange information with all stakeholders from organizations, countries and entities that have succeeded in addressing cases of enforced disappearance.

At the end of their statement, the Justice Charter for Yemen Coalition and the signatory organizations called on the Human Rights Council to form an independent international commission mechanism to investigate violations of international law committed by parties during the conflict in Yemen, including non-Yemeni parties, and to ensure that the issue of the disappeared is addressed.

He also called on national and international actors to work to strengthen and protect local human rights and civil society organizations, especially those operating under Houthi control.