In the Darkness

Abusive Detention, Disappearance and Torture in Yemen's Unofficial Prisons- May 2016 – April 2020

Publisher
Publish Date
June 30, 2020
Pages Count
112
In the Darkness
Mwatana: Warring Parties Disappear, Torture and Arbitrarily Detain Hundreds at Unofficial Detention Centers Across Yemen
Press Release
Mwatana: Warring Parties Disappear, Torture and Arbitrarily Detain Hundreds at Unofficial Detention Centers Across Yemen
June 30, 2020
“I Even Searched For My Son in the Morgues”

Press Release

Executive Summary

“I even searched for my son in the morgues. I had to see the faces of the dead in order to know his fate.” – A mother whose son was disappeared in Yemen in 2016

The conflict in Yemen is entering its sixth year and has resulted in one of the worst man-made humanitarian crises in the world.

The scale and severity of abuse associated with detention practice in Yemen— including arbitrary detentions, enforced disappearances and torture—has had significant societal impact.

Hundreds of Yemeni civilians are dreaming of obtaining their stolen freedom and hundreds of families are struggling to find relatives disappeared across the country, while parties to the conflict continue to arbitrarily detain, forcibly disappear, torture and subject people to cruel, inhuman and degrading treatment. Even though the warring parties represent multiple, different authorities, they share the same unlawful behaviors.

On 10 April, health athuorites in the east of Yemen confirmed the first COVID-19 case[1] in the country. The health sector in Yemen has been decimated, the economy has crumbled, and the humanitarian response has been repeatedly and blatantly obstructed and interfered with by the warring parties. Those deprived of their liberty because of this war remain the worst affected. Fears that the epidemic will reach them are turning into nightmares for themselves and their families, with high spread  indicators of the virus in various regions of the country.

A Mwatana human rights study on the situation of detention facilities concluded that they are  overcrowded, unsanitary and without adequate ventilation, toilet or other hygiene facilities. Detainees often do not have access to items like soap. Health care is routinely not available and in some cases all together denied to detainees. Prison systems in Yemen do not have the capacity, medical supplies or resources to respond to COVID-19. These conditions put detainees and prisoners at heightened risk in times of a pandemic.

While conditions of detention across Yemen, including in official detention sites, are often appalling, this report focuses on unofficial detention sites. Unoffiical detention sites provoke particular concern given access to independent observers and families is almost always limited to non-existent, torture and other forms of cruel, inhuman and degrading treatment are particularly prevalent, and many of these sites are used to disappear people for lengthy periods.

The sites examined in this report include both unofficial sites used before the current conflict as well as new sites created over the last five years. As abusive detention has exploded during the conflict, so too has the use of  unofficial detention sites. Throughout the current conflict, the warring parties have taken over sites in the governorates they control, as well as creating a plethora of additional sites to hold, abusively detain and disappear people.

The report includes a list of key recommendations, including urgently release all detainees, in light of the threats posed by the spread of the (Covid-19), and prioritizing the response to the virus over the continuing conflict and violations in its context, which warring parties can take immediately to mitigate the potential devastating impact of the pendamic on detainees in Yemen, and the general population.

Unofficial Detention and Torture Sites Highlighted in This Report

This report, “In the Darkness”: Abusive Detention, Disappearance and Torture in Yemen’s Unofficial Prisons, is based on Mwatana for Human Rights investigative research in 20 Yemeni governorates between May 2016 and December 2019. Mwatana conducted at least 2566 interviews in Arabic with former detainees, witnesses of abuse, relatives of detainees, activists, and lawyers. The Research and Legal Support Unit field teams conducted the interviews, in addition to collecting medical reports and photographic evidence where available. Former detainees were asked to locate and describe the detention centers where they were held. Mwatana used pseudonyms in some cases in the interests of witnesses’ and victims’ safety. The information was collected, assessed and reviewed by Mwatana’s Central Research team, which also visited several Yemeni governorates in separate missions in order to verify and gather further information. This report was reviewed by an international legal expert. An English version of the report was published after translation from the Arabic.

Mwatana provides examples of specific cases of arbitrary detention, enforced disappearance, torture and deaths in detention in sites across Yemen and involving all parties to the conflict between May 2016 and April 2020 in the report, presented in two parts. The first part of the report organizes itself by looking closely at examples of arbitrary and abusive detentions, including torture and other abuse during interrogation, in 11 unofficial detention sites across Yemen run by various parties to the conflict. The second part of the report presents examples of enforced disappearances of civilians in different geographic areas in Yemen, each controlled by different warring authorities.

The detention sites examined in the first part of the report include:

Security and Intelligence Agency (former Political and National Security Agencies) in the capital, Sanaa:

The Security and Intelligence Agency (former Political and National Security Agencies) is one of the largest detention centers run by the Ansar Allah armed group (also known as the Houthis). Mwatana investigated at least 159  cases of arbitrary detention and 32 cases of torture in the Security and Intelligence Agency in the capital, Sanaa, between May 2016 and April 2020. People held at the Security and Intelligence Agency were subjected to multiple forms of torture including, amongst others, nail removal, severe beatings, and electric shocks, as well as inhumane conditions of detention. Ansar Allah (Houthi) officials accused people detained in the Security and Intelligence Agency of communicating with countries in the Saudi/UAE-led coalition and monitoring the movement of Ansar Allah leaders. The Security and Intelligence Agency does not appear to have complied with orders issued by the Public Prosecution Office or judicial institutions in Ansar Allah controlled territories.

Waddah Hall in Aden Governorate:

The UAE-backed Southern Transitional Council, supported by and affiliated with the UAE, controls the Aden Security Department, which controls police and other security forces in Aden. The Aden Security Department’s Counter-Terrorism Division used two underground halls, in addition to individual detention rooms, as an unofficial detention site in the Attawahi District in Aden Governorate. Mwatana investigated the cases of 29 people who were arbitrarily detained at the site, 18 caes of torture, and 2 deaths in detention in Waddah Hall. The families of those detained in Waddah Hall did not know where their relatives were held until after their release or transfer to another place of detention. People held by the Counter-Terrorism Division were subjected to multiple forms of torture and inhumane treatment, including nail removal, forced nudity, and threats to rape them or their relatives.

Al Saleh City Site in Taiz Governorate:

The Ansar Allah (Houthi) group used buildings in the residential city of Al-Saleh in the Al-Hawban area as an unofficial detention site. During the period covered by this report, Mwatana documented at least 63 cases of arbitrary detention, 4 cases of torture, and 2 deaths in detention  in this detention center. For lengthy periods between 2016 and 2019, those running the detention center concealed the fate of the people held there, and did not allow them to communicate with their families. Many were disappeared at the site. People held at the site were subjected to multiple forms of torture and inhumane treatment, including electrocution, severe beatings with sticks and wires, and nail removal, as well as promises of release, followed by severe beatings at another location and then returns to the detention site.

Al Jala Camp in Aden Governorate:

Al Jala Camp, under the control of the First Support and Backup Brigade of the UAE-backed Southern Transitional Council, is located in the Al Buraiqeh District in Aden Governorate. There are at least two areas where detainees were held inside Al Jala camp, one of which is a tin building and the other an underground cellar. Mwatana verified at least 13 cases of arbitrary detention and 17 of torture in the Al Jala camp between May 2016 and April 2020. The First Support and Backup Brigade carried out campaigns raiding homes at night and arresting people, after which they were taken to Al Jala camp and often accused of belonging to armed religious groups. Detainees in Al Jala prison were subjected to torture, including electrocution, sleep deprivation, hanging from the ceiling for hours, in some cases upside down, and the threat of rape or rape of their relatives.

The Coalition Camp in Aden Governorate:

The Coalition Camp, also known as the Emirati Forces’ Headquarters and the Coalition Base, was an unofficial detention center run by Emirati forces (now replaced by Saudi Forces) in the Al Buraiqeh District in Aden Governorate. During the reporting period, Mwatana documented at least 15 cases of arbitrary detention, 8 cases of torture, and 3 deaths in detention in the coalition camp. Former detainees told Mwatana they were subjected to severe beatings, electrocution, humiliating body cavity searches, and forced nudity, which would last for lengthy periods.

Political Security Department in Ma’rib Governorate:

The Political Security Department in Ma'rib is run by governmental Islah Party forces loyal to President Hadi. Between May 2016 and April 2020, Mwatana documented at least 31 cases of arbitrary detention and 4 cases of torture, including at least 3 deaths in detention. Most of those interviewed by Mwatana who had been held at the Political Security Department said they had been arrested at Al-Falaj checkpoint, located at the northern gate of Ma’rib city. Many appeared to be detained at this checkpoint based on their family surnames, accused of belonging to the Ansar Allah (Houthi) group. People held at the Political Security Department were burnt and severely beaten, and prohibited from using the bathroom. The Political Security Department does not appear to have responded to release orders, including orders issued by the Ministry of Interior and the Public Prosecutions.

Security and Intelligence Agency (former Political Security Agency) in Al-Hudaydah Governorate:

The Ansar Allah (Houthi) group has detained civilians and political opponents in the Security and Intelligence Agency (former Political Security Agency) in Al-Hudaydah. Mwatana investigated at least 24 cases of arbitrary detention and 7 of torture between May 2016 and April 2020. The Security and Intelligence Agency in Al-Hudaydah tortured detainees, including severely beating and electrocuting them. Former detainees said they were detained without an arrest warrant, were not formally charged, were only questioned after long periods already detained and denied the right to a lawyer. Families of victims also told Mwatana they were prevented from communicating with their relatives for lengthy periods.

The Community College in Dhamar Governorate:

The Ansar Allah (Houthi) group used at least one of the buildings of the Dhamar Community College as a detention center, where detainees were transferred from the various governorates under the group’s control. During the reporting period, Mwatana investigated at least 36 cases of arbitrary detention and 2 of torture , and at least 1 death in detention, in the community college. Former detainees told Mwatana that the conditions of detention were extremely poor, incompatible  with basic health needs and that infectious diseases had spread among detainees, such as tuberculosis and scabies. Ansar Allah (Houthi) officials used various torture methods on those held at the community college to extract confessions, including severe beatings, the denial of the use of bathrooms, and the use of loudspeakers to deprive them from sleep.

Al Rayyan Airport in Hadhramaut Governorate:

Emirati forces turned the Al Rayyan International Airport in Mukalla city in Hadhramaut Governorate into an unofficial detention center. Mwatana investigated at least 38 cases of arbitrary detention and 10 of torture at the Al Rayyan airport detention site. Former detainees said that they were held in dark and narrow warehouses and were subjected to different forms of torture and other abuse, including deprivation of food and water, electrocution, kicking, whipping, and burning with cigarette stubs. Others said that they were subjected to degrading forms of treatment, such as denial of religious rites, forced nudity and forced prostration to the UAE flag.

The October 7 Prison in Abyan Governorate:

The Security Belt in Abyan governorate, affiliated with the UAE-backed Southern Transitional Council, runs the “October 7” prison in the Rawa’ area in Khanfir District in Abyan governorate. Between May 2016 and April 2020, Mwatana investigated at least 50 cases of arbitrary detention and 29 of torture, including 4 deaths in detention, at the October 7 prison. The Security Belt forces arbitrarily arrested and detained people, and denied people in the October 7 prison their right to communicate with their relatives and lawyers. Detainees were also subjected to various forms of torture and other forms of abuse, including electrocution, beating limbs with hammers, whippings, beating with weapons, deprivation of food and water, nail removal, forcibly drinking urine and lengthy periods hanging from the ceiling. Some victims were also subjected to sexual torture, such as burning their genitals. Witnesses said that detainees’ bodies were dumped in the yard of Al-Razi Hospital in the Ja’ar area in Khanfir District.

Security and Intelligence Agency (former Political Security Agency) in Ibb Governorate:

The Ansar Allah (Houthi) group runs the Security and Intelligence Agency (former Political Security Agency) in Ibb governorate, where it holds perceived political opponents. From May 2016 to April 2020, Mwatana investigated at least 44cases of arbitrary detention and 5 of torture in the Ibb Security and Intelligence Agency. Former detainees said they had been subjected to torture and other ill-treatment in solitary confinement rooms, such as whipping and beating with rifles and electrocution. They also said they had been arbitrarily arrested, remained arbitrarily held and their lawyers had not been allowed to attend interrogation sessions.

The second part of this report presents examples of enforced disappearances of civilians in different geographic regions in Yemen, each of which is controlled by a different authority, namely:

Enforced Disappearances in Areas Controlled by the UAE and UAE-Backed Forces:

After taking over large swathes of southern Yemen, Emirati forces established unofficial detention sites in which they forcibly disappeared perceived opponents, often under the pretext of fighting terrorism. The UAE created local armed groups loyal to them with various names—for example the Security Belt forces, the Hadrami Elite and the Shabwani Elite—which have helped manage these detention sites. Mwatana documented at least 327  cases of enforced disappearance in the areas controlled by Emirati forces and UAE-backed groups between May 2016 and April 2020. Despite the efforts of the families of the forcibly disappeared to communicate with those responsible for managing detention sites in different governorates, those in charge often refused to disclose to the families the fate of their disappeared relatives or their place of detention.

Enforced Disappearances in Areas Controlled by Forces Loyal to President Hadi:

Between May 2016 to April 2020, Mwatana documented at least 90cases of enforced disappearances in areas controlled by Hadi forces in the governorates of Ma’rib, Taiz, Al Jawf, Shabwah and Hadhramaut. Many people were disappeared from al-Falaj checkpoint. Authorities in Ma’rib often did not allow detainees to receive visitors and refused to reveal their fates or places of detention.

Enforced Disappearances in Areas Controlled by the Ansar Allah (Houthi) group:

Many people taken by the Ansar Allah (Houthi) group remain forcibly disappeared with their families unable to communicate with them and unaware of their fates. During the reporting period, Mwatana documented at least 353  enforced disappearances in the areas controlled by the Ansar Allah (Houthi) group in the governorates of Amanat Al-Asemah, Sanaa, Ibb, 'Amran, Raymah, and Dhamar, and parts of the governorates of Taiz, Al-Bayda, Hajjah, Al Hudaydah, Saada, and Dhale. Saudi/UAE-led coalition airstrikes on at least four detention centers in Houthi-controlled areas have increased the fear of the families of those forcibly disappeared about the fate of their detained relatives, particularly in light of the refusal of Ansar Allah authorities to share information about their location or well-being.

Detention-Related Abuse in the Yemen Conflict

Since 2016, Mwatana Organization for Human Rights has documented 1605 cases of arbitrary detention, 770 cases of enforced disappearance, and 344 cases of torture. The internationally recognized Yemeni government is responsible for 282 of these arbitrary or abusive detentions, 90 cases of enforced disappearances, 65 cases of torture and 14 deaths in detention, while the Ansar Allah (Houthi) group bears responsibility for 904 of the arbitrary or abusive detentions and 353 cases of enforced disappearance, 138 cases of torture and 27 deaths in detention. UAE forces and affiliated armed groups bear responsibility for 419 cases of arbitrary or abusive detentions, 327  of enforced disappearance, 141 of torture, and 25 deaths in detention.

Areas Controlled by the Ansar Allah (Houthi) group

The mother of a young man arbitrarily held in an Ansar Allah prison told Mwatana about the troubles she faced in seeking to obtain her son’s freedom, “We have been subjected to different forms of humiliation.”

Arbitrary detentions and enforced disappearances have increased since the Ansar Allah (Houthi) group took control of the Yemeni capital, Sanaa, on September 21, 2014, then extending its influence to the south and west of the country. The Saudi/UAE-led coalition intervened on March 26, 2015, as Ansar Allah expanded their campaign against political opponents, journalists, human rights activists, religious minorities and even ordinary travelers, and proceeded to arbitrarily detain, forcibly disappear and torture them. Ansar Allah adopted the same practices with people suspected of having links to the coalition or perceived to pose a threat to their existence. People were not granted basic process rights, were taken or arrested without a warrant, subjected to detention without an identified cause, and refused the right to appear before a judge, consult a lawyer or otherwise challenge their detention. Some detainees were subjected to perfunctory trials, which do not amount to credible justice. All this in addition to the.cruel and inhuman treatment detainees were subjected to in prisons and detention centers.

In addition to horrific and dignity-violating conditions of detention, including the detention of dozens in extremely cramped sites and cells, Ansar Allah detention centers are subjected to coalition airstrikes.

One jurist described the trials that took place, particularly in Sanaa, by saying that they lacked the simplest guarantees. As he explained: “The accused’s lawyer is allowed to see his/her client only once or twice, while the prosecution conducts long investigations with detainees at night, not permitted by Yemeni law, and during which the detainee is blindfolded. The detainee’s statements are taken under threat and psychological pressure. Whether in front of the public prosecution, or in the courtroom, the lawyer is often not allowed to plead, or to take a copy of the case file.”

The Ansar Allah (Houthi) group have used detention, enforced disappearance, and torture as a method of domination, spreading terror among society. Ansar Allah has videorecorded detainees, forced them to make confessions to fabricated charges, and then broadcast these confessions on the governmental channels they control, in addition to their Al Masirah channel and other loyal channels. Ansar Allah also forced people to make confessions to fabricated charges before releasing them, as well as to make pledges that, if reneged on, would mean they would return the person to prison. Charges lobbed against people are often absurd.

The Ansar Allah (Houthi) group’s detention apparatus is controlled by a complex network of security officials who obstruct endeavors to release those they have detained, to the point where orders of the group’s leader, Abdul-Malik al-Houthi, sometimes collide with this network and even their enforcement is obstructed. These abuses are accompanied by other, parallel abuses against the families and relatives of those detained, starting with psychological pressure and ending with financial extortion. Authorities have also failed to return items confiscated during arrests or raids, including electronic devices, cars, gold and money. Mwatana also documented cases where civilians were exchanged for military detainees as part of a prisoner exchange deal between the Ansar Allah (Houthi) group and internationally recognized Yemeni government.

Ansar Allah has refused any form of monitoring of places of detention where they engage in arbitrary detention, enforced disappearance, forms of torture and other cruel, inhuman and degrading treatment. They routinely ignore human rights reports that shed a slight light on the ugliness of these practices.

In addition to horrific and dignity-violating conditions of detention, including the detention of dozens in extremely cramped sites and cells, Ansar Allah detention centers are subjected to coalition airstrikes. At least four detention centers in Dhamar, Al Hudaydah and Sanaa have been hit by airstrikes. The most recent of these attacks was on the evening of Saturday, August 31, 2019, when the Saudi/UAE-led coalition bombed four buildings of the Dhamar Community College, where the Houthis were using at least one building as a detention site. As a result, nearly 170 civilians and combatants protected by international humanitarian law were killed and wounded. In a statement after the attack, the International Committee of the Red Cross in Yemen said it was aware of the place and had visited it regularly.

Areas Controlled by the UAE and UAE-Backed Forces

In the south of the country, after the Ansar Allah (Houthi) group was removed from Aden and some other southern governorates, conflict simmered and then erupted between parties that had previously confronted Ansar Allah and UAE leaders.

The city of Aden is currently controlled by the UAE-backed Southern Transitional Council, along with the affiliated Security Belt forces. The so-called “Elite” forces prevail in Hadhramaut governorate. These forces supervise some unofficial detention sites, in addition to those sites supervised by Coalition forces.

Coalition forces, particularly the UAE and its allies, appear to be using detentions to settle scores with al-Islah, the Yemeni Congregation for Reform Party, as part of a crackdown and terror campaign aimed at ending the presence of the party in the southern provinces. These detention campaigns were preceded by widespread media incitement by Emirati officials against what they called the “Muslim Brotherhood.” These campaigns found a response from and were echoed by leaders of the UAE-backed Southern Transitional Council.

detainees are subjected to different forms of torture and cruel, inhuman and degrading treatment, including beating, kicking, burning, waterboarding, hanging, deprivation of water and food, preventing them from performing religious rituals, sexual abuse that could amount to rape and threats of rape.

Another pattern of detention emerged whereby people were forcibly taken, disappeared and tortured on the accusation of belonging to al-Qaeda or other extremist organizations like ISIS. Because the coalition pays sums of money for collaborators who report suspicious people or behavior, this encouraged and widened the scope of abuse. People were reported to settle personal accounts or to earn money.

The UAE and its allies are also using detentions to suppress any opposition to their activities and abuse in Yemen. Mwatana has documented the detention of activists due to their criticism of Coalition practices and of its military and security operations. After August 2019, accusations of working with “government forces” or “cooperating with them” were sufficient to inflict the most severe responses by the Security Belt and Elite Forces of the UAE-backed Southern Transitional Council.

Detainees are subjected to different forms of torture and cruel, inhuman and degrading treatment, including beating, kicking, burning, waterboarding, hanging, deprivation of water and food, preventing them from performing religious rituals, sexual abuse that could amount to rape and threats of rape.

The US has provided military support to the Saudi/UAE-led coalition. The US continues drone strikes, and has worked closely with the UAE in its counterterror operations, including reportedly conducting joint raids and providing questions to ask during, and receiving transcripts from, interrogations. In a late 2018 report to Congress, the Department of Defense acknowledged US forces had been in Yemen since May 2016 supporting operations against AQAP and IS-Y and had “conduct[ed] intelligence interrogations of detainees held in partner custody.” Despite multiple credible reports by the UN, as well as Yemeni and international rights groups, the report claimed the Department had yet to develop “any independent, credibile information indicating that U.S. allies or partners have abused detainees in Yemen.”[2]

Areas Controlled by Forces Loyal to President Hadi

Governmental Islah Party forces loyal to President Hadi control detention in Ma’rib Governorate, including the Military Intelligence Division prison in Yemen’s Third Military Region,[3] and the Political Security Department in Ma’rib, where civilians are held alongside combants. Authorities in Ma’rib have used many accusations against detainees, ranging from spying for the UAE to working for the Ansar Allah (Houthi) group, amongst other accusations.

Detentions have affected one of the most persecuted segments of Yemeni society, the muhamisheen, or “the marginalized,” as well as a number of other travelers from northern governorates. Many of the civilians held in Ma’rib were detained traveling, on their way to or from the Seiyun airport in Ma’rib. The Falaj checkpoint in particular is seen as a trap for civilians, who have been held for long hours, interrogated and detained. Mwatana documented numerous cases indicating that many of these detentions appeared to be based on people’s surnames.

Detainees have been beaten with cables, punched and kicked in different parts of the body, particularly the kidney. One detainee described a cell in the Military Intelligence Division, saying: “They put approximately 12 of us in a small room that is 3 by 3 meters wide at the most. There are no windows for ventilation and most of the time, we all sit without being able to extend our legs or lay on our backs because the room is narrow with a large number of prisoners. The room’s atmosphere is filled with the stench of the bathroom, and water is only available every two days.”

To End Detention-Related Abuse in Yemen, End Impunity

In many cases, acts detailed in this report, including torture, hostage-taking, sexual violence and outrages upon personal dignity, appear to amount to war crimes. Commanders and civilian leaders may be prosecuted for war crimes as a matter of command responsibility when they knew or should have known about the commission of war crimes and took insufficient measures to prevent them or punish those responsible.

Accountability and redress for such serious abuses is a critical part of ending cycles of violence, ensuring justice for victims, and paving the way towards a peaceful Yemen. Although human rights organizations have revealed the warring parties’ detention-related abuses across Yemen, impunity remains.

All of Yemen’s warring parties have shown themselves unwilling to take credible steps towards real accountability and redress. As such, Mwatana calls on the UN Human Rights Council to renew and strengthen the mandate of the Group of Eminent Experts, and to support the Group to continue investigations. Mwatana also calls on the UN Security Council, which has so far failed to adequately push compliance with international law in Yemen, to clearly state that accountability for perpetrators of war crimes and redress to victims are a minimum for any transitional process in Yemen, and to indicate the Council’s seriousness by referring the situation in Yemen to the International Criminal Court. Mwatana also calls on all countries to exercise universal jurisdiction or other forms of jurisdiction as provided under international and domestic law to investigate and, evidence permitting, prosecute military and civilian officials alleged to have been involved in criminal offences in Yemen in violation of international law.

[1] Relief web, First case of Covid-19 reported by authorities in Yemen,  https://reliefweb.int/report/yemen/first-case-covid-19-reported-authorities-yemen, retrived in May 3, 2020.

[2] See, e.g., Alex Emmons, “Pentagon Issues Blanket Denial That It Knows Anything About Detainee Abuse in Yemen,” The Intercept, January 7, 2019, https://theintercept.com/2019/01/07/yemen-prison-torture-uae-dod/;

Human Rights Watch, “Yemen: UAE Backs Abusive Local Forces,” June 2017,  https://www.hrw.org/news/2017/06/22/yemen-uae-backs-abusive-local-forces.

[3] Yemen is divided into 7 military regisions, each with a military intelligence division office.

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