Yemen’s Crackdown on Dissent: Injustice Continues for Human Rights Defender Fatma al-Arwali

Amnesty International Calls for Fair Trial or Release of Fatma al-Arwali in Yemen

Background

Amnesty International is calling on the Huthi de facto authorities in Yemen to ensure that woman human rights defender Fatma al-Arwali receives a fair trial in line with international standards or is immediately released. Al-Arwali has been subjected to a series of human rights violations, including enforced disappearance, prolonged pre-trial detention, and denial of access to legal counsel.

Al-Arwali was arrested by Huthi security forces in August 2022 and was forcibly disappeared for about eight months. Her family searched for her in police stations and prisons before learning that she had been held incommunicado at a security and intelligence detention center in Sana’a. Amnesty International emphasizes that enforced disappearance is a crime under international law and urges the Huthi authorities to address these serious human rights abuses.

The Specialized Criminal Court and Repression

Al-Arwali’s case is being heard by the Sana’a-based Specialized Criminal Court, a court that specializes in security-related crimes. Amnesty International criticizes the court, arguing that it has been instrumentalized as a tool of repression by the Huthis, making a mockery of justice.

This is not the first time that the Specialized Criminal Court has faced criticism. Since 2015, Amnesty International has documented over 60 cases of individuals who have been brought before the court on spurious or trumped-up charges, including journalists, human rights defenders, political opponents, and members of religious minorities. Many of them have been tried on spying charges, which carry the death penalty under Yemeni law.

Violation of Fair Trial Standards

Amnesty International’s concerns about al-Arwali’s case primarily revolve around the violation of fair trial standards. Her lawyer has reported that he was not granted basic due process rights and was unable to visit her in detention. During the first hearing on September 19, the judge refused to record the lawyer’s presence as al-Arwali’s legal representative, and the lawyer stated that security members of the security and intelligence service present in the court tried to remove him. The judge also rejected al-Arwali’s request to record her statement about the dire conditions of her detention and her plea to see her children.

Under international standards of fairness, everyone who is arrested or detained and everyone facing criminal charges has the right to legal counsel of their own choosing. This right is essential to protect their rights, prepare their defense, challenge their detention, and safeguard against coercion and ill-treatment. Amnesty International emphasizes that unless al-Arwali receives a fair hearing before a competent, independent, and impartial court, and concrete, credible, and admissible evidence is presented against her, she should be immediately released with all charges dropped.

Implications and Recommendations

Al-Arwali’s case is not an isolated incident but rather indicative of the wider crackdown on dissent and human rights defenders in Yemen. It highlights the urgent need for the Huthi de facto authorities to respect international human rights standards and ensure the protection of fundamental freedoms and fair trials for all individuals.

Amnesty International calls on the Huthi authorities to address the violations in al-Arwali’s case and take immediate action to release her or ensure a fair trial. It also urges the international community to put pressure on the Huthis to uphold human rights and to support efforts to hold those responsible for human rights abuses accountable.

Moreover, this case should serve as a reminder to other countries and organizations that engage with Yemen to prioritize human rights in their policies and actions. The international community must stand against the instrumentalization of courts and the repression of civil society and work towards promoting a culture of respect for human rights and the rule of law in Yemen.

In conclusion, the ongoing violations in al-Arwali’s case highlight the urgent need for justice and accountability in Yemen. The international community must not turn a blind eye to these human rights abuses but instead work collectively to ensure the fair treatment of individuals, the protection of fundamental freedoms, and the upholding of international standards of justice.

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