Yemen: Arrest of human rights defender Fahad Al-Qarni

Your Excellency,

I am deeply concerned following the arrest of human rights defender Fahad Al-Qarni on 5 April 2008. Fahad Al-Qarni is a human rights defender and pro-democracy activist who has campaigned for freedom of expression in Yemen through his work as a musician and comedian.

On 5 April 2008, Fahad Al-Qarni was arrested by members of Taiz political security forces while on his way to a festival in Aden. He has been charged with inciting an armed overthrow of the government and insulting the President. If found guilty he faces up to six years' imprisonment. The Office of the Attorney General issued a detention order against him for a period of seven days. However, he is reportedly being held until he apologises in writing for publicly expressing his opinions regarding the corruption of the President and his government. On 6 April 2008, demonstrators who had gathered to protest against Fahad Al-Qarni's arrest were reportedly beaten and journalists covering the demonstrations were subject to harassment. Fahad Al-Qarni has reportedly been ill-treated by members of the security forces while in detention.

Fahad Al-Qarni was previously arrested in July 2006 and imprisoned for for recording songs which were critical of government policies.

I believe that Fahad Al-Qarni has been arrested as a result of his legitimate work in defence of human rights, in particular his work to promote democracy and campaign against corruption in Yemen. I see the arrest of Fahad Al-Qarni as part of an ongoing trend of harassment against human rights defenders in Yemen, especially in matters relating to freedom of expression. In April 2008, death threats were made against Tawakkol Karman, Director of Women Journalists Without Chains and the license of the Al-Wast newspaper was revoked by the authorities. I am concerned for the physical and psychological integrity of Fahad Al-Qarni.

I call on the authorities in Yemen to:

1. Immediately and unconditionally release Fahad Al-Qarni, as it is believed that he has been arrested and detained solely on the basis of his legitimate and peaceful activities in the defence of human rights;

2. Initiate an immediate, thorough and impartial investigation into the arrest, detention and ill-treatment of Fahad Al-Qarni, with a view to publishing the results and bringing those responsible to justice;

3. Take measures to ensure the physical and psychological integrity of Fahad Al-Qarni while in detention and guarantee that he has access to legal representation and, where necessary, medical treatment;

4. Guarantee in all circumstances that human rights defenders in Yemen are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals.

I would particularly draw your attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threat, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Yours sincerely,