December 15, 2009

VI.  Arbitrary Detentions and Unfair Trials

Since the onset of protests in 2007, security forces have arbitrarily detained thousands of participants or bystanders, including children. These arbitrary arrests take essentially three forms—short-term preventive detentions in order to stop would-be participants from reaching protests and to prevent protests from taking place; arrest of peaceful participants and their sometimes lengthy detention; and targeted arrests and long-term detention without trial of suspected protest leaders. Only a few detained leaders have been put on trial, facing vague and politicized charges of “acting against national unity,” “fomenting secession,” or incitement.

Legal standards

International law prohibits arbitrary arrest and detention. According to the UN Working Group on Arbitrary Detentions, detention is arbitrary if the authorities provide no valid legal basis justifying the deprivation of liberty; the deprivation of liberty results from the exercise of protected rights or freedoms such as the freedom of expression; or violations of international fair trial norms are so grave as to give the deprivation of liberty an arbitrary character.[104]

Article 9 of the ICCPR states that "[n]o one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law." Those arrested shall be informed at the time of arrest of the reasons for their arrest and shall be promptly informed of any charges against them. Persons charged with a criminal offense "shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release."[105]

Yemen's constitution provides that "[t]he State guarantees citizens' security, liberty and dignity.”[106] It prohibits arrests, searches and detentions other than those of a person caught in flagrante delicto or pursuant to a judge or a public prosecutor's order. [107] The constitution, which contains basic elements of criminal justice procedure, further specifies that the public prosecutor must charge anyone arrested with a crime within 24 hours, and that only a judge may prolong an order of detention beyond an initial seven days.[108] Yemen's Penal Code stipulates a prison sentence of up to five years for officials who wrongfully deprive persons of their liberty.[109]

Mass Arbitrary Arrests

Because protests are typically organized and announced well in advance, and often fall on days of historic significance to the south, the security forces are usually able to mobilize a large presence, and begin arresting suspected protest organizers in advance of the rallies. On the day of announced protests, people traveling through checkpoints or finding themselves close to protests risk arbitrary arrest. At the protests themselves, the security forces often attempt to detain suspected participants, sometimes arresting bystanders. Formal charges for those arrested include “participation in an unlicensed protest” and “threatening the unity of the State,” but only afew prosecutions or trials of detained protesters have taken place for those offenses, according to former detainees and Southern Movement activists.[110]

A case study in arrest and intimidation: Muhammad Abdullah Hasani

Many southern Yemeni movement activists and organizers have faced multiple episodes of harassment and arrest, and this typically follows the pattern illustrated by the arrest, intimidation, and beating of Muhammad Abdullah Hasani, a young lawyer and organizer for the Southern Movement in Aden.

On January 13, 2008, Muhammad Abdullah Hasani joined a sit-in at Hashimi Square. Four civilian-dressed armed men detained him and took him to the headquarters of the Military Intelligence (Istikhbarat) in the Tuwahi neighborhood of Aden. They kept him there all day and beat him during interrogation. He said:

In each interrogation room, there were four investigators. From 8 a.m. until 4 p.m., they questioned me there. With their pistols, they beat me on my back and slapped me. They asked me who supports our movement, and they insulted me, saying we aren’t true Muslims, that we are traitors, insects, dogs. They beat me the whole time, saying they would kill me, that I was a nobody, that nobody even knew where I was. Then they fingerprinted me and released me.[111]

On November 30, 2008, the anniversary of South Yemen’s 1967 independence from Britain, Muhammad Abdullah Hasani attended a festival at Shaikh ‘Uthman’s Hashimi Square. This time the police apprehended him as he left the festival, and took him to the Shaikh ‘Uthman police station, where they detained him with about 200 other participants who were kept for five days in overcrowded cells and poor conditions:

I stayed in a cell for five days without any charges, we were treated like criminals. We just stayed in the cell; they never took us out for questioning. We were with 23 protesters in the cell, but there were also criminals kept in the same cell, including murderers. There were 38 people in the cell in total. There was only a fan in the corridor...One of the protesters was injured and they didn’t allow him medical care. After five days, I was released.

Six weeks later, on January 13, 2009, security forces detained Muhammad Abdullah Hasani once again as he made his way to that day’s protest at Hashimi Square. Police stopped him at a checkpoint, and again took him to Shaikh ‘Uthman police station where he spent four hours locked in a police vehicle with the windows rolled up.[112] From the police station authorities took him to al-Mansura prison where they detained protesters in two large cells, each holding up to 350 persons. The authorities began releasing some of the detained protesters the same day, but called suspected organizers or Southern Movement leaders out by name, including Hasani, and placed them in solitary confinement. Hasan spent three days in solitary confinement in Mansura prison.

Following the protests in April and early May in response to clashes in Radfan and the closing of the daily Al-Ayyam (see below), on May 7, 2009 Muhammad Abdullah Hasani went to the Shaikh Uthman police station in his capacity as lawyer to ask for the names of the hundreds reportedly detained. As he left the station, uniformed and plainclothes security officers in two police vehicles stopped him near al-Nur Mosque, and began kicking him and beating him with their gun butts and batons. They took him, badly bleeding, back to the Shaikh ‘Uthman police station, then brimming with detainees. “When I got to the station, it was packed,” he recalled. Officers then took Hasani to the Criminal Investigation Division (CID) for further questioning, even as they began releasing detainees after the protest ended. He spent six days at CID with four other suspected movement organizers in a cell they shared with five suspects in violent crimes, including a man accused of murdering two persons with an axe. On May 13, after a friend signed a “guarantee” for him saying he would stay away from protests, authorities released him.

Hasani reported receiving “lots of intimidation” since his release. “They tried to arrest me again several times, so I have stopped sleeping at home.” He said that a few days after his release, several men stabbed his brother, 23, with a knife as he went to a store, telling him, “See if the south does you any good now.” When Hasani reported the attack to the police, they took no steps to investigate the incident.[113]

Other Arbitrary Arrests

Others active in the Southern Movement have faced similar treatment. Nasr Nasr Abdullah Hamuzaiba, a military veteran, recounted to Human Rights Watch how he and three friends were arbitrarily detained on January 13, 2009, close to Hashimi Square where people were gathering in protest. The police put him on a police truck with 50 other detainees and took him first to al-Mandana police station, before transferring him to Military Intelligence (Istikhbarat) because he was a former soldier. Hamuzaiba said:

I spent eight days at the Istikhbarat, but it felt like eight years. We were all kept in a small room with just a fan, some 70 people in 3 small rooms, but there were no beatings, just swearing at us and insulting us. Then they just released me, and I lost my military [retirement] salary for 6 months.[114]

On June 5 or 6, 2009, Walid Qasim As’ad Shu’aibi, the head of the Union of Southern Youth in al-Dhali’, was walking from his student housing in Aden when a rapid response police car pulled up alongside him, and four armed men pulled him inside after he acknowledged his identity. They put a black bag over his head and took him to the Central Security headquarters in Aden’s Khor Maksar neighborhood. On the way there, the security agents asked him, “Why are you trying to spread hatred between the people?” At the security headquarters, his hands were bound and he was put in a large hangar. Two men began interrogating him while punching him in the head and chest, and telling him, “You are an Indian. You are a Somali. You are not Yemeni.”[115] When he explained that he joined the Southern Movement to fight for his rights, the security officials told him, “You will only get your rights once Central Security ceases to exist.”

After the beating and interrogation, which Shu’aibi estimated lasted about 25 minutes, the officials refused to allow him to call his family. He was kept in the same room for three days, without access to a toilet (he had to relieve himself in a corner of the room) and very little food or water, but no further questioning. At midnight on the third day, he was taken by car to the Aden Hotel roundabout, and kicked out on to the road: “They kicked me out of the car with their boots. I was half naked, and bystanders looked at me as if I was crazy.”[116]

In advance of the planned protest in Aden on July 7, 2009, Yemen’s Unity Day, the police and security services ramped up the scale of preventive arbitrary detention to an extent not previously seen. Police erected roadblocks around the city and over the two days preceding the protest arrested thousands seeking to gain access to Shaikh ‘Uhtman’s Hashimi Square. According to a lawyer familiar with the events of that day,

The detentions around July 7 were different from those that happened before. The security response was well prepared for that day, and they arrested a lot of people. The prisons were not big enough to hold everyone, so they moved the detainees to hangars and even to the May 22 sports stadium. Most of the people were arrested at the checkpoints on the way to the protest. On July 7, there wasn’t a major protest in Aden because of the arrests.[117]

On July 2, five days before the planned July 7 protest, the authorities arrested two leaders of the Southern Movement, Qasim al-Da’iri, and Ali Muhammad al-Sa’di, a member of the Leadership Council for the Peaceful Revolution, apparently with the intention of disrupting the protest.[118]

Long-term Detention Without Charge

Although Yemeni authorities quickly release the vast majority of those detained at protests, hundreds of suspected supporters and leaders of the Southern Movement have been held for periods as long as six months, often without judicial review of their detention or contact with their lawyers. Access by family and lawyers was usually only allowed after a few days.

In an unannounced visit to Mukalla on July 14, 2009, in a single day Human Rights Watch researchers met the families of 24 persons who at the time were in long-term detention without charge, and the families indicated there were many more. A member of an opposition political party estimated that, of those detained since May 2009, approximately 200 persons remained in detention without charge. On April 27, a protest in Mukalla had turned violent, and the police jail, the central prison, and the Political Security Office detention facility in Mukalla were all crowded with detainees picked up during the crackdown that followed. Among those detained were children (see below) as well as elderly persons: Salim ‘Abbadi, one of those remaining in detention at this writing on suspicion of involvement in the Southern Movement, is 81 years old.[119] Hundreds more have fled from Mukalla to the hinterland in order to escape arbitrary arrest and detention.

The arrests in Mukalla that followed the April 27 violence appear to have been widespread and arbitrary. For example, on April 28, Central Security agents raided a hotel in Mukalla, detaining about 15 men who were chewing qat at the time, many of whom had attended the protest on the previous day.[120] Among those detained were al-Sa’id Ba-Faraq, in his 30s, and his nephew Nasr Abdullah Ba-Mithqal, 25, both of whom had attended the April 27 protest. The men were so badly beaten that Nasr Abdullah Ba-Mithqal had to be hospitalized (under police guard) afterwards. At the time of Human Rights Watch’s visit in mid-July, the two men remained in detention at the Central Prison in Mukalla, on suspicion of “infringing national unity,” but had not been brought to trial, like the many other detainees being held in Mukalla.[121]

The security agencies continue to search for two brothers of Nasr Abdullah Ba-Mithqal, Yasir Abdullah Ba-Mithqal, 33, and Muhammad Abdullah Ba-Mithqal, 40, who fled into the mountains to seek the protection of their tribe, as many wanted Southern Movement activists have done. After being unable to find the two wanted men, the security forces held one of their brothers-in-law on June 27, interrogating him for an hour about their whereabouts. The security forces have also repeatedly detained another brother of the two wanted men, Jamal Abdullah Ba-Mithqal, who is mentally disabled, holding him as a “hostage” to force the two wanted brothers to surrender to them.[122]

In another typical case, Political Security agents detained Nasir Mahfuzh Ba-Qazquz , 32, a geography teacher who also heads the Mukalla branch of the Unitarian Gathering (Tajammu’ Wihdawi) political party , two days after he gave a speech at the April 27 rally. He was detained for 45 days, released for four days and then re-arrested. He remained in detention at the Central Prison in Mukalla at the time of Human Rights Watch’s mid-July visit.[123]

Although much more difficult to monitor, it appears that similar widespread arbitrary arrests and detentions are taking place in many rural areas of southern Yemen. According to Abdullah Salim Jambain, the head of the YSP in the town of Shahr, some 30 kilometers east of Mukalla, 83 persons remained in detention (at the time of Human Rights Watch’s mid-July visit) after being arrested between May 28 and May 30. On July 7, another 20 people were detained in Shahr, including seven minors. Four of the persons detained on July 7 were severely beaten by the security forces, including two who required hospitalization for their injuries.[124]

Transfers to Military Intelligence and Political Security

Since the protests began in 2007, some persons detained in the south, particularly those believed to play a leadership role in the protest movement, have been moved to the custody of Military Intelligence and the Political Security Organization in San’a for further investigation and questioning. In rare cases, the authorities moved to try Southern Movement leaders on charges such as infringing national unity, but no trials have concluded to date.

Among the first detained was Brig-Gen. (ret.) Nasir al-Nuba, the head of the Retired Military Consultative Association, an early organizing body for protests and sit-ins by the forcibly retired military officers. Al-Nuba was detained from his Aden home on September 2, 2007, and, as a former military officer, moved to Military Intelligence (Istikhbarat) on September 8, 2007, after which a military tribunal charged him with treason for having challenged Yemen’s unification as illegal. On November 29, 2007, before the tribunal reached a verdict, he was released from detention following a presidential decision to free him.[125]

Other detainees at the PSO in San’a have never been charged or brought to trial, as required under Yemeni Law. Security forces detained two bodyguards for Member of Parliament Nasir al-Khubaji on May 13, 2008 at a sit-in by retired army officers in Habilain, which al-Khubaji addressed, and transferred to the PSO in San’a five days later. One of the bodyguards, Nasr Muhammad Salih, 24, explained how they were treated at the PSO in San’a:

We were kept in solitary confinement [for 17 days] and in detention for 3 months and 14 days in San’a. They had late night interrogations starting on day one. We would be blindfolded, hands tied, and questioned deep in the basement of the building, after they woke us up in the night. Two people would interrogate us, asking about our relationship to our member of parliament, Nasr al-Khubaji, where he was hiding, and who were the leaders of the movement. I cooperated with their questions, and told them what they wanted to know. There was no beating or torture, just the psychological mistreatment of being woken in the night, but I could hear others [detainees] scream out in pain.
I wasn’t brought to court during those 3 months, and wasn’t allowed to make phone calls, and didn’t see any relatives or lawyers.... In September, a decision was made to release me [and the other body guard].[126]

Twelve other leaders of the Southern Movement arrested and transferred to San’a in April 2008 include Hasan Ba’um and Yahya Ghalib Shu’aibi.[127] They spent six months at the Political Security Organization’s prison in underground cells, and were later charged with working against the unity of Yemen. President Saleh in an amnesty released all 12 in September. Ba’um has since fled abroad, and Shu’aibi is hiding in a rural area for fear of being arrested again if he comes to a town.[128]  Most Southern Movement leaders are in hiding in the mountains to escape arbitrary detention and political charges.[129]

In 2009, the authorities continued to rely on specious politicized charges against Southern Movement leaders. In April, authorities arrested Qasim al-Askar Jubran, former ambassador of the PDRY to Mauritania, charging him with “threatening national unity and inciting a fight against the authorities.”[130] Jubran was transferred to San’a’s PSO prison and put on trial, which was suspended after two sessions without providing a reason. The Yemen Times reported that during a June 3 hearing, the prosecution entered as evidence “speeches, documents, a handout titled ‘Project on the Vision of Peaceful Struggle Movement for the Southern Issue & Future of South Yemen’s People,” and a document of affiliation with the Supreme National Council for Liberating and Restoring State of South Yemen.’[131] He remains in detention.

Detention of Children

The Convention on the Rights of the Child (CRC) defines as a child “every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.” [132]

The CRC also sets standards for the detention of children, stipulating that arrest, detention, and imprisonment of a child "shall be used only as a measure of last resort and for the shortest appropriate period of time."[133] The best interests of the child must be a primary consideration in detention decisions.[134] International guidelines on the detention of juveniles also require that a parent or guardian be notified immediately when a child is apprehended.[135] Separation of children from adults in detention is a basic requirement of international law.[136] International standards also require the separation of untried children from those convicted of crimes.[137] 

Children have been among those detained in the protests. While some were released after only a few hours, Human Rights Watch has documented three cases of children under age 18 being held for days and weeks without charge, some missing school examinations on account of their detention. In reviewing a list of 69 detainees from Hadhramawt published on Adenpress.com, a Southern Movement activist from Shahr indicated four detained children aged 14, 14, 15, and 16 from his town.[138] In all cases documented by Human Rights Watch, children were detained together with adults. Authorities are detaining children with adults in other southern towns and cities: according to the head of the YSP in Shahr, seven children were detained there on July 7, 2009, and they remained in detention 10 days later.[139] 

‘Amr Habani, 13, was arbitrarily arrested on July 8, 2009 and had been detained for seven days at the time Human Rights Watch interviewed his mother. She had taken him to the police directorate in Mukalla on separate business, where, she said, “The muqaddam [major] took ‘Amr by the hand and said he should be arrested.”[140] The day before, the shop of a northern shopkeeper had been burned during a protest in Mukalla and the policeman thought ‘Amr may be a suspect. His mother said that the family lives next to the burned shop, but that ‘Amr had been sleeping alongside her when the shop was burned down. ‘Amr’s mother was first able to visit her son on July 14 at the prosecutor’s office.[141]

In a related case, the Mukalla police on July 9, 2009, asked the father of two teenage boys, ‘Umar Ba-Nubu’, 19, and ‘Imad Ba-Nubu’, 16, to bring his sons to the police station. At the police station, they detained the two boys, sending the father home. The two teenagers, including ‘Imad, who is a child, were still in detention on July 14 when Human Rights Watch met with their relatives. Their father told Human Rights Watch that the boys were in a crowded cell together with adult suspects. “The children complained that it was too full in the cell, and that the adults smoked too much,” he said.[142] A police officer had asked and received a bribe of 11,000 Yemeni riyals (US $55) to get the boys released on July 9, but as of July 14, the boys were still kept in detention.[143]

On June 21, the security forces detained Muhammad Husain al-Saqqaf, 16, and one of his classmates, also 16, when they tried to go visit an adult friend being detained at the Badud police station in Mukalla. The friend was released the same night, but the police told Muhammad’s father that they were under orders of the Political Security to keep Muhammad in detention. A week after his detention, about twenty security agents came to search his home. Muhammad remained in detention at the time of Human Rights Watch’s visit in mid-July, and, according to his father, was being kept at the Central Prison in a communal cell with a few other children and some 50 adults.[144]

 

[104]See The UN Working Group on Arbitrary Detention, "Fact Sheet no. 26," http://www.unhchr.ch/html/menu6/2/fs26.htm, (accessed September 8, 2008).

[105]International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976, art.9.

[106]Constitution of the Republic of Yemen, 2001, article 48(a).

[107]Constitution of the Republic of Yemen, 2001, article 48(b).

[108]Constitution of the Republic of Yemen, 2001, art.48(c).

[109]Penal Code, Yemen, art. 246.

[110] Human rights Watch interview with Arif al-Halimi, Southern Movement activist and lawyer, Aden, July 11, 2009. Al-Halimi said that leaders of the Movement were sometimes charged with “undermining unity,” “forming organizations]” without a license, and “disturbing the peace [تكدير السلم].” See also: “State of Human Rights in Yemen … in Week (27),” Al-Taghyir.net, August 11, 2009, http://www.al-tagheer.com/news.php?id=10236 (accessed October 29, 2009). The report cites the beginning of the trial of 25 Movement activists for participation in an unlicensed event before Hut court.

[111]Human Rights Watch interview with Muhammad Abdullah Hasani, Aden, July 11, 2009. All other quotes and references to his treatment are from this interview.

[112]Daytime temperatures in Aden in January average 25 – 27 degrees centigrade.

[113]Human Rights Watch interview with Muhammad Abdullah Hasani, Aden, July 11, 2009.

[114]Human Rights Watch interview with Nasr Nasr Abdullah Hamuzaiba, Aden, July 11, 2009.

[115]Human Rights Watch interview with Walid Qasim As’ad Shu’aibi, Aden, July 11, 2009. President Ali Abdullah Saleh made similar racist claims in a phone call to pro-government supporters during Unity Day celebrations in Dhali’, telling his audience that the movement leadership “are foreign agents and represent the British occupation. One is originally from India and the other from Indonesia, they are not Yemenis. I am serious, look at his face, he doesn’t look like a Yemeni, he looks like an Indian! … do not listen to the separatists, those from India and the offspring of Indians, the offspring of Somalis and others.” Audio recording of the president’s phone call on file with Human Rights Watch.

[116]Human Rights Watch interview with Walid Qasim As’ad Shu’aibi, Aden, July 11, 2009.

[117]Human Rights Watch interview with Sa’id Salim Ba-Faraj, Aden, July 13, 2009.

[118]Human Rights Watch interview with Samia al-Aghrabi, San’a, July 9.

[119]Human Rights Watch interview with Khamis Muhairiq, Mukalla, July 14, 2009.

[120]Qat refers to the leaves of the Qat tree grown in Yemen and that most Yemeni men and a growing number of women consume on a daily basis in the mid-afternoon by chewing the leaves and stuffing them in their cheeks, producing a hamster-like look. Most relaxation and business is conducted over gender-segregated qat-chewing sessions, preferably in the mafraj, a comfortable room with a good view. It is a mild stimulant classified by the World Health Organization as a drug of abuse. Qat cultivation consumes most of Yemen’s scarce water resources.

[121]Human Rights Watch interview with Saida Salim Ba-Faraq, Mukalla, July 14, 2009; Human Rights Watch interview with relative of Yasir Abdullah Ba-Mithqal, Mukalla, July 14, 2009; Human Rights Watch interview with in-law of Yasir Abdullah Ba-Mithqal, Mukalla, July 14, 2009.

[122]Ibid.

[123]Human Rights Watch interview with brother of Nasir Mahfuz Ba-Qazquz, Mukalla, July 14, 2009.

[124]Human Rights Watch interview with Abdullah Salim Jambain, Mukalla, July 14, 2009.

 

[125]”Al-Nuba After his Release: I Refused to Sign Any Pledge to Stop my Political Engagement, Which I Will Continue from Tonight,” Aden Press, November 30, 2007.

[126]Human Rights Watch interview with Nasr Muhammad Salih, Aden, July 11, 2009.

[127]“President Pardons Detainees of Inciting Regionalism, Separation,“ Sabanews.Net; Sept. 11, 2008, http://www.sabanews.net/en/news163807.htm (accessed October 13, 2009).

[128]Human Rights Watch telephone interview with Yahya Ghalib Shu’aibi, Aden, July 10, 2009, and Aden Foundation for Women and Youth – Human Rights Center, July 2009 Report, on file with Human Rights Watch.

[129]Human Rights Watch telephone interviews with Yahya Ghalib Shu’aibi, a lawyer, Nasir al-Khubaji, member of parliament, and Nasir al-Nuba, retired general, all leaders in the Southern Movement in hiding at the time we spoke to them between July10 and 15, 2009.

[130]Al-Ayyam, April 23, 2009, http://www.al-ayyam.info/Default.aspx?NewsID=a2ad1f7d-3c80-49f4-a38f-0281ca7ee832 (accessed October 13, 2009), and: “Man who provided rebels with information about missiles to be tried, Saba News Agency, June 12, 2009,  http://www.sabanews.net/en/news186238.htm (accessed October 16, 2009).

[131]Mohammed Bin Sallam, “Protests, Trials Continue,” Yemen Times, June 3, 2009, http://cc.bingj.com/cache.aspx?q=qasim+askar&d=76767331559523&mkt=en-US&setlang=en-US&w=416b5d7c,21f5b02b (accessed October 16, 2009).

[132] Convention on the Rights of the Child, adopted November 20, 1989, 1577 U.N.T.S. 3 (entered into force September 2, 1990), art 1.

[133] Convention on the Rights of the Child, art. 37(b). See also U.N. Rules for the Protection of Juveniles Deprived of their Liberty, para. 2; U.N. Standard Minimum Rules for the Administration of Juvenile Justice ("The Bejing Rules"), G.A. res. 40.33, annex, 40 U.N. GAOR Supp. (No. 53), p. 207, U.N. Doc A/40/52 (1985), para. 13.

[134] Convention on the Rights of the Child, art. 3. Under the U.N. Rules for the Protection of Juveniles Deprived of their Liberty, paragraph 28:

The detention of juveniles should only take place under conditions that take full account of their particular needs, status and special requirements according to their age, personality, sex and type of offence, as well as mental and physical health, and which ensure their protection from harmful influences and risk situations. The principal criterion for the separation of different categories of juveniles deprived of their liberty should be the provision of the type of care best suited to the particular needs of the individuals concerned and the protection of their physical, mental and moral integrity and well-being.

[135] The Beijing Rules, para. 10; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 16(3).

[136] See Convention on the Rights of the Child, art. 37(c) (noting that "every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so"); U.N. Rules for the Protection of Juveniles Deprived of their Liberty, para. 29; The Bejing Rules, para. 13.4; Standard Minimum Rules for the Treatment of Prisoners, adopted August 30, 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the U.N. Economic and Social Council by resolution 663 C (XXIV), July 31, 1957, and 2076, May 13, 1977, para. 8(d).

[137] U.N. Rules for the Protection of Juveniles Deprived of their Liberty, para. 17.

[138] “Initial List With Names of Those Arrested in Hadhramawt, Among Whom Are Children Under 18 Years,” Adenpress.com, July 12, 2009, printed copy on file with Human Rights Watch, and Human Rights Watch interview with activist from Shahr, Mukalla, July 14, 2009.

[139]Human Rights Watch interview with Abdullah Salim Jambain, Mukalla, July 14, 2009, and follow up telephone conversation July 17, 2009.

[140]Human Rights Watch interview with the mother of ‘Amr Habani, Mukalla, July 14, 2009.

[141]Human Rights Watch interview with Umm ‘Amr Habani, Mukalla, July 14, 2009.

[142]Human Rights Watch interview with Abu ‘Umar, Mukalla, July 14, 2009.

[143]Human Rights Watch interview with Abu ‘Umar, July 14, 2009.

[144]Human Rights Watch interview with Husain Abd al-Rahman al-Saqqaf, Mukalla, July 14, 2009.