Yemen (Hansard, 18 January 1999)

§ Mr. Robin Cook

Our Consul-General had access on 14 January to the fifth British detainee, Malek Nasser Harhara (to whom access has been denied on the grounds that he is a Yemen/British dual national). Mr. Harhara said that he was in satisfactory health and had not been physically abused.

The Consul-General had called on three of the detainees on 8 January. All three looked in reasonable condition. Of these, one detainee, Sarnad Ahmed, said that he had been tortured in the week after his arrest on 24 December 1998, but that his treatment had improved since then. The Consul-General reported that he appeared now to be in good health.

I made clear to the Yemeni Prime Minister on 11 January my concern about the allegation of torture. Dr. Iryani said that only one of the detainees had complained. He had investigated the issue personally. If the claim were found to be true, whoever was responsible would be prosecuted. Dr. Iryani assured me that the detainees would be properly treated.

A second detainee, Shahid Butt, told our Consul-General that, in the week since his arrest of 24 December 1998, he had been hit once or twice and slapped, and made to sign a paper. The Consul-General reported that he looked fit and well. He complained that there was no light in his cell at night and that he could not go to the toilet when he asked, and about the number of mosquitoes.

The third detainee, Gulam Hussain, looked in good condition. The Consul-General checked carefully that he had no problems with his back or with his asthma, two pre-existing medical conditions.

On 9 January 1999, the Consul-General saw Mohssin Ghailan, another of the detainees. He said that his treatment was now normal. He added that he had been slapped in the week after his arrest, but not since then. Mohssin also said that he was concerned about a possible liver problem, and was in some pain. The Consul-General noticed that his skin was yellowish, but could not judge the significance, not knowing his normal complexion.

Our Consul-General made representations, on behalf of the detainees whom he saw, which resulted in the provision of reading material, washing material, extra 345W food, greater freedom within prison and greater access to the toilet. He also received an assurance of medical treatment for Mohssin Ghailan.

I spoke again to the Prime Minister of Yemen on 14 January 1999. I welcomed the fact that we had had access to Mr. Harhara. I repeated my concern that all the detainees should be charged or released. I also pressed for access to the detainees for their defence lawyer, and for an independent doctor. Dr. Iryani took note, and undertook to work for a positive response to these requests.

Since then, the lawyer representing the detainees, Mr. Basunaid, has informed us that charges have been laid. The detainees have been charged with association with armed groups planning to commit murder, explosions and destruction and with the possession of weapons, under Article 133 of the Yemeni Penal Code. The case is, therefore, sub judice.

Our Ambassador and Consul-General continue to press for access to the detainees for Mr. Basunaid and for an independent doctor. They are also pressing for further consular visits, including to Mr. Harhara, and for transfer to the central prison in Aden where conditions are better. Mr. Basunaid has, however, been told by the Yemeni authorities that he must await the end of the Eid holiday before seeing his clients.

The Embassy and Mr. Basunaid are in close touch about all issues relating to the case, including about the allegations that the detainees may have been forced to confess. In the light of our contacts with Mr. Basunaid, we will consider whether to make representations to the Yemeni authorities about the conduct of the investigation.