The Charge: Being Jewish.. A Report on the Yemeni Detainee, Libby Salem Marhabi

This report discusses the most prominent problems, the basic obligations and the legal conditions imposed to respect the rights and guarantees of persons whose freedom is restricted in accordance with international standards that respect the human dignity of all detained persons, respect the law and follow the applicable rules, respect equality before the law and protect human rights. This report is based on facts, testimonies, and legal documents submitted by Insaf Center for Defending Freedoms and Minorities, which indicate that Libby is detained without legal justification. This report provides a general legal analysis of human rights standards related to restricting the freedom of persons and their detention. It outlines the violations that Libby was subjected to, as he is detained without legal justification following a judicial decision to release him. This report also shows discrimination against religious minorities, especially since all detainees in the same case, who are subject to the same circumstances, the same facts and the same criminal description, were released, except Libby who belongs to the Jewish minority. This report recommends that the judicial authorities, the public prosecution, administrative agencies, security and intelligence forces in Yemen implement the legal standards legislated to respect the rights and guarantees of detained persons, and calls for immediate release of detainee Libby Salem Marhaby. This report also recommends that the judicial authorities, especially the Public Prosecution Office, investigate in a comprehensive, impartial, and prompt manner all allegations of violations against Libby, and prosecute members of the Security and Intelligence Services, who have evidence of their criminal responsibility for not implementing the verdict, and keeping Libby detained arbitrarily without legal justification.
This report is based on a comprehensive approach to human rights, as the security services have the obligation (obliged by duty) and have a responsibility to respect, protect and commit to activating the basic human rights of individuals (rights holders) in accordance with international human rights law (international conventions and decisions, declarations, and general principles).