26 November 2009

Yemen: The CAT is disturbed by the systematic nature of human rights violations in Yemen

On 19 November 2009, the Committee against Torture (CAT) mad its provisional concluding observations (CAT/C/YEM/CO/2) following its consideration of the second periodic report (CAT/C/YEM/2) which took place on 3 November 2009 in Geneva. It should be noted that during this session, the State party was absent; the Committee's concluding observations will only be adopted during the next session after the Yemeni government responds to the requests for clarification raised by CAT experts.

Alkarama submitted a report which detailed to the experts the obvious consequences that the multiple wars in Yemen is having on their human rights situation. Our organization also has the difficulty of juggling the external pressures on the authorities to act more effectively in the fight against terrorism.

The Committee regrets that the definition of torture does not match that of the Convention and that this practice is clearly not prohibited by law. The Committee believes that preventive measures are still largely insufficient and have no deterrent effect. The UN body recommends to ensure that all allegations of torture and ill-treatment are investigated quickly, efficiently and impartially investigated and that perpetrators are prosecuted and punished according to the seriousness of the acts. In particular, these investigations should be conducted by an independent body and not by police or military authorities.

Measures should be taken to ensure the admissibility in court of confessions obtained under torture or duress. The State party is requested to provide information on the application of such provisions and whether officials were prosecuted and punished for the extraction of such confessions.

The state should take effective measures of prevention in prisons and in particular on sexual violence against women in custody. Inmates who are victims of violence should report it without being subjected to punitive measures. Women prisoners should have access to adequate health facilities and benefit from programs of rehabilitation and integration.

The minimum age of criminal responsibility should comply with international standards. The State should also take all measures necessary to reduce significantly the number of children in detention and ensure that minors under 18 are not detained with adults.

The Committee believes that inmates should have the right to prompt access to counsel and an independent medical examination, to inform a parent and to be informed of their rights upon arrest, including on charges against them, and to appear before a judge within compliance with international standards. The State party should also ensure that all detainees, including minors, are recorded in a central registry that works effectively.

The UN body also recommended establishing regular and unannounced inspections of all detention centers, including those of various security services, prisons and private military detention facilities. Places of detention that do not fall under the authority of the State should be strictly prohibited. The Committee is particularly concerned that incommunicado detention should be abolished. The Committee has asked that the authorities provide information on the exact number and location of places of detention used by the Department of Political Security and other security forces, and the number of persons detained in these facilities. In this context, he requested clarification on the four Cameroonian nationals detained incommunicado since 1995.

Alkarama has previously submitted an urgent appeal to the UN special procedures and submitted their case to the Working Group on Enforced Disappearances (WGEID). Representative of our organization reiterated their position to the experts of the Committee during an informal meeting in November 2009 held with other NGOs.

The Committee requests that the state reduce the number of Yemeni security forces and agencies authorized to arrest and detain individuals. The legislation must be followed to reduce the length of pre-trial detention, and it is recommended that there be alternatives to imprisonment. It also condemns the practice of hostage taking of relatives of suspects and requests information on the case of Mohammed Al-Baadani, arrested while he was 14 years old and arbitrarily detained without being tried before a court. Alkarama had also discussed the case of the minor and attracted the attention of the Committee of Experts on the unacceptability of such detentions.

Surveys should be conducted into all allegations of involvement of members of law enforcement and security officers in extrajudicial executions and other grave human rights violations in different regions of the country, particularly the northern province of Saada and the south.

The Committee against Torture recommended appropriate measures to establish and guarantee the independence and impartiality of the judiciary. The role of judges and prosecutors should be strengthened as regards the opening of investigations and the prosecution of cases of torture and ill-treatment and the legality of detention. It particularly recommends the dissolution of the Special Criminal Court.

The State party should ensure compliance with Article 3 of the Convention which forbids extradition or deportation to countries practicing torture. In this sense, the experts recommend that the State carefully consider each individual case and ensure the establishment of adequate judicial mechanisms for review of the decision.

Efforts should be provided so that victims of torture and ill treatment are remedies and equitable compensation and rehabilitation.

The training of all officials, including law enforcement, security, military and prison officials to familiarize them with the provisions of the Convention should be applied.

Alkarama noted that most of the concerns expressed in his contribution made during the consideration of periodic report of Yemen have been the focus of the Committee against Torture. Our organization hopes that the Yemeni authorities respond to the experts' provisional comments. Alkarama continues to monitor the situation in the country and plans to intervene in the monitoring of recommendations.

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No