02 November 2009

Yemen: Human rights taken hostage in a conflict between internal and external forces

During its 43rd session, on 3 November 2009, the Committee against Torture will be examining Yemen's second periodic report. Alkarama made a contribution in the framework of this session that highlights the precarious character of human rights in Yemen.

The alarming condition of human rights in Yemen is not only due to both internal factors related to the conflicts in North and South of the country, but also the nature of power, poverty, social structures, etc..There are, however, external factors, related to the country's geostrategic position and the pressures within the international fight against terrorism that have seriously contributed to the deteriorating political situation and consequently to human rights.

While Yemen has made significant progress in legislation, in practice, the principles set forth in various laws are not sufficiently respected and the abuses committed by state agents or local rulers are not prosecuted and punished.

Arbitrary and incommunicado detention, torture, prison conditions, unfair trials, extrajudicial executions, and extradition to countries where human rights are not respected, etc., are commonplace in Yemen.

The security services have carried out numerous arrest campaigns against persons suspected of having links with al-Qaeda or being involved in "terrorist" activities. Several arrests were also made during rallies and demonstrations in the south. While in the Northern region of Saada, where a war is taking place against the Zaidis, hundreds of civilians who are not involved in the conflict between military forces and armed Houthist insurrection, were arrested, including in retaliation to compel combatants to surrender or to take revenge. These operations, often violent, do not take place without serious violations of the law and the rights of detainees.

The government denies the existence of incommunicado detention. There is evidence however that the services, including those of the Political Security, have detention centers where arrestees or persons kidnapped are held incommunicado for long periods without contact with the outside world or their families.

Those detained by the Security Service policy are often victims of torture and ill treatment. Torture is widely practiced to extract "confessions" from suspects, which are used against them in court.

The testimonies of victims include reports of beatings while blindfolded, being handcuffed for long periods; deprived of food, water and sleep, prolonged suspension, isolation for prolonged periods; death threats, etc. It should be noted that prison conditions are so deplorable and that they constitute a form of abuse in itself: overcrowded prisons, lack of hygiene and medical care.

In its report, Alkarama proposed to the Committee against Torture the following recommendations for the Yemeni authorities:

- The introduction of appropriate measures to ensure the true independence of the judiciary;
- Banning all centers or places of detention that are not within the authority of the State;
- Control by the civil authorities of all places of detention, including institutions of security policy and national security; and the right of access to the International Committee of Red Cross and an independent national body;
- Strict enforcement of the provisions of the law and procedures relating to arrest and custody;
- Ensuring that all detainees are held in humane conditions of detention;
- Respect for right of victims of torture to file complaints and the assurance to initiate investigations into all allegations of torture and prosecution of the perpetrators.

Yemen - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 09.02.1987
Optional Protocol: No

State report: Due on 30.03.2015 (6th)
Last concluding observations: 23.04.2012

Convention against Torture (CAT)

CAT: Accessed on 05.11.1991
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 14.05.2014 (3rd)
Last concluding observations: 17.12.2009

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

No

Universal Periodic Review (UPR)

Last review: 01.2014 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

No