COMMITTEE AGAINST TORTURE CONTINUES REVIEW OF REPORT FROM YEMEN

18 November 2003

The Committee against Torture continued this afternoon its consideration of the initial report of Yemen on how that country implements the provisions on the Convention against Torture.
The delegation, which was led by Mohammed Al Fisail, the Deputy Minister in the Ministry of Legal Affairs of Yemen, said among other things that although there was no text that defined torture as defined in the Convention, there were reflections within national legislation which contained a broader understanding of torture. These provisions related to bodily harm, the psychological and moral damages, threats, intimidations and related actions. In Yemen there were a series of public services which recorded all violations and kept records to ensure the democratic workings of society and to monitor police activities.
The delegation also said that despite financial restraints, there were efforts to enhance the services and the infrastructure that existed in prisons, specifically the sanitary conditions and food. There were currently 9,400 inmates in Yemen plus those in preliminary custody and those who awaited decisions by a judge. Minors were placed in special centres so that they could pursue their education and engage in recreational activities. In 2002, a total of 215 prisoners were released with the help of the State who paid their fines which they could not pay.
The delegation said that Yemen cooperated with the United Nations High Commissioner for Human Rights in order to disseminate information on human rights and had reproduced the Convention in a pamphlet for distribution to the public and to human rights organizations in the country. Yemen also produced a publication called ‘Humanitarian Message’, a magazine which was undertaken in cooperation with donor States and which focused on cases of torture.
The delegation noted that seminars and workshops on human rights had been held countrywide for the Office of the Public Prosecutor, members of parliament, lawyers, and others which covered a series of subjects on human rights and the rights of prisoners and child welfare.
Yemen, as one of the 134 States parties to the Convention against Torture, must submit periodic reports on efforts to prevent torture and related ill treatment.
The Committee’s conclusions and recommendations on the report of Yemen will be issued on 20 November in the morning.
The Committee will reconvene at 10 a.m. on Wednesday, 19 November, to continue its review of the report of Lithuania.
Discussion
MOHAMMED AL FISAIL, the Deputy Minister in the Ministry of Legal Affairs of Yemen, said in response to a question on the appointment of judges that the Supreme Council was the highest authority responsible for appointing, sanctioning and dismissing judges. The judicial system consisted of three stages: the court of the first instance, the court of appeals and the court of cassation.
Mr. Al Fisail said that security tribunals did not exist. However, some special cases were decided by special criminal courts and others dealt with certain particular issues. Contacts with judges were permitted in the Court of Cassation in order to launch an appeal which could be lodged in the event where the procedure was flawed. Appeals might also be lodged where due process might not have been observed.
Regarding investigations into offences by police forces, the delegation said the Prosecutor General was responsible for investigating such offences and prosecuting criminal suspects or forwarding the case to the prosecutor. In the case of threats, a complaint might be forwarded to a prosecutor and evidence must be provided to back up such complaints after which prosecution could take place.
Yemen had taken steps to accede to the International Criminal Court statute which had been brought before Parliament and was now waiting for final approval. Provisions had been made to keep Yemeni judicial practices in line with the Convention against Torture. There was no text that defined torture as defined in the Convention although there were reflections within national legislation which contained a broader understanding of torture. These provisions related to bodily harm, the psychological and moral damages, threats, intimidations and related actions.
In response to a question on the prosecution of law enforcement personnel accused of committing a crime, the delegation said that Yemen was an open State with regard to fundamental rights and freedom and all State institutions monitored torture. In Yemen there were a series of public services which recorded all violations and kept records of Government action; inquiries were carried out to ensure the democratic workings of society and monitoring of police activities. Although there were no records of the number of cases brought to court or the number of investigations, there were a considerable number of cases prosecuted.
The delegation stated that impunity did not exist in Yemen and that evidence obtained by means of torture was not admissible in court. However, if torture took place in the process leading up to a hearing, the prosecutor was made aware of it. Indemnity to victims and their rehabilitation was provided for in the Constitution. Although no statistics were available, the delegation said that all defendants subjected to torture were granted compensation and it was possible for those who were unjustly sentenced to request compensation.
With regard to corporal punishment inflicted on children, a person who had not reached the age of seven and who had committed a crime was not responsible according to the Penal Code. A person between the ages of seven to 15 was considered a minor and when they committed a crime, a judge could take measures that were contained in the Law on Juvenile Delinquincy which often resulted in sending the minor back to his or her parents or giving them on a period of judicial probation. This probation period should not exceed three years. At the ages of 15 to 18 years, a crime was punishable by a judge with a sentence that did not exceed half of the sentence of regular cases. At 18 the person was considered to be an adult and received the punishment as reflected in the law.
Regarding the question on capital punishment, stoning, flogging and amputation, the delegation said these methods were pursuant to Sharia law; however the Government was looking at ways to reduce the number of these cases to a minimum. These cases were low in number, and the delegation said it would provide figures subsequently. These sentences were carried out in prisons and only family members and prison personnel could witness them.
In response to a specific question on the case of a woman who was alleged to have died in prison as a result of torture, the delegation said she died as a result of a difficult childbirth which was confirmed by medical reports. Prisons in Yemen were divided into two types of prison – preliminary custody and central prisons - which were located in most provinces in the country. In each prison there was a reception centre where prisoners were received and at which time they were classified according to the following criteria and separated accordingly: first time offenders, repeat offenders, severe offenders, foreign offenders, minors and young prisoners and women prisoners. In Yemen there were five centres of social protection for minors and also an institution for female minors in the capital. The delegation said that female inmates were guarded by female prison personnel.
The delegation said there were no political detainees in Yemen. Many of those who had fled before the war of 1994 were now returning and none of them had been charged.
In response to a question about prison registers, the delegation said that in each prison, there was a register which contained the name of the inmate, the number and the name of the institution, the type of crime, the duration of the sentence and details of the sentence. There were also other registers which related to the condition of prisoners.
Answering another question, the delegation stated that there were monitoring mechanisms in place to make sure that there were no cases of torture against prisoners and that, despite financial restraints, there were efforts to enhance the services and the infrastructure that existed in prisons, specifically the sanitary conditions and food. There were currently 9,400 inmates in Yemen plus those in preliminary custody and those who awaited decisions by a judge. Minors were placed in special centres so that they could pursue their education and engage in recreational activities. In 2002, a total of 215 prisoners were released with the help of the State who paid their fines which they could not pay.
Concerning the question on the use of weapons by security personnel during demonstrations, the delegation said Yemeni law prohibited police officers from using their weapons in these cases unless the situation got violent, if there was destruction of property or in cases of self-defence.
Yemen cooperated with the United Nations High Commissioner for Human Rights in order to disseminate information on human rights, the delegation said. The Convention had been reproduced in a pamphlet which was distributed among the public and human rights organizations in the country. Yemen produced a publication called ‘Humanitarian Message’, a magazine which was undertaken in cooperation with donor States and which focused on cases of torture.
Yemen has signed an agreement with the Office of the High Commissioner with regard to juveniles. Seminars and workshops on human rights were held countrywide for the Office of the Public Prosecutor, members of parliament, lawyers, and others. These covered a series of subjects on human rights and the rights of prisoners and child welfare.
On a question about women, the delegation said the Constitution stipulated that women were equal to men and had rights and obligations according to Islamic Sharia and the law. Yemen had witnessed important developments in the field of women’s work and women were now holding senior positions in the Government. The delegation then provided statistics about the number of women in high positions of government.
Concerning the vulnerability of women in prison, in Yemen there was no prohibition on women prisoners at the end of their sentence. When the family of the prisoner refused to take them back in the family environment, the woman prisoner often returned to prison because she did not have anywhere else to go. The prisons accepted them out of sympathy. Yemen was looking into establishing a centre to deal with such cases, the delegation said.
In response to questions on terrorism, the delegation said it was Yemen’s commitment to respect international agreements in the fight against terrorism. Members of the delegation recalled Yemen’s own suffering with terrorism which had resulted in problems in Yemen, especially in the cases of kidnappings and hostage taking. Terrorism was rejected by Sharia and Yemeni laws and Yemen had been combating terrorism both internally and internationally.
In response to the specific cases on attacks against the USS Cole and a French ship and extradition, the delegation said the cases of those accused in these attacks were still pending and under Yemeni law the extradition of any Yemeni national to another State was prohibited. The delegation added that the extradition of foreigners could only be carried out if the person had been residing in Yemen illegally and if he or she posed a threat to the security of the State.
On the question of military tribunals, the delegation said they were made up of military judges who ruled on cases involving army personnel and had links with the ordinary courts. They only had competence in military matters.