Committee against Torture hears replies of Yemen to the Committee's provisional concluding observations on its second periodic report

AFTERNOON

6 May 2010

The Committee against Torture this afternoon heard the replies and comments of Yemen to the provisional concluding observations that the Committee adopted at its forty-third session. At that session, the Committee examined the second periodic report of Yemen, detailing how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in the absence of a delegation.

Today, a delegation from Yemen, led by Huda Abdullatef Alban, Minister of Human Rights of Yemen, was present to provide its replies and to respond to questions and comments put by Experts.

Ms. Alban said Yemen strove to ensure that no citizen was tortured and did not tolerate that practice. Any such occurrence was an isolated event and had no support and was not the fruit of public policy on the part of the Government. Indeed, sanctions were provided for such acts and public security officials and police had been subjected to sanctions for such acts. That criminalization covered not only acts by individuals but also acts by State agents that violated the fundamental rights of citizens. Recently, an article had been added to the Criminal Code, setting out the crime of torture, and that reflected the substance of the definition provided in article 1 of the Convention against Torture.

Another member of the delegation, continuing with the presentation, noted, among developments, that there had been a prohibition of female genital mutilation, which constituted a form of torture, and a decision regarding a prohibition against early marriages of girls, and setting marriage age at 18 years, was currently under consideration. There were no cases of enforced disappearance in Yemen, and that had been clarified before the related Working Group on enforced or involuntary disappearance. Concerning accusations lodged in shadow reports by non-governmental organizations claiming that there was a lack of programmes to monitor the situation in prisons and in particular the security detention facilities, the Public Prosecutor undertook direct supervision every week of the political prison, where they monitored the situation of inmates. In addition, intergovernmental and non-governmental organizations visited detainees held by the Political Security Department. Those organizations held meetings with those in charge of the security apparatus to inform them of the findings of their visits. Reporters without Borders had in particular held a number of visits.

The Committee will finalize its conclusions and recommendations on the second periodic report of Yemen (CAT/C/YEM/2), which it originally reviewed on 3 November 2009, towards the end of the session on Friday, 14 May. (For a summary of the report, see the 2009 press release CAT09024E.)

As one of the 146 States parties to the Convention against Torture, Yemen is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

The delegation of Yemen also included Ibrahim Al-Adoofi, Permanent Representative of Yemen to the United Nations Office at Geneva, as well as representatives of Yemen’s Permanent Mission in Geneva, the Ministry of Human Rights, the Ministry of the Interior, the Ministry of Justice and the Central Agency for Political Security.

When the Committee reconvenes at 10 a.m. on Friday, 7 May, it will hear the responses of Cameroon to questions put by Experts on Wednesday, 28 April.

Response of Yemen

HUDA ABDULLATEF ALBAN, Minister of Human Rights of Yemen, responding to issues raised in the provisional concluding observations of the Committee with regard to its second periodic report, said Yemen was offering its full cooperation to the Committee so that it could fulfil its obligations under the Convention against Torture. Moreover, in the context of the Universal Periodic Review of the Human Rights Council, Yemen had accepted over 100 recommendations, which would improve the situation for the promotion and protection of human rights and fundamental freedoms in Yemen.

Yemen was one of the pioneering countries that had approved over 120 international conventions that aimed at protecting human rights, including against torture and racial discrimination, as well as the rights of women. All of that reflected Yemen's determination to have a concrete implementation of those treaties.

Yemen's Constitution forbade any form of psychological or physical torture and those were strictly prohibited under Yemeni law, and were not subject to a statute of limitations. The Constitution also provided the right to a fair trial for victims of torture.

The Republic of Yemen strove to ensure that no citizen was tortured and did not tolerate that practice. Any such occurrence was an isolated event and had no support and was not the fruit of public policy on the part of the Government. Indeed, sanctions were provided for such acts and public security officials and police had been subjected to sanctions for such acts. That criminalization covered not only acts by individuals but also acts by State agents that violated the fundamental rights of citizens.

Sexual abuse was also considered to be a form of psychological torture, Ms. Alban said, and was subject to strict penalties as well as compensation for victims. Recently an article had been added to the Criminal Code, setting out the crime of torture, and that reflected the substance of the definition provided in article 1 of the Convention against Torture.

Other efforts under way of relevance to Yemen's commitments under the Convention included the setting up of a work plan for the 100 plus recommendations accepted under the Universal Periodic Review, and the implementation by the Council of Ministers of a national human rights strategy for Yemen, in which non-governmental organizations had participated. Other relevant decisions taken by the Council of Ministers included to harmonize all legislation with regard to international human rights texts; to give a higher standing to the Refugees Council, to better deal with the status of refugees in Yemen; the possibility for human rights officials to visit prisons to verify the implementation of measures during incarceration; and the holding of detainees incommunicado only when absolutely necessary. Other decisions involved gender equality and equal opportunity for women.

Also, an independent national institution would be set up to ensure compliance and to offer greater protection for human rights, Ms. Alban said. A turning point had been reached in terms of the political will of Yemen to implement human rights, as was evident by the foregoing actions outlined.

Continuing with the presentation, another member of the delegation noted that Yemen had its own cultural, legal, moral and social values that prohibited torture, even against animals. All international conventions in that regard had been introduced into national law, which were in compliance with international norms.

Among guarantees of judicial independence, were administrative and financial guarantees. The judiciary could also appoint judges and it had its own code of conduct which preserved the independence of the judiciary. The Government provided training for judges in numerous fields.

Regarding the right to a fair trial, the delegation said that the judiciary guaranteed that right to everyone and respected the unity of the judiciary. Specialized courts, commercial courts, criminal courts – all respected international norms and no one could be prosecuted unless they enjoyed the right to counsel and all other guarantees. Terrorism courts had also been established, and they also respected those international norms. The minutes of those trials were a matter of public record. Assistance was provided to defendants who could not afford a legal counsel.

Yemen had worked with the Danish Human Rights Centre and in 2008 had held a conference which had issued a number of recommendations regarding necessary amendments to the law. A code of conduct had also been drawn up for police officers, as well as a plan to reform the prison system.

Any victim of torture could bring a case before the court to demand compensation. The Code of Criminal Procedure also provided for the right to appeal, the delegation added.

Yemen fully complied with international conventions and respected human rights. Regarding impunity, there was protection provided for citizens and officials. That was not impunity. Those legal texts protected public officials who were falsely accused. In that connection, any confession extracted under torture would be considered null and void by the courts, the delegation noted.

Regarding legal guarantees for prisoners, the delegation said all individuals were guaranteed the right to defence. According to that right, the charged person could provide evidence leading to their acquittal. No one could be deprived of their freedom except in accordance with the law. Anyone deprived of their freedom by arrest or detention had the right to be examined by a medical doctor, to be brought before a judge without delay, and to have a speedy trial. Detainees also had the right to have the lawfulness of their detention reviewed. During judicial procedures the accused had to be informed in detail of the charges against him and given the time to prepare a defence and had the right to be visited by his family. The accused had the right to free legal counsel if they could not afford one.

The delegation stressed that prisons could not accept inmates except by judicial order. The arrest and detention of persons in Yemen was fully within the sphere of the judiciary.

Inspections of prisons were undertaken to ensure that persons were not illegally detained and that the conditions of their detention were according to law. Such visits were made by the Public Prosecutor's Office, the Higher Committee for Prisons in each Governorate or the Minister of Human Rights.

Prisoners also had the right to be rehabilitated and reformed. To allow prisoners to be reintegrated into society and to adopt moral values, a number of activities had been carried out by the Ministry for Human Rights over the past three years. Among others, trainings had been undertaken for prison officials in treatment of prisoners and 80 trainings courses for law enforcement officers and judges had been undertaken in all governorates.

Complaints were received by a group of Experts at the Ministry of Human Rights, either through a hotline or the Ministry's e-mail address. The Ministry had been able to settle a number of complaints and to have the rights restored to the complainants. Those included complaints of acts tantamount to torture that had been brought against some members of the prison staff, and convictions had been brought and sanctions imposed.

With regard to Yemen’s efforts to combat discrimination and violence against women, there had been a prohibition of female genital mutilation, which constituted a form of torture, and a decision regarding a prohibition against early marriages of girls, and setting marriage age at 18 years, was currently under consideration, the delegation said.

Concerning the Committee’s questions on the powers of the Political Security Department and the issue of enforced disappearances, the delegation explained that the Political Security Department and its organization and terms of reference were established by a Decree of 23 May 1992. Part II, article 3, of the Decree states that the Department reports to the Office of the President of the Republic as the body responsible for oversight. There were no cases of enforced disappearance in Yemen, and that had been clarified before the related Working Group on enforced or involuntary disappearance.

Turning to some accusations lodged in shadow reports by non-governmental organizations, with regard to the claim that there was a lack of programmes to monitor the situation in prisons and in particular the security detention facilities, the delegation replied that the Public Prosecutor undertook direct supervision every week of the political prison, where they monitored the situation of inmates. In addition, intergovernmental and non-governmental organizations visited detainees held by the Political Security Department. Those organizations held meetings with those in charge of the security apparatus to inform them of the findings of their visits. Reporters without Borders had in particular held a number of visits.

Yemen had received and continued to receive a number of refugees from the Horn of Africa, which was a big burden on the country. Nevertheless, Yemen upheld human rights and abided by the 1951 Refugee Convention and its 1967 Protocol. A centre for refugees and asylum-seekers had been set up within Sana'a University.

Deportation of foreigners only occurred in accordance with the relevant regulations. Those entering illegally were returned to their home countries, as was the practice in countries all over the world. Very few deportations were undertaken in Yemen, and those had been taken in the context of the huge influx following the events of 11 September 2001. However, all deportations were agreed to and no forced deportations had ever been undertaken.

On the death penalty, the delegation confirmed that the death penalty could never be imposed on minors. As for Shariah punishments such as stoning, those types of punishments were never carried out in actuality.

Child trafficking to Saudi Arabia was a limited phenomenon, and only occurred for economic reasons. The kind of trafficking that occurred in Europe and Asia was unknown in Yemen, the delegation said.

Turning to the issue of human rights in the context of the fight against terrorism, the delegation said that Yemen had approved 11 international instruments linked to the fight against terrorism, including on money-laundering in that context.

Yemen upheld the work of human rights defenders, the delegation said, and the Government was trying to develop a true partnership with civil society organizations. These organizations worked freely in the country.

Concerning the situation of women in detention, the delegation said prisons where women were detained were under close surveillance. Women were separated from men in detention and only female prison guards dealt with them.

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