Torture in  [Yemen]  [other countries]
Human Trafficking in  [Yemen]  [other countries]
Street Children in  [Yemen]  [other countries]
Child Prostitution in  [Yemen]  [other countries]
 

Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century                                                                          gvnet.com/torture/Yemen.htm

Republic of Yemen

Yemen, one of the poorest countries in the Arab world, reported average annual growth in the range of 3-4% from 2000 through 2007.

Yemen's economic fortunes depend mostly on declining oil resources, but the country is trying to diversify its earnings. In 2006 Yemen began an economic reform program designed to bolster non-oil sectors of the economy and foreign investment.  [The World Factbook, U.S.C.I.A. 2009]

Description: Description: Yemen

CAUTION:  The following links have been culled from the web to illuminate the situation in Yemen.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

*** ARCHIVES ***

Human Rights Watch World Report 2015 - Events of 2014

Human Rights Watch, 29 January 2015

www.hrw.org/world-report/2015/... or download PDF at  www.hrw.org/sites/default/files/wr2015_web.pdf

[accessed 18 March 2015]

YEMEN

ACCOUNTABILITY - Yemen’s parliament voted in January 2012 to give former President Ali Abdullah Saleh and his aides immunity from prosecution. In September 2012, however, Saleh’s successor, President Abdrabuh Mansour Hadi, decreed the creation of an independent commission of inquiry to investigate alleged rights abuses committed during the 2011 uprising, and recommend measures to hold perpetrators accountable and afford redress to victims. By November 2014, Hadi had still to nominate the inquiry’s commissioners and no progress had been achieved.

ATTACKS ON JOURNALISTS - In the first half of 2014, the Freedom Foundation, a Yemeni organization that monitors press freedom, recorded 148 attacks affecting members of the media, ranging from verbal harassment and threats, confiscations, looting, destruction of property, and politicized prosecutions, to unlawful detention, and one killing. In 47 percent of the cases reported, the abuses were attributed to the government and its agents.

Al-Reemi Describes Brother’s Torture

Shady Yaseen, National Yemen, 8 Sept 2013

nationalyemen.com/2013/09/08/al-reemi-describes-brothers-torture/

[accessed 8 Sept 2013]

The story of Ibrahim’s arrested revolves around a quarrel that occurred between Ibrahim and security forces after Ibrahim’s attempt to cross the barriers established around YALI. During the dispute, the soldiers accused Ibrahim of attempting to detonate a grenade in the vicinity of the Institute.  Some versions of the story say that the grenade belonged tone of the soldiers, though Saddam says that the soldiers created this charge to further implicate his brother.

With the police charges against him, Ibrahim was taken from his work to a criminal investigation, where he was exposed to several forms of torture.

When Saddam next saw his brother, “I couldn’t recognize him. He was pale and had difficulty talking. On his forehead was a huge bruise and his hands and feet were tied. …When we met, he didn’t say a word. After a few minutes, he began to talk with difficulty but didn’t seem to recognize us. He seemed as if he had lost the sense of himself.”

The state of the world's human rights

Amnesty International AI, Annual Report 2013

www.amnesty.org/en/region/yemen/report-2013

[accessed 14 Feb 2014]

The human rights situation improved during the transition that followed the 2011 uprising which ousted former President Saleh from power. However, there was an ongoing lack of information about the fate of those arrested or disappeared during 2011. Impunity for human rights violations committed during President Saleh’s government was entrenched by a new immunity law, and most killings of protesters and other human rights violations committed in 2011 and 2012 were not investigated. Justice was also denied to victims of violations of human rights and international humanitarian law during armed conflicts in parts of the country.

Over 20 people arbitrarily arrested during the 2011 uprising and subsequent protests remained in prison or were victims of enforced disappearance. Torture and other ill-treatment continued to be reported. In response to unrest in the South, security forces and groups linked to them used excessive force, killing at least a dozen people, and arbitrarily detained scores of people involved in protests or who supported secession of the South.

Ansar al-Shari’a (Partisans of al-Shari’a), an armed group linked to al-Qa’ida in the Arabian Peninsula (AQAP) that controlled parts of Abyan governorate until June, committed human rights abuses, including summary killings and amputations. A government military offensive to drive Ansar al-Shari’a out of cities under its control was marked by violations of human rights and international humanitarian law on both sides, resulting in civilian deaths. Women and girls continued to face discrimination in law and practice, and domestic violence.

Reports emerged of slavery in some parts of the country. The humanitarian situation reached crisis point. At least seven people were sentenced to death and at least 28 people were executed, including at least two juvenile offenders.

Conclusions and recommendations of the Committee against Torture

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  -- Doc. CAT/C/YEM/2 (2010)

www1.umn.edu/humanrts/cat/observations/yemen2010.html

[accessed 12 March 2013]

Impunity for acts of torture and ill-treatment

8. The Committee is deeply concerned at the numerous allegations, corroborated by a number of Yemeni and international sources, of a widespread practice of torture and ill -treatment of detainees in Yemeni prisons, including State security prisons run by the Public Security Department, the national security authority and the Department of Anti-Terrorism under the Ministry of the Interior. The Committee is further concerned that such allegations are seldom investigated and prosecuted, and that there appears to be a climate of impunity for perpetrators of acts of torture. In this respect, the Committee expresses its concern at article 26 of the code of criminal procedure, which appear to provide that criminal lawsuits may not be filed against a law enforcement officer or a public employee for any crime committed while carrying out his job or caused thereby, except with the permission of the General Prosecutor, a delegated public attorney or heads of prosecution, and at the lack of information on the application of this provision (arts. 2, 4, 12 and 16).

Fundamental legal safeguards

9. Notwithstanding the information provided in the replies to the list of issues and by the State party delegation, the Committee remains seriously concerned at the State party’s failure in practice to afford all detainees, including detainees held in State security prisons, with all fundamental legal safeguards from the very outset of their detention. Such safeguards comprise the right to have prompt access to a lawyer and an independent medical examination, to notify a relative, and to be informed of their rights at the time of detention, including about the charges laid against them, and to appear before a judge within a time limit in accordance with international standards. In this respect, the Committee is concerned at the statement in the State report (para. 203) that “persons in pretrial detention may meet with their relatives and lawyers, provided they obtain a written authorization from the body/entity that issued the detention order”. The Committee notes the information on record keeping provided in the replies to the list of issues but it remains concerned at the lack of a central register for all persons held in detention, including minors (arts. 2, 11 and 12).

Incommunicado detention

12. While noting that information was provided in the replies to the list of issues in respect of the Political Security Department, the Committee reiterates its concern at credible reports of the frequent practice of incommunicado detention by Political Security Department officials, including detention for prolonged periods without judicial process (CAT/C/CR/31/4, para. 6 (c)), and is concerned that other security agencies reportedly also engage in such practices. The Committee is also concerned at the lack of information on the exact number and location of places of detention in the State party (arts. 2 and 11).

Hostage-taking of relatives

14. Notwithstanding the statement provided by the State party delegation that hostage-taking is illegal in the country, the Committee expresses its great concern at the reported practice of holding relatives of alleged criminals, including children and elderly, as hostages, sometimes for years at a time, to compel the alleged criminals to surrender themselves to the police; it also emphasizes that such practice is a violation of the Convention. In this respect, the Committee notes with particular concern the case of Mohammed Al-Baadani, who was abducted in 2001, at age 14, by a tribal chief because of his father’s failure to pay back debts, and who reportedly remains in a State prison without a set trial date (arts. 12 and 16).

Allegations of extrajudicial killings

15. While noting the statement in the replies to the list of issues that extra-judicial, arbitrary or summary executions constitute violations of the Convention and the laws in force and are “unlikely to occur”, the Committee expresses its great concern at allegations of extrajudicial killings by security forces and other serious human rights violations in different parts of the country, in particular the northern Sa’ada province and in the south (arts. 2, 12 and 16).

Complaints and prompt and impartial investigations

16. The Committee notes the information provided by the State party on its complaints system in its replies to the list of issues but it remains concerned at the apparent failure to investigate promptly and impartially the numerous allegations of torture and ill-treatment and to prosecute alleged offenders. The Committee is particularly concerned at the lack of clarity of which authority has the overall responsibility for reviewing individual complaints of torture and ill-treatment by law enforcement, security, military and prison officials, and for initiating investigations in such cases. The Committee also regrets the lack of information, including statistics, on the number of complaints of torture and ill-treatment and results of all the proceedings, at both the penal and disciplinary levels, and their outcomes (arts. 11, 12 and 16).

Human rights defenders, political activists, journalists and other individuals at risk

20. The Committee notes with concern allegations, including in conjunction with recent events in the region of Sa’ada, indicating that many Government opponents, including human rights defenders, political activists and journalists, have been subjected to arbitrary detention and arrest, incommunicado detentions lasting anything from several days to several months, denied access to lawyers and the possibility of challenging the legality of their detention before the courts. The Committee regrets the lack of information provided on any investigations into such allegations (arts. 2, 12 and 16).

Coerced confessions

28. While noting that constitutional guarantees and provisions of the Code of Criminal Procedure prohibit the admissibility of evidence obtained through torture, the Committee is concerned at reports of numerous cases of confession obtained through torture and at the lack of information on any officials who may have been prosecuted and punished for extracting such confessions (arts. 2 and 15).

Human Rights Reports » 2005 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 8, 2006

www.state.gov/g/drl/rls/hrrpt/2005/61703.htm

[accessed 17 February 2013]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law prohibits such practices; however, members of the Political Security Office (PSO) and Ministry of Interior (MOI) police forces tortured and abused persons in detention. Authorities used force during interrogations, especially against those arrested for violent crimes. Although penal law permits amputations and physical punishment such as flogging for some crimes, which the government maintains is in accordance with Shari'a (Islamic law), there were no reports of amputations or floggings during the year.

The government acknowledged that torture occurred; however, it claimed that torture was not official policy. For the second consecutive year, journalists, government, and human rights nongovernmental organization (NGO) officials reported that both instances and severity of torture in MOI prisons declined. In cases where there was torture, illiteracy, lack of training among police, corruption, and pressure from superiors to produce convictions usually played a role.

Torture continued to remain a problem in PSO prisons, which were not monitored by other government agencies. There were credible reports pointing to a preferred use of nonphysical abuse, such as sleep deprivation, cold water, and threats of sexual assault, as the primary form of torture in PSO prisons. In October two former PSO prisoners reported being repeatedly tortured and made to sleep without blankets in cold cells while being held without charge. There were reports that the MOI's Criminal Investigative Department (CID) routinely used torture to obtain confessions. On February 4, CID forces investigating a theft case in Dhamar governorate rounded up five suspects who were reportedly beaten during interrogation. One suspect confessed to the crime and was referred to the Attorney General's office for prosecution. The other four were released. Defense attorneys and some human rights NGOs observed that most confessions introduced as evidence against defendants in criminal courts were obtained through torture. Government sources vehemently denied this.

During the year approximately 14 police officials were disciplined or prosecuted for abuses. From those cases, seven officers were dismissed, and seven were referred to the courts for prosecution. Those cases remained pending at year's end.

On September 3, two MOI officers were put on trial for the 1999 torture-induced death of an Aden bombing suspect. Some human rights NGOs claimed that the defendants did not appear in court and were possibly being tried in abstentia. There was no further information on this case at year's end.

In October 2004 seven Taiz police officers who were on trial for the severe torture of a juvenile murder suspect had their case suspended after they failed to appear for court. At year's end it was reported that the officers were free and living in Taiz and that authorities refused to re-apprehend them. There was no further action on the case.

Throughout the year the government took effective steps to curb torture in MOI prisons. From February and to October, the government, in conjunction with a national human rights NGO, the United Nations Development Program (UNDP), and the British government, trained over 340 MOI officers on the illegality of torture. Under the initiative, the same NGO printed and the government distributed a human rights guide for MOI officers. In the first week of July, 360 female officers completed similar training. The MOI, in conjunction with the Ministry of Human Rights (MHR), also intensified its monitoring of prison conditions around the country.

Freedom House Country Report - Political Rights: 5   Civil Liberties: 5   Status: Partly Free

2009 Edition

www.freedomhouse.org/report/freedom-world/2009/yemen

[accessed 17 February 2013]

Arbitrary detention occurs, partly because law enforcement officers lack proper training and senior government officials lack the political will to eliminate the problem. Security forces affiliated with the Political Security Office (PSO) and the Ministry of the Interior torture and abuse detainees, and torture remains a problem in PSO prisons, which are not closely monitored.

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Cite this webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- Yemen", http://gvnet.com/torture/Yemen.htm, [accessed <date>]

 

 

Torture in  [Yemen]  [other countries]
Human Trafficking in  [Yemen]  [other countries]
Street Children in  [Yemen]  [other countries]
Child Prostitution in  [Yemen]  [other countries]