Committee against Torture
The Committee against Torture this morning considered the second periodic report of Yemen on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in the absence of a delegation.
Serving as Rapporteur for the report of Yemen, Committee Expert Nora Sveaass, began by noting that the initial report of Yemen had been considered in 2003, 10 years' late; that there had never been replies to communications regarding follow-up to the Committee's concluding observations on that report (although the report before them did undertake to respond to them); and that there had been no reply from Yemen to the Committee's list of issues, sent to the Government six months ago, despite repeated reminders sent. They were now considering the report of Yemen without a delegation from the State party - a situation that was far from ideal.
Ms. Sveaass observed that the Committee had received reports on a lack of openness and transparency with regard to torture cases in Yemen, in particular a lack of willingness to receive information on allegations of torture, to undertake transparent investigations and to hold perpetrators accountable. According to the information before the Committee, draft laws and security laws were at the heart of that matter. In the course of the anti-terror war many persons had been detained and protests and demonstrations were very seriously met. There was also the issue of the practice of incommunicado detention, which appeared to be upheld under Yemeni law, as well as a number of reports of detentions without charges, or prolonged detentions without trials. Also alarming was that there appeared to be no mechanism to enforce the rights of detainees. A concern included hostage taking - reports that family members were abducted and held to ensure that a person sought would give themselves up.
Essadia Belmir, the Committee Expert serving as Co-Rapporteur for the report of Yemen, noted that the report set out many different activities with reference to protecting refugees and juvenile offenders. However, it remained to be seen what effect those reforms or plans had had on the situation on the ground, and more information would be appreciated. Based on a number of cases, it appeared that the normal logic of juvenile justice as set forth in international instruments did not apply. Children of seven or eight years old were imprisoned, held with adults, and frequently abused. Children were also sentenced to death and executed. Perhaps there were not many such cases, but a single such case was enough to be of grave concern.
Other issues of concern raised by Experts included the situation of women, and whether the law on motherhood, which prohibited female genital mutilation, had come into force; whether public bodies had been created to oversee detention conditions; the fact that the offence of torture only included acts in the context of arrest detention and imprisonment, and did not include cases of discrimination or involving a third party; a lack of details on complaints mechanisms and action undertaken to investigate complaints made; what protections existed for those who complained of torture; what was going on in the specialized courts set up to try terror cases, and whether there had been any cases brought for unfair trials in such courts; the existence of private prisons and informal detention facilities, and what oversight existed for such facilities; the situation of internally displaced persons and whether international organizations had access to the places where they were sheltered; training for military personnel on the Convention; and whether reparations and rehabilitation had been provided for torture cases, in particular in cases involving children.
Yemen is among the 146 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention. The Committee will adopt provisional concluding observations, which it will make public at the end of this session on 20 November.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its examination of the second periodic report of Slovakia (CAT/C/SVK/2).
Report of Yemen
In respect of non-refoulement requirements of the Convention, the second periodic report of Yemen (CAT/C/YEM/2) notes that Cabinet decision No. 64 of 2000 established the National Refugee Committee. In 2003, the Government signed a memorandum of understanding with the United Nations Refugee Agency (UNHCR) regarding training courses for government employees and officials on the 1951 Convention and 1967 Protocol, and improving infrastructure in keeping with the laws on migration, refugee status and human rights. Yemen is also developing a refugee bill, in accordance with a Prime Ministerial Decision of 2004. Among joint programmes successfully implemented in coordination and cooperation with UNHCR was a programme run from mid-2002 to mid-2003 to register Somali refugees and to provide them with identity papers. Approximately 47,000 refugees in 11 governorates were registered, and work is being done to set up six permanent registration centres. Furthermore, the Ministry of Human Rights has dispatched special teams to inspect conditions at the Mayfa'h district reception centre in the governorate of Shabwah; the Basatin district in the governorate of Aden (urban refugees); and the Kharaz camp in the governorate of Lahij. Yemen, in cooperation with UNHCR, established and renovated the several centres and camps for refugees from the Horn of Africa, including the Mayfa'h reception centre in the governorate of Shabwah, which receives the majority of refugees. Freedom of movement is guaranteed to refugees in Yemen, who are not subject to any restrictions on their movements and can leave the camps whenever they want.
With regard to prison reform, the following actions were taken: modern central prisons were constructed in the governorates of Amran, Dali', Mahwit and Makala; work is continuing on the construction of modern central prisons in the governorates of Abyan, Shabwah, Bayda' and Siy'un; central prisons in Hajjah, Sa'dah, Dhamar, Ibb and Ta'izz were rehabilitated through extension work and renovations; seven remand centres were built in the Sana'a City governorate, Hudaydah, Ibb and Ta'izz to reduce overcrowding in central prisons and create an atmosphere conducive to prisoner reform and rehabilitation; and juvenile centres were opened up in seven of the main governorates. The Department of Prisons pursues the objective of creating prisons that fully comply with humane standards and offer all the requisite facilities (health, training, sports), regulating administrative functions and ensuring oversight by conducting regular and unannounced prison inspections.
With respect to cases brought, in 2003, in accordance with the principle of the prohibition of inhuman treatment, several police and security services officers proven to have broken the law were prosecuted in accordance with the due process measures established by the competent authorities in previous years. Action was taken against 54 individuals, some of whom were tried and sentenced to terms of detention or imprisonment or dismissed from service. Others were ordered to pay compensation to plaintiffs. Others again are awaiting trial or remained under investigation.
Opening Statements
CLAUDIO GROSSMAN, Chairperson of the Committee, said that the Committee against Torture had decided unanimously yesterday that it was not going to postpone or suspend consideration of the second periodic report of Yemen. [At the start of the Committee's session yesterday, a representative of Yemen had requested a postponement of the consideration of its report and informed the Committee that a delegation would not be sent.] At this point, the Permanent Representative of Yemen or other representatives of the country were not present. But in accordance with the Rules of Procedure of the Committee, it would now consider the second periodic report of Yemen in the absence of a delegation. The Committee would adopt provisional concluding observations at the end of its work, with a view to receiving written observations from the State. It would then look to finalize its concluding observations at the Committee's next session.
XUEXIAN WANG, Committee Expert, noted that he was not present yesterday owing to travel problems. With regard to yesterday's decision to consider the report of Yemen in the absence of a delegation, in his view, the job of the Committee was to have a dialogue with the States parties. The purpose was to help the States parties. So having a discussion without the State party did not seem to make sense. He went on the record as not joining the consensus decision to consider the report today.
Questions Raised by Committee Experts
NORA SVEAASS, the Committee Expert serving as Rapporteur for the report of Yemen, noted that the initial report of Yemen had been considered in 2003, 10 years' late. There had been several communications regarding follow-up to concluding observations on that report, without reply, although the report before them did undertake to respond to some of those observations. However, there had been no reply from Yemen to the Committee's list of issues, sent to the Government six months ago, despite repeated reminders sent.
They were now considering the report of Yemen without a delegation from the State party - a situation that was far from ideal, Ms. Sveaass highlighted. There was not even a representative from the Permanent Mission in the room. For their consideration they would take into consideration the report of the State party, reports from other treaty bodies and reports and information from non-governmental organizations.
Ms. Sveaass noted that the establishment of the Ministry of Human Rights in 2003 had been an important step. However, despite work undertaken to that end, there had still not been a national human rights institution established in accordance with the Paris Principles for independent institutions.
Contrary to the information presented in the first 20 pages of Yemen's report, the Committee had received quite a bit information and reports on a lack of openness and transparency with regard to torture cases, in particular a lack of willingness to receive information on allegations of torture, to undertake transparent investigations and to hold perpetrators accountable. Frequent use of excessive force by Government officials was also mentioned.
According to information before the Committee, draft laws and security laws were at the heart of that matter, Ms. Sveaass said. In the course of the anti-terror war many persons had been detained and protests and demonstrations were very seriously met. They needed more information on that issue from Yemen.
Turning to an article-by-article analysis of the situation, Ms. Sveaass said the Committee needed further information about the crime of torture in the domestic law. There was no definition in the Constitution with all the elements contained in the Convention, and she had not found a clear response in the report to that.
With respect to punishments for persons responsible for crimes of torture, Ms. Sveaass reported that they had heard that no one had been punished yet for torture, despite substantial allegations that torture was a widespread practice. There was also a lack of medical doctors to gather and assess forensic evidence of torture.
Regarding the obligation to prevent torture, the Committee had asked for an update on the situation of detention in practice, not just the laws. There was also the issue of the practice of incommunicado detention, which appeared to be upheld under Yemeni law, as well as a number of reports of detentions without charges, or prolonged detentions without trials. Also alarming was that there appeared to be no mechanism to enforce the rights of detainees, Ms. Sveaass underscored.
Further issues included hostage taking, reports that family members were abducted and held to ensure that a person sought would give themselves up, as well as arbitrary detention and forced disappearances, which had also been reported, in particular in government security centres. In that connection, those appeared to be phenomena that occurred within the context of anti-terrorism prosecutions. Ms. Sveaass asked what steps the authorities would take to put an end to those practices and to investigate such cases.
There has also been alarming reports of kidnappings and extrajudicial killings, even of minors, Ms. Sveass continued. This year there had been a vast demonstration following a kidnapping case. There had been discussions about an invitation to the Special Rapporteur on extrajudicial, summary or arbitrary executions. Had any progress had been made in that direction?
Those who were abducted and subject to secret detention were reportedly subjected to physical and psychological torture. So what happened when and if such cases came to court, Ms. Sveaass asked? Would the perpetrators be held fully accountable?
What would be done to ensure detainees immediate access to legal counsel, Ms. Sveaass added? Further, what would be done to ensure that the maximal duration of pre-trial detention would be respected by the security services and that indictments were carried out in a timely manner?
With regard to women in detention, Ms. Sveaass asked about the kind of crimes women committed that could result in prison sentences. Was it true that in most cases those were prostitution and alcoholism? She was also concerned to know more about the criminalization of the meeting in private of men and women. Could the Government provide statistics on which crimes women were imprisoned for and for how long?
Ms. Sveaass was concerned that the killing of women by a husband or a relative was not treated with the seriousness of similar killings of men. What was Yemen doing to prevent violence against women and to ensure that such killings, including so-called "honour killings" did not take place?
Despite information from the State party that it permitted visits from international organizations, in particular the International Committee of the Red Cross, the Committee had received information that there was little oversight provided in practice and that those organizations had been denied access to prisoners or detainees. What then were both the actual situation and the regulations with regard to monitoring of detention conditions, Ms. Sveaass asked?
Finally, the report made a reference to the practice of Hadd (punishments set out in Islamic law, eg. stoning etc.) with regard to crimes of theft and adultery. According to the report "the purpose of hadd penalties is to serve God's law ... these penalties are imposed to benefit the community, maintain public order and safeguard human rights. They are not therefore a breach [of the Convention]." Ms. Sveaass said the Committee wanted Yemen to expand on its observation that such penalties were only applied in conjunction with statutory law and with judicial oversight. More information on the specific crimes, penalties applied and monitoring of Hadd penalties was needed.
ESSADIA BELMIR, the Committee Expert serving as Co-Rapporteur for the report of Yemen, noted that the report set out many different activities with reference to protecting refugees and juvenile offenders. A considerable amount had also been done with regard to legal reform. However, it remained to be seen what effect those reforms or plans had had on the situation on the ground, and more information would be appreciated.
The judiciary was somewhat handicapped in Yemeni by interference from the Executive, Ms. Belmir noted. There was an issue about judges' tenure. The report had mentioned something about judges being moved around, but it was not clear how that rotation operated.
On anti-terrorist legislation, Ms. Belmir was concerned that the situation with regard to detention on those grounds was very ambiguous. For certain persons it was possible to arrest and hold persons in unspecified places of detention. That seemed to derogate from the State's responsibilities. The judicial apparatus was therefore not fulfilling its purpose of upholding the rule of law and the rights of individuals.
Drawing attention to the issue of the detention of minors, Ms. Belmir said, based on a number of cases, the normal logic of juvenile justice as set forth in international instruments did not apply. Children of seven or eight years old were imprisoned, held with adults, and frequently abused. Children were sentenced to death and executed. Perhaps there were not many such cases, but a single such case was enough to be of grave concern.
Further concerns of Ms. Belmir included reports that women were frequently raped upon arrest and that children were sent to other countries - in particular to Saudi Arabia - where they were ill-treated and subject to trafficking. She was also concerned about the situation of internally displaced persons, noting that fighting in the north of Yemen had meant that some 150,000 to 200,000 had had to leave their homes, and wondered what was being done about that situation.
Other Committee Experts then asked questions and made comments. With reference to the situation of women, it was asked whether the law on motherhood, which prohibited female genital mutilation, had come into force. More information was requested about forced marriages, and what measures were being taken to combat that phenomenon. Further, regarding domestic violence, were there safe shelters for battered women?
Regarding detention, Experts asked for the findings of inspections of detention centres. Had there been cases where detainees had not been logged in? Had public bodies been created to address or oversee these issues? Was there a mechanism to monitor complaints, and in particular to monitor sexual violence in prisons?
An Expert said they had received information on the arrest and detention of members of the Baha'i community in Sana'a by members of the security services, and that they had subsequently been deported. Had there been any monitoring of the situation of those individuals in detention or any oversight for the decision to deport those individuals?
An Expert asked about freedom of lawyers and journalists and what guarantees they had in Yemen.
An Expert noted that the offence of torture only included such acts in the context of arrest detention and imprisonment, and did not cover other situations as outlined in the Convention, including cases of discrimination or involving a third party. Moreover, with regard to forced confessions, had the relevant law ever been applied?
An Expert asked for further information on a case where reportedly a victim of torture during arrest had filed a torture complaint. He had been released and paid compensation, but his perpetrators had not been sanctioned, and he had then been rearrested. In the connection, what protections were provided for those who complained of torture?
Other questions and concerns centred on complaints mechanisms and the action undertaken to investigate complaints; what was going on in the specialized courts set up to try terror cases, and whether there had been any cases brought for unfair trials in such courts; the existence of private prisons and informal detention facilities, and what oversight existed for such facilities; the situation of internally displaced persons and whether international organizations had access to the places where they were sheltered; training for military personnel on the Convention; whether reparations and rehabilitation had been provided for torture cases, in particular in cases involving children; and clarification on a law that appeared to require authorization from the executive to file a complaint.
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