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Geneva, November 21, 2003
On 17 and 18 November, 2003, the UN Committee against Torture
examined the initial report of Yemen on the implementation of
the Convention against Torture, and other Cruel, Inhuman or
Degrading Treatment, submitted to the Committee almost ten years
later than requested by the State’s conventional obligations.
The FIDH welcomes and shares the Final Conclusions and Recommendations
released today by the Committee, which highlighted a situation
where the Government is not complying with its international
obligations, neither from a legislative, nor from a practical
point of views. The FIDH shares the Committee subjects of concerns
and in particular the followings:
1In the framework of its “counter terrorism measures”
the Government is currently detaining between 130 to 200 persons
in an “investigative” or “re-educative”
aim. These detainees, who are under the supervision of the Political
Security Department, are frequently deprived of their most fundamental
rights, as the right to have access to a lawyer. As recalled
by the Committee, the FIDH underlines that “no exceptional
circumstances whatsoever can be invoked as a justification for
torture”.
2In Yemen, the stoning, flogging and amputation, are legal.
While the governmental delegation justified these methods as
being pursuant to Sharia law, the Committee affirmed that these
criminal sanctions “may be in breach of the Convention”.
The FIDH deplores a lost opportunity for the Government to open
a real dialogue on this issue and denounces in absolute terms
these inhuman practices, which can not be justified under the
umbrella of the “cultural relativism”.
3In violation of its international obligations, the Government
practices arbitrary arrests and illegal detentions. The FIDH
is particularly concerned by the illegal practice consisting
in taking into hostage the family members of the wanted. The
organization also shares the concern of the Committee as far
as the frequent practice of incommunicado detention is concerned.
As stated by the Human Rights Committee in its General Comment
20 (1994), provisions should be made against incommunicado detentions,
since, as observed by the UN Special Rapporteur on torture,
“torture is most frequently practiced during incommunicado
detentions”.
4The FIDH is also concerned about the existence of “private”
prisons which are under the “jurisdiction” of the
sheikhs (chiefs of tribe). The Organization regrets that the
Committee did not mention this issue in its Final Observations.
5Though the Government affirmed that “impunity does not
exist in Yemen”, different sources certify that there
is no serious commitment to bring the authors of torture to
justice, nor to ensure the right of the victims to compensation.
The FIDH urges the Yemeni government to take all necessary
measures to implement the recommandations of the Committee. |
