FIDH and its partner organisations deeply regret the absence of the Yemeni authorities at the planned dialogue with the CAT experts. This reflects the lack of willingness of Yemen to cooperate with UN human rights mechanisms, in a context of deterioration of the human rights situation in the country.
"The Committee Against Torture points out crucial issues regarding torture in Yemen. The Yemeni authorities should consider these concluding observations as a helpful tool to launch much-needed reforms in the fight against torture, starting with the disclosure of complete information on the identity and location of all detainees", said FIDH President Souhayr Belhassen.
In its concluding observations, the CAT expresses its deep concern at the "numerous allegations, corroborated by a number of Yemeni and international sources, of a widespread use of torture (...) in Yemeni prisons." The Committee further regrets that torture takes place in a climate of impunity, which is favoured by the proliferation of places of detention, run by the Political Security, the National Security and the Department of Anti-Terrorism within the Ministry of Interior. These numerous places of detention seem to be out of control of the Judiciary.
The CAT is also concerned at allegations of extra-judicial killings in the Northern Sa’ada province and the south of the country, and at the reported lack of independence of the judiciary, which "may impede the initiation of investigations and prosecutions of cases of torture".
FIDH, SAF and HOOD had provided the CAT with alternative reports on the situation of torture in Yemen, inter alia in the context of the fight against terrorism. Our organisations welcome CAT recommendations to Yemen, which take well into account our main areas of concerns, in particular:
– adopting a larger definition of torture in compliance with Article 1 of the Convention Against Torture;
– ensuring the rights of all detainees to have access to a lawyer and to an independent medical investigation, to notify a relative and to be informed of their rights and about the charges laid against them;
– ensuring that anti-terrorism measures are compatible with the Convention Against Torture (in particular the draft Anti-Terrorism and Money Laundering and Funding Terrorism Laws;
– abolishing incommunicado detention and publicise the exact number and location of detainees;
– minimising the powers of the various security agencies to arrest and detain, and clarify whether the Prosecutor General has access to places of detention run by them, so as to reduce the incidence of arbitrary detentions without charges and judicial process;
– ending the practice of taking hostages among relatives of alleged criminals;
– ensuring the protection of persons confined in refugee camps and affected by the conflict in the northern Sa’ada province;
– ensuring the protection from violence and intimidation of human rights defenders, political activists and journalists.
Given the absence of a State delegation during the dialogue, the Committee required Yemen to provide written information on a series of issues by 15 February 2010, after what CAT will adopt final concluding observations.