A/65/44 Anti-terrorism measures (11) The Committee acknowledges the difficulties that the State party faces in its prolonged fight against terrorism. However, recalling the absolute prohibition of torture, the Committee is concerned at reports of grave violations of the Convention committed in the context of the State party’s fight against terrorism. Such violations include cases of extrajudicial killing, enforced disappearance, arbitrary arrest, indefinite detention without charge or trial, torture and ill-treatment, and deportation of non-citizens to countries where they are in danger of being subjected to torture or ill-treatment. The Committee is also concerned at the content of the draft anti-terrorism and the money laundering and terrorism funding laws, including the reportedly broad definition of terrorism and the absence of legal/judicial procedures pertaining to the delivery, arrest or detention of individuals (arts. 2 and 16). The State party should take all necessary measures to ensure that its legislative, administrative and other anti-terrorism measures are compatible with the provisions of the Convention, especially with article 2, paragraph 2. The Committee recalls that no exceptional circumstances whatsoever can be invoked as a justification for torture and, in accordance with relevant Security Council resolutions, especially resolution 1624 (2005), anti-terrorism measures must be implemented with full respect for international human rights law, especially the Convention. The State party is requested to provide information on the content and status of the draft anti-terrorism and the money laundering and terrorism funding laws. Incommunicado detention (12) The Committee reiterates its concern at substantiated 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). The State party should take all appropriate measures to abolish incommunicado detention and ensure that all persons held incommunicado are released, or charged and tried under due process. The State party should submit information on the exact number and location of places of detention used by the Political Security Department and other security forces, and the number of persons deprived of liberty in such facilities. The State party should also provide an update on the case of four nationals of Cameroon — Mouafo Ludo, Pengou Pierpe, Mechoup Baudelaire and Ouafo Zacharie — who have been detained incommunicado and without legal process in Sana’a since 1995. Enforced disappearances and arbitrary arrests and detention (13) The Committee expresses its concern at reports of enforced disappearance and of the widespread practice of mass arrests without a warrant and arbitrary and prolonged detention without charges and judicial process. The Committee is also concerned at the wide array of security forces and agencies in Yemen empowered to arrest and detain, and at the lack of clarification as to whether such powers are prescribed by the relevant legislation, including the Criminal Procedure Law. The Committee stresses that arrests without a warrant and the lack of judicial oversight on the legality of detention can facilitate torture and ill-treatment (arts. 2 and 11). The State party should take all necessary measures to counter enforced disappearances and the practice of mass arrest without a warrant and arbitrary detention without charges and judicial process. The State party should clarify to the 64 GE.10-44721

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