E/CN.4/1998/38
page 42
Branch of the security forces, were often held incommunicado for prolonged
periods, sometimes weeks or months, without access to lawyers and family
members. Torture was said to be inflicted systematically against such
detainees. Military intelligence, criminal investigation police and members
of the armed forces also allegedly used torture on a widespread basis, against
both political suspects and common law detainees. Officials carrying out
torture were said usually to act with impunity, as few investigations of such
officials had reportedly been carried out.
208. The methods of torture reported included: beatings all over the body,
including with rifle butts, iron rods, cables and sticks; sexual assault,
including rape; threat of rape of the victim or his or her relatives in his or
her presence; application of electric shocks; suspension from a metal bar
inserted between the hands and knees which are tied together (“Kentucky
Farruj”); being urinated on; being walked on while lying naked on slabs of
concrete; prolonged solitary confinement; shackling for lengthy periods;
burning with cigarettes; beatings on the soles of the feat (falaqa); dousing
with cold water; suspension, sometimes upside down, from the ceiling or window
while simultaneously being subjected to other forms of torture; whipping and
lashing; sleep deprivation; being kept in adverse weather conditions; being
tied to a chair or bound with ropes while being subjected to other forms of
torture; and forced head shaving.
209. Members of the security forces were also said to carry out abductions
and beatings of political opposition figures as reprisal for their political
activities and/or to dissuade them from engaging in such activities in the
future.
210. The Special Rapporteur also informed the Government that he had received
information concerning the application of corporal punishment in Yemen. Under
the Penal Code enacted in 1994, fornication, when the offender is unmarried,
is punishable by 100 lashes and adultery is punishable by death by stoning
(articles 263 and 264). Consumption of alcohol and slander are punishable by
80 lashes (articles 283 and 289). Amputation of the right hand is prescribed
for a first theft offence and amputation of the left foot at the ankle for a
subsequent offence (article 298). Highway robbery is punishable by amputation
of the right hand and left foot (article 307 (2)).
211. Flogging was said to be carried out on a regular basis. Defendants were
reportedly often flogged immediately upon trial without appeal to higher
courts, as such defendants are generally released after the flogging, whereas
they might spend lengthy periods in detention during any appeal process they
might pursue. Judges were said to face threats or other pressure from
security forces to convict defendants in corporal punishment cases.
212. The Special Rapporteur also transmitted five cases, several of them
collective, concerning 7 named, 18 unnamed individuals, and the detainees in
Si’un prison. Furthermore, he made three urgent appeals on behalf of 11 named
and 28 unnamed individuals. The Government responded to one urgent appeal on
behalf of two individuals sentenced to corporal punishment.
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