CAT/C/YEM/CO/2
information should be disaggregated by sex, age and ethnicity of the individual
bringing the complaints, and indicate which authority undertook the investigation.
12.
Judicial proceedings and independence of the judiciary
17.
The Committee expresses its concern at the reported lack of efficiency and
independence of the judiciary, despite the existence of constitutional guarantees and the
measures taken to reform the judicial branch, including in the context of the national
strategy for the modernization and development of the judiciary (2005–2015). It is
particularly concerned that this may impede the initiation of investigation and prosecution
of cases of torture and ill-treatment. In this respect, the Committee is concerned at reports
of interference by the executive and lack of security of tenure of judges. While noting that
article 150 of the Constitution of Yemen prohibits without exception the establishment of
special courts, the Committee is also concerned at the establishment by Republican Decree
of 1999 of the Specialized Criminal Court and at reports that international norms of fair
trial are not upheld by this Court (arts. 2, 12 and 13).
The State party should take the necessary measures to establish and ensure the full
independence and impartiality of the judiciary in the performance of its duties in
conformity with international standards, notably the Basic Principles on the
Independence of the Judiciary. In this respect, the State party should ensure that the
judiciary is free from any interference, in particular from the executive branch, in law
as in practice. The State party should also strengthen the role of judges and
prosecutors with regard to the initiation of investigation and prosecution of cases of
torture and ill-treatment and the legality of detention, including by providing
adequate training on the State party’s obligations under the Convention to judges and
prosecutors.
The State party is requested to submit detailed information on existing legal
guarantees ensuring the security of tenure of judges and their application. In
particular, information should be provided on the procedure for the appointment of
judges, the duration of their mandate, the constitutional or legislative rules governing
their irremovability and the way in which they may be dismissed from office.
Furthermore, the State party should dissolve the Specialized Criminal Court, as the
trials before this exceptional court violate basic principles for the holding of a fair
trial.
13.
Criminal sanctions
18.
The Committee remains concerned that certain criminal sanctions (or hadd
penalties) such as floggings, beatings and even amputation of limbs are still prescribed by
law and practised in the State party, in violation of the Convention. The Committee is also
concerned at reports that courts across the country impose sentences of flogging almost
daily for alleged alcohol and sexual offences, and that such floggings are carried out
immediately, in public, without appeal. It is also concerned at the wide discretionary
powers of judges to impose these sanctions and that they may be imposed in a
discriminatory way against different groups, including women (arts. 1 and 16).
The State party should put an end immediately to such practices and modify its
legislation accordingly, especially with regard to the discriminatory effects of such
criminal sanctions on different groups, including women, in order to ensure its full
compatibility with the Convention.
GE.09-46826
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