CAT/C/YEM/CO/2
charges laid against them, and to appear before a judge within a time limit in accordance
with international standards. In this respect, the Committee is concerned at the statement in
the State report (para. 203) that “persons in pretrial detention may meet with their relatives
and lawyers, provided they obtain a written authorization from the body/entity that issued
the detention order”. The Committee is also concerned at the lack of a central register for
all persons held in detention, including minors (arts. 2, 11 and 12).
The State party should take effective measures promptly to ensure that all detainees
are afforded, in practice, all fundamental legal safeguards from the very outset of
their detention; these include, in particular, the rights to have prompt access to a
lawyer and an independent medical examination, to notify a relative, and to be
informed of their rights at the time of detention, including about the charges laid
against them, as well as to appear before a judge within a time limit in accordance
with international standards. The State party should also ensure that all detainees,
including minors, are included in a central register that functions effectively.
The State party is requested to inform the Committee of the requirements to obtain
written authorization for persons in pretrial detention to meet with their relatives and
lawyers, as well as the conditions under which such authorization may be refused.
5.
Monitoring and inspection of places of deprivation of liberty
10.
While noting that the Department of Public Prosecutions (the Prosecutor-General)
has overall responsibility for overseeing and inspecting prisons and that prosecutor’s offices
are established in central prisons in the different governorates following decree No. 91 of
1995, the Committee is concerned at the lack of systematic and effective monitoring and
inspection of all places of deprivation of liberty, especially places of detention, including
regular and unannounced visits to such places by national and international monitors. In
this respect, the Committee expresses its concern at the proliferation of places of detention,
including political security, national security and military prisons, as well as private
detention facilities run by tribal leaders, and at the apparent absence of control by the
Prosecutor-General over such prisons and detention centres. As a consequence, detainees
are allegedly deprived of fundamental legal safeguards, including an oversight mechanism
with regard to their treatment and review procedures with respect to their detention (arts. 11
and 16).
The Committee calls upon the State party to establish a national system to monitor
and inspect all places of detention and to follow up on the outcome on such systematic
monitoring. It should also ensure that forensic doctors trained in detecting signs of
torture are present during these visits. The Committee requests the State party to
clarify whether the Political Security Department, the National Security authority and
the Department of Anti-Terrorism under the Ministry of the Interior are under the
control of the civil authorities, and whether the Prosecutor-General has access to the
said detention centres, military prisons and private detention facilities. The State
party should formally prohibit all detention facilities that do not come under State
authority.
6.
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
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