CAT/C/YEM/CO/2
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.
7.
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.
8.
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
Committee whether the powers of the various security forces and agencies to arrest
and detain are prescribed by the relevant legislation, including the Criminal
Procedure Law; it should minimize the number of security forces and agencies with
such powers. Furthermore, the State party should take all appropriate steps to ensure
the application of relevant legislation, to reduce further the duration of detention
before charges are brought, and develop and implement alternatives to the
deprivation of liberty, including probation, mediation, community service or
suspended sentences. The State party is requested to provide detailed information on
GE.09-46826
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