CAT/C/YEM/CO/2
the “blood money” they have been convicted to pay (CAT/C/CR/31/4, para. 6 (h). The
Committee is also concerned that the majority of women in prison have been sentenced for
prostitution, adultery, alcoholism, unlawful or indecent behaviour, in a private or public
setting, as well as for violating restrictions of movement imposed by family traditions and
Yemeni laws; the Committee also notes with concern that such sentences are applied in a
discriminatory way against women (arts. 11 and 16).
The State party should take effective measures to prevent sexual violence against
women in detention, including by reviewing current policies and procedures for the
custody and treatment of detainees, ensuring separation of female detainees from
males, enforcing regulations calling for female inmates to be guarded by officers of the
same gender, and monitoring and documenting incidents of sexual violence in
detention.
The State party should also take effective measures to ensure that detainees who have
allegedly been sexually victimized are able to report the abuse without being subjected
to punitive measures by staff, protect detainees who report sexual abuse from
retaliation by the perpetrator(s); promptly, effectively and impartially investigate and
prosecute all instances of sexual abuse in custody; and provide access to confidential
medical and mental health care for victims of sexual abuse in detention, as well as
access to redress, including compensation and rehabilitation, as appropriate. The
State party is requested to provide data, disaggregated by sex, age and ethnicity of the
victims of sexual abuse, and information on investigation, prosecution and
punishment of perpetrators.
Furthermore, the State party should ensure that women prisoners have access to
adequate health facilities and provide rehabilitation programmes to reintegrate them
into the community, notwithstanding the refusal of the guardian or family to receive
them. In this respect, the State party is requested to inform the Committee of any
steps taken to establish “half-way homes” for these women, as recommended by the
Committee in its previous concluding observations (CAT/C/CR/31/4, para. 7 (k)).
20.
Children in detention
25.
The Committee remains deeply concerned at the continued practice of detention of
children, including children as young as 7 or 8 years of age; it is also concerned at reports
that children are often not separated from adults in detention facilities and that they are
frequently abused. The Committee also remains concerned at the very low minimum age of
criminal responsibility (7 years) and other shortcomings in the juvenile justice system (arts.
11 and 16).
The State party should, as a matter of urgency, raise the minimum age of criminal
responsibility in order to bring it into line with generally accepted international
standards. The State party should also take all measures necessary to significantly
reduce the number of children in detention and ensure that persons below 18 years of
age are not detained with adults; that alternative measures to deprivation of liberty,
such as probation, community service or suspended sentences, are available; that
professionals in the area of recovery and social reintegration of children are properly
trained; and that deprivation of liberty is used only as a measure of last resort, for the
shortest possible time and in appropriate conditions. In this respect, the Committee
reiterates the recommendations made by the Committee on the Rights of the Child
(CRC/C/15/Add.267, paras. 76 and 77). The Committee requests the State party to
provide statistics on the number of children in detention, disaggregated by sex, age
and ethnicity.
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