(d)The failure in practice to enable detained persons to obtain access to a lawyer, a doctor of their choice or relatives from the outset
of their detention;
(e)The apparent failure to investigate promptly, impartially and fully the numerous allegations of torture and breaches of article 16 of
the Convention and to prosecute alleged offenders;
(f)Reported cases of deportation of foreigners without the opportunity for them to legally challenge those measures which, if found to
be the case, may be in breach of the obligations imposed by article 3 of the Convention;
(g)The failure of the State party to provide detailed information relating to modalities of compensation and rehabilitation of victims of
ill-treatment by the State;
(h)The situation of women who have served their prison sentences but who remain in prison for prolonged periods;
(i)The Committee is concerned at the low minimum age of criminal responsibility and at the detention of child offenders as young as 7
years in specialized hospitals or social protection institutions.
E. Recommendations
146. The Committee recommends that the State party:
(a) Adopt a definition of torture which covers all elements of that contained in article 1 of the Convention, and amend
domestic penal law accordingly;
(b) Take all appropriate measures to ensure that criminal sanctions are in full conformity with the Convention;
(c) Ensure that all detained persons have immediate access to a doctor and a lawyer, as well as contact with their
families, at all stages of detention and that detainees held by the Political Security Department are given prompt access
to judges;
(d) Take all appropriate measures to abolish de facto incommunicado detention;
(e) Take immediate steps to ensure that arrests and detentions are carried out under independent and impartial judicial
supervision;
(f) Ensure that all counter-terrorism measures taken are in full conformity with the Convention;
(g) Ensure that the expulsion, refoulement or extradition of a person to another State is in compliance with article 3 of
the Convention;
(h) Take measures to establish an effective, reliable and independent complaints system to undertake prompt and
impartial investigations into allegations of ill-treatment or torture by police and other public officials, and punish the
offenders;
(i) Strengthen efforts to reduce any occurrences of torture or other ill-treatment by police and other public officials, and
collect data that monitors such acts;
(j) Ensure the right of torture victims to fair and adequate compensation from the State and set up programmes for the
physical and psychological rehabilitation of victims;
(k) Continue and expand efforts to establish “half-way homes” for women in order to avoid their remaining in prison
beyond the expiration of their sentence;
(l) Review the minimum age of criminal responsibility and ensure that all protective institutions and other places of
detention meet international juvenile justice standards, including those of the Convention;
(m) Consider making the declarations under articles 21 and 22 of the Convention and ratifying the Optional Protocol to
the Convention;
(n) Consult closely with the Office of the High Commissioner for Human Rights, the United Nations independent human
rights mechanisms and country-based programmes to develop appropriate education and training programmes on, inter
alia, the United Nations human rights treaty body reporting processes and programmes aimed at enforcing the
prohibition of torture and ill-treatment.
147. The Committee recommends that the next State party report should comply with the reporting guidelines of the
Committee and include, inter alia:
(a) Detailed information on the practical implementation of its legislation and the recommendations of the Committee;
(b) Detailed statistical data, disaggregated by crime, geographical location, ethnicity and gender, on complaints relating
to torture and ill-treatment allegedly committed by law enforcement officials, as well as related investigations,
prosecutions, and penal and disciplinary sentences.
148. The Committee recommends that the State party widely disseminate the reports submitted by Yemen to the
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