Government responds to USAs Human Rights report (part III) [Archives:2002/25/Reportage]
The report has also mentioned that Members of the security forces killed a number of persons during the year. Members of the security forces tortured and otherwise abused persons, and continued to arrest and detain citizens arbitrarily, especially oppositionists in the south and other persons regarded as secessionists.
– Generally, this is an incorrect allegation for there are no practices by security members regarding killing persons nor phenomena of arbitrary arrests of persons whether oppositionists or others. Concerning allegations on cases of torture and abuses, Yemen confirms they are very limited and rare cases. They do not form a phenomenon or organized operation or widespread to be mentioned in such a report. Those members from the security apparatus responsible for such rare cases of torture and violation of human rights have been brought to court and verdicts have been issued against those proved to have committed them. Trial measures are still going on concerning others accused of such acts. It is groundless regarding what has been mentioned about targeting certain areas or governorates. All citizens are equal before the law. The report should have pointed out such cases so that the concerned authorities be able to investigate into such allegations and whether they are correct and consequently to take legal measures against them.
The report mentions that Prison conditions were poor, and some detainees were held in private prisons not authorized by the government.
– We would like to clarify that the government exerts all efforts possible to improve conditions in prisons and to uplift services and utilities in them. A good long distance has been traversed in this respect, the report in question has admitted that. Shortage in capabilities and insufficient support by concerned bodies constitute the major cause behind disability to improve prison conditions to the level aspired for. The authorities concerned at the government, in cooperation with a number of international bodies and organizations, are now studying the issue of improving prison conditions, including solving the problems of women who have served their sentences and still not released. Many measures have been taken in this regard, among which are separating juvenile delinquents from adult inmates and put them at special care houses where they can continue their education and practice various social and sport activities. Further practical measures pertaining to this question are to be taken soon.
One of the measures the government has taken is a decree by the president on setting up a special committee handling supervision on prison conditions in general and helping needy inmates sentenced to payable special and civil indebtedness by paying for them the sums they are indebted in order to be released from prison. This process is done periodically every year. It is worthy here to praise the role this committee plays and the effective role the Supreme National Committee on Human Rights ( SNCHR) undertakes. SNCHR has formed several committees entrusted with field inspection of prisons throughout governorates of the republic and offering suggestions for improving prison conditions, and these committees actually need huge sums of money to carry out their tasks. The government, represented by the SNCHR, and in cooperation with some international and local organizations, has organized a number of training courses for prison officials in several governorates aimed at providing them with awareness on human rights and improving performance inside prisons. Many committees have been set up for investigation and search regarding the presence of private prisons unauthorized by the government. Those prisons have been already closed down and prevented for good.
The report mentions in another part of it that Political security officers have broad discretion over perceived national issues. Despite constitutional constraints, security officers routinely monitor citizens activities, search their homes, detain citizens for questioning, and mistreat detainees.
-A presidential decree on creation of PSO No. 121, 1992 has defined its authorities in chapter 4, article 7. Members of the apparatus are granted authorities similar of those men in charge of judiciary monitoring and could carry out investigations about those being strongly suspected or there is authenticated information against them impinging the state security and safety. Consequently the PSO performs legally granted authorities pursuant to law No. 13 for the year 1994 regarding penal measures under supervision and direction of public prosecution. It refers all detected sabotage crimes and activities to the public prosecution to complete investigation measures and to deal with them according to the law. Responding to what the report has mentioned about PSO officers routinely monitoring citizens activities and search their homes, we confirm that this is groundless allegation and lacking of evidence.
The report mentions that The law limited freedom of speech and of the press, and the government continued to harass, intimidate, and detain journalists. Journalists practiced self-censorship.
To clarify this point we confirm this is a presentation of allegations characterized by generalization and fall short of evidence. In fact the constitution absolutely does not limit freedom of speech or other public liberties. This freedom is regulated in accordance with article of Press and Publications Law No. 20 for the year 1990, as it is known that any unregulated work changes to anarchy.
The report says
-This point as is the case for the previous one characterized by generalization and ambiguity and lacks pinpointing certain cases to be cited. As a matter of fact the freedoms of assembly, religion and movement are rights guaranteed by texts in the constitution and the law . These liberties could not be limited but through the law whenever it is necessary, such as restricting movement of some suspects or accused until proving either their innocence or guilt. Religious tenet freedom is safeguarded in all circumstances taking into account that, as a general principle, that there are no religious minorities in Yemen except for some Jewish or Christian individuals or groups, however these sects are free in practicing their own religious rituals without any restrictions imposed on them and this is applied to certain Islamic religious sects such as al-Bohra. Care and protection are rendered to sanctities and worshipping places of sects. It is very seldom to happen that any event or attack of religious character takes place against them. In case of any such incident, legal measures on protection of religious faith are taken immediately.
The report also mentions that Violence and discrimination against women were problems. Female genital mutilation (FGM)was practiced on a limited scale, primarily along the coastal areas of the Red Sea. The government publicly discouraged FGM.
– For clarification purposes the Yemeni woman have been occupying leading posts. She is now working with the government, in parliament, local councils, judiciary career, in political parties, civil society organizations and police force. The American report, however, still underestimates the woman role in development and progress in all fields. In this context we point out the governments interest in the woman role in the development process that has become very clear through reconsidering many issues related to woman. The council of ministers has approved some amendments of some legal texts pertaining womans rights in a move considered as advanced at the level of legislations connected to enhancement of public rights and freedoms, including those approved recently concerning laws on nationality, civic status, civilian register, prison organization and personal status. Regarding female genital mutilation, these habits are considered as extinct and very limited and mostly characterized as individual behavior. The government however has issued a decision prohibiting hospitals and health centers from performing genital mutilation operations, after it has carried out an awareness campaign on risks of such activities on females health through health programs devoted to tackling maternity and childhood care, with concentration on reproductive health. These efforts have produced results curbing this practice resulting from ignorance and illiteracy common in those remote coastal areas influenced by African customs.
part 1V to follow in the next issue
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