Government responds to USAs Human Rights report (part V) [Archives:2002/27/Reportage]

— Torture and other cruel, inhuman treatment of punishment
At the beginning of this point there was mentioned that The Constitution is ambiguous regarding the prohibition of cruel or inhuman punishment.
The Yemeni constitution is never ambiguous but rather stipulated many necessary guarantees and the valid laws have given enough protection of human rights, most important is his right to security and life, which agrees to great extent with international guarantees set up to ensure protection of the rights of persons facing the death sentence, as approved by decision of the economic and social council 1984/, dated 25 May 1984 in its nine articles published in (International Documents Collection), the United Nations-New York 1993. Yemen is one of more than 90 countries that did not sign on the voluntary protocol, annexed to International Covenant on Civil and Political rights on cancellation of death penalty. As the human right to security and life comes at the forefront of his personal freedom on which all his rights are based, we point here to the more important guarantees and protection the constitution has secured and stipulated in the above mentioned valid laws as follows:
_ Article 48, paragraph (a) of the constitution stipulated ( The state secures for the citizens their personal freedom and preserves their dignity and security. The law defines the cases in which the citizens freedom is restricted and it is not allowed to limit the freedom any one but under judgment of a specialized court.) Also article (11) of the punitive measures law does stipulates on this.
_Article 47 of the constitution stipulates that ( criminal responsibility is personal and there would be no crime or punishment unless upon a legal text and each accused is innocent until proved guilty with a decisive judicial decision and it is not permitted to enact a law punishing any acts by retroactive effect). The same rules are stipulated in articles 2, 3, 4 of the law of penal procedures.
_T o protect the human right to life against any suppression, article 234 of criminal and punishment law mentioned the cases where people are sentenced to death as follows:
– He who purposefully kills a guiltless person, would be punished by death sentence…..on condition that his blood relative demands that and there should be a lawful evidence. Confirmation of death sentence is permitted if the guilty was known of being evil, or committed the murder in a savage way or killed two or more persons.
– Article 434, punitive procedures stipulated that ( If the death sentence, or castigation would consequently cause eliminating the soul or part of the body, the prosecution, even without challenge of any of the litigants, should refer the case to the supreme court supported with a memorandum indicating its opinion. The court in this instance is permitted to consider theme of the case.
-Article 469, punitive procedures mentions that execution of judgments in any crime is not allowed unless in accordance with an irrevocable sentence of an obligatory execution issued by a competent court.
_ Article 479, punitive procedures indicated that judgments of capital punishment or castigation issued against he who is convicted should not be implemented but after approval of president of the republic on the judgment.
_Article 480, punitive procedures mentions that the president of the republic issues a decree on implementation of the sentence by punishments or castigations, but concerning the death sentence there could bee a decision taken either on the execution, or changing the punishment or issuing a pardon for the convicted.
_Article 484 and others pertaining to punitive procedures have also stated non-execution of death or castigation punishments causing loss of life or part of the body on official national days, and days marking festivities of the convicted religion. The execution is postponed for the expectant women till she gives birth, and the suckling mother till she finishes feeding her infant for two years and there exists a custodian person, and the woman is put in prison till the time of execution.
_The constitution and valid laws have offered more safeguards and protection in a manner preserving human security and dignity and not to allow his arrest or search or detention unless he is caught red-handed or under an order dictating necessity of investigation issued by a judge or general prosecution pursuant to rules of the law. The constitution has also not allowed watching or seeking information about a person unless according to the law. It has also banned physical, or psychological or moral torture and also coercive confession during interrogation. It has prevented imprisoning or detaining any person in places not subject to prisons law. There is the prohibition of torture and inhuman treatment at the time of arrest or during detention or imprisonment. Other safeguards contained in texts of the constitution and laws are those in paragraphs (b, c, d, h.) of article 48 of the constitution and articles stipulated in rules of punitive procedures Nos ( 6, 7, 13,70, 71, 72, 73, 76, 77, 172, 176, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193).
And what the criminal law in its articles (166, 167, 168, 169, 246, 247.)
The report mentioned some incidents related to execution of punishments against theft and adultery against two persons convicted by court.
Penalty is in the core of rules of Islamic law. The Yemeni people are Muslim and accepted the Islamic law as a style, program and system for judgment, and consequently no one is allowed to force his wish instead of the nations will. Execution of these penalties is performed in the narrowest scope and particularly in egregious crimes against security, the regime, public stability, morals of he nation and her high beliefs and values. Yemen is one of 94 countries that did not sign the protocol on canceling the death penalty and nevertheless it is committed to the nine guarantees included in the various national legislations above mentioned.
The report mentions that Authorities in some cases arrest without charge and imprison refugees, persons with mental disabilities, and illegal immigrants and place them in prisons with common criminals.
-Refugees rights are safeguarded in the constitution. Yemen deals with refugees out of a religious and human standpoint. Accordingly, Yemen has signed and approved many conventions and agreements in this regard. Upon this stand the refugees in Yemen entertain all their legal rights. As for those with mental disabilities, it is incorrect that they are placed in prisons with common criminals because there are sanitariums and psychiatric centers to accommodate and treat such cases. Maybe closeness of those institutions to prison buildings made preparatory of the report confuses between them and those prisons. It is no secret that the limited number of such sanitariums and centers constitutes a concern for the government. As for the illegal immigrants they are treated according to the law. They are retained and then deported via their countries embassies or through specialized organizations in a manner securing their dignity.
The report mentions that The president appointed a high-level interministerial committee, chaired by the minister of interior, to inspect all major prisons in the country.
Pursuant to the presidents directives a high-level committee chaired by head of the supreme court, head of the presidency office as vice-chairman, and interior minister, minister of justice and general prosecutor as members was formed to inspect and investigate into conditions of prisons and prisoners. In addition, there is a sub-committee at the level of governorates and representatives of concerned sides at the higher committee. There is a regular and continual inspection of prisons by heads, deputies and members of general prosecutions in areas under their own jurisdiction.
-The report also mentions that The government tightly controls access to detention facilities by NGOs
This paragraph is far from being true because the NGOs that are active in human rights activities and part of their programs is following up conditions of prisoners, usually perform their role in coordination with prisons administrations and are not prevented from entering prisons but rather are granted all facilities. This is because upgrading situation of prisons represents a common target and needs joining efforts among all parties including NGOs.
_At the end of the same paragraph it was mentioned that Political Security Organization does not permit access to its detention centers.
To make it clear there are no centers for detention inside the PSO and it does not exceeds its authorities granted to it according to the law pertaining to men of judicial monitoring. Those who are detained after having strong available suspicions or authenticated information, causing damage to security and safety of the state, they are detained in places allocated according to prisons law in cooperation with the ministry of interior. These are places authorized by the law on arrest and detention.
part VI is to appear in the next issue.

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