Detention Centers in Yemen

A Study

Publisher
Publish Date
December 6, 2017
Pages Count
160
Detention Centers in Yemen
Mwatana released a study on detention places in Yemen
Press Release
Mwatana released a study on detention places in Yemen
December 23, 2019

The study aimed at providing a realistic depiction of places of detention in Yemen, including the reality of the spatial environment of buildings and services, the extent of compliance with national laws and international rules pertaining to detainees and detention procedures, and the provision of moral and physical rights to detainees. The study was conducted in order to contribute to any future

procedures related to reforming the human rights environment in Yemen, starting, first and foremost, with the structure and policies of the penal institutions, to

ensure they fulfill their legal role and prevent them from becoming a tool for

human rights violations in Yemen. In order to achieve this, the study adopted a descriptive approach in analyzing the data collected through two different forms of questionnaires. The first form targeted a sample of former and current detainees (while the research was conducted in the field), whereas the second form targeted a sample of people in charge of detention centers in police stations in Yemen. National laws and international rules concerning the organization of the work of places of detention were drawn upon.

The field survey was carried out in seven Yemeni governorates covering the whole country, Yemen, geographically, taking into account the inclusion of all parties to the conflict and the various authorities on the ground, namely the governorates of Amanat Al-Asemah, Aden, Taiz, Al-Hudaydah, Hadhramaut and Ma’rib. The different stages of the study were carried out during the period between April and September 2018, while the timeline of the study was limited to the period between 2015 and 2018, during which a complex armed conflict involving local, regional and international parties in direct and indirect forms occurred.

The study adopted a descriptive survey methodology and included different juridical and legal concepts related to the rights of detainees in particular, guided governorate. by Yemeni national laws and relevant international legislation.

The study included six chapters. The first chapter tackled the problem of the study and its dimensions including objectives, questions, time and spatial limits, and the concepts used in it. The second chapter included the methodology, tools and a sample of the study and the third chapter presented the reality of the human rights situation in Yemen during the period covered by the study, based on local and international human rights reports, as a general background that helps in

understanding the details and results of the study. Chapters four, five, and six were devoted to the analysis and presentation of the results of the study. The fourth chapter analyzed the data from the questionnaire on detainees, while the fifth chapter analyzed the data from the questionnaire of people in charge of places of detention in police stations in Yemen, and the sixth chapter contained the main findings and recommendations of the study.

Overall, the study found that there was a general tendency not to adhere to legal procedures when arresting detainees and during their detention.

Some detainees were arrested without the people arresting them identifying themselves and with no evidence of the prosecution’s order or a judicial arrest warrant.

In some cases, detainees were held in places of detention prior to interrogation, without being informed of the reasons behind their detention, or without being

allowed to inform their families or anybody else in most cases. In a below-average number of cases, failure to record information on detainees in official records at

the time of detention was also noted but for the majority, their data were recorded in official records.

Moreover, the study showcased a general tendency not to inform detainees of the reasons behind their detention and recorded a high rate of detentions for considerations related to the current conflict, and detainees being held in unofficial places of detention under the authority of different factions of the parties

to the ongoing conflict in the country, most notably by Ansar Allah (Houthis), the Emirati forces in Yemen, the military coalition supporting the authorities of President Hadi led by Saudi Arabia, al-Qaeda in the Arabian Peninsula, the resistance factions within the loyal forces - internationally recognized - and the Arab coalition, and the Hadrami Elite Forces.

Unofficial places of detention were distributed among residential buildings, bathrooms, and private buildings, as well as civilian, military, and government buildings, with cases of detention without any charges. There was also a general tendency not to respect the right of detainees to have access to lawyers during their interrogation by those in charge of places of detention. Furthermore, except for a few cases, there was a tendency of neglect to refer detainees to the Public Prosecutor’s Office within the legal period (24hours) and national standards, with regard to the spatial environment, and the basic services needed to be provided in places of detention. The vast majority of these places were neither spacious and comfortable for the detainees nor clean and did not have good ventilation and adequate lighting during the day and at night. General water and electricity services were available only in a few cases, as a considerable number of these places rely on alternative sources of electricity and water for their inmates, while some cannot provide alternative sources of these essential services. Generally, access to clean and adequate toilet facilities and clean water for washing was not available to detainees who, in most cases, did not have access to either mattresses or blankets. Only in very rare cases did detainees have access to personal hygiene items such as soap and shaving tools.

At the same time, there was often a lack of respect for the physical and moral rights of detainees. Some detainees did not get enough regular sleep; most did not receive free meals and beverages and often did not receive meals and beverages when they needed them, even if they paid for them. The vast majority of detainees did not have access to writing sheets of paper or books to read when needed, and most of them were unable to get sun exposure regularly. Most of them did not have the ability to call a doctor when one was needed, except in rare cases. It was also revealed that, during interrogations, many detainees were pressured and some were forced to sign interrogation minutes. Detainees were subjected to torture using harsh methods, such as electrifying and burning, beating with electric

wires, suspension, kicking, beating with sticks and hands, blindfolding, and breaking

ribs and fingers, along with physical and verbal abuse. Others were deprived of

eating and sleeping as punishment after interrogation.

Detainees had limited contact with the outside world with few exceptions

when family and friends of detainees were allowed to visit them, but only in a

limited and irregular manner except in a below-average number of cases.

For the absolute majority, places of detention were not subject to regular

inspection by the public prosecution and the competent authorities.

Although most police officers are graduates of the police academy and most

of them attended legal courses, the release of detainees has sometimes been hampered by delays and demands for money. At the same time, most police stations and places of detention did not receive any operational budget from the government, and when they did receive them, these operational budgets were not sufficient to meet the basic needs. Most places of detention in police stations do not provide places of detention for women and juveniles.