CAT/C/YEM/CO/2
B.
Positive aspects
4.
The Committee welcomes the fact that, in the period since the consideration of the
initial report, the State party has ratified or acceded to the following international
instruments:
(a)
The Convention on the Rights of Persons with Disabilities and the Optional
Protocol thereto, in 2009;
(b)
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, in 2007;
(c)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, in 2004.
5.
The Committee notes the ongoing efforts by the State to reform its legislation,
policies and procedures to ensure better protection of human rights, including the right not
to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, in
particular:
(a)
The State party’s signature of several memorandums of understanding with
the United Nations High Commissioner for Refugees in 2004, 2005 and 2007, including its
commitment to prepare a refugee law and to promote it;
(b)
The various human rights education and training activities and the State
party’s openness to international cooperation.
C.
1.
Principal subjects of concern and recommendations
Implementation of the Convention
6.
The Committee notes with concern that the conclusions and recommendations it
addressed to Yemen in 2003 have not been sufficiently taken into consideration. The
Committee stresses the duty of States, regardless of their political, economic and cultural
systems, to promote and protect all human rights and fundamental freedoms. In its view,
cultural and religious specificities may be taken into consideration in order to develop
adequate means to ensure respect for universal human rights, but they cannot jeopardize the
implementation of all provisions of the Convention or negate the rule of law. In this respect,
the Committee notes with concern the establishment, in 2008, of a commission to protect
virtue and fight vice and the lack of information on the mandate and jurisdiction of this
commission, existing appeal procedures, and whether it is subject to review by ordinary
judicial authorities (art. 2).
The State party should implement in good faith all recommendations addressed to it
by the Committee and find ways to ensure that its religious principles and laws are
compatible with human rights and its obligations under the Convention. In this
respect, the Committee draws the attention of the State party to its general comment
No. 2 on the implementation of article 2. The State party is requested to provide
information on the mandate of the new virtue and vice commission, its appeal
procedures and whether it exercises a precise jurisdiction in full conformity with the
requirements of the Convention or is subject to review by ordinary judicial
authorities.
2.
Definition of torture
7.
While noting that the Constitution of Yemen prohibits torture, the Committee
reiterates its concern at the lack of a comprehensive definition of torture in the domestic
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