“Counter-terrorism is no excuse to sideline human rights. Whilst the government has a duty to protect people and hold to account those engaged in terrorism it must abide by its obligations under international law.” Malcom Smart, Amnesty International

After the alleged attempted bombing of a US airliner on Christmas day, international media attention has been cast onto Yemen, one of the world’s poorest countries. Whilst Amnesty International acknowledges the threat posed by terrorism activity in the region, it remains concerned that the Yemeni government’s response to this, and the conflict in Sa’da has been ‘repressive’ and international human rights standards have been contravened, including the prohibition of torture and ill-treatment.

Yemeni security forces have claimed responsibility for killing and detaining those suspected on involvement in terrorist activity and their family members. Malcom Smart, Amnesty International’s Director Middle East and North Africa said “The government has resorted to increasingly repressive methods to counter this opposition, including waves of arrests, incommunicado detention and unlawful killings,”

However, the vast majority of human rights abuses are taking place between government forces and the Huthis, armed rebels from the Zaidi Shi’, a minority who are from the north of the country, and the separatist movement in the south.

The UN’s High Commissioner for Refugees has reported that both sides have allegedly been responsible for killing civilians, including women and children. The UN agency also believes that more than 200, 000 people have been forcibly displaced due to the conflict. The Yemeni government has prevented aid agencies from distributing much needed supplies by sealing off the area. This has also led to a lack of independent reports from journalists and observers concerning the conflict reaching international media. Reports of Yemeni authorities storming newspaper offices and preventing the distribution of printed media have also surfaced.

People who are critical of the Government, including journalists and protestors have been arrested and arbitrarily detained and subject to strict incommunicado. A number of critics have been detained by government authorities and have been considered by Amnesty International as prisoners of conscience. Peaceful protestors who were arrested in May of 2009 in south-eastern Yemen report that they were handcuffed by their wrists to fixed bars and were suspended from them for several hours. Others report that they were repeatedly teargassed, subjected to beatings with sticks, punched and kicked.

Several hundred people have reportedly been subjected to enforced disappearance and government authorities refuse to elaborate on the conditions under which they are being held. Torture, cruel, inhuman and degrading treatment have been alleged during interrogations. In addition, dozens have been sentenced to death under a system which does not comply with internationally recognised fair trial standards.

Yemeni Guantanamo Detainees

There remains concern for the 90 Yemeni detainees who remain illegally detained in Guantanamo Bay. Over half of the detainees in Guantanamo are from Yemen. In response to the events of Christmas day, President Obama ordered that no more detainees be repatriated to Yemen, even if they had already been cleared for release. Amnesty International believes that those detainees who have been cleared for release should be immediately taken to a country where they are not at risk of torture or persecution. After the return of Salim Hamdan in 2008 to Yemen, Mr Hamdan was detained incommunicado for a week by the governments security force ‘Political Security’. The same situation occurred when six detainees were released in 2009.

Yemen’s Human Rights Record

Rights were set out under the Yemeni constitution and a Ministry for Human Rights was created in 2003. In the past, this has allowed general criticism of government policy and allowed access to non-government agencies into the country. However, institutions have undergone changes which have ‘seriously eroded the human rights framework. The government created a new security force in 2002 called 'National Security' which, like its counterpart 'Political Security' reports directly to the President and is not subject to judicial oversight.

Past and drafted counter terrorism laws are also of concern to Amnesty International and independent legal observers. The definition of ‘terrorist action’ is extremely vague and sweeping, and puts at risk lawful, peaceful protests. The legislation also expands the number of offences punishable by the death and it being subject to juveniles, which Amnesty International believes is contrary to human rights principles.

Amnesty is particularly concerned with Yemen’s failure to attend the UN’s Committee Against Torture’s periodic report in 2009 which concluded that the ‘practice of torture and ill treatment’ is ‘widespread’.

Yemen is a party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention against Torture, Cruel, Inhuman and Degrading Treatment and Punishment.

Download the report Yemen: Security and Human Rights