Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits torture and other such abuses. Although the law lacks a comprehensive definition of torture, there are provisions allowing prison terms of up to 10 years for acts of torture.
The UN and human rights organizations continued to report that torture and other forms of mistreatment were common in ROYG-, Houthi-, and Emirati-controlled detention facilities. The UN Group of Experts reported abuses in detention included sexual violence, prolonged solitary confinement, electric shock, burning, and other forms of torture (see section 1.g., Abuses in Internal Conflict.).
According to the July report by the Mwatana Organization for Human Rights, from May 2016 to April, the ROYG was responsible for 65 incidents of torture; the Houthis were responsible for 138 incidents of torture, including 27 deaths in detention centers; and UAE forces and UAE-aligned armed groups, including the STC, were responsible for 141 incidents of torture, including 25 deaths in detention centers. In June gunmen, allegedly from a ROYG-appointed brigade, reportedly stormed the house in Ta’iz of ROYG Colonel Abdul Hakim al-Jabzi, the Operations Commander of the 35th Brigade, and kidnapped and tortured his son Aseel to death before throwing Aseel’s body on a road. The motive was reportedly an internal political dispute.
According to several reports in August by Ma’rib-based Erada Organization against Torture and Forced Disappearance, Houthi militia forces in al-Bayda captured, tortured, and killed a ROYG soldier, Abdul Hafidh Abd al-Rab al-Tahiri. On August 25, Erada reported that Houthis in Dhammar captured Ahmed Ali al-Saqhani, a ROYG soldier, and tortured him to death while in detention.
Impunity remained a significant problem in the security forces. Civilian control of security agencies continued to deteriorate as regional efforts to promote national reconciliation stalled. Exacerbating the problem of impunity, interest groups–including former president Saleh’s family and other tribal and party entities–expanded their influence over security agencies, often through unofficial channels rather than through the formal command structure.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, but the UN Group of Experts found that all parties to the conflict continued to arbitrarily arrest and detain individuals accused of crimes. Persons arrested were frequently denied their constitutional right to be charged within 24 hours. They were frequently held incommunicado for periods of time, and subjected to torture and other forms of cruel, inhuman treatment. (See section 1.c, Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; and 1.g, Abuses in Internal Conflict.) The law prohibits arrests or serving subpoenas between sundown and dawn, but local NGOs reported authorities, including but not limited to the ROYG, the Houthis, and STC, took some persons suspected of crimes from their homes at night without warrants.
According to the July report by Mwatana Organization for Human Rights, from May 2016 to April, the ROYG was responsible for 282 incidents of arbitrary or abusive detention; the Houthis were responsible for 904 cases of arbitrary or abusive detention; and UAE forces and UAE-aligned armed groups, including the STC, were responsible for 419 incidents of arbitrary or abusive detention.