Yemen Prison Law

Adopted in 1996, this law is the governing legal framework of the prison system in Yemen. Subsequent amendments were adopted in 2002.

This law correlates with the overall goal of human rights, and subsequently, child rights in detention settings. Enforcing laws, such as detention as per court order, prevents arbitrary detention of children, while gender/age segregation/classification in jail aims to protect children against abuse/exploitation. This law also regulates the use of force in detention, protecting children against violence instigated by law enforcement. Specific articles regarding special needs of pregnant and breastfeeding women in prison have a child safeguarding effect on infant children and their caregivers. Granting detainees health and education rights falls under the umbrella of adequate response and prevention measures.

This law is composed of 45 articles (in addition to 2 amendments), divided into 12 chapters according to the following themes:

1. Key terms/definitions (Chapter 1): Identifies key terminologies and definitions in relation to the prison system, such as the definition of prisoner/inmate, prison guard, and jail/prison.
2. General provisions/regulations (Chapter 2): Outlines rules, roles and responsibilities related to the prison system and correctional facilities both internationally, and in relation to the justice system.
3. Prisoner admission and release system (Chapter 3): Details systems of operations in terms of admission, release, and prison transfers.
4. Prisoners’ rights and classifications (Chapter 4, 5, 6, 7): Highlights the rules and the parameters of prisoners’ rights in terms of education, religious practice, health care, and family contacts, along with prisoners’ classifications (risk categories/factors and gender/age/disability considerations), as well as rights, regulations, and vocational training.
5. Disciplinary measures and the death penalty (Chapter 8, 9): Details disciplinary actions in relation to prisoner misconduct and breach of prison laws/regulations. Also details provisions around the death penalty, including sentencing, handling, and implementing the execution of prisoners sentenced to death (for example, the President of Yemen is required to corroborate all death penalties).
6. Internal prison administrations and legal frameworks (Chapter 10, 11, 12): Details internal prison regulations, as well as law enforcement and staff roles, including use of force in instances of riots. Also addresses violations of prison regulations (for example, smuggling items into prisons).

Regarding implementation, Yemen’s legal system faced severe challenges even prior to the outbreak of the 2015 conflict. After the 2015 conflict escalated, the unstable legal system has been negatively impacted, which was led to lower capacity and the absence of enforcement entities. The multiplication of military actors, and rise of non-state actors across the country, fueled the weaponization of the prison system, undermining or completely diminishing the efficacy of pre-set laws and intended goals of domestic legal frameworks.