Criminal Procedure Law

The Yemeni criminal procedure law is the main and comprehensive judicial framework of criminal procedures. Adopted in 1994, the law details the process of criminal proceedings in Yemen. 

The law does not explicitly refer to children in armed conflict or grave violations against children, however, this law is the foundational accountability and justice instrument in the country. The law casts a wider net on child protection and child’s rights in both criminal and conflict settings through regulating procedures and conditions on detention of minors (e.g., girls can only be searched by female laws enforcement, and there is a prohibition on inhuman treatment), and sentences/verdicts on those who commit crimes against children, both in civilian and/or military armed group settings. The law also outlines witness protection for children through facilitating alternative testimonial approaches to protect children’s identities.

The law is composed of 460 articles across four main chapters with the following themes:

1. General rules and principles (Chapter 1): Defines key terms and principles and outlines rights in the context of criminal charges (including presumption of innocence until proven guilty, as well as the right to lawyer and legal representation), also including civil claims contexts.
2. Pre-Trial procedures/tasks/principles (Chapter 2): Details pre-courts processes, such as multiple courts, special rules (for example, regarding criminals with mental illness and juveniles. Also outlines rules around gathering evidence, testimonies, and detentions. Discusses scope of work for prosecutors and law enforcement within each context.
3. Trail Procedures (Chapter 3): Establishes roles and responsibilities of each court; internal court process (public, or private trials), and order of events; and rules of evidence, verdicts, and sentences, as well as records of criminal activities.
4. Appeals (Chapter 4): Discusses general appeal rules (including those to the supreme court), as well as regulations surrounding appealing to a higher court or retrial requests.

Regarding implementation, even prior to the 2015 conflict, Yemen’s justice infrastructure suffered from a multitude of fundamental issues that include corruption and politicization of the justice system. The 2015 conflict further exacerbated these, and other, pre-existing challenges, The conflict also entailed the rise of political and non-state armed factions, resulting in a complete fragmentation of Yemen’s legal system and its associated implementation.