Laws and Judicial Practices to Protect Children from Crime in Yemen

Hebah Mohammed – Sawt Al-Amal (Voice of Hope)

In a time of conflict and turmoil, children in Yemen are facing countless dangers instead of feeling safe and protected. These innocent souls are forced to confront the perils of poverty, marginalization, and being drawn into crime. But is Yemen’s criminal justice system responding to these challenges?

This report delves into these pressing issues, shedding light on the gaps and shortcomings in the existing legal framework. It does so by reviewing relevant legislation, analyzing judicial practices on the ground, and assessing the effectiveness of the justice system in protecting vulnerable children, as well as the challenges facing this system.

Children: Victims, not Criminals

Legal advisor Abdul-Rahman Al-Zabib states, “Children are not criminals, they are victims. If a child commits a crime, they are not considered a criminal but a victim of neglect, incitement to crime, or a lack of awareness. This is how Yemeni law deals with children.”

He adds, “Yemeni law divides children into specific age groups. The first stage is up to seven years old, during which the child bears no responsibility. As the child ages, responsibility increases, and in the final stage, responsibility is diminished, as the child is punished with half the prescribed penalty. In cases of premeditated murder, the death penalty is not imposed, but rather blood money.”

He continues, “Regarding Yemeni laws regulating child rights, there is Law No. 45 of 2002 concerning child rights, as well as the Law on the Care of Minors issued by Republican Decree No. 24 of 1992 and its amendments. These laws include legal procedures and measures to protect child rights and ensure their care.”

Al-Zabib clarified that child rights and juvenile care laws are crucial for protecting children, whether they are in contact with the law or not. These laws focus on safeguarding children’s various rights, including the right to support, health, education, and other fundamental rights.

He also mentioned that one of the important points stipulated in these laws is that children should not be investigated or tried unless they have a lawyer representing them and protecting their rights. This ensures that a qualified person is present to defend the child’s rights and prevent their rights from being violated during legal proceedings.

He continues, “Places where children who come into contact with the law and are involved in certain crimes are placed are care homes, not prisons. These facilities aim to provide a safe and suitable environment for children, focusing on their rehabilitation and enhancing their personal and social development.”

Regarding whether there are specific public prosecutors and courts for minors, Al-Zabib clarified that there are specialized public prosecutors responsible for investigating incidents committed by minors, known as the public prosecutor’s office for minors. This public prosecutor’s office acts as an independent and specialized entity, separate from regular public prosecutors’ offices. As for courts, there are specialized courts known as juvenile courts.

He emphasized that the system of these courts differs from regular courts. Social and psychological motives behind the crime are taken into consideration and addressed in the course of handling juvenile cases. According to Al-Zabib, social and psychological experts play a significant role in determining the necessary measures to be taken, and the real perpetrator of the crime and those who have an interest in it are investigated.

Child and Juvenile Rights in Yemeni Law

Waddhah Abdallah Al-Sabri, a lawyer for the Coordination Body for Child Rights in Ibb Governorate, says, “There are many laws that regulate child rights and govern child court proceedings. Lawyers and judges must rely heavily on these laws. Among these laws, we should mention the Child Rights Law, the Juvenile Care Law, the Criminal Procedure Law, the Crimes and Punishments Law, and the Yemeni Constitution.”

He adds, “Also, the Personal Status and Civil Registry Law, including Article (4), paragraph (1), the Convention on the Rights of the Child ratified by the Republic of Yemen, the Prison Service Law, and United Nations Charters, including the International Covenant on Civil and Political Rights.”

When asked about the type of laws actually used, he says, “In reality, we find that we don’t benefit from or rely on all these laws, whether by the child or juvenile’s lawyer or by the judiciary during trials and sentencing. We only rely on some of these laws, particularly the Criminal Procedure Law and the Juvenile Care Law.”

Lawyer Walid Al-Athwari joins the discussion, saying, “Article (42) of the Juvenile Care Law clearly states that publishing the names or images of juvenile children, as well as publishing the details of the trial or its summary, is strictly prohibited, whether in print, electronic, or any other means used for publication. This prohibition protects the privacy of juveniles and ensures the confidentiality of legal proceedings taken against them.”

He continues, “Article (45) states that anyone who conceals a juvenile who has been ordered to be handed over to a person or entity, according to the provisions of this law, or causes them to flee or aids them in doing so, will be punished with imprisonment for a period not exceeding one year, or a fine not exceeding ten thousand riyals – excluding parents and grandparents. The same penalty will be imposed on anyone who violates the provisions of Article (42).”

The Extent of Law Implementation in Reality

Protecting children’s rights and preventing them from breaking the law is super important in building a fair and sustainable society. However, reality throws some challenges when it comes to enforcing child rights and juvenile care laws properly.

Legal advisor Al-Zabib stressed that there’s a weakness in implementing these laws, which leads to a lack of protection for children and a failure to punish violators appropriately. He added that many governorates and districts complain about a lack of resources needed to activate juvenile courts according to the provisions of the Juvenile Care Law.

On the other hand, when it comes to strengthening the implementation of these laws, he says, “Positive efforts are being made to strengthen the implementation of laws protecting children. At the forefront of these efforts is the Technical Committee for Child Justice, which includes all relevant parties in this field. The activities and projects of the Technical Committee for Child Justice are funded by UNICEF.”

Sabri mentioned that the protection of children’s rights in Yemen is achieved through the efforts of lawyers who represent them before the judicial authorities and defend their rights, as well as by judges who issue rulings that apply these provisions and protect children’s rights. These judicial teams work together and coordinate to ensure that justice is served for children and that they are protected in Yemeni society.

The Legal Distinction Between Children and Juveniles

Regarding the legal differences between a child and a juvenile, Sabri says, “It’s important to note that Yemeni lawmakers have distinguished between the concepts of ‘child’ and ‘juvenile’ and have established a separate law for each. Article (2) of the Child Rights Law defines each as follows: A child is any human being under the age of eighteen years, unless they reach puberty before that age, while a juvenile is any child who has reached the age of seven years and has not reached puberty.”

He continues, “Article (2) of the Juvenile Care Law defines a juvenile as any person who has not reached the full age of fifteen years at the time of committing a legally criminal act or when they are in one of the situations of exposure to delinquency. It is worth noting that this definition differs from many legislations in other countries and is not consistent with the International Convention on the Rights of the Child, which the Republic of Yemen has signed.”

He pointed out that this distinction has led to ramifications in the judicial system. In each governorate, a specific court is assigned to handle juvenile cases. However, children in the age group of fifteen to eighteen are tried in ordinary courts with adults who have crossed the age of childhood and are imprisoned with them.

The Role of Juvenile Detention Centers in Ibb Governorate

Colonel Ghamdan Abu Dhaiba, director of Family Protection in Ibb Governorate, said, “Children are the most important segment of society, as they are the present and the future. Some laws protect children in juvenile care and they have a special court. Children’s cases follow specific procedures, just like any other case. If a child is incited to commit a crime, the inciter is imprisoned for no more than one or three years.”

He continued, “Although there are no accurate statistics on juvenile children in Yemen, the prevalence of crimes among them is widespread and diverse, with different behaviors, including drug use, theft, and murder, with an estimated rate of 70%. I cannot provide specific figures on the number of children in juvenile detention centers in Yemen.”

He also stated that in the juvenile detention center in Ibb Governorate, there are between 17 and 20 juveniles. However, this doesn’t mean that all unhealthy behaviors lead to children being referred to the center. Some behaviors are practiced outside of the relevant authorities, and some children may be exploited by individuals. According to the latest statistics, there are 34 children in pre-trial detention in Ibb Governorate.

Regarding the most prevalent phenomena among children in Ibb Governorate, Abu Dhaiba pointed out that begging among children is a major problem. Children are forced to go out and beg. Family Protection has apprehended two cases of violence, where an older brother burned his younger brother for not giving him a specific amount of money. After the investigation, the child refused to return to his parent’s custody, and the case was referred to the juvenile court, and appropriate legal measures were taken to protect the child’s dignity.

He stressed, “Before taking legal action, society must intervene and fight against phenomena such as begging and the violation of children’s rights. Individuals should report any case to the relevant authorities, whether it involves begging, the exploitation of children by selling simple items, or other similar issues. Parents also bear the primary responsibility for monitoring their children and protecting them from ideological invasion that comes through video games and modern technology.”

He added, “When the relevant authorities apprehended cases of begging recently, the issue sometimes turned into child labor, and children were forced to roam the streets and sell simple items. However, the challenge persists, and the problem of begging continues.”

The Legal System for Children

The legal system for children is a bit different because they are still developing and might not understand their rights as well as adults. The regular justice system can actually harm children, so laws need to protect them specifically. This is because they are minors and need special consideration, says lawyer Al-Sabri.

He goes on to say, “The law recognizes that children have less responsibility when it comes to crimes. This means that the punishment they get could be reduced if they committed a crime while young, or they might not even get traditional punishment but get help to fix their behavior instead. There are also special rules for how they are investigated and tried.”

Children’s Rights in Court

When it comes to children’s rights in court, both Al-Athwari and Al-Sabri agree that international laws and agreements are important. Children need these rights protected in court: “A specialized court for children, privacy during their trials, keeping court sessions secret, making sure people who care about the child are involved, doing what’s best for the child, prioritizing children’s cases, having a lawyer for the child, and using solutions that don’t involve punishment.”

The Challenges

Challenges to making these laws work exist, says Al-Sabri, like people not knowing about the child rights law, or not understanding the difference between a child and a juvenile. This is partly because these laws aren’t taught in law schools.

He adds, “Lack of funding to create specialized facilities like shelters for girls, and no system for registering children and giving them birth certificates make it hard to deal with child cases. This is especially true in murder cases because judges have to rely on medical reports to figure out the child’s age if there’s no birth certificate. Unfortunately, these reports are not as accurate as birth certificates, and most of these so-called forensic doctors aren’t actually specialists.”