Yemen

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Legal Resources for Andorra 1991 Constitution (amended by 2001 referendum) E-Learning Resources eLearning Courses for Criminal Defense lawyers

Background

Yemen is a country situated at the southwestern corner of the Arabian Peninsula. The people speak various dialects of Arabic and are mostly Muslims.
The history, culture, economy, and population of Yemen have all been influenced by the country’s strategic location at the southern entrance of the Red Sea—a crossroads of both ancient and modern trade and communications routes.

The present Republic of Yemen came into being in May 1990, when the Yemen Arab Republic (North Yemen) merged with the People’s Democratic Republic of Yemen (South Yemen). By stipulation of the unification agreement, Sanaa, formerly the capital of North Yemen, functions as the political capital of the country, while Aden, formerly the capital of South Yemen, functions as the economic centre.
The two components of Yemen underwent strikingly different histories: whereas North Yemen never experienced any period of colonial administration at the hands of a European power, South Yemen was a part of the British Empire from 1839 to 1967. The contemporary borders are largely a product of the foreign policy goals and actions of Britain, the Ottoman Empire, and Saudi Arabia.

Post-unification Yemen has been burdened by chronic corruption and economic hardship. Divisions based on religion, tribalism, and geography continue to play an important role in Yemeni politics, sometimes leading to violence.

Quick Facts:

Head Of Government: Prime Minister Ahmed Awad bin Mubarak

Head Of State: Chair of the Presidential Leadership Council Rashad al-Alimi

Capital: Sanaa

Population: (2025 est.) 34,355,000

The Legal system

The Yemeni legal system is a complex mixed system, practicing civil law and blending Islamic law (Sharia) and Egyptian laws, as well as customary/tribal law. International principles also play a role, in different proportions depending on the legal field.
The Constitution is supreme. The Constitution in force is the 1991 Constitution amended in 2001 via a public Referendum (see point 1(d)).
Within Yemeni law textual ambiguities and omissions exist, which leaves room for other (informal) norms to 'intrude'. The rule of law is highly geographically dependent. Arbitrary arrests and abuse of power by law enforcement officials occur across the country, with extra-judicial detention centres being reported in Houthi territory. In much of rural Yemen customary tribal law is resorted to, with cases settled by tribal elites.

Legal Aid

State Sponsored legal aid

Art 49 Constitution 1991: (…) the state shall guarantee judicial assistance to those who cannot afford it, according to the law.

Art 9(1) CCP: The right of defense is guaranteed, and the accused is entitled to carry on his own defense, as well as he is entitled to be assisted by a representative to defend him, in any of the stages of the procedures of handling criminal cases, including the investigation period.
The government must provide for the poor a defense lawyer from the accredited lawyers.
The Council of Ministers, based on the recommendations of the Minister of Justice shall issue procedural rules for the regulation of the provision of defense lawyers for the poor and misfortunate.

Source of Defendants Rights

NATIONAL SOURCES OF DEFENDANT'S RIGHTS

Yemen’s Constitution 1991 (amended in 2001):
The Constitution in force is the 1991 Constitution amended in 2001 via a public Referendum. In 2015, a draft for a new Constitution was prepared, but it has not been ratified or implemented due to ongoing political challenges. As such, currently the 2001 Constitution remains the de facto supreme law.
The role of Islam in the Yemeni legal system is clearly defined in both texts (art. 160): Islam is the state religion and Islamic Sharia is defined as the source of legislation. Article 149 of the current Constitution defines the independence of the judiciary and its autonomous nature.
In practice however, the judiciary faces serious problems over its independence, and judicial corruption is widespread.

Articles to be noted:

- Art. 39: duties of the police force. - Art. 40: restrictions on the armed forces. - Art. 41: general guarantee of equality. - Art. 45 - 46: extradition procedure. - Art. 47: presumption of innocence + no crime or punishment without a provision in the Sharia or the law. + no retroactivity. - Art. 48: human dignity + prohibition of corporal punishment + attorney general/ protection from unjustified restraint (presented in front of a court within max 24 h) + duty to inform + enable defence and rebuttals. + justified order + maximum period of custody established by law. + notification of a person of choice upon arrest and after court apparition. + Protection from false imprisonment + prohibition of torture. - Art. 49: right to counsel + legal aid. - Art. 50: principle of no punishment without law. - Art. 51: right of petition. - Art. 52: right to privacy. - Art. 149: Independence of the judiciary. - Art. 154: right to a public trial.

Code of Criminal Procedure: Republican Decree - By Law No. 13 For 1994 Concerning the Criminal Procedures
This code outlines the procedures for criminal prosecutions, including the rights of the accused, investigation protocols, trial processes, and enforcement of judgments.

Penal Code: Republican Decree - By Law No. 12 for 1994, Concerning Crimes and Penalties.
This code defines criminal offenses and prescribes corresponding penalties. It defines the scope of punishment for a range of offenses; These can include capital punishment for Islamic hudûd offenses, such as apostasy and Murder with intent, although this rarely occurs.

INTERNATIONAL SOURCES OF DEFENDANT'S RIGHTS

Art. 6 Yemen Constitution confirms its adherence to the UN Charter, the International Declaration of Human Rights, the Charter of the Arab League, and Principles of international Law which are generally recognized.

Yemen is also a member of a number of international organisations including the Organisation of Islamic Cooperation, World Health Organisation and the International Centre for the Settlement of Investment Disputes.

Yemen is a party to the International Covenant on Civil and Political Rights (ICCPR)

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Nullity of Procedure:

Civil Actions:

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Pre-Trial:

Oral Trial:

Sentencing:

Appeals

Rights in Prison

Resources