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

Rights	Provisions
Right Against Unlawful Arrests, Searches and Seizures	Art. 47 Yemen Constitution: Criminal liability is personal. No crime or punishment shall be undertaken without a provision in the Sharia or the law. […] Art. 48 Yemen Constitution: (a) […] The law shall define the cases in which citizens freedom may be restricted. Personal freedom cannot be restricted without the decision of a competent court of law. […] (b) No individual can be arrested, searched or detained unless caught in the act (in flagrant delicto) or served with a summons from a judge or the Public Prosecutor, which is necessary for the progress of an investigation or the maintenance of security. No person can be put under surveillance unless in accordance with the law. Any person whose freedom is restricted in any way must have his dignity protected. […] No person may be imprisoned or detained in places other than those designated as such and governed by the law of prisons. […] (d) Upon arrest, for whatever reason, a person may immediately contact someone of his choice. […] If the nominated person cannot be notified, the detainee's relative or concerned persons shall be notified. Art. 52 Constitution: Residences, places of worship, and educational institutions have a sanctity which may not be violated through surveillance or search except in the cases stipulated by the law. Art 7 CCP: (1) Arrests may not be made except in connection with acts punishable by law; must be based on due process of law. (2) The General Prosecution shall immediately release any person whose freedom has been restricted in violation of this law or who has been placed under provisional arrest beyond the period authorized by the law, or by sentence or by a judge’s order. Art 13 CCP: Anyone who is aware of any person having been arrested without any legal justification or in a place that is not set up for such arrests, shall immediately inform the General Prosecution thereof. The member of the General Prosecution shall immediately release the detainee without any justifiable cause. If the arrest is under due process of Law then he shall be moved to one of the penal institutions. In all cases, report shall be written of the measures that are taken. Art 70 CCP (see Arrest Section)
Right Against Unlawful Detention	Art. 48 Yemen Constitution: (a) See unlawful arrest (b) See unlawful arrest section (c) Any person temporarily apprehended on suspicion of committing a crime shall be presented in front of a court within a maximum of 24 hours from the time of his detention. The judge or Public Prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defence and rebuttals. The court then gives a justified order for the release of the accused or for the extension of his detention. In any cases, the Prosecutor is not entitled to continue detention of the accused individual more than seven days except with a judicial order. The law shall define the maximum period of custody. (d) Upon arrest, for whatever reason, a person may immediately contact someone of his choice. The same notification shall be repeated whenever a court orders the continuation of the detention. If the nominated person can not be notified, the detainee's relative or concerned persons shall be notified. Art 7(2) CCP: The General Prosecution shall immediately release any person whose freedom has been restricted in violation of this law or who has been placed under provisional arrest beyond the period authorized by the law, or by sentence or by a judge’s order.
Right Not to be Tortured or Ill-Treated	Art 48 Yemen Constitution: (b) […] Physical and psychological torture is prohibited. […] Physical punishment and inhumane treatment during arrest, detention or imprisonment are prohibited. (e) […] Physical or psychological torture at the time of arrest, detention or jail is a crime that cannot be prescribable. All those who practice, order, or participate in executing, physical or psychological torture shall be punished. Art. 6 CCP: The torture of any person convicted or charged is prohibited, as well as inhumane treatment, or cause of bodily harm, or harm to morale, for the sake of obtaining an admission of guilt; any statement proven to have been committed by the accused, or any witnesses, under duress through any of these acts, shall be annulled and will not be relied upon accordingly. Art 71 CCP (see arrest section)
Right to Medical Care	Art. 55 Yemen Constitution: Health care is a right for all citizens. The state shall guarantee this by building various hospitals and health establishments and expanding their care. The law shall organize the medical profession. The expansion of free health services and health education among the citizens.
Right to be Informed of Charges	Art. 48 Yemen Constitution (c) […] The judge or Public Prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defence and rebuttals. […] Art 73 CCP: The person being arrested shall immediately be informed of the reasons for the arrest; he is entitled to look at the order for his arrest and he has the right to contact anyone he feels he shall notify of the case; he is also entitled to seek the assistance of an attorney. He shall also be quickly notified of the charge he is confronted with, accordingly.
Right to Presumption of Innocence	Art. 47 Yemen Constitution: (…) The accused is innocent until proven guilty by a final judicial sentence (…). Art 4 CCP: A suspect person is innocent until his indictment is proven; any doubts are to be interpreted in favor of the accused; no punishment may be ruled except after a trial executed in accordance with this law, ensuring the right to defence is upheld. Art 71 CCP (See arrest section)
Right Against Self-Incrimination	Art. 48 Yemen Constitution: (b) […] Forcing confessions during investigations is forbidden. The person whose freedom is restricted has the right not to answer any questions in the absence of his lawyer. […] Art 178 CCP: The suspect may not be sworn in the legal oath, nor may he be compelled to respond to a question, nor shall his refusal to answer be considered as evidence against him proving his indictment; no form of deceit or use of force or pressure by any manner of temptation or compulsion to get him to confess.
Right to Counsel and Effective Assistance	Art. 49 Yemen Constitution: The right to defend oneself in person or by representation is guaranteed during all periods of investigation and in front of all courts, in accordance with the rules of the law. The state shall guarantee judicial assistance to those who cannot afford it, according to the law. Art 9(1) CCP: The right of defence 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 and hard pressed 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. Art 9(2) CCP: The Judicial Enforcement Officers, the General Prosecution and the Courts must notify the defendant or his rights with regards to charges he is confronted with and the methods of proof [of his innocence] available to him and shall all work to safeguard his personal and financial rights.
Right to Present a Defense	Art. 48 Yemen Constitution (c) Any person temporarily apprehended on suspicion of committing a crime shall be presented in front of a court within a maximum of 24 hours from the time of his detention. The judge or Public Prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defence and rebuttals. Art 49 Yemen Constitution: see right to counsel.
Right to Equal Protection of the Laws	Art. 41 Yemen Constitution: General guarantees of equality Citizens are all equal in rights and duties. Art. 5 CCP: All the citizens are equal before the law; no person may be pursued, or subjected to any damages due to nationality, race, origin, language, religious belief, occupation, educational level or social standing. Art 324 CCP: All the Parties in a case are equal in the rights and responsibilities, including the defendant, the representative of the defense, the civil plaintiff and the liable civil defendant. They all have the right to present evidence, to discuss it and to request that experts examine it after the approval of the Court accordingly.
Right to Bail	Art. 82 CCP: The order for arrest may state that the suspect may be set free if he signs an undertaking to attend [i.e. to be summoned] which shall be attached to a bond if so specified in the order for the arrest, or without a bond. The detaining officer must release the suspect if the conditions, as such, are met by him, and shall submit the undertaking with the bond to the official ordering the arrest. Similar to the right to bail, but with nuances. The process allows for release based on - An undertaking: the suspect’s promise to comply. A formal commitment to appear in court or follow the legal process. - A bond: This may or may not be accompanied by- if specified- a financial or other form of guarantee required alongside the undertaking.'' Art. 83 CCP: If the order for the arrest does not state that the suspect may be released then the officer carrying out the order must bring the suspect to the official ordering the arrest immediately without any delay.
Right Against Ex Post Facto Prosecution	Art. 47 Yemen Constitution: Criminal liability is personal. No crime or punishment shall be undertaken without a provision in the Sharia or the law. The accused is innocent until proven guilty by a final judicial sentence, and no law may be enacted to put a person to trial for acts committed retroactively. Art. 104 Yemen Constitution: Protection from ex post facto laws Laws shall only apply to cases occurring after they become operative. No laws may be applied in a retroactive manner. However, in manners other than taxes and penal measures, specific stipulations in the law may determine otherwise. In such case, the approval of two thirds majority is needed in the House of Representatives.
Right Against Double Jeopardy	Yemen is a party to the International Covenant on Civil and Political Rights (ICCPR), which enshrines the right against double jeopardy under Article 14(7): "No one shall be liable to be tried or punished again for an offense for which they have already been finally convicted or acquitted in accordance with the law and penal procedure of each country." Yemen's adherence to the ICCPR reinforces the domestic application of this principle.
Right to a Fair Trial	Independence of the Judiciary: Art. 149 Yemen Constitution The Judiciary authority is an autonomous authority in its judicial, financial and administrative aspects and the General Prosecution is one of its sub-bodies. (…) The judges are independent and not subject to any authority, except the law. No other body may interfere in any way in the affairs and procedures of justice. Such interference shall be considered a crime that must be punished by law (…). Right to a public trial: Art. 154 Yemen Constitution Court sittings are open to the public unless a court determines, for reasons of security or general morals, to hold sessions behind closed doors. In all cases, verdicts are announced in an open session. Yemen is a party to the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair trial under Article 14. This commitment influences Yemen's legal framework to uphold international standards. “(1) All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law […]”
Right to Habeas Corpus	Art. 48 (c) Yemen Constitution: Any person temporarily apprehended on suspicion of committing a crime shall be presented in front of a court within a maximum of 24 hours from the time of his detention. The judge or Public Prosecutor shall inform the detained individual of the reason for his detention and questioning and shall enable the accused to state his defence and rebuttals.
Capital Punishment	Provisions on Punishments can be found in Part Two of Penal Code: Enacted as Law No. 12 of 1994 Art. 38 Penal Code lists the 11 Original Punishments: 1) Capital punishment: execution [killing] through a religiously ordained punishment, Retribution [qisas] in Kind, or for slandering purposes (Tazir). 2) Stoning until death. 3) Amputation as a religiously ordained punishment. 4) Retribution [qisas] for Other Than Murder. 5) Flagellation as a religiously ordained punishment. 6) Imprisonment. 7) Blood Money. 8) Liable Injuries (Arche). 9) Fines. 10) Crucifixion in the cases stipulated by Law. 11) Compulsory Labor. - Tazir: punishment determined by the court for committing crimes less than killing. - Arche: money due in a crime against something less than the soul, determined by the judges For the procedure on the execution of the Death Sentence, [Religiously Prescribed] Punishments and retribution Sentences see Volume 5, Book 2 of Code of Criminal Procedure: Enacted as Law No. 13 1994
Right to Appeal	Art. 411 CCP: establishes the right to appeal for all parties. Every ruling or decision can be appealed unless the Law specifically stipulates that it may not be appealed. Only those concerned or who have a stake in the appeal may present an appeal. For all the provisions on ways to Appeal see Volume 4 CCP

Means of Protecting and Enforcing Rights

EXCLUSIONARY RULE:
Ch. 4 Section 2 on Evidence, CCP:

Art. 321 CCP: No conviction unless it is based on evidence and requirement of persuasion and evidence integration.
The appreciation of the evidence shall be according to the persuasion of the Court, in light of the concept of the integration of the evidence, as there is no evidence that enjoys the strength of evidence in advance of persuasion thereof. The burden of proof of any occurrence lies on the plaintiff, unless stipulated by Law otherwise.

Art 322 CCP: No occurrence that results in any penal accountability on any person except by means of lawfully admissible evidence and only through measures set by Law accordingly.

Art. 323 CCP: Specific list of admissible evidence.

Art 324 CCP: equality of rights and procedural safeguards.

Art 325 CCP: role of the court in safeguarding evidence admission.
The Court must respond to the requests related to proof of the facts that are developing for them, as long as the evidence requiring proof helps to reveal the truth.

NULLITY OF PROCEDURE:
Chapter 8 CCP: Nullification

Art. 396 CCP: All measures that are in violation of this Law are null if the Law clearly specifies its nullification as such or if the procedure is violated or ignored.

Art. 397 CCP: Nullity due to major procedural errors or general order violations.

Art. 398 CCP: Waiver of nullity in the presence of legal representation.

Art 399 CCP: Bar on nullity claims by the Party Responsible for the nullity.

Art 400 CCP: Void summons and litigant’s right to Defense preparations.

Art 401 CCP: Authority to correct nullified procedures.

Art 402 CCP: Effects and correction of nullified procedures.

Art 403 CCP: Validity of rulings despite prior procedural nullities.

Art. 404 CCP: Correction of material errors in Court rulings.

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Yemen’s “Criminal Procedure Law No. 13 of 1994” outlines the judicial process for criminal cases, covering pretrial investigation, trial proceedings, sentencing, and appeal mechanisms. The framework incorporates both statutory law and principles of Islamic Sharia law.

PRE TRIAL(Volume 2 CCP) other important Articles:

Investigation and Arrest: The General Prosecution oversees investigations and prosecutes cases. Law enforcement officials must present suspects before the prosecution within 24 hours of arrest (Art. 76 CCP).

Detention Requirements: Pretrial detention is permissible only with judicial approval. Prolonged detention without trial is subject to limits set in the law (Art. 48(c) Yemen Constitution).

Rights of the Accused: Defendants have the right to remain silent, to be informed of charges promptly (Art. 73 CCP), and to appoint legal counsel (Art 9(1) CCP). Legal aid is available for those unable to afford representation.

TRIAL PROCEDURES (Volume 3 CCP); other important Articles:

Court Jurisdiction: Cases are heard in courts of first instance, which have jurisdiction over criminal matters (Art 231 CCP). The trial must be public unless national security or public order necessitates confidentiality (Art. 154 Yemen Constitution).

Due Process: All the parties in a case are equal in the rights and responsibilities. Defendants are entitled to cross-examine witnesses, present evidence, and have adequate time for defense preparation (Art. 324 CCP). Judges act as neutral arbiters and must base rulings on evidence presented during the trial. (Art. 321 CCP)

SENTENCING (Vol. 3, Chapter 5) other important Articles:

Criminal Penalties: Sentences must align with statutory law and Sharia principles (Art. 3 Constitution). These include imprisonment, fines, corporal punishment, or the death penalty for serious crimes such as murder and adultery. Sentencing must reflect the severity of the crime and intent of the offender. (Volume 5 CPP on execution of rulings)

Art. 372 CCP: the ruling shall include all the reasons on which the ruling is based upon.

APPEALS(Volume 4 CCP) other important Articles:

Right to Appeal: The General Prosecution, defendant, personal plaintiff; civil rights claimant; the person liable therefore may appeal rulings issued on crimes from the Primary Courts. (art. 417 CCP). Appeals are heard in “Appeals Courts”, which review the legality and merits of the lower court’s decision (Art 232 CCP).

Art. 373 CCP: If the ruling in the court of first instance is subject to appeal, the Judge must notify the defendant that he has the right to appeal and the period in which he can do so.

Supreme Court Review: The Supreme Court serves as the highest appellate body, reviewing appeals on legal or procedural grounds (Art 233 CCP).

Rights in Prison

Yemen’s Prison Authority Act and Prison Act (the laws) focuses on rehabilitating prisoners and preserving their rights and provide a strong basis for prison management; the laws’ key weakness is lack of implementation and enforcement. Specifically, the laws provide for classification of prisoners and staff to ensure appropriate security and accommodation for different groups of prisoners.

Resources

Legal Codes and Constitution:

Penal Code Yemen: Republican Decree - By Law No. 12 for 1994, Concerning Crimes and Penalties.

Code of Criminal Procedure: Republican Decree - By Law No. 13 For 1994 Concerning the Criminal Procedures

Constitution: 1991 Constitution (amended by 2001 referendum) (https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/29413/YEM29413%20(2001%20amendment).pdf).
- 2015 Draft Constitution (partially accepted, not in force): (https://www.constituteproject.org/constitution/Yemen_2015).

Research Papers and Analysis:

Prisons in Yemen, by Mangan and Gaston. Published by the U.S. Institute of Peace. (https://www.usip.org/publications/2015/03/prisons-yemen)
- Summary: (https://justrac.org/prisons-in-yemen-2/)

State and Non-State Justice in Yemen, by Lisa Al-Zwaini. Published by the U.S. Institute of Peace. (https://www.usip.org/sites/default/files/ROL/al_zwaini_paper.pdf).

Yemen Legal System Overview, by “Proelium Law.” (https://proeliumlaw.com/yemen-legal-country-profile/#:~:text=Yemen%20Legal%20System%20Overview,%2C%20in%20reality%2C%20in%20flux.)

"Yemen." Encyclopaedia Britannica, Encyclopaedia Britannica, https://www.britannica.com/place/Yemen. Accessed [17/02/2025].

Reports and Human Rights Documentation:

General report on Yemen, by Amnesty International (https://www.amnesty.org/en/location/middle-east-and-north-africa/middle-east/yemen/report- yemen/).
- Recent update (September 2023) on the unfair trial of human rights defender Fatma al-Arwali: (https://www.amnesty.org/en/latest/news/2023/09/yemen-end-unfair-trial-against-human-rights-defender-fatma-al-arwali/).

2023 Country Reports on Human Rights Practices: Yemen, Published by the U.S. Department of State. (https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/yemen/).

Conflict in Yemen and the Red Sea, Published by Global Conflict Tracker. (https://www.cfr.org/global-conflict-tracker/conflict/war-yemen).