Legal Resources for Andorra
- 1991 Constitution (amended by 2001 referendum)[1]
E-Learning Resources
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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
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).
