Young, behind bars and in peril in Yemen

“Nothing is worse than life in a Yemeni prison.”

 

The Yemen donors meeting in London this week have plenty of issues to focus on, but they should speak up about one forgotten group in Yemen – youth offenders on death row.

Last month, as I entered the special wing of Sanaa Central Prison that is reserved for Yemen’s child offenders, I heard a most beautiful sound. A young man was singing in prayer: "I tasted being an orphan through the cup of hardships - and what bitter taste did it have … I am the one who stayed awake complaining then crying - Oh God, I have no one else except you left."

His voice cracked and tears glistened on his cheeks as he evoked the call to prayer.  The 50 or so other young men crowded into the room were hushed, as if mesmerized.

I was at the prison on behalf of Human Rights Watch. I had gone there to interview some of the young people held under sentence of death for crimes they allegedly committed as children.

I noticed a full box of bread rolls that looked untouched at the entrance to the cell, although it was well past breakfast time.

The food was still there uneaten because all 77 young men imprisoned in the child offender wing had begun a hunger strike on 26 January. Days earlier, Sanaa’s court of first instance had sentenced one of their cellmates to death after convicting him of murder. The young man, Nadim Azazi, says he was only 16 at the time of the alleged crime. 

“If they kill Nadim, they will surely kill all of us,” said one youth, who is also under sentence of death, as the young men clustered around me, eager to tell me and anyone else who might be interested about the message they seek to convey to the world beyond their prison walls.

Some of these young men have not received a single visitor in years. Many said their families had rejected them the moment they were arrested, and have refused to have any further contact with them. The singer said  he had not been able to enroll in any of the school classes available at the prison because his family, who have shunned him since the day he was imprisoned, refused to bring or send his school records.

The hunger strikers ended their protest on 7 February after the office of Yemen’s president agreed to suspend the execution of Muhammed Al-Qassem, another young man who is held in Ibb central prison and was scheduled for execution on February 6. The evidence suggests that he too was still a child when the crime for which he was sentenced took place. This stay of execution represents a small but important victory in Yemen’s treatment of such cases, the prosecution deciding to postpone the execution until his age is verified.

Yemen adopted a trail-blazing legal prohibition on using the death penalty against child offenders – those under 18 at the time the crime was committed - in 1994, before most other Middle Eastern countries. In practice, however, judges often ignore that prohibition and impose death sentences on those too young who, in many cases, cannot prove their age because in Yemen most births are not adequately registered.

Three more young men face imminent execution although they are believed to have been under 18 at the time of the crimes for which they were sentenced. At least 19 others are in prison on death row awaiting possible execution.

Despite the stay of  Muhammed Al-Qassem’s execution, the day-to-day existence of the child offenders in Sanaa central prison remains the same. They occupy two rooms that housed 42 prisoners in December 2012 but just two months later accommodate almost 90. One room, in which about 40 young men live, contains 24 beds and just two toilets.

These child offenders have many needs, which they have laid out in letters to Yemeni government officials.

One of their main complaints is that the prison authorities allow them to go out into the open air for only one hour each day, when they can exercise in the prison yard. The yard is used by adult inmates during the rest of the day. The prison staff need to make more time and space for detained children free from adults who would jeopardize their safety.

They also want to be tried in juvenile rather than adult courts and to receive fair trials before judges who uphold the law and respect the prohibition on sentencing people to death for crimes committed as children.

Additionally, they want the Yemeni authorities to reconsider the excessive and unjust sentences that the courts have imposed, including cases in which they say prosecutors falsified documents to make it appear that they were over 18 at the time of the alleged crime. They want to be able to have a lawyer of their choosing to help defend them, and they want to see a medical committee established to scientifically determine the ages of alleged child offenders.

Finally, the young prisoners want to serve sentences closer to their home towns, and better living conditions in prison and an end to degrading treatment by prison guards.

Human Rights Watch, in a new report , is urging the Yemeni government to observe in practice what its own and international law both require, by reforming  its system for prosecuting child offenders and halting  executions in all of their cases.

Despite the harsh and perilous realities with which he must contend, Nadim told me that he is determined to keep fighting to overturn his sentence.  “Life here in prison is the worst,” he told me. “Nothing is worse than life in a Yemeni prison.”

Belkis Wille is the Yemen and Kuwait researcher at Human Rights Watch

Sanaa's Old City. Photograph: Getty Images
Ralph Orlowski / Getty
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Labour's investment bank plan could help fix our damaging financial system

The UK should learn from the success of a similar project in Germany.

Labour’s election manifesto has proved controversial, with the Tories and the right-wing media claiming it would take us back to the 1970s. But it contains at least one excellent idea which is certainly not out-dated and which would in fact help to address a key problem in our post-financial-crisis world.

Even setting aside the damage wrought by the 2008 crash, it’s clear the UK’s financial sector is not serving the real economy. The New Economics Foundation recently revealed that fewer than 10% of the total stock of UK bank loans are to non-financial and non-real estate businesses. The majority of their lending goes to other financial sector firms, insurance and pension funds, consumer finance, and commercial real estate.

Labour’s proposed UK Investment Bank would be a welcome antidote to a financial system that is too often damaging or simply useless. There are many successful examples of public development banks in the world’s fastest-growing economies, such as China and Korea. However, the UK can look closer to home for a suitable model: the KfW in Germany (not exactly a country known for ‘disastrous socialist policies’). With assets of over 500bn, the KfW is the world’s largest state-owned development bank when its size is measured as a percentage of GDP, and it is an institution from which the UK can draw much-needed lessons if it wishes to create a financial system more beneficial to the real economy.

Where does the money come from? Although KfW’s initial paid-up capital stems purely from public sources, it currently funds itself mainly through borrowing cheaply on the international capital markets with a federal government guarantee,  AA+ rating, and safe haven status for its public securities. With its own high ratings, the UK could easily follow this model, allowing its bank to borrow very cheaply. These activities would not add to the long-run public debt either: by definition an investment bank would invest in projects that would stimulate growth.

Aside from the obviously countercyclical role KfW played during the financial crisis, ramping up total business volume by over 40 per cent between 2007 and 2011 while UK banks became risk averse and caused a credit crunch, it also plays an important part in financing key sectors of the real economy that would otherwise have trouble accessing funds. This includes investment in research and innovation, and special programs for SMEs. Thanks to KfW, as well as an extensive network of regional and savings banks, fewer German SMEs report access to finance as a major problem than in comparator Euro area countries.

The Conservatives have talked a great deal about the need to rebalance the UK economy towards manufacturing. However, a real industrial policy needs more than just empty rhetoric: it needs finance. The KfW has historically played an important role in promoting German manufacturing, both at home and abroad, and to this day continues to provide finance to encourage the export of high-value-added German products

KfW works by on-lending most of its funds through the private banking system. This means that far from being the equivalent of a nationalisation, a public development bank can coexist without competing with the rest of the financial system. Like the UK, Germany has its share of large investment banks, some of which have caused massive instabilities. It is important to note that the establishment of a public bank would not have a negative effect on existing private banks, because in the short term, the UK will remain heavily dependent on financial services.

The main problem with Labour’s proposal is therefore not that too much of the financial sector will be publicly owned, but too little. Its proposed lending volume of £250bn over 10 years is small compared to the KfW’s total financing commitments of  750 billion over the past 10 years. Although the proposal is better than nothing, in order to be effective a public development bank will need to have sufficient scale.

Finally, although Brexit might make it marginally easier to establish the UK Investment Bank, because the country would no longer be constrained by EU State Aid Rules or the Maastricht criteria, it is worth remembering that KfW’s sizeable range of activities is perfectly legal under current EU rules.

So Europe cannot be blamed for holding back UK financial sector reform to date - the problem is simply a lack of political will in the current government. And with even key architects of 1980s financial liberalisation, such as the IMF and the economist Jeffrey Sachs, rethinking the role of the financial sector, isn’t it time Britain did the same?

Dr Natalya Naqvi is a research fellow at University College and the Blavatnik School of Government, University of Oxford, where she focuses on the role of the state and the financial sector in economic development

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