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
ANGELOS TZORTZINIS/AFP/Getty Images
Show Hide image

How the refugee crisis became invisible

Since the failed coup in Turkey, there are on average 200 refugees a day arriving in Greece. But the world's media has gone home.

The image was familiar for the volunteers in Lesvos that still man the beaches where refugees arrive by boat from Turkey. It’s been many months since boats carried 256 people in a single day across the narrow passage of sea. The refugee crisis seems to be giving way to much larger geopolitical issues to the east of the Greek coastline. Those refugees stuck here might soon be joined by the thousands that remain in Turkey as the situation in Syria deteriorates. There is no solution is on the horizon for the bloodshed.

Almost 300 people arrived that Thursday last week, a number not seen since a deal between the EU and Turkey was reached this spring to curtail the flow of refugees heading for Europe. Following the failed coup attempt in Turkey last month, however, something has changed. 3,300 people have arrived on the islands of the eastern Aegean since, according to the official data released by the Greek state, averaging around 200 a day. Reports on the ground suggest that the traffickers operating in the area are expecting a new wave of refugees leaving Turkey soon, a card for Tayip Erdogan to play in his bid for visa-free entry to Europe for Turkish citizens.

Since the deal – and unlike last year, which saw more than a million people passing through Greece and heading up the Balkan corridor towards Germany and the prosperous north – the crisis has taken a new shape, and it’s now largely invisible. Lesvos, the island formerly seen as the frontline of the refugee crisis, is unseen, abandoned by the media and the tourists that used to be its main source of income.

The refugees unlucky enough to be stuck in Greece after the borders to Macedonia closed are distributed in camps across the country. The camps established at the points of arrival, known as “hotspots”, are overcrowded to breaking point, with violence often erupting between refugees, locals and the police. Instances of violence against unaccompanied minors by police were even recorded in the Moria camp in June.

Now, for the close to 60.000 people who in limbo while their asylum applications are processed, it’s a waiting game that looks more like prison than anything else. Meanwhile, deportations back to Τurkey have effectively stopped because of the political insecurity and terrorist attacks there, despite the fact it is still deemed a “safe third country”.

Forty-nine camps have been set up across Greece, but the government has announced that more are on their way. Local business owners in Crete have already protested the news of a camp for 2,000 refugees established on the island. After what happened in Lesvos the tourism industry – arguably the country’s most important, contributing close to 10 per cent of the GDP – is nervous.

Inside the camps, reports of overcrowding, poor hygiene, illness, violence, trafficking and drugs are on the rise. Even in Greece, Yazidis are not safe in the camps, and special arrangements have had to be made for them. The Greek and Albanian mafias have infiltrated camps on the mainland, especially around Thessaloniki, and are pushing hard drugs, which have become a solution for some of the refugees stuck there. Around the downtown area of Victoria in Athens, reports by the BBC and Refugees Deeply have found underage boys prostituting themselves in the nearby parks for 5 euros.

Here is the real problem: while the numbers arriving are nowhere near those of last year, the infrastructure available to take them in is now so strained that every new arrival counts. The margin for the most vulnerable between safety and harm, has narrowed to nothing. The Katsikas camp, near my hometown in north-western Greece, paints a grim picture. Set up hastily on the site of an old military airport, it is almost entirely unsuitable to host the simple military tents the refugees are expected to live in. The ground turns to mud every time it rains, and it rains often. There are scorpions and snakes wandering the camp.

Living conditions are so horrible that according to the camp’s director, Filippas Filios, 200 people recently walked out and abandoned it, preferring to try their luck crossing the Albanian or Macedonian borders on foot. From the 1,020 people that were transported here between March and April, just 520 remain. Another space is being prepared to take those remaining before September – an abandoned orphanage. Unlike most of Greece, the weather here is rainy and cold. If preparations stall and they are caught outside, these people are unlikely to remain in the camp under such conditions. Traffickers who have been active in the area for decades, are banking on just that.

The EU, via Angela Merkel saying that “we must agree on similar deals with other countries, such as in North Africa, in order to get better control over the Mediterranean sea refugee routes”, is hinting at a similar deal to that with Turkey to try and deal with the flow from Libya. With the current arrangement looking shaky, and those living with the consequences being ignored or even blamed for their predicament, we are on perilous ground. There is hardly anything more that Greece can do.

What’s worse is that in the last few months – under pressure from the EU – the Greek government has been dismantling the solidarity networks that alleviated much of the weight of the crisis last year. But they too, where they still hold, are creaking under the weight of the situation. The conditions in some of these informal camps resemble those in the official camps. The more these people are trapped in either situation, the more likely they are to become victims again, be it of trafficking, drugs or violence. For now, the pro-refugee sentiment still holds in Greece, but the illusionary structure of a “dealt with” crisis might come crashing down sooner than most realise.

Yiannis Baboulias is a Greek investigative journalist. His work on politics, economics and Greece, appears in the New Statesman, Vice UK and others.