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