Constitution and law of Penalties Procedures in article no (131) have guaranteed the right of individual’s freedom ,thereby to arrest him or to keep close watch on him is an impermissible encroaching on his freedom so arrest and watching individuals are confined to few specific cases such as: if the individual puts himself in a suspicious place or he let himself to be suspected . Individual could be arrested upon warrant issued by the Attorney .If the individual is subjected to arrest or research without legal warrant he can sue the one who arrested him .
It is forbidden for military check points to detain or halt trucks until the morning if they do not load ban materials and goods as the law of procedures stipulates in its article no (15) “ it is impermissible to constrain the citizens freedom of gathering ,residence , transforming and passing through .
-- OBSERVATION :
Yemeni law strictly bans to put the individual or public place under observation ,even though , when there is a suspicion unless it preceded by accusation against the resident individual who is suspected of committing a crime or involvement in it and there must be an observation warrant issued by the Prosecution …
- Law bans monitoring or spying on phone calls and looks on to it as infringement on the individual freedom .
- Law stipulates afore prosecution’s permission for monitoring messages ,letters and phone calls .
Eventually ,suchlike permission is given within a very limited bounds .
Yemeni law does not authorize policemen or officers of the security forces to arrest any individual unless there is a warrant arrest from Attorney .
Authorities which are authorized to summon individuals to appear or to stand in before them are Court ,Prosecution and the judicial controlling officials , however the afore mentioned authorities should have sufficient reasons for the arrest either for ongoing investigation or speculation .
- The Judicial Controlling Commission .
It includes the District Administrator , Public Security Administrator , Policemen , Officers of Public Security who serve in the police stations and the Sheikhs of villages .However , all the afore mentioned officials are not authorize to coerce any individual to appear before any one of them unless he is notified in a written note must be handed over to him .
-- CITIZENS RIGHTS AND ATTORNEY :
Law has authorized the Prosecution to arrest the individuals if there is a legal warrant but procedures of custody are restricted by regulations as the following :
- The arrest warrant must be in a written form and signed by the one who issued it .
- After the arresting there are some measures ought to be taken such as :
- Defendant should be informed with the reasons due to which he is arrested .
- The arrest warrant should be shown to the defendant immediately .
- The Prosecution is authorized to keep the defendant in custody for seven days but if it decided to extend the period of the custody it has to submit a request to the court however , if the court has agreed to extend the period of the custody it should not exceed 45 days ..
- Law stipulates that if the imprisonment last more than 3 months and investigation has not yet completed , the issue ought to be transferred to the Attorney General who has the right to instruct with what he assumes to be in the case’s favor , all in all if the defendant spent more than 6 months and investigation is not over , he must be released .
-- CUSTODY :
Holding the individuals in custody is permitted provided that to be in the line with the regulations which are stated in the Law . Yemeni law states that “defendant should be released following the seven days of custody which are permitted by the law if the charge against the defendant is not of the great crimes .” Great crimes are those ones which death sentence is their penalties or more than 3 years in prison .Law , thus did not look over the right of the defendant to impeach the attorney’s decision at the Appeal Court over three days if he found the decision is unfair .
-- WOMAN’S RIGHTS IN THE LAW:
Yemeni Law did not differentiate between men and women in regard to the rights and duties .The woman has the right to consent to the marriage or to reject and law considers the marriage’s line is invalid unless the woman gives her consent to the marriage .Law also stipulates to have home and to get her own dowry for herself ,as well as to be treated fairly and friendly .Yemeni law gives the woman the right to annul the marriage’s line via the court but this right is constrained by some reasons such as the following :
- If the husband does not provide her with the needed expense or if he is absent in unknown place and nobody knows where he is and his absence lasted more than one year .
In case that, he is sentenced to three Years in prison or if the woman hates her husband and does not wish to live with him any longer . If the husband is being addicted to the wine or drugs .
- Law does not only guaranteed the rights of woman at home but also in all walks of life ,concerning to the civil ,commercial ,social and political rights she is equal to the man in aspect of the rights and duties .
-- CHILDREN’S RIGHTS :
Yemeni law has made no discrimination between children .All children are equals in the eyes of the law .
The law has forced the state to afford a modest and honest life for the child and to create the ideal conditions for his living and growing . Yemeni law also has obligated the state to protect children and to take all legislative . administrative .social and educational measures which are proper for protecting them from all sorts of violence , maltreatment ,negligence and mentally or physically harms .
The state is committed to provide the disabled child with the needed aids and assistance of training and education for developing his skills and faculties .The state also has to ensure health care and protection for the child , it has also to protect him form all kinds of economic exploitation as well as from any work may affect him …