The authorities claim that the victims of torture and ill-treatment can file complaints, and that those responsible for acts of torture are prosecuted and punished. While it is true that victims can theoretically bring such cases to the Attorney General’s attention, who might initiate an investigation, in reality, such allegations are seldom investigated and prosecuted, and there appears to be a climate of total impunity for perpetrators of acts of torture and ill treatment. We cite for example the case of Abdeladhim Ali Abdeljalil Al Hattar, subject of a 2008 Opinion by the UN Working Group on Arbitrary Detention, who complained about torture to the judge trying him. The judge refused to accept these allegations were founded, but when the defence provided a video of one of the torture sessions as evidence, the judge ordered those identified as responsible for the torture be investigated. However, following the investigation, the people responsible for the torture had not been tried, or even charged.
A second example is that of Maher Al Absi of Ta’izz, who brought up allegations of torture before his judge. The judge ordered he receive medical treatment and stated that this would resolve the issue, without ordering an investigation or prosecuting anyone responsible.99
In effect, lawyers are obliged to prove that torture has occurred, contrary to international fair trial standards. This is nearly impossible, as detainees remain in detention until the signs of torture have disappeared and lawyers are not able to visit individuals who are being investigated. Nor do detainees have access to medical exams to obtain proof of torture.
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