A/HRC/21/37
Another issue raised by the draft law concern the time frame that it should cover. The
current draft identifies 1990, the year of the reunification of Yemen, as the date from which
violations are to be investigated and redressed. Various stakeholders argue, however, for
other periods, depending on their specific grievances or connection with particular events in
the history of Yemen.
B.
Detention and enforced disappearances
29.
The release of hundreds of detainees kept in Government-controlled places of
detention, police stations, military barracks or ad hoc prisons was one of the measures
intended to restore calm and confidence after the signing of the Gulf Cooperation Council
initiative. During their previous visit in December 2011, the delegation was able to confirm
that orders had been given at the highest levels to implement the releases, but also
concluded that none of those responsible had submitted any lists of persons released or
detained to allow verification, nor was there any possibility to consolidate a comprehensive
list, given that no Government institution was specifically assigned to keep track of the
implementation of the measure.
30.
During the most recent visit and despite numerous requests, the delegation did not
receive an updated and comprehensive list from the Government. While acknowledging
this problem, the Minister for the Interior described his intention to launch a public
information campaign to encourage relatives of persons who were either detained or feared
to have disappeared to register cases in each governorate to allow the Government to
investigate. Following the OHCHR mission, the Government formed another ministerial
committee, comprising the Ministers for Human Rights, Defence and the Interior, to
examine the issue.
31.
During the reporting period, several reports were received from local and
international human rights groups documenting the persistence of detention and the
occasional torture of persons, overwhelmingly male and mostly young, either because they
had engaged in peaceful protest and other similar forms of activism or because they had
taken part in armed clashes. The President, the Prime Minister and the Minister for Human
Rights attempted to obtain the release of more individuals. The Prime Minister reportedly
admitted that his orders had been ignored by security bodies, while the Minister for Human
Rights has not been granted access to places of detention run by Political and National
Security.
32.
Though the Government has not yet attempted to verify and disclose the names of
detainees, the total number appears to be in the hundreds rather than thousands, as was the
case in late 2011. Efforts by the Government to take a resolute approach to compile, verify
and publish all information available regarding cases of detention and disappearance could
help to build a climate of mutual trust.
33.
President Hadi declared the fight against terrorism and the restoration of State
authority across the country his priority. This legitimate undertaking has, however, been
marred by continuous reports that the two security organs in charge of counter-terrorism,
National Security and Political Security, continued to operate on the margins of the law.
Reports of arbitrary arrests, prolonged detention without trial, secret or incommunicado
detention, as well as torture and ill-treatment, were received by the mission. Although the
decree of 2002 establishing National Security gave it a mandate of counter-terrorism and
foreign intelligence, the mission received reports that many of the persons arrested were
non-violent activists and protesters. In response to these allegations, the Director of
National Security affirmed that his organization operated in full compliance with Yemeni
law and denied that it ran unofficial places of detention. He added that, once interrogated,
suspects were transferred to the prisons operated by Political Security in Sanaa and other
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