A/HRC/39/43 62. In August 2015, as pro-government forces moved north after retaking Aden, the restrictions imposed by the Houthi-Saleh forces became acute. Snipers were used to enforce the restrictions. 63. Following his visit to Ta’izz in January 2016, the United Nations Humanitarian Coordinator noted challenges to humanitarian access to three districts within the city that had lasted several months. 64. Based on the information available, during the period July 2015 to January 2016, when they were at their most severe, the restrictions imposed by the Houthi-Saleh forces appear to have been in violation of international law. However, further investigation on restrictions and impediments imposed by all parties in Ta’izz is required. 3. Arbitrary detentions, enforced disappearances, torture and ill-treatment 65. Investigations by the Group of Experts confirm widespread arbitrary detention throughout the country, and ill-treatment and torture in some facilities. In most cases, detainees were not informed of the reasons for their arrest, were not charged, were denied access to lawyers or a judge and were held incommunicado for prolonged or indefinite periods. Some remain missing. Parties to the conflict are using undeclared detention facilities in an apparent, and if confirmed unlawful, attempt to put detainees outside the reach of the law. A few individuals detained in areas under the control of the de facto authorities reported that they had been brought before tribunals where proceedings flouted basic due process standards, including the right to legal representation. In Aden and Mukalla, detainees have carried out hunger strikes protesting the absence of due process. Death sentences have been passed and implemented in Sana’a and Aden, in the absence of due process standards. 66. In detention, during interrogation and while blindfolded and/or handcuffed, detainees were beaten, electrocuted, suspended upside down, drowned, threatened with violence against their families and held in solitary confinement for prolonged periods in violation of the absolute prohibition on torture, cruel or inhuman treatment. Reports indicate poor material conditions and grossly inadequate medical care for detainees. The Group has also received allegations of deaths in custody. 67. The Group of Experts conducted interviews related to detention by forces affiliated with the Government, as well as by coalition forces, and visited Al Mansoura Prison and Al Mansoura Block B (known as Bir Ahmed Prison II) in Aden. 68. The criminal justice system had become largely defunct in the areas where progovernment forces reclaimed control. Coalition-backed forces were empowered to fill the void, resulting in widespread arbitrary detention. Hundreds of individuals have been detained for perceived opposition to the Government or to the United Arab Emirates. 69. By early 2017, consistent reports began to surface of violations committed in detention facilities or undeclared centres under the control of the United Arab Emirates. President Hadi requested the coalition to hand over all places of detention and secret prisons that had been created outside the framework of the State institutions and to deliver case files to the judicial authorities (see S/2018/242). Dozens of detainees have since been released but, as of June 2018, the Government officials still claimed very little authority over detention facilities in the south. 70. Detainees have been subjected to torture and other cruel treatment in facilities such as the Al Rayyan and Bureiqa facilities (controlled by the United Arab Emirates); the 7 October facility in Abyan, Lahij Central Prison and Al Mansoura Prison (controlled by Security Belt Forces); and Ma’rib Political Security (controlled by the Government). 71. The Group of Experts also investigated sexual violence, including rape of adult male detainees, committed by United Arab Emirates personnel. At the Bureiqa coalition facility, detainees described being interrogated while naked, bound and blindfolded, sexually assaulted and raped. At Bir Ahmed Prison, forces of the United Arab Emirates raided the facility and perpetrated sexual violence. In March 2018, nearly 200 detainees were stripped naked in a group while personnel of the United Arab Emirates forcibly examined their anuses. During this search, multiple detainees were raped digitally and with tools and sticks. 10

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents