A/HRC/18/21
and dozens of demonstrators were killed. Tribes claiming to protect the protesters
sent armed supporters to the Square and occupied certain public buildings.
74.
The picture that has emerged in the major cities is of a number of separate, but
at times intertwined, struggles taking place. Peaceful demonstrators are calling for
change, like their counterparts in other parts of the region, while an increasingly
violent power struggle is playing out between President Saleh and his supporters, on
one hand, and armed opposition groups, including some allegedly connected with AlQaeda, on the other. In addition, political opponents, including recent defectors, are
publicly renouncing the resort to violence and seeking a resolution that would bring
about a change in regime.
75.
Both the Government and some of its armed opponents have sought to present
themselves as protectors of the civilian population, and each side blames the other for
the suffering and hardship that has been brought upon the country. All sides may be
guilty of using and abusing peaceful protesters and the civilian population in this
increasingly violent power struggle.
76.
The Mission noted that the Yemeni Government has lost effective control of
parts of the country and the major cities, where armed opponents appear to have de
facto control. The Mission also observed that those seeking to achieve or retain power
have deliberately sought to punish and cause severe hardship to the civilian
population by cutting off vital access to basic services such as electricity, fuel and
water. The Mission noted the danger of the protests becoming more violent in
response to the excessive use of lethal force by the Government, and the growing
involvement of and intimidation by armed elements among the demonstrators. Street
protesters have nonetheless sought to maintain a peaceful character despite the heavy
loss of life and severe injuries suffered thus far.
77.
Due to time and security considerations, the Mission was unable to visit areas
outside the three main cities of Ta’izz, Sana’a and Aden, and therefore could not
assess the level of violence taking place in areas such as Abyan, Arhab or Sa’ada.
78.
While the Mission recognizes that it is the Government’s duty to secure law
and order, it is of the view that this should be carried out within the confines of
international law. There can be no justification for the hasty resort to excessive use of
lethal force and heavy weaponry, including the deployment of tanks in cities, to quell
street demonstrations or to clear out protest sit-ins.
79.
The Mission was alarmed at the deteriorating humanitarian situation, which is
adversely affecting the majority of the population, but in particular the poorest and
most vulnerable, such as children, IDPs and refugees. Isolated acts of sabotage cannot
account for all the suffering witnessed by or reported to the Mission throughout the
country, and access to electricity, fuel, cooking gas, water and other basic services
should not be denied in order to punish the entire population.
80.
While noting the orders issued by President Saleh to use restraint in handling
protests, the Mission concludes that the orders had, in several instances, failed to
prevent deadly responses by Government security forces and their affiliates.
81.
The Mission also concludes that relevant Government security forces are
neither properly trained nor equipped to fulfil their functions in a manner consistent
with Yemen’s international human rights obligations.
82.
Furthermore, their actions appear so far to have largely escaped credible
internal or judicial accountability. Against this backdrop, force has become the
response used by the Government against people voicing aspirations for reform.
16
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