A/HRC/18/21
83.
Accountability and an end to corruption are major challenges in Yemen. The
Mission is especially concerned that in the eyes of many Yemenis the judiciary lacks
credibility and legitimacy.
84.
The Mission is of the view that calls for investigations and prosecutions will be
undermined unless urgent measures are taken to ensure the independence and
integrity of the judiciary and to provide it with sufficient resources. This includes
empowering the judiciary to exercise its oversight role vis-à-vis all security organs and
their places of detention.
85.
Other measures will also be necessary to help restore citizens’ trust in the State
and to re-establish the rule of law in the country. These measures include the need to
institute national reparations programmes for victims and institutional and legal
reform programmes with particular emphasis on the security sector.
86.
Based on the Mission’s conclusions, the United Nations High Commissioner for
Human Rights makes the following recommendations. The successful implementation
of these recommendations may require technical and financial support from the
international community. Such support must take full account of the aspirations of
the Yemeni people, and must be aligned with Yemen’s efforts to build a State that is
inclusive, accountable, democratic and equitable.
87.
Additionally, given the lack of confidence in the judiciary to conduct impartial
investigations into human rights abuses related to the peaceful protest movement,
there is a need for international, independent and impartial investigations to be
conducted.
88.
The Government of Yemen should:
Take immediate action to end attacks against civilians and civilian
targets by security forces, in full compliance with Yemen’s obligations under
international human rights law. In particular, firearms and lethal force should only be
used as a last resort when lives are under direct threat;
Immediately and unconditionally release all prisoners detained for
peacefully exercising their freedom of expression and assembly, and who have not
been charged with any criminal offence; issue an official list containing the names of
all those who have been arrested and charged with criminal offences in relation to
recent demonstrations, including details about the dates of their arrest, places of
detention, and charges against them; take immediate measures to ensure that all
persons detained on criminal charges are afforded all fair trial guarantees from the
moment of their detention, including the rights to be informed of the charges against
them, to have prompt access to a lawyer, to notify a relative regarding their detention
and to appear before a judge within a reasonable period of time, in accordance with
international standards. Access by prosecutors to all places of detention should be
guaranteed;
Launch transparent and independent investigations, in line with relevant
international standards, into credible allegations of serious human rights violations
committed by Government security forces, including, but not limited to, the killing of
civilians, excessive use of force against civilians, arbitrary detention, torture and ill
treatment; ensure that perpetrators are held accountable;
Provide reparation to victims and/or families who have suffered harm,
including, but not limited to, death or physical injury as a result of unlawful acts
committed by Government security forces or their affiliates;
17
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