A/HRC/42/17
violence, torture and other ill-treatment. This may lead to criminal responsibility for the war
crimes of torture, cruel or inhuman treatment, outrages upon personal dignity and the denial
of fair trial. The Group also found reasonable grounds to believe that the de facto authorities
were responsible for the arbitrary killing of persons affiliated with the General People’s
Congress, amounting to arbitrary deprivation of life. These wilful killings are also serious
violations of international humanitarian law, which may lead to criminal liability for the war
crime of murder.
2.
Governments of Yemen, the United Arab Emirates and Saudi Arabia
64.
The Group of Experts examined the cases of at least 90 individuals reportedly
assassinated by targeted shootings and explosions in Aden city and surrounding governorates
between October 2015 and May 2019. Reported targets included former Resistance leaders,
senior civilian government staff, religious leaders, community influencers and individuals
critical of the Southern Transitional Council and the United Arab Emirates. Of these, 86
killings were committed between 6 October 2015 and 23 October 2018 (when a religious
leader was last reportedly killed). The Group investigated a sample of 10 of these incidents,
including one case in 2015, two in 2017, six in 2018 and one in 2019, focusing on cases
targeting religious leaders.
65.
The Group of Experts investigated allegations since its previous report of arbitrary
detention, enforced disappearance, torture and ill-treatment involving the United Arab
Emirates and affiliated forces at Bir Ahmed Prison II, Al-Bureiqa and numerous unofficial
Security Belt and Shabwah Elite detention sites, where suspected political opponents were
reportedly held. Movement of detainees between detention sites under the control of the
United Arab Emirates (including an unofficial site in Assab, Eritrea), Security Belt Forces
and Shabwah Elite have perpetuated enforced disappearances and kept victims out of the
reach of legal protection and judicial oversight. Most detainees were eventually sent to AlBureiqa, where many were tortured, including by electrocutions, hanging by the arms and
legs, sexual violence and long periods of solitary confinement.
66.
The Group of Experts continued to document detention-related violations committed
by the Government of Yemen at Al-Mounawara Central Prison in Al-Mukalla city, including
arbitrary detention and ill-treatment. The Group also documented cases of incommunicado
detention of up to three years, and regular torture, including through electrocutions, mock
executions and forced nudity, at the unofficial joint Yemeni armed forces/Saudi Arabia AlTin detention facility in Seiyoun city. In the context of naval operations around Al-Hudaydah
Governorate, the Group found that some of the Yemeni fishermen described in its previous
report continued to be held incommunicado in detention facilities in Saudi Arabia
(A/HRC/39/43, para. 72). Eight had been missing for more than two years at the time of
writing.
67.
The Group of Experts continued to investigate rape and other forms of sexual violence
by United Arab Emirates personnel at Al-Bureiqa between 2016 and late 2018. The cases
involved anal and oral rape, including penile rape, rape with objects, and gang rape. Such
violence was used regularly in conjunction with other forms of torture and ill-treatment to
humiliate detainees, force confessions and forcibly recruit them, as indicated by 12 verified
cases of rape of six men and one boy, multiple sexual assaults, and forced nudity.
68.
The Group of Experts has reasonable grounds to believe that the Governments of
Yemen, Saudi Arabia and the United Arab Emirates violated the right to liberty and security
of person, namely through enforced disappearances, arbitrary arrest and detention, and
torture and other ill-treatment, including sexual violence. This may lead to criminal
responsibility for the war crimes of torture, cruel or inhuman treatment, outrages upon
personal dignity, rape, and the denial of fair trial. The Group also found reasonable grounds
to believe that the United Arab Emirates and affiliated Security Belt Forces were responsible
for at least 10 killings, which amount to arbitrary deprivation of life. These wilful killings
amount to serious violations of international humanitarian law, which may lead to criminal
liability for the war crime of murder. These findings raise serious concerns with respect to
the other reported cases of assassination.
12
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