A/HRC/24/34
investigations, compliant with international standards, into any credible allegations of
serious human rights violations committed by Government security forces during the events
of 2011 (A/HRC/21/37, para. 67 (a)). A commission to investigate allegations of human
rights violations that occurred in 2011 was established in September 2012.23 However, at
the time of writing the present report, the Commissioners had not yet been named. OHCHR
is concerned that the delay in appointing the Commissioners may hamper the credibility of
investigations and raises questions as to the commitment to redress and justice for victims
of past human rights violations.
25.
No development was recorded with regard to the Law on Transitional Justice and
National Reconciliation. The draft law produced by the Ministry of Legal Affairs was
submitted to the Prime Minister and the President in May 2012. However, on 5 January
2013, the President submitted a different version of the Law to Parliament for
consideration. The preamble of the draft law submitted by the President confirms the
immunity granted to the former President and his associates. OHCHR reiterates that the
immunities from prosecution granted to former President Saleh and his associates as part of
the GCC initiative, by Law No. 1/2012, were a major setback with regard to
accountability.24
26.
It appears that the latest version of the transitional justice law presented by the
President is still under consideration by the Parliament, and that no decision will be taken
before the end of NDC, foreseen in September 2013, or before the NDC Transitional
Justice Working Group produces its recommendations.
B.
Detention and enforced disappearances
27.
OHCHR-Yemen has been unable to obtain the official number of detainees and
prisoners in prisons and detention centres. Despite Cabinet decision No. 180 (2012), which
requested the release of all those imprisoned for their participation in the 2011 events,
reports received from local NGOs indicate that the total number of the detainees who
remain in prison in conjunction with the 2011 events is 68.25
28.
Local NGOs reported that the families of 17 individuals, detained at different dates
in 2011, were not aware of their relatives’ fate or whereabouts. OHCHR-Yemen
interviewed the families of six individuals who have disappeared, and who confirmed that
their relatives had been detained by security forces. They had sought information at the
Ministries of Human Rights, Interior and Defence but had not received satisfactory
responses.
29.
OHCHR-Yemen has been able to visit on several occasions the Central Prisons of
Sana’a and Aden. At the Sana’a Central Prison, in April and June 2013, OHCHR-Yemen
interviewed the detainees charged in the Presidential Mosque case, who complained about
23
24
25
Decree No. 140/2012.
The Human Rights Committee also expressed concern about the adoption of Law No. 1/2012 granting
a blanket amnesty to former President Saleh and immunity from prosecution for all political crimes
apart from acts of terrorism to all those who served with him during his rule. The Committee
requested Yemen to repeal the law and to comply with international human rights law prohibiting
immunity for those responsible for serious human rights violations in respect of which States are
required to bring in perpetrators to justice (CCPR/C/YEM/CO/5, para. 6).
48 detained in Sana’a Central Prison, 19 in Hajjah and one in Ta’izz.
9
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