A/HRC/45/6 81. Religious minorities continue to face particular barriers to the enjoyment of their rights. For protection reasons, the Group of Eminent Experts is not able to publicly report on all of the violations experienced by these groups. 82. The Group of Eminent Experts has previously reported on the situation of the Baha’is detained in Sana’a on the basis of their religious faith, in particular highlighting their arbitrary arrest, torture and denial of due process in court proceedings. On 22 March 2020, the appellate division of the specialized criminal court upheld the conviction of Hamed bin Haydara, and his death sentence. On 25 March 2020, the President of the Houthi supreme political council announced a pardon for Mr. Haydara, and requested that the authorities concerned release all Baha’i prisoners. On 30 July 2020, the Baha’i detainees were released and expelled from Yemen. In addition, the Group received credible reports of lawyers being targeted and threatened, even detained, for their defence of the Baha’i detainees. 83. The International Organization for Migration reported that, despite the ongoing armed conflict and the catastrophic humanitarian crisis, in 2019 over 138,000 African migrants had crossed the Gulf of Aden and reached Yemen as a transit destination. The Group of Eminent Experts received accounts of migrants, including children, being held captive by smugglers in informal camps in Lahij Governorate, where they were subjected to physical abuse, including sexual violence, and released only upon payment of a “ransom”. The Group also received allegations that unidentified armed men in uniform in the South were collaborating with smuggling networks. Many migrants reported experiencing racial discrimination, arbitrary arrest and ill-treatment upon reaching Aden and on the road to Ataq, as well as sexual violence, as described above in paragraph 69. 84. The continuation of the conflict, with its attendant breakdown of public order, has aggravated the already precarious situation of minorities, internally displaced persons, migrants and refugees in Yemen. The Group of Eminent Experts concludes that all of these groups continue to be discriminated against in their enjoyment of rights, and face a heightened level of violations and abuse. H. Violations related to the administration of justice 85. The administration of justice is crucial for the safeguarding and protection of human rights. The Group of Eminent Experts focused its investigation on three main issues within the administration of justice: the operation of specialized criminal courts, violations of fair trial rights, and attacks on the judiciary. 86. The Group of Eminent Experts finds that the specialized criminal courts, particularly in Sana’a, are being used as an instrument to suppress dissent, intimidate political opponents and/or develop political capital to be used in negotiations. Rights of the accused are regularly denied. Significant control is exercised by the security and political leadership. With the advent of the dual system of state institutions, including the creation of two separate supreme judicial councils, the appointment of judges has become further influenced by political and sectarian considerations. 87. In many areas of the country, the justice system is virtually paralysed. The specialized criminal court in Sana’a (in the area controlled by the de facto authorities) is perhaps the most active judicial body in Yemen. In that court, rates of conviction and the associated imposition of the death penalty have significantly increased, although the death penalty has not been implemented in those cases. 88. On 4 March 2020, for instance, 35 members of the parliament were sentenced to death in absentia by the specialized criminal court in Sana’a ostensibly for having taken actions threatening the stability of Yemen, its unity and the security of its territory. The charges were brought against members of parliament who had supported the internationally recognized government. Further, the convictions have been used to provide a veneer of legitimacy to the seizure of assets and properties of the defendants. The members of parliament with whom the Group of Eminent Experts spoke confirmed that they did not receive any formal communication regarding the legal proceedings against them and 14

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