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
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