A/HRC/45/6
learned of the decision from social media. They did not formally instruct a legal
representative to appear on their behalf as they do not recognize the legitimacy of the
specialized criminal court in Sana’a.
89.
Ten journalists, arbitrarily detained since 2015, were convicted on 11 April 2020 of
national security offences arising out of their broadcasts and writing. Four journalists were
sentenced to death. They are currently appealing the decision. Six journalists were
sentenced to time already served, with three years of assigned residence and the
appointment of a guarantor. They should have thus been immediately released. As at 30
June 2020, only one of the six had been released, while the others are reportedly to be
released as part of a prisoner exchange. This case exemplifies the way in which journalists
have been subjected to a pattern of violations in order to silence their work.
90.
The specialized criminal courts have been less active in areas under the control of
the Government of Yemen and the southern transitional council. There are however, similar
concerns about them being used as security courts to serve the political interests of the
authorities in charge. On 2 April 2020, the specialized criminal court in Aden opened a trial
in absentia of 32 Houthi leaders.
91.
Violations of the right to a fair trial continue to occur across Yemen. This includes
the use of torture to compel confessions. Many of those accused are denied access to a
lawyer, and to confidential and safe communications with their legal representatives.
During trial proceedings, the evidence adduced by the prosecution tends to be limited to
written statements. There is no opportunity for the accused to cross-examine witnesses, or
to present rebuttal evidence. Additionally, due to political interference, and corruption, the
right to be tried before an impartial and independent court in Yemen cannot be guaranteed.
92.
Individual judicial officials face violent attacks, arrests, threats and intimidation
motivated by political and/or security reasons and personal interests. For example, in Ta’izz
in early 2020, one judge survived an attempted assassination, and, in a separate incident, a
courtroom was raided by militia affiliated with the Government of Yemen, resulting in the
suspension of proceedings. Some judges and prosecutors have reported self-censorship in
carrying out their functions in order to avoid antagonizing the party in control of an area.
93.
Maintenance of the rule of law is a pillar of any free society. The breakdown in law
and order, including the targeting of judges, prosecutors and lawyers by parties to the
conflict, has indelibly had an impact on the independent, impartial and effective
administration of justice in ways that have fomented public fear and insecurity. The Group
of Eminent Experts concludes that serious violations of international human rights law are
occurring within the administration of justice in Yemen, in particular through the
politicization of the system, the regular denial of fair trial rights, attacks on judicial officers
and the imposition of the death penalty in a manner contrary to international law.
VI. Accountability
94.
No right exists without a remedy. So it is with the widespread and systematic
commission of human rights violations in Yemen, which demand remedial action. Over the
past three years, the Group of Eminent Experts has been reporting on serious violations of
international human rights law and international humanitarian law, some of which may
amount to international crimes. It has made repeated calls for relevant authorities to
conduct prompt investigations into alleged violations and to prosecute those responsible, in
line with their international obligations. The Group is not aware of any trials that have been
completed relating to violations it has documented. It has also stressed the need to realize
victims’ rights to an effective remedy (including reparations). Regrettably, the Group has
seen no timely and effective remedies for victims in Yemen.
95.
The National Commission of Inquiry of the Government of Yemen reported, in its
eighth report, having monitored and documented a further 2,940 individual incidents. The
Group of Eminent Experts welcomes the progress made by the Commission, while noting
that its operations remain somewhat hampered by non-recognition by the de facto
authorities, limited cooperation from the coalition, security and access issues for its field
15
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