A/HRC/36/33
than 12 homes and public buildings, including a school, a mosque and a health facility. The
United States acknowledged that civilians had “likely” been killed in the raid.45
B.
Arbitrary or illegal detention and violations of due process
61.
Since March 2015, OHCHR has documented 1,019 cases of arbitrary or illegal
detention.46 Of those, 82 per cent were attributed to Houthi/Saleh forces and their affiliates,
and 15 per cent to pro-Government forces, with the remainder of cases being abductions
attributed to extremist groups such as Al-Qaida and the so-called “Islamic State”.
Throughout the conflict, OHCHR documented 51 cases that may amount to enforced
disappearances, with the whereabouts of the victims still unknown.
62.
OHCHR has conducted approximately 150 monitoring visits to detention facilities
since March 2015. Conditions of detention had notably deteriorated; overcrowding,
damaged facilities and shortages of food and medicines had all been exacerbated by the
conflict. OHCHR was rarely able to access persons who were arbitrarily or illegally
detained; it relied on interviews with released detainees, family members and lawyers, as
well as information from authorities. In all the cases classified as arbitrary or illegal
detention by OHCHR, the detainees had not been charged, did not have access to legal
assistance and had not been brought before a court. Often, they were held in unofficial or
secret facilities and prevented from contact with their families. In extreme cases, detainees
appeared to have been subjected to torture or ill-treatment.
63.
Since September 2014, the de facto authorities in Sana’a, affiliated with
Houthi/Saleh forces, have engaged in widespread detention of individuals. Those perceived
to be opposed to the de facto authorities — including political figures, activists, human
rights defenders, journalists or private individuals — had been particularly targeted. Most
detainees were held for several days, weeks or months before being released. Some remain
detained indefinitely.
64.
In addition to targeting individual opponents, the de facto authorities used mass
detentions to instil fear among the wider population. Since July 2016, OHCHR has
documented at least nine cases of mass detentions, in which more than ten individuals,
including men, women and children, were taken in one operation. Most of them were held
for a few days, then released.47
65.
OHCHR monitored two trials of opponents in Sana’a by the de facto authorities that
raised serious due process concerns. On 12 April 2017, a journalist was convicted and
sentenced to death on charges of spying. He was not notified in advance of the trial and was
not permitted to offer a defence. The trial lasted 15 minutes. In the second case, 36
individuals were accused in a mass trial, reportedly on terrorism charges. In open court, the
detainees raised challenges about the use of video confessions, claiming that they were
coerced and fabricated. As of June 2017, the procedure was ongoing.
66.
Another development of concern was the preventive detention of migrants by the de
facto authorities. According to the International Organization for Migration, in the past
year, authorities in several governorates had begun to systematically detain migrants,
invoking the security implications of high numbers of migrants, and for military
recruitment. OHCHR had also observed this practice during visits to detention centres.
67.
In the government-controlled south of the country, the official prisons had been
significantly damaged and the criminal justice system remained largely defunct. Criminal
justice was localized in the hands of militias, security actors and local authorities. In that
context, OHCHR received numerous reports of arbitrary detention, possible enforced
disappearances and torture. In 2017, allegations were mounted against both the Hadrami
Elite Forces, in Hadramaut Governorate, and the Security Belt, in Aden, both Yemeni
45
46
47
See www.centcom.mil/MEDIA/PRESS-RELEASES/Press-Release-View/Article/1068267/us-centralcommand-statement-on-yemen-raid/.
See annex III.
See annex I.
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