A/HRC/45/CRP.7 351. Accused persons detained on criminal charges have little access to their legal representatives. In the case of the 30 detainees sentenced to death (formerly the case of the 36 male detainees) by the SCC in Sana’a,526 the lawyer representing them was not able to visit them even once an appeal against the decision was filed. In the case of the 10 journalists noted above, the four journalists sentenced to death formally instructed the lawyer to appeal against the decision via a power of attorney that was drafted and signed under the authority of the prison director as they had no access to their lawyer despite the latter having formally requested a visit. One legal representative in Sana’a stated that “even with the authorisation of the Prosecutor, visits to clients are still denied by the prison authorities.” 352. Where access is permitted, the environment in which the meetings take place obstruct confidential and safe communication. Prison guards are often present in close proximity. The limited time permitted severely undermines the preparation of the defence. For example, in the case of Asmaa Omeissy, the only piece of legal advice the lawyer could provide ahead of the appeals hearing was for the defendant, who had no access to her file, to remain completely silent during the session.527 It was reported to the Group that it was mostly during court hearings that lawyers could seize the opportunity to exchange a few words with their clients.528 Recent measures taken with the stated objective to contain the spread of COVID19 have further reduced the contact permitted between defendants and their counsel.529 353. Both defendants and their counsel have virtually no access to case files, further undermining the preparation of any defence. During trial proceedings, 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, including in the process for appointing judges and prosecutors, and corruption, the right to be tried before an impartial and independent court in Yemen cannot be guaranteed.530 354. The practice of imposing restrictions on persons even after they have been acquitted was noted in several cases. In the case of the 30 detainees discussed above, the six acquitted were released upon condition of appointing a guarantor and refraining from disclosing information about their case. Another journalist who was acquitted and released on 5 May 2020 had restrictions imposed by the SCC in Sana’a, including having an assigned residence in Sana’a, the suspension of any media activity and non-disclosure of information about his case. Similar restrictions were also placed on the only journalist released in the case of the 10 journalists discussed above.531 355. The Group of Experts confirmed similar patterns of denial of fair trial and related rights in areas of Yemen under the authority of the Government of Yemen. These included denials of prompt trial, access to legal counsel, failure to communicate charges and provide information about procedures, and the extortion of confessions through the use of torture.532 To provide some examples of the cases investigated by the Group, in Ma’rib, in one case, the detainee was held for over two years without ever being formally informed by the Prosecutor of the charges against him, or being brought before a judge. In another case, a journalist was arrested on the basis of an order issued by a Government of Yemen military commander and initially taken to a military prison. He was held for over 16 days at a military police detention centre and was only informed orally of the accusations against him by the commander of the axis.533 In a third case, a religious figure was arrested at the end of 2019, by military forces affiliated to the Government of Yemen. He remains in detention, but is being held without formal charges and without access to a lawyer.534 526 A/HRC/42/CRP.1, paras. 404-405. Confidential source on file. 528 Confidential sources on file. 529 Confidential source and documents on file. 530 Confidential sources on file. 531 Confidential source on file. 532 Confidential sources on file. 533 Confidential source on file. 534 Confidential source on file. 527 88