A/HRC/45/CRP.7 176. The physical, psychological, socio-economic, and gendered impact of these violations for victims, their families and their communities are complex and severe. 177. Detainees who had been tortured described to the Group the injuries and pain endured in the course of violations, and the long-term physical and psychological trauma. For the most part, no medical treatment or rehabilitation is available for detainees during detention and after their release, unless they can afford to pay and are able to flee to safe areas. Survivors of sexual violence, and women former detainees, particularly struggled to access services due to stigma and a lack of specialist gender-based violence services.253 Specialised treatment and rehabilitation for victims of torture is not available. Detainees spoke of the financial strain on them and their families after they had paid large sums of money to learn the whereabouts of their loved ones, visit them or to seek their release, barring them from being able later to pay for any medical care and other essential support, including legal aid. 178. Some former detainees told the Group upon their release that they were unable to return home because they had been released through a prisoner exchange to a different governorate, or they had been forced to relocate to a safer area, under the control of a different party to the conflict. This displacement involves financial costs, the loss of property and livelihoods, separation from families and communities, as well as the psychological impact on the victims and their family. Others who were released and continued to live in areas under the control of those who had detained them were unable to leave, and spoke of their fears of reprisal. 179. Many men and women released after prolonged detention, found themselves jobless and with no income; their families having survived their detention by relying on savings, or support from relatives, or women and girls in their families taking on extra economic burdens, as previously found by the Group.254 Children and young people who were detained similarly lost months or years of secondary or higher education, with profound implications for their futures. In addition to the socio-economic consequences, the families of detainees have endured the psychological impact of their loved one’s detention or disappearance. 180. The lack of legal redress, the failure to investigate and prosecute those responsible for the violations, and the lack of reparations leaves victims disillusioned, with a sense of hopelessness and lack of trust in the justice system. 5. Legal findings 181. The Group of Experts concludes that parties to the conflict are continuing to engage in arbitrary detention, torture, including sexual violence, and other forms of ill-treatment, and enforced disappearance in violation of international human rights law and international humanitarian law. Such acts may amount to war crimes, including cruel treatment and torture, committing outrages upon personal dignity, and rape and other forms of sexual violence. E. Gender and gender-based violence Applicable law 182. Yemen has ratified a number of treaties enshrining the fundamental principle of equality and non-discrimination. In both ICCPR and ICESCR, for instance, there are clear statements that men and women must enjoy all rights equally and without discrimination on the basis of sex.255 CEDAW provides a more detailed framework concerning nondiscrimination against women. The fundamental importance of non-discrimination is replicated in other human rights instruments. While treaties refer to discrimination on the basis of sex, this report uses the terms “gender-based discrimination” and “gender-based violence” to take into account the underlying social construction of roles that underpins these violations. 253 See section on Gender and Gender-Based Violence, paras. 192 and ff for more details. A/HRC/42/CRP.1 paras. 624 and 625 255 ICCPR, arts. 2(1), 3 and 26; ICESCR, arts. 2(2) and 3. 254 50

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