A/HRC/45/CRP.7 violates the requirement of humane treatment.210 Furthermore, the act will violate a number of obligations under customary international humanitarian law – including the prohibition on arbitrary deprivation of liberty, respect for detainees’ family life and permission to receive visitors, especially near relatives, to the degree practicable.211 It may also lead to torture or cruel treatment, and murder. The combined effect of these obligations has led to a recognition that enforced disappearance is prohibited by customary international humanitarian law.212 153. Both “imprisonment or other severe deprivation of liberty in violation of fundamental rules of international law” and enforced disappearance are recognised in the Rome Statute as potentially giving rise to a crime against humanity if committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack.213 154. International human rights law contains an absolute prohibition of torture and other forms of cruel, inhuman or degrading treatment.214 While “torture” is not defined under the ICCPR, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (to which Yemen is also a party), defines “torture” as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind”. For torture under the CAT, the pain or suffering must be inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.215 Violations such as rape or enforced disappearance may also amount to torture. Cruel or inhuman treatment involves either a less severe form of pain or suffering, or the absence of the purposive element of “torture”. Degrading treatment or punishment refers to other conduct, which is humiliating. International humanitarian law also explicitly prohibits the torture and cruel, humiliating and degrading treatment of persons taking no active part in hostilities (including members of armed forces who have laid down their arms or been rendered hors de combat).216 Such conduct constitutes a war crime.217 Torture can potentially give rise to a crime against humanity, if committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack.218 3. Factual findings (a) Arbitrary detention 155. During the reporting period, the Group of Experts verified cases of at least 30 individuals who were arbitrarily arrested and detained in violation of Yemeni and/or international law by all parties to the conflict in Yemen. Persons arrested on criminal charges were systematically and routinely denied their right to be brought before the Court within 24 hours as required under the Yemeni Constitution.219 Many cases investigated by the Group involved persons being detained by militias affiliated with authorities in control of territory and held without charges for prolonged periods, including in unofficial and secret detention facilities. 156. In many cases investigated by the Group, persons were arbitrarily detained for voicing opinions contrary to the interests of the ruling party. Examples include the detentions of 210 Additional Protocol II, art. 4(1), Common art. 3 of the Geneva Conventions ICRC Study on Customary International Humanitarian Law, rule 126 212 ICRC Study on Customary International Humanitarian Law: rule 98. Note also that parties to an armed conflict must take all feasible measures to account for persons reported missing as a result of the conflict and efforts must be made to provide family members with information the party has on their fate: ICRC Study on Customary International Humanitarian Law, rule 117. 213 Rome Statute, arts. 7(1)(e) and 7(1)(i). 214 ICCPR, art. 7. 215 CAT, art. 1(1). 216 Additional Protocol II, art. 4(2)(a), Common art. 3 ofthe Geneva Conventions, AP II art. 4(2)(e). See also ICRC Study on Customary International Humanitarian law, rule 90. 217 Rome Statute, arts. 8(2)(c)(i) and 8(2)(c)(ii). 218 Rome Statute, art. 7(1)(f). 219 See Constitution of Yemen, art. 48. 211 44