A/HRC/45/CRP.7
gender norms. As detailed above, this is part of a broader trend of weaponizing gender in the
conflict to legitimise parties' authority, suppress the political participation of women, and
enable violations against women and girls.
347. The SCC has been less active in areas under the control of the Government of Yemen
and the Southern Transitional Council, given the general disruption of the justice system in
these areas. Where operational, there are some indications of greater compliance with
procedural standards.519 However, there are reports of ongoing political interference with the
justice system, with the Supreme Judicial Council and the Attorney General of the
Government of Yemen reportedly encouraging the Prosecutor to open legal proceedings
against individuals within the de facto authorities. There are similar concerns about the SCC
in Government of Yemen controlled areas being used as a security court to serve the political
interests of the authorities in charge. On 2 April 2020, for instance, the SCC in Aden opened
a trial in absentia of 32 Houthi leaders, including Abdulmalik Al-Houthi. The trial started
during the judicial recess, despite Yemeni law permitting only cases of an “urgent nature” to
proceed during such time. Some interlocutors reported to the Group that the launching of the
case was an attempt to replicate the politicised SCC proceedings in Sana’a, but was done in
such a way as to mitigate the risk of retaliation against the property of those affiliated with
the Government of Yemen who remain in the North.520
2.
Fair trial and related rights
348. Widespread violations of fair trial and related rights of individuals continue to be
committed across Yemen.521
349. Investigations by the Group revealed a prevailing pattern of extorting selfincriminating statements and confessions through threats, torture and cruel, inhuman or
degrading treatment by authorities of varying parties to the conflict522. In one case, a detainee
was held in solitary confinement for 27 days and repeatedly subjected to torture including
severe beating and electrocution. He was forced to confess on video to the commission of
crimes, with the video being subsequently aired on a local TV channel affiliated to the
Houthis.523 In another case, a detainee held by the de facto authorities was repeatedly tortured
and similarly forced to confess on video. The Group verified similar instances in relation to
Government of Yemen personnel. In one case, for instance, a man who was disappeared was
forced to sign confessions after being subjected to torture at an unofficial detention facility
controlled by the Government of Yemen. Over a 2-3 month period, he was forced to sign a
number of documents, not knowing the contents because he was blindfolded, and to
fingerprint 30 to 40 documents that he was told was the full investigation report.524
350. As noted earlier in this report (see para. 155), the constitutional safeguard establishing
that a person in custody shall be presented before a court within 24 hours from the time of
arrest is systematically denied. In virtually all cases investigated, detainees have no access to
a court, and even less access to a lawyer during the interrogation period. This significant time
gap allows for torture and cruel and inhuman treatment to be committed and to continue with
impunity, as by the time the defendant is brought before the prosecutor or even later before
the court, time-sensitive evidence of physical abuse has been lost. A legal representative of
one client referred to the difficulties in having courts make findings in relation to such torture.
In the case of his client, who testified that he had been tortured during interrogation by the
Houthis, the judges appointed a commission to investigate the allegations. The latter found
that the evidence presented was insufficient to prove the violations as there was no medical
record and, due to the lapse of time between the events and the investigation, no significant
signs were visible any longer on the body of the victim.525
519
Confidential sources on file.
Confidential sources on file.
521 A/HRC/42/CRP.1, including paras. 921 and 249.
522 Confidential sources on file.
523 Confidential sources on file.
524 Confidential sources on file.
525 Confidential source on file.
520
87
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