A/HRC/27/44
B.
Extrajudicial killings
24.
In December 2013, in south Yemen, the thirty-third brigade of the Yemeni Armed
Forces mounted a military operation against different targets in Al Dhale’a Governorate. A
major incident occurred on 27 December 2013, when the brigade carried out a strike on the
funeral procession of an alleged member of the southern separatist movement Al Hirak in
the city of Sanah. The attack resulted in 21 civilians killed, including four children, and
approximately 30 injured.
25.
On 28 December 2013, President Hadi set up an investigation commission,
composed of security and military officials, to investigate the events in Al Dhale’a and to
report to the Supreme Security Council. On 29 December 2013, the commission was
deployed to the incident’s location. At the time of reporting, the commission had not made
any of its findings public.
26.
On 16 January 2014, indiscriminate attacks and shelling by government forces
against civilian targets resumed in many parts of Al Dhale’a, including Al Dhale’a city,
Al Houd, Al Kabar, Al Jaleelah and Al Wa’erah. The operation resulted in 10 civilians
killed, including two children, and 20 civilians injured. According to the information
available, shelling began when armed men affiliated with Al Hirak attacked a checkpoint
manned by the thirty-third brigade and crossfire between the two groups led to a number of
casualties.
27.
According to local NGOs, between December 2013 and February 2014, at least
43 individuals were killed, including eight children, and 70 civilians were injured as part of
the military operations in Al Dhale’a. At the time of reporting, no report from the
investigation commission had been issued and no individuals connected to the incidents had
been prosecuted.
C.
Death penalty
28.
Yemen has not ratified the Second Optional Protocol to the International Covenant
on Civil and Political Rights, aiming at the abolition of the death penalty. National
legislation in Yemen imposes death penalty sentences for a very wide range of offences,7
including for financial crimes, blasphemy, offences committed under Hodoud (religiously
ordained crimes) and Qisas (death in retribution), drug-related offences as well as crimes
that appear to have a political dimension. The Penal Law maintains death by stoning for
extramarital heterosexual and homosexual intercourse.8 The Law also prescribes death by
stoning for extramarital heterosexual and consensual adult homosexual conduct.
29.
Yemen has not established a moratorium on the use of the death penalty and it
continues to impose capital punishment. According to official figures provided by the
General Prosecutor’s Office, between 1 July 2013 and April 2014, authorities executed
15 adults. At the time of writing the present report, there were 52 persons on death row
believed to have been under 18 years of age when they committed offences. UNICEF
submitted the list of 52 death row prisoners to the Office of the President of Yemen with a
7
8
8
A total of 315 types of offence are punishable by the death penalty. In Yemen the death penalty is
provided for in four main laws: the 1994 Penal Law, the 1998 Law on combating kidnappings, the
1998 military Penal Code; and the 1993 Law on combating trafficking and illicit use of drugs and
psychotropic substances. The draft Law on combating human trafficking proposes to introduce a new
sentence punishable by death.
In accordance with international human rights jurisprudence, these crimes do not meet the threshold
of “most serious crimes” and must not be punishable by death (A/HRC/27/23, paras. 28–39).
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