A/HRC/42/CRP.1
Houthi-Saleh fighters advanced north in the same direction.250 At 0830 hrs, as part of their
retreat, armed Resistance fighters released the detainee with mental health issues, and took
the remaining six detainees with them in two armoured vehicles to the Sri Hingraj Mataji
Mandir Temple. Twenty family and friends of detainees waiting for their release saw this
and followed the vehicles to the location. The fighters were joined by others in a third
armoured vehicle and they parked their vehicles inside the entrance of the temple
compound. There were 30 Resistance fighters in total. They took the six prisoners to an
open area in front of and slightly to the east of the main temple.
199. All six of the detainees were handcuffed. The four civilians were forced by the
fighters to lie down on the ground away from each other on their fronts. The fighters then
proceeded to fire a number of shots into their backs around the area of the heart using semiautomatic firearms. At the same time other fighters held the two former Houthi-Saleh
fighters, and started cutting their throats with knifes. They stopped before they removed
their heads completely.251 By 12:00 hrs, Houthi-Saleh fighters had gained control of the
district and the Craiter police station and the latter was found to be empty.252 According to
information gathered by the Group of Experts, all six bodies had been buried in the
temple.253 A comparison in Satellite imagery from the 23 April 2015 and 17 May 2015
shows a 20-metre long area of probable disturbed earth in the immediate vicinity of the
killings, congruent with the alleged gravesite.
Violations
200. Arbitrary deprivation of life is strictly forbidden under international human rights
law.254 When an unlawful killing is carried out by representatives of authorities in control of
an area who act as law enforcement officials, it amounts to an extrajudicial execution.
Under international humanitarian law, when – within the context of an armed conflict – a
party to the conflict intentionally kills a person who does not take a direct part in hostilities,
or who has ceased to do so, it amounts to wilful killing or, in a non-international conflict, to
murder.255 Murder is a serious violation of international humanitarian law, hence a war
crime that may lead to individual criminal responsibility. 256
201. In the case described above, the Group of Experts has reasonable grounds to believe
that the Resistance forces have perpetrated extrajudicial executions in killing six
individuals who were not directly participating in hostilities at the temple’s compound.
These acts may lead to individual criminal responsibility for the war crime of murder.
(h) Landmines
250
Confidential Sources on File.
Confidential Sources on File.
252 Confidential Sources on File.
253 Confidential Sources on File.
254 Art. 6(1) ICCPR.
255 Art. 3 common to the Geneva Conventions, Art. 4(2)(a) Additional Protocol II; See ICRC Study
on customary IHL, rule 89.
256 Art. 8 2.(c)(i) Rome Statute.
251
47
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