A/HRC/42/CRP.1 368. Several former detainees alleged that they were subjected to acts of torture and illtreatment.565 They reported being repeatedly subjected to beatings, including using electric wires and electric shocks, during the investigation stage of their detention and were accused of being members of the Resistance and “Da’esh”.566 The Group of Experts received several reports of deaths in custody, which were also accompanied by allegations of torture and illtreatment during the detention.567 In one case, a journalist died less than two days after being released in a critical condition after he had reportedly been tortured during his yearlong detention in Saleh City Prison.568 The Group of Experts investigated another two cases where detainees died shortly following their release as a result of medical complications, reportedly related to torture in detention.569 In another case, a 40 year-old man died in hospital a week after being brought there after two years in a Houthi detention facility. It is difficult to establish the exact circumstances that caused their death as medical reports do not establish the cause and forensic reports are rarely available. However, it was clear that in some cases torture had at least contributed to the deaths of detainees. 369. The Group of Experts received multiple allegations of cases of arbitrary detention and enforced disappearance, including by the Abu al-Abbas battalions, the 22nd Mechanized brigade, groups reportedly affiliated with al-Islah, and others in Ta’izz, and notes that the investigations into these were not completed in time for inclusion in this report. Those allegedly disappeared include members of different military units, in what appears to be a tit for tat for leveraging influence, as well as political and social figures. 570 Individuals were reportedly held in unknown detention facilities run by the different military and intelligence units. Activists, families and lawyers on the ground reportedly tried to submit legal cases and sought information from the prosecution, police and governor of Ta’izz on the whereabouts of individuals.571 However, families were afraid to pursue cases and the criminal justice responses to allegations of human rights violations remained limited.572 370. Enforced disappearance is prohibited by international human rights law and international humanitarian law, notably as a violation of the prohibition of arbitrary deprivation of liberty and possibly of the prohibition of torture.573 International human rights law and international humanitarian law also prohibit arbitrary detention,574such as when the right to a fair trial or other procedural guarantees are not respected, or when the detention is based on the exercise of fundamental freedoms. 575 Depriving a person of the 565 Confidential Sources on File. The Group of Experts has received a multitude of reports from former detainees in different parts under the control of the de facto authorities, indicating that the latter were referring during interrogations and torture to detainees as “Da’esh”, regardless of their political or religious affiliation, but on the grounds of being perceived as opponents. 567 Confidential Sources on File. 568 https://womenpress.org/en/womenpress-news/yemeni-journalist-dies-just-days-after-release-byhouthis.html. 569 Confidential Sources on File. 570 Confidential Sources on File. 571 Confidential Sources on File. 572 Confidential Sources on File. 573 Article 9 ICCPR and Art 1 International Convention for the Protection of All Persons from Enforced Disappearance (CED); ICRC Study on customary IHL, rule 98. 574 Article 9 and 14 of ICCPR; Article 3 Common to the Geneva Conventions and Article 4 Additional Protocol II; ICRC Study on customary IHL, rule 99. 575 Article 9 and 14 of ICCPR; see also Human Rights Committee general comment No. 35 (2011) on liberty and security of person; and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (A/RES/43/173); The Working Group on Arbitrary Detention has identified five legal categories relating to arbitrary detention: (a) when there is no legal basis for the deprivation of liberty, (b) when the deprivation of liberty results from the exercise of fundamental freedoms, (c) when the violations of norms relating to the right to a fair trial are of such gravity as to give the deprivation of liberty an arbitrary character, (d) when migrants are subjected to prolonged administrative custody without the possibility of administrative or judicial review or remedy, and (e) when the deprivation of liberty reflects discrimination, notably based on birth, national, ethnic or social origin, language, religion and political or other opinion (see Methods of work of the Working Group on Arbitrary Detention, A/HRC/36/38). 566 89