A/HRC/42/CRP.1
detention centre when the detainee was about to be released after he had spent nearly a year
in arbitrary detention.580
“I was shouting and saying this is a lie and my father was shutting my mouth
and crying- he feared I would be returned. Then I said: “true, it is all true.”
Former detainee recounting his release through the “warrant” system
375. The de facto authorities regularly resort to practices outside the framework of the
judicial system for releasing detainees. One practice involves obtaining a “warrant” signed
by an individual – the guarantor – who is then responsible to bring the detainee back to the
de facto authorities if they so require in the future. Separately, some detainees have been
released as part of an exchange of prisoners organized with tribal sheiks. In one case
documented by the Group of Experts, the detainee was “delivered” to a group of people
including relatives and tribal and social figures.
376. The Group received reports that around 100 women and men were detained for the
alleged crime of taking part in prostitution rings. The frequency of these types of charges
reportedly increased considerably from the time the de facto authorities took control of
Sana’a.581 While the de facto authorities launched a campaign against prostitution,
information received indicates that accusations of acts of “immorality” have been used to
cover some politically-motivated cases. Social stigma renders women accused of such
crimes very vulnerable to societal and family pressures and exclusion. The Group further
received reports alleging that both men and women lawyers were reluctant to deal with
these cases and that family members were unwilling to seek legal assistance for their
relatives. The Group has serious concerns that the use of prostitution charges in this manner
by the de facto authorities appears aimed at taking advantage of the vulnerabilities created
by the stigmatization related to the nature of the charges.
377. The cases investigated by the Group of Experts also raise concerns over the
independence of the judiciary in territories controlled by the de facto authorities. In one
case, sources and victims reported to the Group that people were arrested by the
prosecution, without warrants or legal grounds, while they were attending a hearing in
another case.582 In at least three cases, due process guarantees and fair trial rights were
blatantly violated.583
Enforced disappearances
“After three months [of enforced disappearance in the political security in
2015] in solitary confinement, I was allowed to call my wife and mother for
one minute and thirty seconds. I only could say ‘Hi, it is me’ but I was not
allowed to mention the place of detention”584
Youth activist detained for criticizing the Houthis on his Facebook page
378. The practice of enforced disappearance is widespread. The Group documented 45
cases of men and one girl who were subjected to enforced disappearance, in some cases
more than once, during their detention. Enforced disappearance was almost systematic in
documented cases of detention of political opposition. In 2015 and 2016, the de facto
authorities used a myriad of secret detention places in Sana’a, which made it impossible for
detainees’ relatives to determine their whereabouts. Unofficial places of detention included
private houses, apartments, mosques, basements, and the presidential residence.585 More
recently, the Group documented various cases of detention in secret locations and
580
Confidential Sources on File.
For further details, see chapter on Gender analysis and gender-based violence, section on the
Impact of the conflict on gender norms.
582 Confidential Sources on File.
583 See below the cases of the 10 journalists, the 36 detainees and individuals of Baha’i faith. For
further details on Baha’i cases, see chapter on Minorities.
584 Confidential Sources on File.
585 For further details, see map on previous page.
581
92
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