A/HRC/42/CRP.1
some cases blindfolded during their interrogation. Prior to their release, many were asked to
sign commitments agreeing not to take part or organize community gatherings again.
Restrictions on the freedom of association, including political affiliation
The case of 36 male detainees, 30 of whom were sentenced to death
404. The Group of Experts looked into the detention and trial of 36 men, aged between
21 and 48 at the time of their arrest, including a university professor, teachers, students
(14), a school principal, workers, engineers, and former government employees, who were
arbitrarily arrested in different parts of northern Yemen by security forces of the de facto
authorities at various points in time, towards the end of 2015 and in 2016, without being
informed of the charges against them at the time of arrest. 619 Most of them were reportedly
members or supporters of al-Islah, which suggests that their arrest may be linked to their
political affiliation. The 36 detainees were forcibly disappeared at different stages of their
detention, and held in solitary confinement for extended periods of times, up to 6 months at
a time. In April 2017, charges were brought against them, including membership of the
military wing of al-Islah, participating in assassinations, detonating bombs, undertaking
military training in Mareb, and tracking movements of Houthi and GPC personalities. On 9
July 2019 the Specialized Criminal Court in Sana’a sentenced 30 of these men to death and
acquitted six.
405. The Group of Experts found that throughout the judicial process, there was a total
lack of respect for the rights of the accused to due process and fair trial guarantees. The
most serious violation related to the fact that judgment was based on confessions obtained
under duress. During the questioning by the prosecuting authority, many defendants denied
the charges against them, claiming that their testimonies were extracted following torture.
There are credible allegations that many of them were ill-treated and tortured in different
detention centres, including the General Directorate of the Criminal Investigation in Sana’a
where they were interrogated by security forces immediately following arrest, and in the
Political Security detention centre where they are currently detained. At different public
court hearings, detainees stated that they were subject to ongoing ill-treatment. Once their
trial had begun, defendants who had appointed a lawyer were not able to meet with them
until their first appearance before the prosecuting authority. Lawyers and defendants were
not allowed to hold meetings in private. Some defendants were questioned by prosecutors
without the presence of lawyers. Even during the hearings, defence lawyers were not
allowed to speak to their clients. They were not adequately informed of the calendar of
hearing sessions, nor granted time for the preparation of their defence or for intervening in
court sessions.
Restrictions on the freedom of thought, conscience and religion
Death sentence against a Baha’i detained since 2013
406. The Group of Experts investigated various cases of targeting of members of the
Baha’i faith in Yemen,620 including charges brought against more than 20 individuals and
the ongoing trial of a Baha’i man, Jawahir Hamid Kamal Bin Haydara, who has been held
in detention since 2013, prior to the de facto authorities’ takeover of Sana’a. Based on
information received,621 the Group of Experts is concerned that the accusations brought
against Bin Haydara, who was sentenced to death in January 2018, are centred around his
religious beliefs. Bin Haydara was reportedly kept in incommunicado detention for nine
months at a time.622 Haydara was arrested in 2013 while Sana’a was under the control of the
Government of Yemen, however, his trial began on 18 January 2015, after the de facto
authorities had imposed their control over Sana’a. Haydara was sentenced to death
619
Confidential Sources on File.
For further details on the situation of the Baha’is, see chapter on Impact of the conflict on
minorities.
621 Confidential Sources on File.
622 Confidential Sources on File.
620
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