A/HRC/42/CRP.1
forensic reports relating to the death of three male detainees that point towards the
occurrence of acts of violence against the deceased. One, for instance, described the
existence of bruises in various parts of the body, caused by “the use of a heavy tool”. The
Group received further allegations of deaths in custody in facilities where political
detainees were being held and where ill-treatment has been documented but no forensic
report was available. The number of cases received alleging death as a result of torture or
ill-treatment warrants further examination as investigations into these cases were not
completed by the time of finalization of this report.
424. The Group of Experts also documented a situation in which members of the Houthis
requested a ransom from family members to return the body of their relative who allegedly
died as a result of torture in custody in 2016. As the family did not manage to collect the
requested amount, they were not able to retrieve the body and bury it themselves. In the end
the de facto authorities buried the deceased, and at the time of writing the family was still
trying to collect the money to exhume the body and re-bury him on their own terms.665
Violations
425. Torture and other cruel, inhuman or degrading treatment are strictly prohibited under
both international human rights law and international humanitarian law. 666 Rape and other
forms of sexual violence are also prohibited by international human rights law and
international humanitarian law.667 These acts may lead to individual criminal responsibility
for war crimes.668
426. Based on its investigations, the Group of Experts has reasonable grounds to believe
that torture and ill-treatment has been used in all the detention places under the supervision
of the de facto authorities in Sana’a where it investigated cases i.e. the Criminal
Investigation Department,669 the Political Security detention centre,670 the National Security
detention centre,671 Central Sana’a prison,672 al-Thawra prison,673 and Habrah prison,674 as
well as in their secret detention places and some police stations. The Group of Experts also
has reasonable grounds to believe that torture has been used during interrogations, mainly
to coerce confessions, or to humiliate detainees, in the Criminal Investigation Department,
National Security detention centre and Political Security detention centre.
427. Sexual violence was also used in detention centres, including to torture detainees.
The Group of Experts has reasonable grounds to believe that sexual violence was used by
the de facto authorities in the Political Security detention centre, the National Security
detention centre675 and the Criminal Investigation Department.676
428. These acts may lead to individual criminal responsibility of members of the de facto
authorities for the war crimes of torture and outrages upon personal dignity, as well as of
rape and other forms of sexual violence.
2.
Coalition airstrikes in northern areas including Sana’a, Sa’dah, and Hajjah
(a) Context
665
Confidential Sources on File.
Article 7 ICCPR, See Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; Article 3 common to the Geneva Conventions, article 4 Additional
Protocol II, See ICRC Study on customary IHL, rule 90.
667 Article 7 ICCPR; Article 3 common to the Geneva Convention, Article 4 Additional Protocol II,
See ICRC Study on customary IHL, rule 93.
668 Article 8 2.(c)(i) and (ii), and Article 8 2.(e)(vi) Rome Statute.
669 Confidential Sources on File.
670 Confidential Sources on File.
671 Confidential Sources on File.
672 Confidential Sources on File.
673 Confidential Sources on File.
674 Confidential Sources on File.
675 Confidential Sources on File.
676 Confidential Sources on File.
666
105
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