A/HRC/39/43
62.
In August 2015, as pro-government forces moved north after retaking Aden, the
restrictions imposed by the Houthi-Saleh forces became acute. Snipers were used to enforce
the restrictions.
63.
Following his visit to Ta’izz in January 2016, the United Nations Humanitarian
Coordinator noted challenges to humanitarian access to three districts within the city that
had lasted several months.
64.
Based on the information available, during the period July 2015 to January 2016,
when they were at their most severe, the restrictions imposed by the Houthi-Saleh forces
appear to have been in violation of international law. However, further investigation on
restrictions and impediments imposed by all parties in Ta’izz is required.
3.
Arbitrary detentions, enforced disappearances, torture and ill-treatment
65.
Investigations by the Group of Experts confirm widespread arbitrary detention
throughout the country, and ill-treatment and torture in some facilities. In most cases,
detainees were not informed of the reasons for their arrest, were not charged, were denied
access to lawyers or a judge and were held incommunicado for prolonged or indefinite
periods. Some remain missing. Parties to the conflict are using undeclared detention
facilities in an apparent, and if confirmed unlawful, attempt to put detainees outside the
reach of the law. A few individuals detained in areas under the control of the de facto
authorities reported that they had been brought before tribunals where proceedings flouted
basic due process standards, including the right to legal representation. In Aden and
Mukalla, detainees have carried out hunger strikes protesting the absence of due process.
Death sentences have been passed and implemented in Sana’a and Aden, in the absence of
due process standards.
66.
In detention, during interrogation and while blindfolded and/or handcuffed,
detainees were beaten, electrocuted, suspended upside down, drowned, threatened with
violence against their families and held in solitary confinement for prolonged periods in
violation of the absolute prohibition on torture, cruel or inhuman treatment. Reports
indicate poor material conditions and grossly inadequate medical care for detainees. The
Group has also received allegations of deaths in custody.
67.
The Group of Experts conducted interviews related to detention by forces affiliated
with the Government, as well as by coalition forces, and visited Al Mansoura Prison and Al
Mansoura Block B (known as Bir Ahmed Prison II) in Aden.
68.
The criminal justice system had become largely defunct in the areas where progovernment forces reclaimed control. Coalition-backed forces were empowered to fill the
void, resulting in widespread arbitrary detention. Hundreds of individuals have been
detained for perceived opposition to the Government or to the United Arab Emirates.
69.
By early 2017, consistent reports began to surface of violations committed in
detention facilities or undeclared centres under the control of the United Arab Emirates.
President Hadi requested the coalition to hand over all places of detention and secret
prisons that had been created outside the framework of the State institutions and to deliver
case files to the judicial authorities (see S/2018/242). Dozens of detainees have since been
released but, as of June 2018, the Government officials still claimed very little authority
over detention facilities in the south.
70.
Detainees have been subjected to torture and other cruel treatment in facilities such
as the Al Rayyan and Bureiqa facilities (controlled by the United Arab Emirates); the 7
October facility in Abyan, Lahij Central Prison and Al Mansoura Prison (controlled by
Security Belt Forces); and Ma’rib Political Security (controlled by the Government).
71.
The Group of Experts also investigated sexual violence, including rape of adult male
detainees, committed by United Arab Emirates personnel. At the Bureiqa coalition facility,
detainees described being interrogated while naked, bound and blindfolded, sexually
assaulted and raped. At Bir Ahmed Prison, forces of the United Arab Emirates raided the
facility and perpetrated sexual violence. In March 2018, nearly 200 detainees were stripped
naked in a group while personnel of the United Arab Emirates forcibly examined their
anuses. During this search, multiple detainees were raped digitally and with tools and sticks.
10
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