A/HRC/18/21
44.
Acts of torture appear to have been committed also by opposition supporters.
Notably, the Mission met with a young poet who had been tortured by anti-government
supporters in May 2011. He was released after having his tongue cut out for having praised
the President. Similarly, some clerics who have spoken in favour of the President allegedly
faced harassment, threats, assault and/or damage to their property.
D.
Right to an effective remedy and accountability
45.
In many cases, victims, members of their family and lawyers who met with the
Mission indicated that they did not trust the country’s judicial institutions, to the extent that
they refrained from filing complaints or cooperating with investigators. The Chief
Prosecutor in Ta’izz confirmed to the Mission that such behaviour indeed had a negative
impact on his efforts to investigate the events of 29 May 2011 in Freedom Square. The
Mission received multiple complaints about the lack of independence and professionalism
of the Yemeni judiciary. Furthermore, Government security officials were reported to often
fail to comply with prosecutorial and/or judicial decisions. The Mission noted that the
Attorney General, who had initiated investigations into the events of 18 March in Sana’a,
and personally visited Change Square to ask for cooperation, was subsequently removed
from his post and appointed to an advisory position in the judiciary.
46.
A list of disciplinary actions taken against Central Security Forces personnel from
2004 to 2011 was submitted to the Mission by the Forces’ leadership. It includes the cases
of seven officers who had committed minor offences in 2011, none of which was related to
arbitrary detention, torture or excessive use of force. The Ministry of Interior reported that
four security personnel from Aden were scheduled to appear before the disciplinary council
in Sana’a for violating rules and procedures on 1 March 2011; no details on the outcome
were provided. Seven officers and six individuals were reportedly investigated for violating
rules, and two officers have served their sentences since January 2011. In addition, over
150 security personnel were facing charges before military courts, but the Mission was not
informed of the nature of the charges.
47.
Neither the National Security nor the Political Security submitted information on
internal disciplinary procedures or personnel under prosecution or trial. Copies of
complaints filed with the General Prosecution and the Criminal Investigation Department
were submitted to the Mission, but no information was provided on any internal or criminal
investigation or prosecution. Except for the victims of the 18 March 2011 events in Sana’a,
whose families are to be compensated by order of President Saleh, the Mission was not
informed of any concrete measures to provide remedies for other victims of serious human
rights violations committed during the recent period of unrest.
E.
Freedom of expression and opinion
48.
According to reliable sources, journalists have been particularly affected since the
beginning of the current events. Reportedly, at least one journalist was killed in Sana’a on
18 March 2011, 68 others were injured, 27 arrested, 31 received specific threats, 15 had
their professional equipment confiscated. Furthermore, 52 incidents of publications being
seized or websites hacked or suspended have been reported.10 The contracts of a large
number of journalists employed by State-run media were allegedly terminated following
their participation in anti-government protests. On 24 May 2011, the headquarters of the
Yemeni National News Agency, Saba, were damaged during clashes in Sana’a. The next
10
This account is not exhaustive.
11
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