A/HRC/45/CRP.7
176. The physical, psychological, socio-economic, and gendered impact of these violations
for victims, their families and their communities are complex and severe.
177. Detainees who had been tortured described to the Group the injuries and pain endured
in the course of violations, and the long-term physical and psychological trauma. For the
most part, no medical treatment or rehabilitation is available for detainees during detention
and after their release, unless they can afford to pay and are able to flee to safe areas.
Survivors of sexual violence, and women former detainees, particularly struggled to access
services due to stigma and a lack of specialist gender-based violence services.253 Specialised
treatment and rehabilitation for victims of torture is not available. Detainees spoke of the
financial strain on them and their families after they had paid large sums of money to learn
the whereabouts of their loved ones, visit them or to seek their release, barring them from
being able later to pay for any medical care and other essential support, including legal aid.
178. Some former detainees told the Group upon their release that they were unable to
return home because they had been released through a prisoner exchange to a different
governorate, or they had been forced to relocate to a safer area, under the control of a different
party to the conflict. This displacement involves financial costs, the loss of property and
livelihoods, separation from families and communities, as well as the psychological impact
on the victims and their family. Others who were released and continued to live in areas under
the control of those who had detained them were unable to leave, and spoke of their fears of
reprisal.
179. Many men and women released after prolonged detention, found themselves jobless
and with no income; their families having survived their detention by relying on savings, or
support from relatives, or women and girls in their families taking on extra economic burdens,
as previously found by the Group.254 Children and young people who were detained similarly
lost months or years of secondary or higher education, with profound implications for their
futures. In addition to the socio-economic consequences, the families of detainees have
endured the psychological impact of their loved one’s detention or disappearance.
180. The lack of legal redress, the failure to investigate and prosecute those responsible for
the violations, and the lack of reparations leaves victims disillusioned, with a sense of
hopelessness and lack of trust in the justice system.
5.
Legal findings
181. The Group of Experts concludes that parties to the conflict are continuing to engage
in arbitrary detention, torture, including sexual violence, and other forms of ill-treatment, and
enforced disappearance in violation of international human rights law and international
humanitarian law. Such acts may amount to war crimes, including cruel treatment and torture,
committing outrages upon personal dignity, and rape and other forms of sexual violence.
E. Gender and gender-based violence
Applicable law
182. Yemen has ratified a number of treaties enshrining the fundamental principle of
equality and non-discrimination. In both ICCPR and ICESCR, for instance, there are clear
statements that men and women must enjoy all rights equally and without discrimination on
the basis of sex.255 CEDAW provides a more detailed framework concerning nondiscrimination against women. The fundamental importance of non-discrimination is
replicated in other human rights instruments. While treaties refer to discrimination on the
basis of sex, this report uses the terms “gender-based discrimination” and “gender-based
violence” to take into account the underlying social construction of roles that underpins these
violations.
253
See section on Gender and Gender-Based Violence, paras. 192 and ff for more details.
A/HRC/42/CRP.1 paras. 624 and 625
255 ICCPR, arts. 2(1), 3 and 26; ICESCR, arts. 2(2) and 3.
254
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