A/HRC/45/CRP.7 strengthen the rule of law continue, even during the current conflict.578 However, deeper justice sector reform has stalled.579 386. During the current conflict, the judicial sector has been further weakened and fragmented. Prosecutors and courts are simply not functioning in some areas of the country, particularly in the south. The Group of Experts has received multiple reports of a lack of responsiveness by authorities in investigating and prosecuting alleged violations, notwithstanding the progress in some cases referred by the NCOI to the Attorney-General. Judges and other judicial actors continue to face attacks or threats of attacks or other forms of harassment. A climate of intimidation infects the system, with some judicial actors reluctant even to pursue action in relation to attacks on themselves, and a significant degree of self-censorship reported by some actors given prevailing pressures. Corruption continues to be raised as an ongoing issue by interlocutors. 387. Notwithstanding the way in which many judicial officials have sought to defend their independence and continue to carry out their functions, the current dual governance system (including dual Supreme Judicial Councils, Higher Judicial Institutes and Presidents of the Supreme Court) across the Government of Yemen/de facto authorities divide,580 has further eroded trust in the ability of the formal justice system to render impartial justice. In this report’s section on the Administration of Justice (see paras. 334 and ff), the Group of Experts has highlighted serious human rights violations occurring in this sector. In some areas, the judicial system has been co-opted to pursue political goals: e.g., in the abbreviated trials in the Specialized Criminal Court of Sana’a against members of parliament or journalists. More generally, there are significant deficiencies with respect to ensuring fair trial guarantees. The authority and legitimacy of some judges and courts is disputed (e.g., with some judges and courts operating within areas controlled by the de facto authorities not recognised by Government of Yemen authorities).581 The Group of Experts is not aware of any vetting processes to identify and remove judicial or prosecutorial officials involved in past or present violations. 388. Any future prosecutions of perpetrators of violations committed in the context of the conflict in Yemen may be particularly sensitive, with a significant risk of reprisals for those taking part in the proceedings. A pervasive climate of fear and distrust of authorities already reduces individuals’ willingness to make official complaints and participate in legal proceedings. In the absence of rigorous security measures for judicial actors and an appropriate programme of victim and witness protection, the Group of Experts is concerned that the safety of participants (whether as judges, prosecutors, defence counsel, court staff, accused, victims and witnesses) would not be assured. Furthermore, there would need to be a significant increase in political will across the political spectrum to uphold and protect the independence of the system in dealing with politically charged cases. 578 See for instance, UNDP, Enhanced Security, Safety and Protection at the Local Level in Yemen: Rule of Law Project Annual Report 2019. 579 The stalling of such reform has been attributed by some to a lack of political will or capacity to tackle justice reform at a time of political uncertainty and state frailty, Erica Gaston and Nadwa alDawsari, Justice in Transition in Yemen: A Mapping of Local Justice Functioning in Ten Governorates (2014), p. 6. 580 In addition to the formal justice system in Yemen, there is an informal justice system (e.g., tribal mediation) which is often resorted to more frequently than the formal justice system. AQAP also established its own justice system in areas under its control. The Group of Experts considers it important that criminal trials relating to serious violations committed in Yemen be dealt with through the formal justice system. 581 After the Supreme Judicial Council in Aden issued Decree No 15 of 2018 moving the Criminal Court and Appeals Division from Sana’a to the Mar’ib Governorate, the Government of Yemen authorities have regarded rulings issued by the court in Sana’a as void because of a lack of jurisdiction and illegal formation: see e.g., Seventh Report, National Commission of Inquiry, p. 7, footnote 6. Some appointments within the judicial sector (e.g. judges/prosecutors) of both the de facto authorities and the Government of Yemen appear to be at variance with the requirements of Yemeni law. 97