A/HRC/42/CRP.1 following reported serious failures to uphold his right to a fair trial, including the fact that most of his hearings were conducted in absentia while he was in detention, and the fact that his lawyer and himself were reportedly not provided with copies of his sentence, hence impeding his ability to appeal against his death sentence.623 Haydara was more than once denied the right to attend his hearings. His case remained ongoing at the time of finalization of this report. Violations Restrictions on fundamental freedoms 407. Fundamental freedoms are guaranteed under international human rights law. These include the freedom of opinion and expression624, the right of peaceful assembly625 the right to freedom of association626, which includes the freedom to engage in political parties, and the right to freedom of thought, conscience and religion.627 Fundamental freedoms may be restricted, but only as provided by law and as necessary for the protection of the rights and freedoms of others, as well as for the protection of national security, public safety, order, health or morals. 408. The Group of Experts has reasonable grounds to believe that the de facto authorities, in all the cases described above, have unlawfully restricted the fundamental freedoms of opinion and expression, peaceful assembly, association and freedom of thought, conscience and religion, in violation of their human rights obligations. Unlawful restrictions have included harassment and intimidation of individuals or groups, banning or suspending media outlets, shutting down civil society organisations and dispersing peaceful gatherings by force. As illustrated by the cases described above, the violation of fundamental freedoms frequently involved enforced disappearance and arbitrary detention, followed by illtreatment in detention. 409. With regard to the right of peaceful assembly – and specifically in relation to the women’s peaceful gathering on 6 October 2018 – every person is allowed to participate in lawful and peaceful assemblies and only unlawful assemblies may be dispersed by law enforcement officials. In the dispersal of unlawful, albeit non-violent, assemblies, law enforcement officials shall avoid the use of force or, where not practicable, shall restrict such force to the minimum extent necessary.628 In addition, inhuman, humiliating or degrading treatment is also strictly prohibited under both international human rights law and international humanitarian law629, and may lead to individual criminal responsibility for the war crime of outrage upon personal dignity.630 410. The Group of Experts has reasonable grounds to believe that the de facto authorities used excessive force against the women attempting to demonstrate on 6 October 2018 in Sana’a, and that they are responsible for humiliating and degrading treatment against these women. In addition, there are reasonable grounds to believe that the women who attempted to take part in the peaceful demonstrations were arbitrarily arrested and detained, and subjected to ill-treatment while being interrogated. These acts may lead to individual criminal responsibility for the war crime of outrages upon personal dignity. Arbitrary detention 623 Confidential Sources on File. International Covenant on Civil and Political Rights (ICCPR), art. 19; see also Human Rights Committee general comment No. 34, paras. 21–36. 625 Article 21 ICCPR. 626 Article 22 ICCPR. 627 Article 18 ICCPR. 628 Principles 12 and 13, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990. 629 Article 7 ICCPR, See Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Art. 3 common to the Geneva Conventions, art. 4 Additional Protocol II, See ICRC Study on customary IHL, rule 90. 630 Article 8 2.(c)(iii) Rome Statute. 624 100