A/HRC/42/CRP.1 right to a fair trial may be considered a war crime in a non-international conflict.576 Based on its investigations, the Group of Experts has reasonable grounds to believe that enforced disappearances were perpetrated by the de facto authorities in Ta’izz, along with a practice of arbitrary detention, including the violation of fair trial rights, mainly of persons perceived as opponents to the de facto authorities. Based on its investigations, the Group of Experts has also reasonable grounds to believe that torture and ill-treatment has been used by the de facto authorities in the detention facilities of Ta’izz. These acts may lead to criminal responsibility for the war crimes of torture, cruel or inhuman treatment, outrages upon personal dignity, and possibly denial of fair trial. D. 1. Life in Sana’a and other areas under de facto authority control Arbitrary arrest and detention, enforced disappearances, torture and other illtreatment, and violations of fundamental freedoms in Sana’a (a) Background 371. The takeover of Sana’a by Houthi-Saleh fighters was partly enacted through their seizure of the military and security formations in Sana’a, as well as their control over former state institutions. The political leadership began to exercise de facto control over the administrative and security functions in the capital. This led to a dramatic surge in arbitrary arrests and detentions, which increased further as coalition airstrikes began on 26 March 2015 on Sana’a.577 From that time, a growing climate of fear prevailed over the capital and other areas in the north. The de facto authorities targeted perceived “opponents”, be they members of political parties, social and human rights activists, journalists and members of specific religious and other communities. Civic space, which had opened up following Yemen’s 2011 popular revolution, was severely reduced, and respect for fundamental freedoms was undermined, including the rights to freedom of opinion, expression, assembly and association. 372. The Group of Experts focused its investigations on violations of these rights during the period 2018 - 2019, although some serious allegations of human rights violations prior to these dates were also investigated. The focus on this period was mainly linked to changes that occurred in Sana’a following the death of former President Ali Abdallah Saleh in December 2017, the subsequent split of the GPC and the growth of the Houthis’ political hegemony over northern areas under their control. “The problem is beyond torture... It is the loss of humanity I cannot accept”.578 Former detainee, Sana’a 373. While the Group of Experts documented patterns of arbitrary detention and illtreatment in most cases of detention by the de facto authorities in Sana’a, this section focuses on cases of arbitrary detention, enforced disappearance and torture during the period June 2018 to June 2019. A sample of cases from prior to this period is also included to demonstrate the ongoing pattern of political repression targeting specific groups such as journalists and media workers. Released detainees, their relatives, and activists alike expressed their fear of communicating with the Group of Experts, especially in cases where the de facto authorities had forced detainees to sign statements warning them against reporting on their detention once released. Victims and witnesses also feared being under surveillance. In some cases, victims who had already left Sana’a were still apprehensive about being in contact with the Group of Experts.579 576 ICRC Study on customary IHL, rule 100. UN Human Rights Yemen Report 2015 - A/HRC/30/31, p. 4. 578 Confidential Sources on File. 579 Confidential Sources on File. 577 90