Presidential affirmations by Chairman of the Presidential Leadership Council Dr. Rashad al-Alimi concerning the central role of the judiciary in upholding the rule of law,

prosecuting those responsible for crimes, and protecting victims’ rights are significant. Their value, however, will depend on whether they are translated into concrete institutional measures that move documented violations beyond recording and allegation toward an effective judicial process, from investigation and evidence-gathering through prosecution and adjudication to enforceable judgments and redress for victims. These commitments come after more than eleven years of grave and widespread violations in Yemen, leaving thousands of victims and cases awaiting investigation, accountability, and remedy. At stake are victims’ rights to truth, justice, and effective remedy, as well as the credibility of Yemen’s justice institutions.

Background

Dr. Rashad al-Alimi, Chairman of the Presidential Leadership Council, has affirmed the pivotal role of the judiciary in enforcing the rule of law and pursuing those responsible for crimes. He has also stated that there will be “no impunity” and that no future political settlement can extinguish victims’ rights or the grave crimes committed.

Earlier this year, presidential directives were issued concerning the closure of unlawful detention facilities in Aden and governorates that had been under the control of the Southern Transitional Council, disclosure of the fate of forcibly disappeared persons, and release of persons held arbitrarily.

Over more than eleven years of conflict, violations have been attributed to multiple parties. The Houthi militia has been accused of grave violations and crimes against civilians, while grave violations and crimes have also been attributed to other parties, including military and security formations affiliated with the Southern Transitional Council and, in other cases, government military and security forces.

The National Commission of Inquiry into Alleged Violations of Human Rights has documented and investigated alleged violations and, over recent years, referred thousands of completed case files to the Office of the Public Prosecutor. A United Nations document recorded the Commission’s referral of approximately 5,000 files to the Public Prosecutor’s Office and indicated that their review had been assigned to a judicial committee. The UN Human Rights Council has previously called on Yemeni prosecution and judicial authorities to complete judicial proceedings in accordance with international fair-trial and due-process standards and to pursue justice and accountability for violations and abuses.

Reports have documented cases of enforced disappearance and arbitrary detention, as well as continuing uncertainty regarding the conditions of some detention facilities and the fate of persons held there. Yemeni and international human rights organizations have also documented alleged violations through victim and witness testimonies, records concerning victims, detainees and missing persons, and photographs, videos, documents and other materials relating to reported incidents.

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