Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville Location: Geneva 1 July 2011 (1) Yemen (2) DRC (3) USA/Mexico

(1) Yemen

The OHCHR mission to Yemen is going well so far with cooperation from the Government which has allowed our team full access. The team met the Vice-President in Sana’a as well as opposition leaders, NGOs and protestors in Sana’a and Taiz. They have conducted interviews, collected documents and visited the two key protest locations in Sana’a where anti-government and pro-government protestors have been gathering. The Government informed our team about the process they are undertaking to restart political dialogue.

They will be able to give more details upon their return, but so far, in addition to the work they have conducted in Sana’a, they have also seen for themselves the situation in Taiz, including visiting the square that was attacked on 29 May.

They have also visited two hospitals that were looted in the violence of late May.

During the next few days they are due to visit prisons and speak to internally displaced people elsewhere in Yemen as well, before their return to Geneva on 6 July.

(2) DRC

The UN human rights staff in the DRC have confirmed that large-scale rape, pillaging and cruel and degrading treatment were committed in Nyakiele in South Kivu province between 11 and 13 June 2011 by troops of the Armed Forces of the DRC (FARDC). A joint UN mission last weekend reached Nyakiele, which is located in a very remote location buried deep in thick forest. The mission also included UN humanitarian agencies, an NGO and provincial authorities. The UN Joint Human Rights Office staff on the mission interviewed, among others, medical personnel of the local health centre, local administrative and police authorities and alleged victims of these human rights violations, including of rape. According to their statements, the troops raped 121 women, stole 157 goats and looted other goods, including approximately USD 90,000 in cash and gold. Thirteen villagers were allegedly forced to transport the looted goods. It is believed that at least one other village in the area may have been affected during the soldiers’ rampage.

More in-depth investigations will be undertaken to further verify what happened during this deplorable event, and to identify the perpetrators. A second mission is planned to Niakele in the next few days.

(3) USA/Mexico

The High Commissioner is concerned about a death penalty case involving a Mexican national in the United States. The case involves Mr. Humberto Leal Garcia, who was sentenced to death for murder in Texas in February 1998, and whose conviction was confirmed by the Texas Court of Criminal Appeals in October 1999.

We understand that Mr. Leal Garcia is due to be executed next Thursday, 7July, but that the Governor of Texas has the power to commute the sentence to life imprisonment. The High Commissioner has written to him directly requesting him to do so.

Over and above the normal UN position opposing the death penalty, this case raises particular concerns, as Mr Leal Garcia was not granted consular access, which – as a foreign national -- is his right under Article 36 of the Vienna Convention on Consular Relations. The lack of consular assistance and advice raises concerns about whether or not Mr. Leal Garcia’s right to a fair trial was fully upheld.

The conduct of his case also raises questions regarding compliance with the International Court of Justice judgement in the 2004 case of Avena and Other Mexican Nationals (Mexico v. United States of America). In this judgment the ICJ ruled that, as a remedy for the violations of Article 36 of the Vienna Convention on Consular Relations, the United States must provide “review and reconsideration” of Mr. Leal Garcia’s conviction and sentence.

For more information or interviews, please contact spokesperson Rupert Colville (+41 22 917 9767 or rcolville@ohchr.org ) or press officers: Ravina Shamdasani (+ 41 22 917 9310 or rshamdasani@ohchr.org ) or Xabier Celaya (+ 41 22 917 9383 or xcelaya@ohchr.org )

Follow us on social media:
http://www.facebook.com/unitednationshumanrights
https://twitter.com/unrightswire

ENDS