A/hrc/28/68/Add. 1 Advance Version

(a) JAL 31/01/2014 Case No. TJK 1/2014 State Reply: 29/04/2014 Allegations concerning the circumstances of the death of Mr. Umed Tojiev.

525. 
     The Special Rapporteur thanks the Government of Tajikistan for its reply, dated 29.04.2014, to the present communication.
     
526. 
     The Rapporteur takes note of the information provided by the Government that an investigation into the death of Mr. Tojiev was conducted and that a criminal case against the perpetrator is still ongoing.
     
527. 
     The Rapporteur however finds that the Government’s reply does not sufficiently address the concerns raised in the initial communication, and for that reason the Government does not fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, nor does it comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
528. 
     In the absence of substantial information to the contrary, the Rapporteur concludes that Mr. Umed Tojiev died as a result of injuries sustained jumping from a window in police headquarters in a desperate attempt to escape very serious and cruel torture inflicted on him to force him to incriminate himself. Tajikistan is internationally responsible for his extreme torture and for failing to protect his physical and mental integrity while in detention, resulting in his death.
     

529. 
     The Special Rapporteur thanks the Government of Tajikistan for its reply, dated 27.08.2014, to the present communication.
     
530. 
     The Rapporteur takes note of the information provided by the Government that Tajikistan that an investigation surrounding the death of Mr. Ikromzoda was conducted, which resulted in a report that attributed the death to suicide. Further, the Rapporteur takes note of the Government’s report that Mr. Toshev and Mr. Rizoev have been charged with disrupting the functioning of the penitentiary system and false denunciation and alleged investigations did not lead to evidence of torture or reprisals; further, that Mr. Toshev appeared in a video statement allegedly retracting statements about Mr. Ikromzoda’s death.
     
531. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
532. 
     The information provided by the Government is unpersuasive as to the alleged suicide in custody of Mr. Ikromzoda or the lack of evidence of retaliation against Messrs. Tosheve and Rizoev. In particular, no explanation is given for the transfer of the latter two inmates to a remote prison after they claimed to have witnessed severe mistreatment of Mr. Ikromzoda. A recantation via video of testimony by an inmate that is under the absolute control of the penitentiary system must be treated with a high degree of scepticism. Fundamentally, the Government’s reply fails to demonstrate that the inquiries into the death of Mr. Ikromzoda and into the allegations made by the two other inmates were surrounded by guarantees of independence, impartiality and promptness and were not interfered with or influenced by the interests of penitentiary personnel to protect colleagues and cover up wrongdoing. The Rapporteur believes – on the basis of the information received and of interviews conducted during his follow-up visit to Tajikistan in February 2014 – that there is substance in the allegations presented in the initial communication and that the Government should have made a serious attempt to provide accountability for what appears to have been very grave violations of the physical and psychological integrity of Mr. Ikromzoda, Mr. Toshev and Mr. Rizoev. He concludes that their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT, has been violated by the Government and he urges it to conduct a proper, credible, independent and impartial investigation into the events.
     

533. 
     The Special Rapporteur thanks the Government of Tajikistan for its reply, dated 21.07.2014, to the present communication.
     
534. 
     The Rapporteur takes note of the information provided by the Government of Tajikistan that Mr. Sodikov is currently detained in the State Committee on National Security detention facility and that there is an ongoing investigation for treason; however, his guilt has not been established. The Rapporteur also takes not that Mr. Sodikov has had access to lawyers.
     
535. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication. In particular, the reply fails to indicate that any investigation has taken place with regards to the allegations of mistreatment of Mr. Sodikov. The Government’s reply therefore fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as with the State’s obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
536. 
     It has come to the attention of the Rapporteur that Mr. Sodikov was released from detention. Notwithstanding, the Rapporteur concludes that the Government of Tajikistan has failed to protect the physical and psychological integrity of Mr. Sodikov, and has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

537. 
     The Special Rapporteur regrets that the Government of Tanzania has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
538. 
     The allegation letter referred to the assaults on Messrs. Munjaa, Kendo and Naboye by wardens of the corporation with which the Maasai are in dispute over land, an incident in which the wards were assisted by policemen of the region. All three members of the ethnic minority were repeatedly beaten while being detained and later in the premises of the company. The Government of Tanzania has failed to respond to joint appeals sent in 2009 and 2013 about similar incidents affecting Maasai citizens.
     
539. 
     In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Tanzania, by failing to protect the physical and psychological integrity of Munjaa son of Musa, Kendo son of Maiwa, and Naboye Ngukwo, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

540. 
     The Special Rapporteur regrets that the Government of Tanzania has not, as of the drafting of this report, replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
541. 
     In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Tanzania, by failing to provide protection to persons with albinism and to investigate attacks on persons with albinism has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

542. 
     TheThe Special Rapporteur thanks the Government of Thailand for its reply, dated 13.06.2014, to the present communication.
     
543. 
     The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication.
     
544. 
     He welcomes the efforts by the Government to decrease measures taken under Emergency laws and the Government’s cooperation with the OHCHR Regional Office in Bangkok. Specifically, the Special Rapporteur welcomes the 3-stages Roadmap towards a democratic system, the lifting of curfews throughout the country and the media outlets resuming their broadcasting.
     
545. 
     The Special Rapporteur will continue to monitor the situation in Thailand and would like to encourage the Government of Thailand to provide more information and details on the implementation of the Roadmap and the conditions of detention.
     

546. 
     The Special Rapporteur regrets that the Government of Thailand has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
547. 
     In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, that Ms. Khunasen was arbitrarily arrested, and tortured by members of the military forces for her affiliation with the United Front of Democracy against Dictatorship and thus, that the Government of Thailand, by failing to protect the physical and psychological integrity of Ms. Khunasen, has violated her right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

548. 
     The Special Rapporteur thanks the Government of Thailand for its reply, dated 15.09.2014, to the present communication.
     
549. 
     The Rapporteur takes note of the information provided by the Government of Thailand that Ms. Khongkachonkiet has been invited to take an advisory position on a committee related to the conduct of Army officers. The Rapporteur also takes not of the information regarding training for the Army Ranger Force on the Convention against Torture and Other Cruel Inhuman or Degrading Treatment. The reply does not clarify whether the charges originally faced by Ms. Khonkachonkiet have been dismissed. Neither does it address the matter of whether there has been any investigation into alleged mistreatment of the two human rights defenders.
     
550. 
     The Rapporteur acknowledges the account of the Government in response to the concerns, legal obligations and questions raised in the initial communication. The Rapporteur notes that no information was provided regarding Mr. Homla-or. The Rapporteur concludes that the Government of Thailand has failed to protect the physical and psychological integrity of Ms. Khongkachonkiet and Mr. Homla-or as well as their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

551. 
     The Special Rapporteur thanks the Government of Thailand for its reply, dated 14.10.2014, to the present communication.
     
552. 
     The Rapporteur takes note of the information provided by the Government of Thailand that the letter was forwarded to the relevant agencies in Thailand.
     
553. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, and thereby fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
554. 
     In the absence of sufficient information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, that Mr. Chatchawan Prabbhumrung, Ms. Saewngwan Nakrien, Mr. Somsri Marit, Mr. Taweechai Wichakham, and Mr. Bancha Khotphuthorn have been arbitrarily arrested and detained and subjected to torture and other cruel, inhuman or degrading treatment or punishment by military officers. Further, the Special Rapporteur expresses grave concern regarding the allegations that these persons have been threatened to be executed and remain in detention. Thus, the Rapporteur concludes that that the Government of Thailand, by failing to protect the physical and psychological integrity of these individuals, has violated their right free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

555. 
     The Special Rapporteur thanks the Government of Thailand for its reply, 16.07.2014, to the present communication.
     
556. 
     The Rapporteur takes note of the information provided by the Government of Thailand, that the letter has been forwarded to the relevant agencies in Thailand and that the Government is conducting an investigation on the case, but has now placed women and children under the responsibility of the Ministry of Social Development and Human Security.
     
557. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
558. 
     In the absence of sufficient information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, that as of April 2014 over 430 persons, mostly women and children, have remained in immigration detention centres that are overcrowded, with inadequate food and sanitation conditions. Thus, that the Kingdom of Thailand by failing to protect the physical and psychological integrity of these individuals, has violated their right free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     
559. 
     It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the extradition of these persons to China, has not taken place and that Turkey has allegedly offered to receive them. The Rapporteur strongly urges the Government of Thailand to protect the right of the detained persons to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT, and to refrain from extraditing these detained persons to any country where they would be at risk of torture or cruel, inhuman or degrading treatment or punishment, thereby ensuring compliance with article 3 of the CAT.
     

JAL 07/11/2014 Case No. TUN 2/2014 State Reply: 07/01/2015 Allégations de torture et la mort de M. Mohamed Ali Snoussi et de M. Ali Ben Khemayes Louati.

560. 
     Le Rapporteur spécial remercie le gouvernement de la Tunisie pour sa réponse, datée du 7 janvier 2015.
     
561. 
     Le Rapporteur spécial analysera cette réponse dès que la traduction officielle sera disponible.
     

JUA 24/12/2013 Case No. TUR 6/2013 State Reply: 21/02/2014 Allegations concerning the situation of juvenile offenders detained in Sakran Juvenile Prison, Aliaga district, Izmir, Turkey.

562. 
     The Special Rapporteur thanks the Government of Turkey for its reply, dated 21.02.2014, to the present communication.
     
563. 
     The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication.
     
564. 
     The Special Rapporteur welcomes the efforts by the Government to diminish deficiencies in the juvenile detention system and ensure access to justice, education and health care. While the Rapporteur appreciates the Government’s attempts to limit solitary confinement in Juvenile Prison, he regrets that the use of solitary confinement as a punitive measure against children continues. The Special Rapporteur takes note of the steps taken to investigate cases of ill-treatment at Sakran Juvenile Prison and prosecute alleged perpetrators; however he regrets that, on the date of the dispatch of the reply, most disciplinary cases against custodial officers or prison directors had been dismissed or were still pending.
     
565. 
     In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged or indefinite solitary confinement may never constitute a legitimate instrument of the State and runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment.
     
566. 
     The Special Rapporteur recalls that when used on juveniles, pregnant women, or people with mental disabilities (A/66/268), solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, even if not used indefinitely or for a prolonged period of time.
     
567. 
     The Rapporteur concludes that the Government of Turkey, by failing to ensure the physical and mental integrity of the juvenile offenders in detention, by subjecting them to prolonged solitary confinement, not guaranteeing them access to health care, and not ensuring the effective investigation and punishment of those responsible, has acted in contravention of 12 of the CAT, and violated the right of the juvenile offenders in question to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. With regards to the present case, the Special Rapporteur recalls paragraph 6 of General Comment No. 20 of the Human Rights Committee as well as article 7 of the Basic Principles for the Treatment of Prisoners (Adopted by the General Assembly by resolution 45/111 of 14 December 1990).
     

JUA 20/02/2014 Case No. UKR 1/2014 State Reply: None to date Allegations of excessive use of force against, killings, injuries, enforced disappearances of, and arbitrary arrests and detention of, largely peaceful protestors and journalists in the context of Euromaidan (“Independence Square”) protests, which have been ongoing in Kiev and other parts of the country since November 2013.

568. 
     The Special Rapporteur regrets that the Government of Ukraine has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
     
569. 
     In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Ukraine, by failing to protect the physical and psychological integrity of protestors and journalists during the Euromaidan protests, has violated the right of these individuals to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     
570. 
     The Special Rapporteur notes that the extreme acts of violence against demonstrators in Maidan square happened at the end of the previous regime. Nevertheless, he reiterates that, based on the principle of continuity of States, the new Government of Ukraine is obliged to investigate the incidents thoroughly and independently, and to prosecute and punish all those responsible.