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

JUA 17/12/2013 Case No. PRK 1/2013 State Reply: None to date Allegations concerning the cases of Mr. Jang Sung-Taek, who was reportedly executed on 12 December 2013 and the executions of Mr. Jang-Lee Yong-ha and Mr. Jang Soo-kee.

134. 
     The Special Rapporteur regrets that the Government of Democratic People's Republic of Korea 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).
     
135. 
     As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79). In addition, he calls upon retentionist States to end the practice of executions with little or no prior warning given to condemned prisoners and their families (para. 80 (c)).
     
136. 
     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 Democratic People's Republic of Korea, by not taking steps to prevent the execution of Mr. Jang Sung-Taek, Mr. Jang-Lee Yong-ha and Mr. Jang Soo-kee, has violated their right to be free from torture and other cruel, inhuman or degrading treatment or punishment as provided by articles 1 and 16 or the CAT.
     

JAL 06/11/2014 Case No. COD 2/2014 State Reply: None to date Allégations concernant la mort d’une centaine de combattants et des membres de leurs familles dans le camp de Kotakoli, suivant la capitulation du mouvement armé « M 23» et le transfert des membres et de leurs familles dans un camp éloigné de l’est de RDC.

137. 
     Le Rapporteur spécial regrette que le gouvernement de la République Démocratique du Congo n’ait pas répondu à la présente communication, échouant ainsi à coopérer avec le mandat émis par le Conseil des droits de l'homme dans sa résolution 25/13, ainsi qu’à se conformer à son obligation, en vertu du droit international coutumier, d'enquêter, poursuivre, et punir tout acte de torture et autres peines ou traitements cruels, inhumains ou dégradants, comme codifié, entre autre, dans la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants (CCT).
     
138. 
     En l’absence d’information prouvant le contraire, le Rapporteur conclut qu’il y a de la substance quant aux allégations présentées dans la communication initiale, réitérées ci-dessus, et donc, que le gouvernement de la République Démocratique du Congo, en échouant à leur fournir de la nourriture, des médicaments et des soins de santé a violé le droit des combattants du M23 et leurs familles de ne pas être soumis à des peines ou traitements cruels, inhumains ou dégradants, comme prévu dans les articles 1 et 16 de la CCT.
     

139. 
     The Special Rapporteur thanks the Government of Egypt for its replies, dated 27.12.2013 and 21.01.2014, to the present communication.
     
140. 
     The Rapporteur takes note of the comprehensive information provided by the Government concerning the circumstances of, and legal basis for, the arrest and detention of Mr. Fattah. In particular, the Rapporteur notes that physical injuries have been discovered and that investigation has been initiated, including the documentation of the injuries by a forensic medicine department, to determine its causes.
     
141. 
     The Special rapporteur requests the Government of Egypt to share with him the results of this investigation as soon as possible.
     

142. 
     The Special Rapporteur thanks the Government of Egypt for its reply, dated 19.03.2014, to the present communication.
     
143. 
     The Rapporteur takes note of the information provided by the Government that Mr. Mohamed Adel was arrested pursuant to a decision that was unrelated to the Egyptian Centre for Economic and Social Rights.
     
144. 
     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).
     
145. 
     In the absence of sufficient and convincing 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 Egypt, by raiding the offices of the Egyptian Centre for Economic and Social Rights, arbitrarily arresting members of its staff, and arbitrarily arresting and continuing to detain other individuals who were arrested on 2 December after a peaceful protest, has violated the right of the aforementioned individuals to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

146. 
     The Special Rapporteur regrets that the Government of Egypt 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).
     
147. 
     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 Egypt, by failing to prevent incommunicado detention, and protect the physical and psychological integrity, of Messrs. Khaled al-Qazzaz, Ayman al-Serafy, Abdelmeguid Mashali, Essam al-Haddad and Ayman Ali 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.
     
148. 
     In early January 2015, the Special Rapporteur learned that a court had ordered the release from custody of Mr. al-Qazzaz; however, as of January 6 that order had yet to be implemented.
     

149. 
     The Special Rapporteur thanks the Government of Egypt for its reply, dated 25.03.2014, to the present communication.
     
150. 
     He regrets that, as of the drafting of this report, no official translation is available to the Government’s reply of 25.03.2014.
     
151. 
     The Rapporteur will make his views on the case known later on, after being able to read an English version of the reply. Meanwhile, he takes the opportunity to invite the Government of Egypt to keep him informed on developments in the investigation of the case in question.
     

152. 
     The Special Rapporteur regrets that the Government of Egypt 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).
     
153. 
     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 Egypt, by failing to protect the physical and psychological integrity of Messrs. A, B, C and D, thereby paving the way for violence, including sexual violence and attempted rape by other prisoners while in detention, 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.
     

154. 
     The Special Rapporteur thanks the Government of Egypt for its reply, dated 06.06.2014, to the present communication.
     
155. 
     The Rapporteur takes note of the information provided by the Government that Mr. el-Shamy was arrested on accusations of using a firearm on members of the security forces. The Rapporteur also notes that the case, as of the date of the reply, was still in the investigatory phase.
     
156. 
     However, eight months later, as of the drafting of this report, the Rapporteur has not received any further information from the Government of Egypt regarding the investigation.
     
157. 
     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).
     
158. 
     In the absence of sufficient and compelling 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 Egypt, by failing to formally charge Mr. el-Shamy, by denying him proper medical treatment, by subjecting him to prolonged solitary confinement, and by denying him proper access to his lawyer, 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.
     

159. 
     The Special Rapporteur thanks the Government of Egypt for its reply, dated 04 July 2014, to the present communication.
     
160. 
     The Rapporteur takes note of the information provided by the Government that 37 individuals were sentenced to death by a criminal court in Minya, Egypt, and that these sentences were immediately appealed.
     
161. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, thereby failing to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. The Government fails as well 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).
     
162. 
     As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79).
     
163. 
     It has come to the attention of the Special Rapporteur that the execution of 183 individuals has been called off. The Rapporteur welcomes the decision of the Government of Egypt to refrain from executing these persons. However, he also notes that, as of the drafting of this report, the execution of the 37 individuals has not yet taken place but neither has it been called off. The Rapporteur strongly urges the Government of Egypt to refrain from executing these 37 individuals, as well as to refrain from, and abolish, the practice of executions.
     

164. 
     The Special Rapporteur thanks the Government of Egypt for its reply, dated 31 October 2014, to the present communication. The Rapporteur notes that Mr. Al-Qazzaz was released last month.
     
165. 
     The Rapporteur takes note of the information provided by the Government that Mr. Khaled Al-Qazzaz’s case is currently on appeal and, concerning detention conditions, is receiving medical treatment, but regrets that the Government supplies little information concerning what Mr. Kahled Al-Qazzaz was charged with, raising concerns that his detention is arbitrary.
     
166. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, thereby not fully and expeditiously cooperating with the mandate issued by the Human Rights Council in its resolution 25/13. The State also fails 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).
     
167. 
     In the Rapporteur’s 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 of 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 it 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.
     
168. 
     In the absence of convincing 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 Egypt, in the detention of Mr. Khaled Al-Qazzaz, 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. 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).
     

169. 
     The Special Rapporteur regrets that the Government of Egypt 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).
     
170. 
     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 Egypt, by failing to investigate and prosecute the allegations of arbitrary arrest, detention, torture and other cruel, inhuman or degrading treatment or punishment, including sexual abuse and rape of 50 juveniles and of two 18-year-olds, 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.
     

JAL 02/10/2014 Case No. SLV 1/2014 State Reply: None to date Alegaciones respecto a los casos de 17 mujeres que cumplen penas de prisión por cuestiones relacionadas con el embarazo así como la penalización del aborto en El Salvador que no parece estar en conformidad con las leyes y normas internacionales de derechos humanos, ya que continúa restringiendo el derecho de las mujeres y las niñas a la integridad física y al más alto nivel posible de salud física y mental.

171. 
     El Relator Especial lamenta que, hasta la fecha, el Gobierno de El Salvador no haya respondido a la presente comunicación, y por ello, considera que no ha cumplido con su deber de cooperar con el mandato establecido por el Consejo de Derechos Humanos en la resolución 25/13. Asimismo, el Relator Especial considera que el Gobierno no ha cumplido con la obligación emanada de la norma consuetudinaria internacional de investigar, juzgar y sancionar todos los actos de tortura y los tratos crueles, inhumanos o degradantes, como establece, inter alia, la Convención contra la Tortura (CAT).
     
172. 
     Ante la falta de información que indique lo contrario, el Relator concluye que el Gobierno de El Salvador, al no preservar la integridad física y mental de las mujeres y niñas en prisión acusadas de haberse realizado un aborto, es responsable por sus sufrimientos físicos y mentales y ha violado sus derechos a no ser sometidas a tratos crueles, inhumanos o degradantes como afirman los artículos 1 y 16 del CAT.
     

173. 
     The Special Rapporteur regrets that the Government of Eritrea 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).
     
174. 
     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 Eritrea, by failing to prevent incommunicado detention, and protect the physical and psychological integrity, of Messrs. A, B, C, D and E 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.
     

175. 
     The Special Rapporteur regrets that the Government of Eritrea 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).
     
176. 
     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 Eritrea, by allowing security personnel to arbitrarily arrest and detain H.E. Mr. Mohamed Ali Omaro, 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.