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

177. 
     The Special Rapporteur regrets that the Government of Ethiopia 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).
     
178. 
     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 Ethiopia, by failing to protect the physical and psychological integrity of Mr. Mohamed Aweys Mudey and exclude evidence obtained under torture or ill-treatment from proceedings against him, has failed to act in accordance with article 15 of the CAT and violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

179. 
     The Special Rapporteur regrets that the Government of Ethiopia 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).
     
180. 
     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 Ethiopia, by failing to prevent incommunicado detention and protect the physical and psychological integrity of Mss. Mahlet Fantahun and Edom Kasaye, and Messrs. Befeqadu Hailu, Atenaf Berahane, Zelalem Kibret, Natnael Feleke, Abel Wabela, Tesfalem Waldyes and Asmamaw Giorigis, 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.
     

181. 
     The Special Rapporteur regrets that the Government of Ethiopia 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).
     
182. 
     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 Ethiopia, by failing to protect the physical and psychological integrity of the protesters up to and during detention, and ensure adequate detention conditions, including refraining from incommunicado 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.
     

183. 
     The Special Rapporteur thanks the Government of Ethiopia for its reply, dated 11 November 2014, to the present communication.
     
184. 
     The Rapporteur takes note of the information provided by the Government that Mr. Ali Adorus’ case is up for decision.
     
185. 
     The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, thereby failing fully and expeditiously to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. The State similarly 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). Specifically, no information is provided about Mr. Ali Adorus’ detention conditions before his transfer to Kaliti Prison, including the allegations that he was subjected to torture and ill-treatment. Additionally, sufficient information was not provided concerning the substance of materials used against Mr. Ali Adorus at trial, such as the alleged forced confession.
     
186. 
     The CAT, which Ethiopia acceded on 14 March 1994, prohibits torture absolutely without exception in article 1 and prohibits the use of any evidence in any proceedings obtained under torture in article 15.
     
187. 
     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 Ethiopia has violated the right of Mr. Ali Adorus to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

JUA 23/12/2013 Case No. GNQ 3/2013 State Reply: None to date Alegaciones relativas al arresto y la detención del Sr. Agustín Esono Nsogo.

188. 
     El Relator Especial lamenta que, hasta la fecha, el Gobierno de Guinea Ecuatorial 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).
     
189. 
     Ante la falta de información que indique lo contrario, el Relator concluye que el Gobierno de Guinea Ecuatorial, al no tomar medidas para proteger la integridad física y psicológica del Sr. Agustín Esono Nsogo y privarlo de comunicación con el mundo exterior, es responsable por el sufrimiento físico y mental del Sr. Nsogo y ha violado el derecho de este último a no ser torturado o sometido a tratos crueles, inhumanos o degradantes como afirma el derecho internacional consuetudinario codificado en los artículos 1 y 16 del CAT.
     

JUA 16/01/2014 Case No. FJI 1/2014 State Reply: None to date Allegations concerning Ms. A, a 21 year old woman who was allegedly abducted and raped by her ex-boyfriend. Ms. A was then detained and charged with giving false information after reporting these incidents to the police.

190. 
     The Special Rapporteur regrets that the Government of Fiji 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).
     
191. 
     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 Fiji, by failing to protect the physical and psychological integrity of Ms. A and her relative, including protecting them from threats and intimidation by the alleged perpetrator and his friends, as well as from violence and coercion by the police, 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 02/05/2014 Case No. GTM 4/2014 State Reply: None to date Alegaciones relativas a las sanciones emitidas por el Tribunal de Honor del Colegio de Abogados y Notarios de Guatemala en contra de la Jueza Yassmín Barrios.

192. 
     El Relator Especial lamenta que, hasta la fecha, el Gobierno de Guatemala 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).
     
193. 
     Ante la falta de información que indique lo contrario, el Relator concluye que el Gobierno de Guatemala, a través de las sanciones emitidas por el Tribunal de Honor del Colegio de Abogados y Notarios de Guatemala las cuales tienen como efecto intimidar y amenazar a los operadores de justicia, es responsable por las sanciones con propósitos intimidatorios emitidas por el Tribunal y ha violado el derecho de la Jueza Yassmín Barrios o a no ser sometida a tratos crueles, inhumanos o degradantes como afirma el derecho internacional consuetudinario codificado en los artículos 1 y 16 del CAT.
     

JAL 26/05/2014 Case No. HND 5/2014 State Reply: None to date Alegaciones relativas a la agresión, maltrato, sustracción de pertenencias por parte de agentes del orden, y detención del Sr. José Guadalupe Ruelas García.

194. 
     El Relator Especial lamenta que, hasta la fecha, el Gobierno de Honduras 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).
     
195. 
     Ante la falta de información que indique lo contrario, el Relator concluye que el Gobierno de Honduras, al no tomar medidas para proteger la integridad física del Sr. José Guadalupe Ruelas García quien fue golpeado en su rostro, torso, cabeza, espalda y piernas sin recibir luego atención médica, es responsable por sus lesiones físicas y psicológicas y ha violado el derecho de la víctima a no ser torturado o sometido a tratos crueles, inhumanos o degradantes como afirma el derecho internacional consuetudinario codificado en los artículos 1 y 16 del CAT.
     

196. 
     The Special Rapporteur regrets that the Government of India 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).
     
197. 
     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 India, by failing to prevent violence on the part of Border Security Forces, and protect the physical and psychological integrity of Mr. A, Mr. Mondal Chhanarul, Mr. Sardar Majim, Mr. Molla Boltu, Mr. Mondal Rajan, Mr. Golam Mostafa, Mr. Islam Sariful, Mr. Jiyad Ali Gazi, Ms. Kunuwara Bibi, Ms. Sujar Bibi and Ms. Talisma Bibi, 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.
     
198. 
     The Special Rapporteur urges the Government of India to break the cycle of impunity for acts of this nature by its security forces, by complying with its international obligation to investigate, prosecute and punish every act of torture or ill-treatment.
     

199. 
     The Special Rapporteur thanks the Government of India for its reply, dated 10.01.2014, to the present communication.
     
200. 
     The Special Rapporteur regrets that the Government of India has not provided any substantive reply 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).
     
201. 
     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 India failed to investigate the claim of torture in detention resulting on the death of the victim, and statements made under torture against him. India thereby has failed to protect individuals held in custody from torture and mistreatment, and by refusing Mr. A access to his family and 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.
     

202. 
     The Special Rapporteur regrets that the Government of India 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).
     
203. 
     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 India, by failing to investigate the alleged kidnappings, rapes, and murders of Ms. X and Ms. Y because they were of a lower caste, 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.
     

204. 
     The Special Rapporteur regrets that the Government of Indonesia 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).
     
205. 
     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 Indonesia, by failing to protect the physical and psychological integrity of the demonstrators up to the arrest and during detention and from threats and intimidation following their release, has violated the right of Messrs. Kapisa and Wenda to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

206. 
     The Special Rapporteur regrets that the Government of Indonesia 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).
     
207. 
     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 Indonesia, by failing to prevent the death of Mr. Aslin Zalim and protect the physical and psychological integrity of the three detainees, 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. The State is urged to conduct a fair and impartial investigation into the incidents and to prosecute and punish those responsible.
     

208. 
     The Special Rapporteur regrets that the Government of Indonesia 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).
     
209. 
     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 Indonesia, by using corporal punishment in response to Ms. X’s alleged extramarital sex - when in fact she was the victim of gang rape-, 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.
     
210. 
     The Rapporteur wishes to stress that corporal punishment of any sort is always torture in violation of international law, even if judicially imposed.
     

211. 
     The Special Rapporteur regrets that the Government of Iran 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).
     
212. 
     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 Iran, by failing to protect the physical and psychological integrity of Mr. Zanyar Moradi, including by denying him access to adequate medical attention, 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. The State is urged to conduct a fair and impartial investigation into the incident and to prosecute and punish those responsible.
     

213. 
     The Special Rapporteur regrets that the Government of Iran 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).
     
214. 
     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)).
     
215. 
     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 Iran, by not taking steps to prevent the execution of Messrs. Ghazi Abasi, Abdolreza Amir Khanafereh, Abdolamir Mojadami and Jasem Moghadam Panah, 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.