A/HRC/25/60/Add.2
Mammadov. Mr. Mammadov is reportedly charged with high treason for incitement to
national, racial or religious hostility, and there is concern these charges are directly related
to his human rights activities. In its reply, the Government of Azerbaijan explains the
medical procedures that are meant to guarantee Mr. Mammadov is not suffering from any
medical conditions and maintained that a thorough investigation has been conducted to
affirm no torture was committed. The Government also asserts that all necessary actions
were performed to properly investigate Mr. Mammadov’s claims that his cellmate was
beating him. Although the Special Rapporteur appreciates the reply, the Government of
Azerbaijan has not answered what protections for human rights defenders are in place to
allow them to work without fear of threats or acts of intimidation, harassment, or
criminalization. In this context, the Special Rapporteur reiterates article 12 of the
Convention Against Torture, which requires the competent authorities to undertake a
prompt and impartial investigation wherever there are reasonable grounds to believe that
torture has been committed, and article 7 of the Convention Against Torture, which requires
State parties to prosecute suspected perpetrators of torture. The Special Rapporteur would
also like to reiterate paragraph 6b of Human Rights Council Resolution 8/8, which urges
States “To take persistent, determined and effective measures to have all allegations of
torture or other cruel, inhuman or degrading treatment or punishment promptly and
impartially examined by the competent national authority, to hold those who encourage,
order, tolerate or perpetrate acts of torture responsible, to have them brought to justice and
severely punished, including the officials in charge of the place of detention where the
prohibited act is found to have been committed, and to take note in this respect of the
Principles on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (the Istanbul Principles) as a useful tool in
efforts to combat torture;”. Additionally, the Special Rapporteur would like to remind the
Government of Azerbaijan of paragraph 1 of Human Rights Council Resolution 16/23
which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States
to implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” The Special Rapporteur also encourages
the Government to continue its engagement with the mandate.
Bahrain
(a)
JUA 10/05/2013 Case No. BHR 2/2013 State Reply: 05/06/2013 Alleged arrest, detention,
and torture of Mr. Naji Fateel, an active blogger who publishes daily messages on human
rights issues and encourages the creation of monitoring committes to document human
rights violations.
13.
The Special Rapporteur thanks the government of Bahrain for its reply, dated 5 June
2013, to this communication in reference to the alleged arrest, detention and torture of Mr.
Naji Fateel. Mr. Naji Fateel is a board member of the Bahrain Youth Society for Human
Rights (BYSHR) and an active blogger and social media user who publishes daily messages
on human rights issues. It is reported that in recent times he has given daily speeches during
marches in which he stresses the importance of documenting human rights violations and
encourages people to form monitoring committees. It is reported that he was the subject of
electrocution to the back, left leg and genitalia; simulated drowning; beatings to the head,
back and left leg, which reportedly was operated previously in relation to a work injury;
suspension from the ceiling by hanging him from his hands without his feet touching the
floor; sexual harassment and threats of rape; being refused permission to sleep, sit or lay
down; and being made to stand up for prolonged periods of time. Allegedly after requesting
counsel during his interrogation, he was subjected to more severe beating. It is reported that
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