A/HRC/25/60/Add.2 The Government of Thailand is also making an effort toward remedial action by providing Private Puaksom’s mother with the names of the military officials who are being prosecuted. The Special Rapporteur appreciates the reply and takes note of the pending nature of judicial actions. He recalls article 12 of the CAT, 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 CAT, which requires State parties to prosecute suspected perpetrators of torture. The Special Rapporteur reiterates that 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.” In this regard, he expresses his concern that the disciplinary sanctions imposed on perpetrators are not consistent with the seriousness of abuses that resulted in death. The Special Rapporteur transmitted a follow up letter to the Government of Thailand on 1 August requesting information on the updated status of the criminal and civil trials, and whether any verdict had been reached. He encourages the Government to continue its engagement with the mandate. (b) AL 30/07/2013 Case No. THA 6/2013 State reply: 05/08/2013, 30/10/2013 Conditions of detention of more than 1800 ethnic Rohingya migrants and refugees in immigration and detention centers in Thailand. 153. The Special Rapporteur appreciates the replies of the Government of Thailand, dated 5 August 2013 and 30 October 2013, to this communication in reference to the conditions of detention of more than 1800 ethnic Rohingya migrants and refugees from Myanmar in immigration detention centers in Thailand for over five months, under conditions that may amount to cruel, inhuman or degrading treatment or even torture. The communication included information received concerning the death of seven Rohingya men and one boy between 19 March 2013 and 22 July 2013 allegedly as a result of poor conditions and lack of medical care in the centers. Reportedly, in the Phang Nga detention center near Phuket, there are 276 Rohingya men detained in cells meant only for 5-15 persons. The lack of exercise is emaciating their leg muscles. The communication also referred to the rape of one Rohingya woman living in a government shelter in Phang Nga province and the alleged related involvement of a Thai police officer, and the possible refoulement of refugees to Myanmar despite substantial grounds for believing that there is a high risk of torture in case of repatriation. It was reported that Thai authorities know of the overcrowded detention centers and that no progress had been made for a more lasting solution. It was alleged that the detention and the conditions in the immigration detention centers were used as a punitive measure and as a means to discourage the Rohingya from taking legal measures. 154. The Special Rapporteur appreciates the reply of the Government of Thailand and its details regarding its work with the Ministry of Public Health and the International Organization for Migration to address issues of overcrowding in the detention centers, the death of seven Rohingya men and one boy, and the rape of one Rohingya woman. The Special Rapporteur nonetheless reminds the Government of its obligation to provide full redress, including fair and adequate compensation, and as full rehabilitation as possible to all victims of torture or other ill-treatment. The Special Rapporteur would like to remind the Government of paragraph 7d of Human Rights Council Resolution 16/23, which urges States “(n)ot to expel, return (refouler), extradite or in any other way transfer a person to 112