A/HRC/25/60/Add.2 order on 17 June 2013. No measures of restraint were imposed on Ms. Radchenko. The Government also stated that in relation to the information submitted by Ms. Radchenko’s lawyer, in accordance with article 365, part 2 of the Criminal Code of Ukraine, a criminal case has been launched concerning the use of force against her, her daughter and grandson by the law enforcement officers during the implementation of the court’s decision. The investigation is currently ongoing. 165. The Special Rapporteur thanks the Government for detailed information on the steps taken into the circumstances of this case. He commends the Government for the correction of some of the violations alleged. Nevertheless, the Special Rapporteur notes that the Government states that there was no violation of law in subjecting her to involuntary psychiatric treatment and confinement. The response does not address the fact that she was forcibly admitted without a document confirming the court decision. The Special Rapporteur regrets that the Government did not provide further information with respect to the above-mentioned instructions issued by the Ministry of Health concerning measures to be taken to comply with the Law on “Psychiatric care.” He would like to be able to comment on the substance of those instructions from the perspective of their consistency with international standards. The Special Rapporteur welcomes the ongoing investigation into physical restraint of Ms. Radchenko’s daughter and grandson and urges the Government to provide the full details of any prosecutions in the event that the alleged perpetrators are identified. The Special Rapporteur urges the Government to take measures to ensure that Ms. Radchenko’s family is protected from violence, threats of violence or any form of intimidation and take steps to provide Ms. Radchenko with compensation. The Special Rapporteur also encourages the Government to bring the alleged perpetrators to account and impose penal, disciplinary or administrative sanctions on the alleged perpetrators implicated in authorising and executing the forced psychiatric treatment and confinement of Ms. Radchenko. The Special Rapporteur regrets that the Government did not provide the full details of the court decision which made possible the alleged forced psychiatric treatment and confinement of Ms. Radchenko. Given the information received, the Special Rapporteur determines that the rights under the UN Convention against Torture of Ms. Radchenko have been violated, and calls on the Government to undertake a prompt and impartial investigation of the alleged acts, including prosecution and punishment of the perpetrators, and to provide appropriate and adequate redress. United Kingdom of Great Britain and Northern Ireland (a) AL 06/07/2013 Case No. GBR 2/2012 State Reply: 23/07/2013, 23/07/2013, 23/07/2013, 14/10/2013, 14/10/2013 amd 14/10/2013 Allegations of torture and ill-treatment of Congolese nationals after their forcible refoulement from the United Kingdom (UK) to the Democratic Republic of Congo (DRC) committed by Congolese officials. 166. The Special Rapporteur thanks the Government for its several extensive replies to the Allegation Letter dated 7 June 2013 regarding reports of eight Congolese nationals facing continuous and pervasive intimidation, harassment, torture and re-arrest upon return to the DRC after failed asylum attempts in the UK. Concern was expressed that the conditions they face are allegedly contrary to the Country of Origin Information Report (March 2012), the Country Policy Bulletin (November 2012) and the Operational Guidance Note (May 2012) developed by the UK Border Agency (UKBA) to assess the appropriateness of returning failed asylum seekers to their home countries. According to the allegations, these documents inaccurately designate the DRC as a safe place to return asylees and, on the basis of this designation, many Congolese are returned to unsafe conditions. It was further alleged that DRC officials use immigration information passed to them by Government officials to facilitate the arrest, detention, and in some instances 121

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