A/HRC/25/60/Add.2
the Government also identifies several issues with this approach, including statutes of
limitation that leave hospitals largely immune to liability and that the victims were only
able to receive compensation through negotiations with the Government. Nevertheless, the
Government stated that the idea of an extra judicial ex gratia compensation mechanism is
not foreclosed, and is considering possible ways to grant compensation to victims of nonconsensual sterilization. The Government also is considering the issue of the statute of
limitations at the Justice Ministry, and its effects of immunizing hospitals. The Special
Rapporteur thanks the Government of the Czech Republic for its reply and its efforts to
investigate the claims of non-consensual sterilizations. Nevertheless, the Special
Rapporteur reminds the Government of article 14 of the Convention Against Torture, which
provides that victims of torture should have the right to redress and adequate compensation.
In this regard, the Special Rapporteur would also like to remind the Goverment that
paragraph 7e of Human Rights Council Resolution 16/23 urges States “(t)o ensure that
victims of torture or other cruel, inhuman or degrading treatment or punishment obtain
redress, are awarded fair and adequate compensation and receive appropriate social,
psychological, medical and other relevant specialized rehabilitation, and urges States to
establish, maintain, facilitate or support rehabilitation centres or facilities where victims of
torture can receive such treatment and where effective measures for ensuring the safety of
their staff and patients are taken.” The Special Rapporteur also encourages the Government
of the Czech Republic to continue its engagement with the mandate.
Denmark
(a)
UA 17/07/2013 Case No. DNK 1/2013 State Reply: None to date Alleged imminent risk
of deportation of Mr. X, an asylum seeker, who would be at risk of being tortured and
killed, if forcibly returned from Denmark to Sri Lanka.
45.
The Special Rapporteur regrets that the Government of Denmark has not responded
to this communication dated 17 July 2013, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication concerned the possible
return of asylum seeker Mr. X to Sri Lanka where he may be at risk of torture and
execution. Mr. X has received a deportation order following the Government’s denial of
his asylum application as well as his subsequent appeal, and while at the date of the
communication Mr. X had not been deported, there is substantial risk he could be at any
moment. The Special Rapporteur has received evidence suggesting that Mr. X would be at
risk of torture or other cruel, inhuman, and degrading treatment at the hands of the Eelam
People's Democratic Party (EPDP) or the Sri Lankan military if he is returned, due to his
past involvement with the Liberation Tigers of Tamil Eelam. In this regard, the Special
Rapporteur would like to draw the Government’s attention to Article 3 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, acceded
to by Denmark on 27 May 1987, which provides that no State party shall expel, return
(“refouler”), or extradite a person to another State where there are substantial grounds for
believing that the person would be in danger of being subjected to torture. In this context, at
paragraph 9 of General Comment No. 20 on the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment, the Human Rights Committee states that
State parties “must not expose individuals to the danger of torture or cruel, inhuman or
degrading treatment or punishment upon return to another country by way of extradition,
expulsion or refoulement.” Additionally, the Special Rapporteur would like to draw the
Government’s attention to Human Rights Council’s Resolution 22/1, supported by
Denmark, which states with concern the ongoing human rights violations present in Sri
Lanka, including inter alia enforced disappearances, extrajudicial killings, and torture. The
Special Rapporteur urges the Government not to deport Mr. X and ensure that his rights as
30
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