A/HRC/25/60/Add.2
the Government take the results of these investigations seriously and, should the above
allegations be substantiated, that all necessary measures are taken to hold those responsible
accountable for their actions while ensuring full redress and compensation to the victims
and their families. The Special Rapporteur also urges the Government to continue to ensure
the safety of those individuals transferred from Camp Ashraf to Camp Liberty. The
Government is also encouraged to continue its cooperation with the mandate and release the
results of investigations which are still ongoing.
(c)
JUA 25/11/2013 Case No. IRQ 7/2013 State reply: None to date Allegations of torture
and ill-treatment and imposition of death penalty in view of imminent extradition
from Iraq to Saudi Arabia.
76.
The Special Rapporteur thanks the Government of Iraq for its reply, dated 2
December 2013, by which it acknowledged the receipt of this communication in reference
to the alleged imminent risk of extradition of Mr. Ayesh Al Harby. However, the Special
Rapporteur regrets that to date the Government of Iraq has not yet responded to the
substance of this communication, thereby failing to cooperate with the mandate issued by
the Human Rights Council. According to the communication, in 2005, Mr. Ayesh Al
Harby, a political asylum seeker from Saudi Arabia, was reportedly arrested by the United
States Armed Forces in Baghdad and held in detention for three years without trial or
charges brought against him. Mr. Al Harby was reportedly subjected to torture and illtreatment while in detention. Shortly after his release in September 2008, he was reportedly
arrested by the Iraqi Ministry of Interior forces and subjected to severe acts of torture. He
was subsequently tried before Al Rusafa Court in Baghdad and sentenced to 15 years in
prison on charges of alleged “terrorism-related activities” and membership in armed
groups. In July 2013, Mr. Al Harby was transferred to the section of Al Rusafa Prison in
Baghdad where he remained detained at the time the communication was sent. The Special
Rapporteur expresses concern that if extradited to Saudi Arabia, Mr. Al Harby will be
subjected to torture and ill-treatment and imposition of the death penalty. The Special
Rapporteur stresses the Government’s obligation to protect the right to physical and mental
integrity of all persons, set forth inter alia in the Universal Declaration of Human Rights
(UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT). In this context, the Special Rapporteur reiterates that article 3 of the
Convention against Torture holds 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. Furthermore, with respect to the
allegations of torture and ill-treatment, the Special Rapporteur draws the Government’s
attention to 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 calls on the Government to ensure a
thorough and fair assessment to ascertain whether Mr. Al Harby is at risk of being
subjected to torture or other cruel, inhuman or degrading treatment or punishment, and
urges the Government to take all necessary measures to guarantee that his rights and
freedoms are respected. Finally, the Special Rapporteur reiterates that diplomatic
assurances of favorable treatment from the receiving country do not mitigate the state’s
obligation to refrain from refoulement.
(d)
UA 28/11/2013 Case No. IRQ 8/2013 State reply: None to date Alleged imminent
execution on the basis of coerced confession obtained under torture during
incommunicado detention
55
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents