A/HRC/25/60/Add.2
which asserts State responsibility when the Government fails to intervene in acts of torture
or ill-treatment committed by non-State officials. Additionally, the Special Rapporteur
calls the Government’s attention to Articles 7 and 12 of the CAT and paragraph 6b of
Resolution 16/23 which requires competent authorities to undertake a prompt and impartial
investigation of alleged torture and prosecute perpetrators. The Special Rapporteur also
reminds the Government that everyone has the inherent right to life and effective protection
through judicial or other means who are in danger of execution or the subject of death
threats under ICCPR Article 6(1) and principle 4 of the Principles on Effective Prevention
and Investigation of Extra-Legal, Arbitrary and Summary Executions. Lastly, The Special
Rapporteur requests a response from the Government of Israel regarding the harassment
and torture of Mr. Amro and calls on the Government to take all necessary measures to
guarantee that the rights and freedoms of Mr. Amro are respected. The Special Rapporteur
further request that should the Government’s investigation find the allegations to be correct
that any person responsible be held accountable.
Italy
(a)
JUA 07/06/2013 Case No. ITA 1/2013 State Reply: 12/07/2013, 30/07/2013 and
12/08/2013 Alleged deportation to the Republic of Kazakhstan and alleged risks of
torture or other forms of ill-treatment (refer to related case no. KAZ 3/2013).
86.
The Special Rapporteur thanks the Government of Italy for its several replies in
response to the joint urgent appeal of 7 June 2013, regarding the deportation of the Kazakh
national, Ms. Alma Shalabayeva, who is the wife of Mr. Mukhtar Ablyazov a political
opponent of the current President of Kazakhstan, and their 6-year old daughter on 31 May
2013. Ms. Shalabayeva was formally charged for her alleged involvement in a case of
illegal issuance of passports. The communication referred to the violation of the principle
of non-refoulment and due process guarantees, based on serious concerns that the
aforementioned individuals would be at risk of acts of torture or other forms of ill treatment
upon their return to Kazakhstan. In its response, the Government of Italy provided factual
information of the administrative investigation issued by the Italian Ministry of Interior on
16 July 2013 and a detailed description of the “information flows” among different levels
of Italian administrators, aiming to identify the responsibilities of the officers involved. The
Special Rapporteur appreciates the efforts made by the Italian Ministry of Foreign Affairs,
inter alia in Astana, Brussels and Vilnius, in order to protect Ms. Shalabayeva’s and her
daughter’s rights. He welcomes the Government’s actions to rescind the deportation order
on 12 July 2013, and assist in the return of the aforementioned individuals to Italy, which
eventually took place on 27 December 2013. The Special Rapporteur acknowledges the
investigation opened by the Office of Prosecution to inquire into possible illegal behaviour
and recalls article 7 of the Convention Against Torture, which requires State parties to
prosecute suspected perpetrators of torture. The Special Rapporteur encourages the
Government to continue its engagement with the mandate and urges the competent
authorities to conclude the independent investigation, leading to prosecute and punish those
responsible for the illegal deportation of Ms. Shalabayeva and her child.
Kazakhstan
(a)
JUA 15/01/2013 Case No. KAZ 1/2013 State reply: 11/02/2013 Alleged ill-treatment
while in detention and violations of fair trial standards of Mr. Vadim Kuramshim, a human
rights defender.
87.
The Special Rapporteur thanks the Government of Kazakhstan for its reply, dated 11
February 2013, to this communication in reference to the alleged beatings and threats of
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