A/HRC/25/60/Add.2
discontinuation of the medication. In this context, the Special Rapporteur would like to
draw the Government’s attention to article 12 of the International Covenant on Economic,
Social and Cultural Rights, ratified by New Zealand on 28 December 1978, which provides
inter alia for the right of everyone to the enjoyment of the highest attainable standard of
mental and physical health. This includes the right to be free from non-consensual medical
treatment. Additionally, the Special Rapporteur reiterates the Government’s obligation
under paragraph 19 of the International Covenant on Economic, Social and Cultural Rights
to safeguard the individual’s ability to exercise informed consent in health, and protect the
individual against abuses as a fundamental aspect of protecting the right to health.
Furthermore, the Special Rapporteur reiterates his 2013 report to the Human Rights
Council, which states in paragraph 64 that both the mandate and United Nations treaty
bodies have established that involuntary treatment and other psychiatric interventions in
health-care facilities -except under limited circumstances of immediate risk of harm to self
or others- are forms of torture and ill-treatment (A/63/175, paras. 44, 47, 61, 63; Human
Rights Committee, communication No. 110/1981, Viana Acosta v. Uruguay, paras. 2.7, 14,
15.) and that to the extent that they inflict severe pain and suffering, they violate the
absolute prohibition of torture and cruel, inhuman and degrading treatment (A/63/175,
paras. 38, 40, 41). In turn, the Special Rapporteur notes that paragraph 1 of Human Rights
Council Resolution 16/23, adopted in April 2011, “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 nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” The Special Rapporteur urges the Government to assess its compliance with
the above obligations and principles with regards to the medical treatment of Mr.X. Also,
where appropriate, the Special Rapporteur urges the Government to adopt community
integration as a method of treatment to further support the dignity, autonomy, equality and
participation of persons with mental disabilities.
Norway
(a)
JUA 04/04/2013 Case No. NOR 1/2013 State Reply: None to date Alleged imminent risk
of deportation of Mr. Mohammad Anwar Baloch to Pakistan, where he risks torture for
criticizing the Government of Pakistan.
116. The Special Rapporteur regrets that the government of Norway has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged imminent risk of deportation of
Mr. Mohammad Anwar Baloch, an asylum seeker and human rights defender from
Pakistan. According to the information received, Mr. Anwar was appointed as a member of
Baloch/Qaum Dost Committee, which was established for the purpose of negotiating the
release of a UN official, Mr. John Solecki, who was kidnapped in Balochistan province.
After the release of Mr. Solecki, the Committee discontinued its existence. Reportedly, five
of its members were abducted by Pakistani security agents, three allegedly died in custody,
two are missing, and another four members are in hiding. For fear of being abducted or
killed, Mr. Anwar fled to Norway. While in Norway, Mr. Anwar continued his political and
human rights activities including organizing protests and meetings in relation to the alleged
human rights abuses in Balochistan by Pakistani army and security forces. According to the
source, if returned to Pakistan, Mr. Anwar would be at risk of enforced disappearance,
torture and being killed by the Pakistani Security Forces for his journalist, political and
human rights activities. In this context, the Special Rapporteur reminds the government of
Norway that article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, acceded to by Norway on 9 July 1986, provides that
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