A/HRC/25/60/Add.2
punished in a manner commensurate with the gravity of the offence, including the officials
in charge of the place of detention where the prohibited act is found to have been
committed.” The Special Rapporteur also encourages the Government of Sri Lanka to
continue its engagement with the mandate.
(b)
JAL 02/09/2013 Case No. LKA 4/2013 State reply: 19/09/2013 Allegations of excessive
use of force, including lethal force, during a peaceful assembly, resulting in deaths and
injured protesters.
137. The Special Rapporteur thanks the Government for its reply dated 19 September
2013 to information received alleging that on 1 August 2013, in Weliweriya, the Gampaha
District of the Western Province in Sri Lanka, more than 4,000 protesters assembled
peacefully to demand the Government to take action against a company whose factory had
polluted the water - the only drinking water resource in about 15 local villages. The police
reportedly used tear gas to break up the protest, and the military, who were offering
assistance to the police to disperse the crowd, shot at the protesters. Reportedly, at least
three people have been killed and many more have been injured and hospitalized, including
media professionals. The Special Rapporteur expressed concern that allegations of
excessive use of force by security officials in response to the protest are contrary to article
6(1) of the ICCPR, under which the Government of Sri Lanka has the obligation to protect
every individual’s right to life and to ensure that no individual on its territory or subject to
its jurisdiction is arbitrarily deprived of his or her life. The Special Rapporteur thanks the
Government for its response in which it details the steps taken to investigate the use of
force, and it is encouraging that officials under investigation have been relieved of their
position while inquiries are made. The Special Rapporteur further encourages the
Government to continue its investigation, and prosecute and punish all violations of the
right to life, in line with the Principles on Effective Prevention and Investigation of ExtraLegal, Arbitrary and Summary Executions (adopted by the Economic and Social Council
resolution 1989/65). The Government is also encouraged to recall that the families and
dependents of victims of extra-legal, arbitrary or summary executions shall be entitled to
fair and adequate compensation within a reasonable period of time pursuant to principle 20.
The Special Rapporteur requests that the Government continue in its engagement with the
mandate.
Sudan
(a)
JUA 22/02/2013 Case No. SDN 2/2013 State reply: 15/03/2013 Alleged imposition of the
death penalty on Mr. Bakri Moussa Mohammed, a community activist in the Kalma camp
for displaced persons in South Darfur.
138. The Special Rapporteur thanks the government of Sudan for its reply, dated 15
March 2013, to this communication in reference to the alleged imposition of the death
penalty on Mr. Bakri Moussa Mohammed. The communication inquired about the
imposition of the death penalty on Mr. Bakri Moussa Mohammed, a community activist in
the Kalma camp for displaced persons in South Darfur. It is alleged that Mr. Moussa
Mohammed was convicted of murder in spite of his protestation of innocence. He was first
sentenced to ten years in prison and later resentencedto capital punishment. Reportedly, the
day he was resentenced, Mr. Moussa Mohammed was brought to the gallows three times
before he was informed his execution was postponed for 35 days. In this context, the
Special Rapporteur reminds the Government of Sudan of his report to the United Nations
General Assembly A/67/279 of 9 August 2012. The Special Rapporteur observes that the
procedural safeguards to ensure a fair trial in cases in which the death penalty might be
imposed should be at least equal to those contained in article 14 of the ICCPR and that the
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