A/HRC/25/60/Add.2
elbow because of his albinism. It is alleged that due to police corruption, there are low rates
of success in prosecuting the perpetrators, and there is concern for the safety of women and
girls. In its reply, the Government of the United Republic of Tanzania admitted to its
knowledge of the incidents against PWAs and asserted its commitment to protecting and
prosecuting the perpetrators. The Government explained that it put the investigations of
these cases on fast track, and five murder cases have been heard regarding attacks on
PWAs. There are also public awareness campaigns as well as specific efforts to protect
PWAs with shelters and other protections. However, the Government explains that few
successful prosecutions have been made because they do not want to diminish due process
rights guaranteed to defendants in their criminal justice system. Several of the convictions
were overturned on appeal. The Government also explains that the prosecution is not
willing to bring a case unless they are certain it will result in a conviction, and maintains
that it has a 100% successful conviction rate. Although the Special Rapporteur thanks the
Government of the United Republic of Tanzania for its reply, he reminds the Government
that it has the obligation to protect the right to physical and mental integrity of all persons.
This right is set forth inter alia in the Universal Declaration of Human Rights (UDHR) and
the International Covenant on Civil and Political Rights (ICCPR). In this context, the
Special Rapporteur reminds the Government of 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.” Furthermore, the
Special Rapporteur reminds the Government of paragraph 2 of General Comment No. 20 of
the Human Rights Committee, which provides that, “The aim of the provisions of article 7
[on the prohibition of torture and other cruel, inhuman and degrading treatment or
punishment] of the International Covenant on Civil and Political Rights is to protect both
the dignity and the physical and mental integrity of the individual. It is the duty of the State
party to afford everyone protection through legislative and other measures as may be
necessary against the acts prohibited by article 7, whether inflicted by people acting in their
official capacity, outside their official capacity or in a private capacity.” (adopted at the
44th session of the Human Rights Committee, 1992). The Special Rapporteur recognizes
the clear position of the Government of the United Republic of Tanzania condemning
violent practices against PWA and encourages it to continue its engagement with the
mandate with a view to both punishing and preventing such acts.
Thailand
(a)
JAL 06/12/2012 Case No. THA 11/2012 State Reply: 04/02/2013 Alleged torture and
death of Private Wichean Phuaksom by ten military officers in the Krom Luang
Naradhiwas Rajanagarindra Military camp as punishment for missing military exercises.
152. The Special Rapporteur thanks the Government of Thailand for its reply, dated 3
April 2013, to this communication in reference to the alleged physical abuse, torture, and
murder of Private Wichean Puaksom by ten military officers for missing military exercises.
Reportedly Mr. Puaksom’s mother brought a suit for damages against the ten military
officers, but no verdict identifying and bringing to justice the officers has been pronounced
by the authorities. In its reply, the Government of Thailand denied that any such severe
disciplinary practices were regularly performed, and disputed the allegation that Private
Puaksom died from his injuries; instead it affirmed that his poor health was from a lack of
food and water during a two-day escape. The Government of Thailand also described the
criminal and civil suits, both with pending verdicts. The military officers have been
disciplined with measures ranging from a week under house arrest to a month in prison.
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