A/HRC/25/60/Add.2 insists that, although Malaysia is not a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), it is bound by the international customary law rule codified in article 3 CAT that prohibits a State from expelling or extraditing a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture, which is is an integral part of international human rights protection. Furthermore, paragraph 6d of Human Rights Council Resolution 8/8 urges States not to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture; the Council recognizes in this respect that diplomatic assurances, where used, do not release States from their obligations under international human rights, humanitarian and refugee law, in particular the principle of nonrefoulement. The Special Rapporteur calls on the Government to undertake a prompt and independent investigation into the alleged secret repatriation of the six ethnic Uighurs to the People’s Republic of China, leading to prosecution and punishment of those responsible, and to provide full redress to the victims. (b) JAL 18/09/2013 Case No. MYS 9/2013 State reply: None to date Alleged torture and illtreatment of civilians in Sabah by Malaysian security forces. 94. The Special Rapporteur regrets that the Government of Malaysia has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication refers to the alleged torture and ill-treatment of civilians, including Filipino migrants, by the Malaysian military in Sabah. Security forces allegedly carried out an attack in Sabah, known as “Operation Daulat” against the militant group, "Royal Security Forces of the Sultanate of Sulu and North Borneo." It has been reported that civilians were among the casualties. Additionally, it is alleged that security forces systematically tortured and abused civilians in the area, particularly Filipino migrants, before, during and after the operation. Civilians were allegedly arbitrarily arrested and detained, subjected to beatings, denied adequate food, water and medical care. Additionally, Malaysian forces have allegedly forcibly evicted Filipino in the area and have detained them in crowded evacuation camps with lack of access to adequate food and supplies. It is also alleged that the Malaysian Government has denied access to human rights groups, UN officials and the media from the Sabha region. The Special Rapporteur reminds the Government that the common article 3 of the 1949 Geneva Conventions provides that in non-international armed conflicts, all persons not taking an active part in hostilities, including persons in custody, shall be treated humanely. Article 3 of the Universal Declaration of Human Rights guarantee the right of every individual to life and security, while paragraph 1 of Human Rights Council Resolution 16/23 “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.” Additionally, paragraph 7b of Human Rights Council Resolution 16/23 urges States to take prompt and effective measures to investigate, prosecute and punish all acts of torture and ill-treatment. Furthermore, General Assembly resolution 67/172 declares “the duty of States to effectively promote and protect the human rights and fundamental freedoms of all migrants, especially those of women and children, regardless of their migration status, in conformity with the Universal Declaration of Human Rights and the international instruments to which they are party.” Without any evidence to the contrary, the Special Rapporteur concludes that the victims’ rights under international standards relating to the prohibition of torture and ill-treatment, as well as other standards of international human rights and humanitarian law, have been violated. The Special Rapporteur urges the Malaysian Government to clarify the alleged abuses, to conduct thorough and independent investigations, leading to the prosecution and punishment of all 69