A/HRC/25/60/Add.2 determined and effective measures to have all allegations of torture or other cruel, inhuman or degrading treatment or punishment investigated promptly, effectively and impartially by an independent, competent domestic authority, as well as whenever there is reasonable ground to believe that such an act has been committed; to hold persons who encourage, order, tolerate or perpetrate such acts responsible, to have them brought to justice and 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 urges the Government to conduct a prompt and independent investigation of the alleged detention and torture of Mr. Ahmed Abu Ali with an aim to hold those responsible accountable. It is also requested that the Government assess the conditions and alleged interrogation practices of the Mabahith, or the Saudi security forces. The Special Rapporteur also calls on the Government to ensure the identified person obtains redress, including fair and adequate compensation, and as full rehabilitation as possible. (d) UA 12/09/2013 Case No. SAU 8/2013 State reply: None to date Alleged pattern of judicial harassment, detention, ill-treatment, and sentencing by secret trials of human rights defenders. 131. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication refered to an alleged pattern of judicial harassment, detention, ill-treatment, and sentencing of human rights defenders Mr. Miklif bin Daham al-Shammari (Muklif Shammari), Mr. Abdullah bin Hamid bin Ali al-Hamid, Mr. Mohamed bin Fahad bin Muflih al-Qatani, Mr. Omar al-Saeed, Mr. Fowzan al-Harbi, Mr. Abdulkareem Yousef al-Khoder, Mr. Saleh al-Aswan, Ms. Wajeha al-Huwaider and Ms. Fawzia al-Oyouni. Serious concern was expressed about the detention, torture, solitary confinement, secret trials, sentences and travel bans reportedly imposed upon the named individuals on charges including, inter alia, takhbib, or incitement of a wife to defy the authority of her husband; harming public order and the image of the State and questioning the integrity of State officials; calling the governing system repressive, oppressive and racial, and belonging to an unlicensed group, namely the Saudi Civil and Political Rights Association (ACPRA). Serious concern was expressed about the possibility that the mistreatment of the aforementioned individuals was the direct result of their human rights activities, and about the restrictive effect these allegations have on the environment in which human rights defenders in Saudi Arabia must carry out their peaceful and legitimate work. In this context, the Special Rapporteur stresses that the Government has the obligation to protect the right to physical and mental integrity of all persons, a right that is set forth inter alia in the UDHR and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Special Rapporteur also wishes to draw the attention of the Government to paragraph 1 of Human Rights Council Resolution 16/23 which “[c]ondemns 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.” With regard to the allegations of solitary confinement, the Special Rapporteur reminds the Government of article 7 of the Basic Principles for the Treatment of Prisoners, which provides that “efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged” (adopted by the General Assembly by resolution 45/111 of 14 December 1990). The Special Rapporteur calls on the Government to conduct prompt and independent investigation into the alleged arrests, detention, acts of torture and ill-treatment and provide full redress to the victims, to clarify the circumstances surrounding the alleged secret trials and sentences imposed upon the named individuals, 96

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