A/HRC/25/60/Add.2
she submitted a complaint to the Government alleging interference in the administration of
justice by a member of Parliament. Shortly after her arrest, Ms. Moukhortova underwent a
psychiatric examination, was diagnosed with a “delusional disorder,” and found guilty of
the aforementioned charges. From August 2010 to September 2011, Ms. Moukhortova
continued to be detained in prison facilities and in the Aktas regional psychiatric hospital,
and was only released in September 2011. In September 2012, Ms. Moukhortova was
forcibly taken to the Blakhash psychiatric clinic on August 9, 2013. As of the time of this
communication, Ms. Moukhortova remained hospitalized against her will and it was alleged
that her lawyer was refused permission to visit her. In the case of Mr. Aleksandr
Kharlamov, it is reported that in March 2013 he was arrested and detained on charges of
“incitement of social, national, ethic, racial or religious hatred,” after a determination by the
Forensic Science Institute of East Kazakhstan that his writings aimed at inciting religious
hatred. After a psychiatric examination at the Republican Scientific/Practical Center if
Psychiatry, Psychotherapy and Narcology in Almaty found Mr. Kharlamov sane, he was
moved to a pre-trial detention center (SIZO) and his case was referred for further
investigations on the basis of article 202 of the Criminal Procedure Code on changing the
charges/indictment. Concern was expressed that given the lack of a criminal case against
Mr. Kharlamov, authorities may have shifted their focus to detaining him on grounds of
insanity.
Mr. Kharlamov reportedly remained in detention at the time of this
communication. In this context, the Special Rapporteur reiterates that each Government has
the obligation to protect the right to physical and mental integrity of all persons, set forth
inter alia in the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The Special Rapporteur additionally wishes to recall
the absolute prohibition of torture and ill-treatment, as reiterated in paragraph 1 of Human
Rights Council Resolution 16/23, adopted in April 2011, 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.” Regarding the alleged temporary psychiatric confinement of Mr. Kharlamov
and forced psychiatric hospitalization of Ms. Moukhortova, the Special Rapporteur would
also like to draw the Government’s attention to his 2013 report (A/HRC/22/53) 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 can constitute forms of torture and ill-treatment
(A/63/175, paras. 44, 47, 61, 63; Human Rights Committee, communication No. 110/1981)
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). The Special Rapporteur urges the Government to take all necessary measures to
safeguard the physical and psychological integrity and fundamental rights of all persons.
Lebanon
(a)
UA 08/07/2013 Case No. LBN 1/2013 State reply: None to date Allégations portant sur
des actes de torture et de mauvais traitements ayant été commis par les forces armées
libanaises à l’encontre de MM. Adnan Al Awaja et Abdel Basset Barakat.
91.
Le Rapporteur spécial regrette qu’ au moment de la finalisation du présent rapport il
n’y ait eu encore aucune réponse du gouvernement libanais quant àla communication
envoyée le 8 juillet 2013 et concernant des actes de torture et de mauvais traitements ayant
été commis par les forces armées libanaises à l’encontre de MM. Adnan Al Awaja et Abdel
Basset Barakatdeux, détenus avec une trentaine d’autres personnes, à la suite des
66
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