A/HRC/25/60/Add.2
Papua New Guinea
(a)
JUA 18/2/2013 Case No. PNG 1/2013 State reply: None to date Alleged torture and
murder of Kepari Leniata, a 20-year-old woman accused of sorcery.
122. The Special Rapporteur regrets that the Government of the Independent State of
Papua New Guinea has not responded to this communication, thereby failing to cooperate
with the mandate issued by the Human Rights Council. The communication referred to the
alleged torture and execution of Kepari Leniata on 6 Februrary 2013, for using sorcery to
kill a six-year-old boy. It is reported that she was publicly stripped naked, tied up, and
burned alive, while the crowd prevented the police from intervening. In this context, the
findings of the Special Rapporteur on violence against women regarding reports of
disproportionate numbers of executions of women accused of witchcraft and sorcery mirror
those of the former Special Rapporteur on Torture, who conducted an official visit to Papua
New Guinea in May 2010, and noted his concern regarding the lack of capacity to prevent
and investigate crimes relating to domestic violence, tribal fighting and accusations of
sorcery in his country mission report (A/HRC/15/52/Add.5 at para. 36). In the context of
the prohibition of torture, the Special Rapporteur reminds the Government of Papua New
Guinea 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 (accession of Papua New Guinea on 21 July 2008)
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 finds that the Government of Papua New Guinea is responsible for the torture
and execution of Ms. Kepari Leniata. He calls on the Government to undertake a prompt
and independent investigation into her torture and execution, leading to prosecution and
punishment of the perpetrators, and to provide full redress to the victim’s family.
Qatar
(a)
JUA 16/01/2013 Case No. QAT 1/2013 State Reply: 12/02/2013 Alleged immediate risk
of extradition of Mishal Al Mutiry, a former diplomat to Saudi Arabia, he may be in danger
of being subjected to torture and harsh sentences.
123. The Special Rapporteur thanks the Government of Qatar for its reply, dated 12
February 2013, to this communication in reference to the alleged risk of extradition of
Mishal Al Mutiry, a former diplomat to Saudi Arabia. It is reported that during his tenure at
the Saudi Arabian Embassy in the Netherlands, Mr. Mutiry was outspoken against the
activities of Embassy officials financing and supporting extremist groups in the
Netherlands. In 2004, it is alleged that he obtained political refugee status in the
Netherlands, but was subsequently kidnapped in Brussels in 2006, and sent back to Saudi
Arabia where he was tortured in prison. In 2011, it is reported that Mr. Mutiry escaped and
fled to Qatar where he was seeking asylum, but has since been threatened to be handed
back over to Saudi officials. In its reply, the Government of Qatar explained that Mr.
Mutiry was not extradited and that he was sent to Casablanca, Morocco. The Special
Rapporteur appreciates the reply and its commitment not to extradite Mr. Mutiry to Saudi
Arabia. He finds that Qatar has complied with its obligations under Art. 3 of the
Convention Against Torture (CAT) not to expel, return (refouler) or extradite a person to
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