A/HRC/28/68/Add.1
497. The Special Rapporteur thanks the Government of Sudan for its reply, dated
06.06.2014, to the present communication.
498. The Rapporteur welcomes the Government’s assurance to cooperate with the Human
Rights Council and its promise to review Mr. Mohamed Abdelrahman’s situation and that
of his family. However, the Rapporteur regrets that the Government has not, as of the
drafting of this report, submitted any substantive reply.
499. The Rapporteur hence finds that the Government’s reply does not sufficiently address
the concerns raised in the initial communication. The Government fails to cooperate fully
and expeditiously with the mandate issued by the Human Rights Council in its resolution
25/13, as well as to comply with its obligation, under international customary law, to
investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading
treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).
500. In the absence of information to the contrary, the Rapporteur concludes that the
allegations presented in the initial communication regarding the incommunicado detention
of Mr. Abdelrhman, intimidation of his family and attack against one of his relatives have
been substantiated. By holding him incommunicado and failing to protect his physical and
psychological integrity, or to investigate his whereabouts and detention conditions, and
failing likewise protect his family from intimidation and physical attacks, the Government
of Sudan has violated their right to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT.
Sweden
JUA 19/11/2014 Case No. SWE 1/2014 State Reply: 14/01/2015 Allegations concerning the expulsion
of Afghan journalist Mr. Saif Ur Rahman Shirzad from Sweden to Afghanistan, considering the
risks he may face, if expelled, in relation to his work as journalist, including risks of death or to be
subject to torture or cruel, inhuman, or degrading treatment.
501. The Special Rapporteur thanks the Government of Sweden for its reply, dated
14.01.2015, to the present communication.
502. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns, legal obligations and questions raised in the initial
communication.
503. He takes note of the information provided by the Government that Mr. Shirzad will
be appointed legal counsel for the re-examination of his need for protection in Sweden.
504. It has come to the attention of the Special Rapporteur that, as of the drafting of this
report, the extradition of Mr. Shirzad to Afghanistan has not taken place. The Rapporteur
strongly urges the Government of Sweden to protect the right of Mr. Shirzad to be free
from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of
the CAT, and to refrain from extraditing Mr. Shirzad to Afghanistan thereby ensuring
compliance with article 3 of the CAT.
Switzerland
UA 19/12/2013 Case No. CHE 3/2013 State Reply: 14/01/2014 Allégations de traitements
cruels, inhumains ou dégradants envers M. Mohamed Abdelmohsen Ahmed
505. Le Rapporteur spécial remercie le gouvernement de la Confédération suisse pour sa
réponse, datée du 14 janvier 2014, à la présente communication.
85
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