A/HRC/28/68/Add.1
515. The Rapporteur takes note of the information provided by the Government that, on
the date of the dispatch of the reply, Mr. Raslan was still in detention, and that his case was
still under investigation. He regrets that, as of the drafting of this report, the Government
has not provided any update on the case. The Rapporteur moreover expresses grave concern
at the fact that the Government has failed, in its reply, to provide any information on Mr.
Raslan’s condition and whereabouts.
516. The Rapporteur hence finds that the Government’s reply does not sufficiently address
the concerns raised in the initial communication, and therefore the Government of Syria
fails fully and expeditiously to cooperate with the mandate issued by the Human Rights
Council in its resolution 25/13. It fails 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).
517. In absence of information to the contrary, the Rapporteur concludes that arbitrary
detention and conditions in Aleppo Central Prison constitute violations of the absolute
prohibition on torture and cruel, inhuman or degrading treatment or punishment and that the
Government of Syria has violated the right of Mr. Raslan to be free from torture or cruel,
inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
(c)
JUA 31/01/2014 Case No. SYR 3/2014 State Reply: None to date Allegations concerning
a deliberate policy to deprive people of access to food, safe drinking water, medical
care and adequate housing as a method of war.
518. The Special Rapporteur regrets that the Government of Syria has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and 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).
519. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Syria, by failing to protect the physical and psychological
integrity of civilians, inter alia, by depriving them from access to food, water, and medical
attention, has violated the right to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT, as well as incurred in grave
breaches of the Geneva Conventions and the law and customs of war.
(d)
JAL 30/05/2014 Case No. SYR 5/2014 State Reply: None to date Allegations of arbitrary
arrest and detention, denial of access to medical services whilst in detention, torture
and ill-treatment of Mr. Naef Al Refai, which eventually led to his death in May 2014.
520. The Special Rapporteur regrets that the Government of Syria has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and 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).
521. Mr Al Refai, a military judge, was reportedly arrested after he inquired about the fate
of his sister, who was suspected of being a political opponent. After months of
incommunicado detention, he was sentenced to ten years in prison, on a similar charge as
his sister. When his relatives eventually saw him in detention he had clear signs of torture
and mistreatment and of serious threat to his health as a result, and was being denied
medical attention. He died while still in custody in May of 2014.
87
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