A/HRC/28/68/Add.1
that any investigation has taken place with regards to the allegations of mistreatment of Mr.
Sodikov. The Government’s reply therefore fails to fully and expeditiously cooperate with
the mandate issued by the Human Rights Council in its resolution 25/13, as well as with the
State’s 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).
536. It has come to the attention of the Rapporteur that Mr. Sodikov was released from
detention. Notwithstanding, the Rapporteur concludes that the Government of Tajikistan
has failed to protect the physical and psychological integrity of Mr. Sodikov, and has
violated his right to be free from torture or cruel, inhuman or degrading treatment, as
provided by articles 1 and 16 of the CAT.
Tanzania
(a)
JAL 02/04/2014 Case No. TZA 1/2014 State Reply: None to date Allegations of beatings
of three Maasai pastoralists, Munjaa son of Musa, age 24, Kendo son of Maiwa, age 46
and Naboye Ngukwo, age 27 from Sukenya Village, an area subject to ongoing dispute
regarding access to land and forcible eviction of Maasai families.
537. The Special Rapporteur regrets that the Government of Tanzania 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).
538. The allegation letter referred to the assaults on Messrs. Munjaa, Kendo and Naboye
by wardens of the corporation with which the Maasai are in dispute over land, an incident
in which the wards were assisted by policemen of the region. All three members of the
ethnic minority were repeatedly beaten while being detained and later in the premises of the
company. The Government of Tanzania has failed to respond to joint appeals sent in 2009
and 2013 about similar incidents affecting Maasai citizens.
539. 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 Tanzania, by failing to protect the physical and psychological
integrity of Munjaa son of Musa, Kendo son of Maiwa, and Naboye Ngukwo, 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.
(b)
JAL 08/08/2014 Case No. TZA 2/2014 State Reply: None to date Allegations of on-going
attacks against persons with albinism resulting in death or severe maiming, and
allegations that they do not receive adequate protection from the State; and reports
according to which persons with albinism who have been displaced due to the
prevalence of such attacks, and particularly children, are subjected to abusive
treatment and substandard living conditions in a number of State-run institutions in
which they seek refuge.
540. The Special Rapporteur regrets that the Government of Tanzania has not, as of the
drafting of this report, 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).
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