A/HRC/28/68/Add.1
431. The Special Rapporteur regrets that the Government of the Philippines 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).
432. 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 the Philippines, by failing to revise the proposed provisions of
the Code of Crimes, will likely violate women and girls’ right to be free from torture or
cruel, inhuman or degrading treatment, as provided for in articles 1 and 16 of the CAT.
(b)
JAL 27/11/2014 Case No. PHL 5/2014 State Reply: None to date. Allegations concerning
the slow progress of the trial in the case of the “Maguindanao Massacre,” the killing
of witnesses to the trial, the lack of reparations, including compensation and
satisfaction, to the survivors and families of the victims, as well as the restricted access
of the media to the trial’s hearings and proceedings.
433. The Special Rapporteur regrets that the Government of Philippines 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).
434. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, that no proceedings in
individual cases related to the “Maguindanao Massacre” have concluded; and that witnesses
have been killed and their family members have been attacked, threatened, and harassed.
Thus, the Rapporteur concludes that the Government of the Philippines, by failing to
protect the physical and psychological integrity of at least four witnesses who were
subsequently killed and by failing to provide reparations to survivors and their families, has
violated their right to be free from torture or cruel, inhuman or degrading treatment, as
provided for in articles 1 and 16 of the CAT.
Qatar
JUA 24/02/2014 Case No. QAT 1/2014 State Reply: 07/04/2014 Allegations concerning
human rights violations regarding the arrest, detention, trial and conviction of Mr.
Juan Pablo Iragorri Medina, a Colombian national currently held in detention in the
Central Prison in Doha.
435. The Special Rapporteur thanks the Government of Qatar for its reply, dated
07.04.2014, to the present communication.
436. The Rapporteur takes note of the information provided by the Government regarding
the facts of Mr. Irragori Medina’s prosecution. However, he regrets that no substantive
investigation, addressing the claims of torture and ill-treatment seems to have taken place.
437. The Rapporteur finds that the Government, in its reply, does not sufficiently address
the concerns raised in the initial communication, which prompts him to infer that the
Government fails to fully and expeditiously cooperate with the mandate issued by the
Human Rights Council in its resolution 25/23, as well as to comply with its obligation,
under international customary law, to investigate, prosecute and punish all acts of torture
74
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