A/HRC/28/68/Add.1 execution of Mr. Muhammad, 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. The Rapporteur calls on the Government of the United States to take appropriate measures in order to ascertain that the practice of executions be abolished in the future, including by undertaking a prompt, impartial, and effective investigation of the alleged acts of torture, prosecuting and punishing the responsible for those acts, and providing redress to the victim’s family for the torture and execution of Mr. Muhammad. (b) JUA 05/12/2013 Case No. USA 20/2013 State Reply: 05/12/2013 Allegations concerning the situation of Mr. Djamel Ameziane, born in 1967, ethnic Berber from Algeria who fled Algeria in early 1990s and unsuccessfully sought asylum in Austria and Canada before he was reportedly detained in Pakistan and transferred to Guantanamo Bay, Cuba. Mr. Ameziane is at risk of being forcibly transferred to Algeria where it is feared that he will be subjected to torture and ill-treatment. Mr. Ameziane is currently seeking resettlement in a safe third country. 609. The Special Rapporteur thanks the Government of United States of America for its reply, dated 05.12.2013, to the present communication. 610. The Rapporteur takes note of the information provided by the Government regarding its policy on extradition. 611. 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 25/13, 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). 612. It has come to the attention of the Special Rapporteur, that Mr. Ameziane was extradited on 05.12.13 to Algeria. The Rapporteur condemns the extradition, which is a violation of article 3 of the CAT, and urges on the Government of the United States to rescind the deportation order, and to ensure the return of the aforementioned individual to the United States. Moreover, the Rapporteur calls on the Government to take appropriate measures in order to ascertain that extraditions in violation of article 3 of the CAT do not take place in the future, including the investigation, prosecution and punishment of those responsible for the illegal extradition of Mr. Ameziane. (c) JAL 20/12/2013 Case No. USA 21/2013 State Reply: None to date Allegations concerning a lethal air strike in the Republic of Yemen on 12 December 2013, allegedly involving the use of armed drones belonging to the authorities of the United States of America. 613. The Special Rapporteur regrets that the Government of the United States 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). 614. 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 United States, by conducting an air strike that killed at least 12 and injured at least 10 individuals, the majority of whom were civilians, has violated the right of these civilians to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. 100

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