A/HRC/28/68/Add.1 (b) JAL 05/06/2014 Case No. CYP 3/2014 State Reply: 05/08/2014 Allegations of acts of intimidation and reprisals for cooperation with the UN, its mechanisms and representatives in the field of human rights in the form of the temporary arrest and ill-treatment of Mr. Doros Polykarpou. 130. The Special Rapporteur thanks the Government of Cyprus for its reply, dated 05.08.2014, to the present communication. 131. The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns raised in the initial communication about the allegations of acts of intimidation and reprisals against Mr. Doros Polykarpou for having cooperated with UN Committee Against Torture (UNCAT), which resulted in his temporary arrest and illtreatment. 132. The Rapporteur takes note of the information provided by the Government about the number of warrants issued against Mr. Polykarpou and their transmission to him both in writing and orally; about the subsequent procedure of payment of two of the three fines; about who has the authority to issue the warrants and who can execute them; about the fact that he was warned orally that if he failed to pay the fine the warrant would be executed during his visit to Mennogeia Detention Center; about the fact that he was allowed to call his wife who is also a lawyer and about the fact that water was offered while in prison. Notwithstanding, the Rapporteur wants to remind the government that Rule 8 b) of the Standard Minimum Rules for the Treatment of Prisoners affirms that untried prisoners shall be kept separate from convicted persons. In the case at hand, Mr. Polykarpou affirms being placed in the same wing as the convicted persons while in Central Prison in Nicosia and the Government's reply does not address this serious allegation. 133. Considering the present scenario, the Rapporteur asks for information regarding any investigation that has been conducted related to the allegations of having been handcuffed throughout his imprisonment and having been denied access to a legal representative. Taking into account the delicate situation of human rights defenders and the seriousness of the allegation of reprisal for accessing the UN system of human rights protection, the Special Rapporteur asks the government to present the letters informing Mr. Polykarpou of the pending warrants or any records that can account for that information being transmitted to him. Democratic People's Republic of Korea JUA 17/12/2013 Case No. PRK 1/2013 State Reply: None to date Allegations concerning the cases of Mr. Jang Sung-Taek, who was reportedly executed on 12 December 2013 and the executions of Mr. Jang-Lee Yong-ha and Mr. Jang Soo-kee. 134. The Special Rapporteur regrets that the Government of Democratic People's Republic of Korea 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). 135. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a 23

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