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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