A/HRC/31/57/Add.1
dessus. En échouant à prendre des mesures afin d’assurer l’intégrité physique et
psychologique de M. X et de diligenter une enquête sur les violations perpétrées et de
traduire les responsables en justice, la Guinée a failli à se conformer à l’interdiction absolue
de tout acte de torture et autres peines ou traitements cruels, inhumains ou dégradants,
comme codifié, entre autre, dans la Convention contre la torture et autres peines ou
traitements cruels, inhumains ou dégradants (CCT).
Hungary
JAL 07/09/2015 Case No. HUN 1/2015 State Reply: 24/11/2015 Allegations concerning
actions which prevent the mobility of asylum seekers and migrants by, for example,
sealing off a train station to prevent them from leaving Hungary and plans to erect a
four-meter-high fence to seal its 175-kilometer border with Serbia, and other actions
in contravention of non-refoulement obligation.
165. The Special Rapporteur thanks the Government of Hungary for its reply, dated 24
November 2015, to the present communication.
166. The Rapporteur takes note of the information provided by the Government that the
purpose of the fence is to channel the flow of migrants and asylum seekers towards
designated crossing points, and that the Government will do its best to keep the migration
flow within the EU legal framework including the protection of external borders, the
registration of asylum seekers and action against human traffickers. In spite of the
information supplied by the Government, its reply fails to inform the Rapporteur about the
Government’s consideration of its non-refoulement obligation.
167. the Rapporteur concludes that there is substance in the allegations presented in the
initial communication, available via the link above and that the Government of Hungary, by
failing to give immigrants a fair opportunity to state a claim that an impending extradition,
deportation or expulsion puts him or her at risk of torture, has violated its obligations, as
provided by articles 2, 3 and 16 of the CAT.
India
(a)
JAL 11/03/2015 and JAL 17/11/2015 Case No. IND 3/2015 and IND 14/2015 State Reply:
None to date Allegations concerning substandard and unsafe sterilization camps which
resulted in the deaths of 13 women and the critical condition of 70 others in the state
of Chhattisgarh.
168. The Special Rapporteur regrets that the Government of India 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. In particular, the letters expressed grave concerns
regarding the reported unsafe, substandard and unethical practice of sterilization of women
in Government sponsored camps in the state of Chhattisgarh resulting in deaths and medical
complications, and the absence of accountability for such unethical and dangerous medical
practices, and the lack of remedy for families and victims.
169. The Special Rapporteur would like to remind the Government of India of the
absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading
treatment or punishment, as an international norm of jus cogens, and as codified, inter alia,
in Human Rights Council Resolution 25/13 and General Assembly Resolution 68/156.
Health care practices that result in unnecessary pain and suffering through actions that
nullify free and informed consent on the part of their subjects, constitute a violation of the
State's obligations regarding the absolute prohibition of ill-treatment.
32
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