A/HRC/31/57/Add.1
of witnesses inside the prison, solitary confinement may also give rise to other acts of
torture or ill-treatment.
448. In the absence of information to the contrary, 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 Papua New Guinea, by failing to protect the physical
and psychological integrity of human rights defenders at immigration detention facilities in
Papua New Guinea, including failing to prevent ill-treatment and torture, incommunicado
detention in solitary confinement and restriction on the access to food, medical care, water
and sanitation, has violated the rights of the human rights defenders to be free from torture
and other forms of cruel, inhuman and degrading treatment, as provided by article 7 of the
ICCPR.
Philippines
JAL 22/05/2015 Case No. PHL 2/2015 State Reply: None to date Allegations concerning
the continued pre-trial detention and conditions of detention of Mr. Scott McMahon
449. 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.
450. In the absence of information to the contrary, 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 the Philippines, by detaining Mr McMahon in
deplorable conditions for more than four years and by failing to protect his physical and
psychological integrity, has violated his right to be free from torture or cruel, inhuman and
or degrading treatment, as codified in articles 2 and 16 of the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). With regards to
the present case, the Special Rapporteur reminds the Government of the Philippines that the
Committee against Torture and the Human Rights Committee have consistently found that
conditions of detention can amount to cruel, inhuman and degrading treatment and recalls
that these practices have been authoritatively deemed to breach a State’s obligations under
international law, inter alia, in Rules 12 through 18(1) and 22 of the Mandela Rules, as
readopted from the United Nations Standard Minimum Rules for Treatment of Prisoners,
amended on Nov. 5, 2015 by the General Assembly.
Portugal
JAL 03/06/15 CASE No. PRT 1/2015 State Reply: 05/08/2015 Allegations concerning
complicity in the torture, incommunicado detention, and extraordinary rendition of
Mr. Abou Elkassim Britel.
451. The Special Rapport thanks the Government of Portugal for its reply, dated 5
August, 2015, to the present communication.
452. The Rapporteur takes note of the information provided by the Government of
Portugal concerning allegations of complicity in the torture, incommunicado detention, and
extraordinary rendition of Mr. Abou Elkassim Britel. He further welcomes the
Government’s cooperative efforts in this matter. However, notwithstanding its report on the
outcome of the Attorney General’s investigation, the Government’s reply does not provide
sufficient information concerning the nature and outcome of this investigation..
453. As observed by the Special Rapporteur in his interim report on extraterritoriality, a
State may be found complicit in acts of torture and cruel, inhuman and degrading treatment
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