A/HRC/31/57/Add.1 certain circumstances, with adequate and effective safeguards in place, the use of prolonged (in excess of 15 days under conditions of total isolation) or indefinite solitary confinement may never constitute a legitimate instrument of the State, as it may cause severe mental and physical pain or suffering, a point which has been reiterated in paragraph 28 of the General Assembly resolution 68/156. Prolonged or indefinite solitary confinement runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment. 30. 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 Australia, by failing to protect the physical and psychological integrity of human rights defenders at immigration detention facilities under its control, including by failing to prevent ill-treatment, 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 articles 2 and 16 of the CAT and has failed to comply with its obligation to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as provided by its obligations under the Convention against Torture. (e) JUA 16/11/2015 Case No. AUS 7/2015 State Reply: 17/12/2015 Allegation concerning the alleged sexual violence against Ms. Nazanin Bagheri and ill-treatment faced by her and her brother, Mr. Omid Bagheri Jebeli, in the context of their detention in the Australian Regional Processing Centre in Nauru and their interaction with the Nauru National Police force. 31. The Special Rapporteur thanks the Government of Australia for its reply dated 12/17/2015 to the present communication. 32. In the response, the Government of Australia informed that Ms. Nazanin Bagheri and members of her family had received appropriate ongoing medical care. The Special Rapporteur welcomes that Ms. Nazanin Bagheri has been temporarily transferred to Australia for medical treatment and that she has been provided with telephone and internet services to effectively communicate with her family. The Special Rapporteur also welcomes information provided regarding the measures taken to prevent ill-treatment of asylum seekers; in particular, that service providers under contract with the Australian government receive training and that a strict code of conduct is in place. 33. The Special Rapporteur finds that the Government of Australia has complied with its obligations under Articles 2 and 16 of the Convention Against Torture (CAT). Azerbaijan (a) JUA 13/02/2015 Case No. AZE 1/2015 State Reply: None to date Allegations concerning the arbitrary detention and ill-treatment of Ms. Leyla Yunus, a leading Azerbaijani human rights defender, who has been held in pre-trial custody since 30 July 2014 34. The Special Rapporteur regrets that the Government of Azerbaijan 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 letter expressed grave concerns regarding the alleged arbitrary detention, detention conditions and ill-treatment of Ms. Yunus, which have caused her health to deteriorate and the lack of transparency in relation to documentation of torture, which risks contributing to its perpetuation. 35. In the absence of information to the contrary, the Rapporteur concludes that there is 11