A/HRC/31/57/Add.1
the Working Group on Arbitrary Detention (note no. 119/15 of 29 April 2015 – see link
above) in their separate regular procedure.
543. The Rapporteur regrets the lack of any information regarding the physical and
psychological integrity of Mr. Bassel Khartabil, and therefore concludes that there is
substance in the allegations presented in the initial communication, available via the link
above. The Government of Syria, by failing to protect the physical and psychological
integrity of Mr. Bassel Khartabil and subjecting him to incommunicado detention, has
violated his right to be free from torture or cruel, inhuman or degrading treatment, as
provided for, inter alia, Articles 1, 2 and 16 of the Convention Against Torture (CAT).
Thailand
(a)
JUA 12/02/2015 Case No. THA 1/2015 State Reply: 17/02/2015 Allegations concerning
the situation of a group of several hundred individuals, claiming to be Turks, who
continue to be held in various immigration detention centers (IDCs) and the shelters
of the Ministry of Social Development and Human Security (MSDHS) in Thailand and
remain at risk of deportation to China, where they may face arbitrary detention,
torture and other cruel, inhuman or degrading treatment or punishment, and
enforced disappearance.
544. The Special Rapporteur thanks the Government of Thailand for its reply, 17.02.2015,
to the present communication.
545. The Rapporteur takes note of the information provided by the Government of
Thailand, that the letter has been forwarded to the relevant agencies in Thailand and that the
Government is conducting an investigation on the case. The Rapporteur however finds that
the Government, in its reply, does not sufficiently address the concerns, legal obligations,
and questions raised in the initial communication, which prompts him to infer that the
Government fails to fully and expeditiously cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
546. In the absence of sufficient information to the contrary, the Rapporteur concludes
that there is substance in the allegations presented in the initial communication and thus,
that the Kingdom of Thailand by failing to protect the physical and psychological integrity
of these individuals, has violated their right to be free from torture or cruel, inhuman or
degrading treatment, as provided by articles 1 and 16 of the CAT.
547. The Rapporteur furthermore strongly urges the Government of Thailand to refrain
from extraditing these detained persons to any country where they would be at risk of
torture or cruel, inhuman or degrading treatment or punishment, thereby ensuring
compliance with article 3 of the CAT.
(b)
JUA 21/05/2015 Case No. THA 3/2015 State Reply: 22/05/2015 Allegation concerning
“push back” policies of migrants and asylum seekers from Myanmar and Bangladesh
in the Bay of Bengal.
548. The Special Rapporteur thanks the Government of Thailand for its reply, dated 22
May 2015, to the present communication.
549. The Rapporteur welcomes the information provided by the Government underscoring
its commitment to assist displaced persons and migrants at sea on humanitarian
considerations and will not push them back and takes note of the scheduled hosting of a
meeting regarding irregular migration with several affected states and relevant international
organisations on 29 May 2015. In spite of the information provided by the Government, the
Rapporteur regrets that the reply did not fully address the concerns in the initial
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