A/HRC/31/57/Add.1
603. In the absence of the 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 is therefore of the view that the Government of the United Arab Emirates, by
failing to protect the physical and psychological integrity of Mr. Nasser bin Ghaith 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).
(e)
JUA 20/11/2015 Case No. ARE 4/2015 State Reply: 18/12/2015 Allegations concerning
the arbitrary detention, incommunicado detention, torture and ill-treatment, of 6
Libyan businessmen, namely Mr. Salim Alaradi and Mr. Mohamed Alaradi, brothers
and both Libyan-Canadian citizens, Mr. Kamal Ahmed Al Darrat and Mr. Mohamed
Kamal Al Darrat, father and son, both Libyan-American citizens, and Mr. Adel Rajab
Beleid Nasef, Libyan citizen, in the United Arab Emirates (UAE).
604. The Special Rapporteur thanks the Government of the United Arab Emirates for its
reply, dated 18 December 2015, to the present communication.
605. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply.
606. The Rapporteur will make his views on the case known later on, after being able to
read an English version of the reply.
United Kingdom of Great Britain and Northern Ireland
(a)
JUA 02/12/2014 Case No. GBR 6/2014 State Reply: 26/02/2015 Allegation concerning
the continued detention of Mr. Liaquat Ali Hazara, a human rights defender and
member of a religious minority in Pakistan, and the risk Mr. Hazara faces of being
tortured and killed should he be forcibly returned to Pakistan, in contravention to the
United Kingdon’s non-refoulement obligation.
607. The Special Rapporteur thanks the Government of the United Kingdom of Great
Britain and Northern Ireland for its reply, dated 26 February 2015, to the present
communication.
608. The Rapporteur takes note of the information provided by the Government that Mr.
Hazara was granted bail by an immigration Judge and is no longer in detention. However,
although at the date of the communication Mr. Hazara had, due to the lack of emergency
travel documents, not yet been deported to Pakistan, where he risks being tortured, there is
substantial risk that he could be at any moment. The Rapporteur therefore 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.
609. The Special Rapporteur would like to draw the Government’s attention to Article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), ratified by the United Kingdom of Great Britain and Northern Ireland
on 8 December 1988, which provides that no State party shall expel, return (“refouler”), or
extradite a person to another State where there are substantial grounds for believing that the
person would be in danger of being subjected to torture. In this context, at paragraph 9 of
General Comment No. 20 on the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment, the Human Rights Committee states that State parties
“must not expose individuals to the danger of torture or cruel, inhuman or degrading
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