A/HRC/31/57/Add.1
above, and that the Government of Nauru, by failing to protect the physical and
psychological integrity of human rights defenders at immigration detention facilities in
Nauru, including 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 in
articles 7 and 12 of the CAT.
(b)
JUA 16/11/2015 Case No: NRU 3/2015 State Reply: None to date Allegations concerning
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.
372. The Special Rapporteur regrets that the Government of the Republic of Nauru has not
replied to the present communication, thereby failing to cooperate with the mandate issued
by the Human Rights Council Resolution 25/13.
373. 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 is therefore of the view that the Government of the Republic of Nauru, by
failing to protect the physical and psychological integrity of Ms. Nazanin Bagheri and of
Mr. Omid Bagheri Jebeli, has violated their right to be free from torture or cruel, inhuman
or degrading treatment, as provided for, inter alia, Article 1, Article 2 and Article 16 of the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT).
Nepal
JAL 20/08/2015 Case No. NPL 2/2015 State Reply: None to date Allegations concerning
alleged use of force by the police to disperse a peaceful protest in Kathmandu, and
serious injuries sustained by several protesters, including human rights defenders Ms.
Kamala Hemchuri, Ms. Durga Sob, and Mr. Ganesh B.K.
374. The Special Rapporteur regrets that the Government of Nepal 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.
375. 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 Nepal, by applying excessive use of force in dispersing
a protest and thereby injuring several individuals, including Ms. Kamala Hemchuri, Ms.
Durga Sob, and Mr. Ganesh B.K., and by failing to provide any additional information or
details of the investigation into the allegations, has violated the rights of the above named
individuals to be free from cruel, inhuman and degrading treatment, as provided by
article16 of the CAT and has failed to comply with its obligation to investigate, prosecute
and punish such acts, as provided in articles 7 and 12 of the CAT.
65
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