A/HRC/31/57/Add.1
535. 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 Swaziland failed to protect the
physical and psychological integrity of Mr. Maseko by holding him in solitary
confinement, and has violated his right to be free from torture or cruel, inhuman or
degrading treatment, as provided by articles 2 and 16 of the Convention against Torture.
536. It has come to the attention of the Special Rapporteur that on 30 June 2015 Mr.
Maseko was released from prison. The Rapporteur welcomes the decision of the
Government to release Mr. Maseko.
Syrian Arab Republic
(a)
JAL 30/05/2014 Case No. SYR 5/2014 State Reply: 06/02/2015 Allegations of arbitrary
arrest and detention, denial of access to medical services whilst in detention, torture
and ill-treatment of Mr. Nael al Refai, which eventually led to his death in May 2014.
537. The Special Rapporteur thanks the Government of the Syrian Arab Republic for its
reply, dated 06.02.2015, to the present communication.
538. In particular, the letter expressed grave concerns regarding the alleged arbitrary arrest
of Mr Al Refai, a military judge, after he inquired about the fate of his sister, who was
suspected of being a political opponent. After months of incommunicado detention, he was
reportedly sentenced in February 2014 in absentia to ten years in prison. When his relatives
eventually saw him on March 2014 in detention he had clear signs of torture and
mistreatment, and was being denied medical attention. He died while still in custody in
May of 2014
539. The Rapporteur takes note of the information provided by the Government regarding
the charges against Mr. Al Refai but regrets that no information has been provided
regarding the allegations of torture and ill-treatment nor of any potential investigation into
his death in custody
540. The Rapporteur hence 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,
541. 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 Syrian Arab Republic, by
failing to protect the physical and psychological integrity of Mr. Al Refai, and by denying
him access to medical treatment, which led to his death in detention, has violated his right
to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1,
and 16 of the CAT, and has failed to comply with its obligation, under international
customary law, to investigate, prosecute and punish all acts of torture and other cruel,
inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention
against Torture (CAT).
(b)
JUA 22/10/2015 Case No. SYR 2/2015 State Replies: 29/04/2015 and 30/10/2015
Allegation of enforced disappearance and subsequent incommunicado detention of
Mr. Bassel Khartabil
542. The Special Rapporteur thanks the Government of Syria for its reply dated 30
October 2015 to the present communication, in which it refers to its reply communicated to
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