A/HRC/31/57/Add.1 Malaysia JUA 21/05/2015 Case No. MYS 2/2015 State reply: None to date Allegation concerning “push back” policies of migrants and asylum seekers from Myanmar and Bangladesh in the Bay of Bengal. 304. The Special Rapporteur regrets that the Government of Malaysia 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. 305. The 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) 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 regard, paragraph 9 of General Comment 20 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, in which the Human Rights Committee states that State parties “must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement.” Furthermore, paragraph 9 of the Resolution A/RES/61/253 of the UN General Assembly urges States “not to expel, return (“refouler”), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture.” The Special Rapporteur also insists that, although Malaysia is not a party to the CAT, it is bound by the international customary law rule codified in article 3 of the CAT that prohibits a State from expelling or extraditing a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture, which is an integral part of international human rights protection. 306. A ‘push back’ policy or practice effectively denies the intending immigrants a fair opportunity to state a claim that, if returned, they would face torture or cruel, inhuman or degrading treatment or punishment. In consequence, a ‘push back’ policy that has that effect constitutes a violation of a State’s obligations under Art. 3 CAT. 307. 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 Malaysia by implementing a “push back” policy has violated the right of migrants and asylum seekers from Myanmar and Bangladesh to be free from torture or cruel, inhuman or degrading treatment, as provided by article 3 of the CAT. 308. The Special Rapporteur strongly urges the Government of Malaysia not to implement any policies that may result in migrants and asylum seekers being returned to a country where they may face violence, persecution, torture or other cruel, inhuman or degrading treatment or punishment or other serious human rights violations. Mexico (a) AL 16/09/2014 Case No. MEX 16/2014 State Reply: 06/02/2015 Alegatos de actos de tortura sobre los Sres. Rodolfo Magaña Platas, Lauro González Cruz, Javier Borges Ávila, Jesús Octavio Vázquez Vargas e Idelfonso Juárez González 309. El Relator Especial agradece al Gobierno de México por su respuesta – recibida el 6 de febrero de 2015 -- a la comunicación de fecha 16 de septiembre de 2014. En particular, la comunicación hacía referencia a las alegaciones de tortura en contra de Rodolfo Magaña 53