A/HRC/22/53/Add.4
(b)
UA 19/06/2012 Case No. CYP 3/2012 State reply: None to date Alleged imminent
deportation to the Islamic Republic of Iran
31. The Special Rapporteur regrets that the Government of Cyprus has not responded to the
communication dated 19 June 2012, thereby failing to cooperate with the mandate issued by
the Human Rights Council. The communication referred to the alleged deportation to Iran of
Ms. Sadeghdoost and imminent deportation to Iran of Ms. Marjan Kazemian. The Special
Rapporteur reiterates article 3 of the Convention against Torture, 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 the absence of evidence to the contrary, the Special Rapporteur determines that
the rights of Ms. Sadeghdoost under the UN Convention against Torture have been violated,
and that the rights of Ms. Kazemian under the UN Convention against Torture will be
violated if she is deported to Iran. The Special Rapporteur calls on the Government not to
deport Ms. Kazemian, and to undertake a prompt and independent investigation, leading to
prosecution and punishment of the perpetrators of Ms. Sadedghdoost‟s deportation, as well as
providing full redress to the victims.
Democratic People‟s Republic of Korea
(a)
JAL 03/10/2012 Case No. PRK 1/2012 State reply: None to date Alleged use of labor
camps for political prisoners and pattern of human rights violations committed
therein.
32. The Special Rapporteur regrets that the Government of Democratic People's Republic of
Korea has not responded to this communication dated 3 October 2012, thereby failing to
cooperate with the mandate issued by the Human Rights Council. The communication
referred to the alleged use of labour camps for thousands of prisoners where a pattern of
human rights violations is committed. The Special Rapporteur expresses grave concern
regarding all of the persons allegedly detained arbitrarily and subsequently subjected to
torture in order to obtain false confessions. Moreover, the Special Rapporteur expresses
further concern regarding the fact that detainees are not given a trial and are held
incommunicado. Actual conditions at the labour camps, which include extrajudicial
executions, torture, forced labour, lack of adequate food, and severe health conditions, also
cause great concern. In view of these allegations, the Special Rapporteur reiterates that
paragraph 8(b) of Human Rights Council Resolution 16/23 of 12 April 2011, which reminds
States that “[p]rolonged incommunicado detention or detention in secret places can facilitate
the perpetration of torture and other cruel, inhuman or degrading treatment or punishment
and can in itself constitute a form of such treatment, and urges all States to respect the
safeguards concerning the liberty, security and the dignity of the person and to ensure that
secret places of detention and interrogation are abolished.” In light of the fact that no
evidence has been provided to the contrary, the Special Rapporteur concludes that these
practices violate the rights of the persons held in labour camps under international standards
prohibiting torture and other cruel, inhuman or degrading treatment or punishment. The
Special Rapporteur calls on the Government of Democratic People's Republic of Korea to
undertake a prompt, impartial, and effective investigation of the alleged acts of torture,
leading to prosecution and punishment of the perpetrators, and to provide redress to the
victims. Further, the Special Rapporteur urges the Government to end the practice of
incommunicado detention and to end the practice of sending political prisoners not yet
convicted of a crime to labour camps, especially given the dire conditions alleged.
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