A/HRC/22/53/Add.4
under the coordination of the Ministry of Women‟s Empowerment and Child Protection and
will also involve civil society, religious community and international organizations in the
process. However, the Special Rapporteur would like to draw the attention of the
Government to article 5(a) of the Convention on the Elimination of All Forms of
Discrimination against Women which calls for States to take "all appropriate measures to
modify the social and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other practices which are based
on the idea of the inferiority or superiority of either of the sexes or on stereotyped roles for
men and women." The Special Rapporteur believes that female circumcision amounts to
torture or cruel, inhuman and degrading treatment and that regulating it – even for purposes
of ensuring safe and professional procedures -- serves only to provide cover for a practice
that violates the State‟s obligations under international law. He insists that the Government of
Indonesia repeal the abovementioned legislation.
(e)
JUA 28/09/2012 Case No. IDN 24/2012 State reply: None to date Harrassment against
members of the Peoples Movement Against Nuclear Energy (PMANE) and other
human rights defenders.
48. The Special Rapporteur regrets that the Government of India has not responded to this
communication, thereby failing to cooperate with the mandate issued by the Human Rights
Council. The communication referred to the alleged acts of harassment against members of
the Peoples Movement Against Nuclear Energy and other human rights defenders. The
Special Rapporteur recalls principle 4 of the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials which provides that, “[l]aw enforcement officials, in
carrying out their duty, shall, as far as possible, apply non-Violent means before resorting to
the use of force and firearms.” In addition, principle 5 provides that, “[w]henever the use of
force and firearms is unavoidable law enforcement officials shall, (a) Exercise restraint in
such use and act in proportion to the seriousness of the offence and the legitimate object to be
achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure
that assistance and medical aid are rendered to any injured or affected persons at the earliest
possible moment and (d) Ensure that relatives or close friends of the injured or affected
person are notified at the earliest possible moment.” Without any evidence to the contrary,
the Special Rapporteur determines that the rights of the victims under the UN Convention
against Torture have been violated, and calls on the Government to investigate, prosecute,
and punish all cases of torture, providing full redress to the victims, including fair and
adequate compensation, and as full rehabilitation as possible.
Iran (Islamic Republic of)
(a)
JUA 16/02/2012 Case No. IRN 2/2012 State reply: None to date Alleged torture,
prolonger solitary confinement and imminent execution.
49. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 16 February 2012, thereby failing to cooperate
with the mandate issued by the Human Rights Council. The communication referred to the
imminent execution of Messrs. Saeed Malekpour, Ahmadreza Hashempour, Vahid Ashghari
and Mehdi Alizadeh Fakhrabad. Mr. Malekpour was the subject of a previous communication
sent on 31 December 2010, yet no reply has been received. The Special Rapporteur expresses
serious concerns of the physical and mental integrity of Mr. Malekpour and Mr. Vahid
Ashghari in light of allegations of acts of torture while in detention. Further concern is
expressed over Mr. Malekpour being held in solitary confinement for more than a year. In
this context, the Special Rapporteur reiterates that paragraph 1 of Human Rights Council
Resolution 16/23 “[c]ondemns all forms of torture and other cruel, inhuman or degrading
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