A/HRC/22/53/Add.4 prohibiting torture and other cruel, inhuman or degrading treatment or punishment have been violated. The Special Rapporteur calls on the Government to investigate, prosecute and punish all allegations of ill-treatment and to end the practice of incommunicado detention. Kazakhstan (a) JUA 12/10/2012 Case No. KAZ 6/2012 State reply: none to date Alleged arrest and risk of extradition of Uzbec citizen facing religious persecution in Uzbekistan 76. The Special Rapporteur regrets that the Government of Kazakhstan has not responded to this communication dated 12 October 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged imminent extradition of Mr. Makhset Abdullayevich Djabbarbergenov to Uzbekistan by Kazakh authorities. The Special Rapporteur expresses concern over allegations that Mr. Djabbarbergenov, a practicing Protestant Christian, may face serious charges for exercising his freedom of religion and a risk of torture upon extradition to Uzbekistan. The Special Rapporteur stresses the Government‟s obligation to protect the right to physical and mental integrity of all persons, set forth inter alia in the UDHR, the ICCPR and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). In this context, the Special Rapporteur reiterates that article 3 of the Convention against Torture holds 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. The Special Rapporteur also draws the attention of the Government to paragraph 9 of General Commend No. 20 of 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. The Special Rapporteur additionally reminds the Government of paragraph 7d of Human Rights Council Resolution 16/23, which urges States not to expel, return, or extradite or in any other way transfer a person to another State where there are substantial grounds for believing that ht person would be in danger of being subjected to torture, stressing the importance of effective legal and procedural safeguards in this regard and recognizing that diplomatic assurances, where used, do not release States from their obligations under international human rights, humanitarian, and refugee law, in particular the principle of non-refoulement. The Special Rapporteur calls on the Government to ensure a thorough and fair assessment to ascertain whether Mr. Djabbarbergenov is at risk of being tortured or other cruel, inhuman or degrading treatment or punishment, and urges the Government to take all necessary measures to guarantee that his rights and freedoms are respected. (b) JUA 13/01/2012 Case No. KAZ 5/2011 State reply: None to date Allegations of widespread acts of violence and excessive use of force against protesters in Zhanaozen, Mangistau region. 77. The Special Rapporteur regrets that the Government of Kazakhstan 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 excessive use of force by law enforcement officials against protestors, including the deaths of many protestors. The Special Rapporteur reiterates principle 4 of the Basic Principles on the Use of Force and Firearms by Law Enforcement, which states that law 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. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result, in accordance with the principles of necessity and proportionality. In addition, if the use of force is unavoidable, principle 5 requires law 43