A/HRC/22/53/Add.4
during a fourteen-day detention. Furthermore, he was denied regular meals, providing only
eight meals during the entire detention. The Special Rapporteur expresses concern regarding
Mr. Souvanh‟s current hospitalization due to the injuries sustained during his detention. In its
reply, the Government denies the allegations regarding Mr. Souvanh‟s arrest, detention, and
torture. The Government supports this claim citing an investigation taken on the allegations
and further suggests that such allegations are aimed at discrediting the image of the
Government. The Special Rapporteur notes the insufficiency of the information provided
relating to the specific investigation, and further asserts that all investigations must be
conducted in an impartial and independent manner. 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 treatment or punishment, including through
intimidation, which are and shall remain prohibited at any time and in any place whatsoever
and can thus never be justified, and calls upon all States to implement fully the absolute and
non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” If, at the conclusion of a thorough investigation, the Government finds that the
rights of Mr. Souvanh have been violated, the Special Rapporteur calls on the Government of
the Lao People‟s Democratic Republic to ensure that he obtains redress, including fair and
adequate compensation, and as full rehabilitation as possible. The Special Rapporteur
encourages the Government to continue its engagement with the mandate.
Lebanon
(a)
JAL 02/04/2012 Case No. LBN 2/2012 State reply: 30/05/2012, 06/06/2012 Allegations of
repeated physical and sexual abuse of an Ethiopian domestic worker, leading to
suicide.
84. The Special Rapporteur thanks the Government of Lebanon for its reply to this
communication dated 2 April 2012 regarding the alleged beating of a domestic worker, who
was reportedly trafficked to the country, abused by her employer, and subsequently detained,
ultimately leading to a transfer to a psychiatric hospital. The Special Rapporteur expresses
grave concern regarding the alleged beating and suicide in the psychiatric hospital in light of
the circumstances prior to her arrival in the hospital. In its reply, the Government reported
that the illegal recruitment office had been closed and the Government was conducting an
investigation regarding the allegations, subsequently charging one person for his role in
allegedly beating of the domestic worker and in trafficking her to the country. In this context,
the Special Rapporteur reiterates paragraph 18 of the General Comment No. 2 of the
Committee against Torture, where the Committee has made clear that “where State
authorities or others acting in official capacity or under color of law, know or have
reasonable grounds to believe that acts of torture or ill- treatment are being committed by
non-State officials or private actors and they fail to exercise due diligence to prevent,
investigate, prosecute and punish such non-State officials or private actors consistently with
this Convention, the State bears responsibility and its officials should be considered as
authors, complicit or otherwise responsible under the Convention for consenting to or
acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence
to intervene to stop, sanction and provide remedies to victims of torture facilitates and
enables non- State actors to commit acts impermissible under the Convention with impunity,
the State's indifference or inaction provides a form of encouragement and/or defacto
permission The Committee has applied this principle to States parties‟ failure to prevent and
protect victims from gender-based violence, such as rape, domestic violence, female genital
mutilation and trafficking.” The Special Rapporteur calls on the Government of Lebanon to
ensure that any alleged acts of torture are prosecuted and the punishment of the perpetrators.
The Special Rapporteur encourages the Government to continue its engagement with the
mandate.
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents