A/HRC/22/53/Add.4 Rapporteur spécial souligne que l'histoire de la torture passée devrait être considérée comme hautement pertinente pour déterminer la probabilité du risque de torture en cas de refoulement et que les assurances diplomatiques ne libèrent pas le Gouvernent de cette obligation. Le Rapporteur spécial reste disponible pour fournir tout appui technique dont aurait besoin le Gouvernement. Myanmar (a) JUA 29/11/2012 Case No. MMR 10/2012 State reply : 26/12/2012 Alleged violation of the fair trial and due procès rights 100. The Special Rapporteur thanks the Government of Myanmar for its reply, dated 26 December 2012, to this communication in reference to the incommunicado detention, denial of medical treatment and inadequate conditions in detention in the case of Dr. Tun Aung, a 65-year old man suffering from a tumor of the pituitary gland. In its reply, the Government states that Mr. Aung has access to medications “under an arrangement made by the prison authorities,” and that he has received medical examinations on two occasions in December 2012. The Special Rapporteur acknowledges the Government‟s response, but regrets the Government‟s failure to address allegations that Mr. Aung was detained incommunicado for a period of three months. In this context, the Special Rapporteur reiterates the Standard Minimum Rules for the Treatment of Prisoners, Rule 22(2) of which provides that “[s]ick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishing and pharmaceutical supplies shall be proper for the medical care and the treatment of sick prisoners, and there shall be a staff of suitable trained officers.” With regards to allegations of incommunicado detention, the Special Rapporteur recalls paragraph 7c of Human Rights Council Resolution 8/8 of June 2008, which reminds all States that “Prolonged incommunicado detention or detention in secret places may facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatments, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person.” In the absence of evidence to the contrary, the Special Rapporteur finds that the rights of Dr. Aung under international law have been violated. The Special Rapporteur calls on the Government to ensure that all sick persons in detention are provided with proper medical care and treatment. Further, the Special Rapporteur urges the Government to undertake a prompt, independent and effective investigation of the facts surrounding Mr. Aung‟s alleged incommunicado detention, leading to the prosecution and punishment of the perpetrators, and to provide full redress to aforementioned persons. The Special Rapporteur also calls on the Government to abolish the practice of incommunicado and unacknowledged detention. Netherlands (a) UA 13/03/2012 Case No. NLD 1/2012 State reply: 20/08/2012 Alleged risk of torture and ill-treatment for asylum seeker facing deportation. 101. The Special Rapporteur thanks the Government of the Netherlands for its response, dated 20 August 2012, to the urgent appeal regarding an asylum seeker, Mr. Y, who was facing deportation to the Republic of Uganda, where he is reportedly at risk of torture and illtreatment. The Special Rapporteur acknowledges the Government‟s issuance of temporary asylum residence permit for Mr. Y, yet encourages the Government to address a long-term solution for Mr. Y as an individual facing persecution in his home country. In this context, 56