A/HRC/22/53/Add.4 which occurred more than 50 years ago is not possible. The Government further expressed the view that it is not bound under international human rights obligations to take measures in relation to events that took place prior to the ratification or entry into force of the relevant instruments. However, the Government also states that different considerations may apply to criminal cases and article 29 of the Rome Statute of the International Criminal Court which relates to prosecutions for crimes within the jurisdiction of the International Criminal court. In this context, the Special Rapporteur expressed concern over the Government‟s alleged claim that the complaint is time barred by virtue of the Limitation Act of 1980. The Special Rapporteur reiterates that taking into account the grave nature of acts of torture, they cannot be subject to any statute of limitations. He reiterates that in accordance with Article 7 and Article 29 of the Rome Statute of the International Criminal Court, adopted by the Government of the United Kingdom on 4 October 2001, widespread and systematic torture constitutes a crime against humanity and shall not be subject to any statute of limitations. The Special Rapporteur calls on the Government to undertake a prompt and impartial investigation into the above mentioned allegations of torture of Kenyan nationals by the British authorities prior to Kenyan independence, and to provide full redress to the victims, including fair and adequate compensation, and as full rehabilitation as possible in accordance with international law. (b) UA 18/09/2012 Case No. GBR 4/2012 State reply: 09/10/2012 Alleged risk of torture for Sri Lankan nationals of Tamil ethnicity facing involuntary repatriation 146. The Special Rapporteur thanks the Government of the United Kingdom of Great Britain and Northern Ireland for its response to this communication regarding the alleged imminent involuntary repatriation to Sri Lanka of Mr. X, Mr. Y and Mr. Z, as well as a potential large number of other Sri Lankan nationals of Tamil ethnicity, who allegedly face a serious risk of torture in Sri Lanka. The Special Rapporteur notes that 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 also draws the attention of the Government to paragraph 16 of the Resolution A/RES/65/206 of the UN General Assembly which urges States “not to expel, return (“refouler”), extradite or in another way transfer a person to another States where there are substantial grounds for believing that the person would be danger of being subjected to torture, and recognizes that diplomatic assurances, where used, do not release States from their obligation under international human rights, humanitarian and refugee law, in particular the principle of nonrefoulement.” The Government indicated that it carefully considers all asylum and human rights applications from Sri Lanka nationals, including those of Tamil ethnicity, and that applicants at risk of persecution and ill treatment upon repatriation are granted protection. The Special Rapporteur thanks the Government for its confirmation that some injunctions stopping removal from the United Kingdom were granted. Nevertheless, the Special Rapporteur notes that the Government did not address allegations that the aforementioned individuals are at a significant risk of torture at the hands, consent, or acquiescence of Sri Lankan authorities. The Special Rapporteur urges the Government to take all necessary measures to guarantee that the rights and freedoms of Sri Lankan nationals are respected and, if investigations support or suggest the allegations to be correct, to adopt effective measures to prevent repatriation. (c) UA 02/10/2012 Case No. GBR 5/2012 State reply: None to date Alleged risk of torture and prolonger solitary confinement for persons facing extradition 147. The Special Rapporteur regrets that the Government of the United Kingdom of Great Britain and Northern Ireland has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication 81