A/HRC/22/53/Add.4 the Special Rapporteur reiterates Article 3 of the Convention against Torture, which provides 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. In this regard, the Human Rights Committee has stated 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” (paragraph 9 of the Human Rights Committee‟s General Comment No. 20 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment). The Special Rapporteur urges the Government of the Netherlands to continue to protect Mr. Y‟s right to physical and mental integrity. The Special Rapporteur encourages the Government of the Netherlands to continue its engagement with the mandate. (b) AL 07/06/2012 Case No. NLD 2/2012 State reply: 20/08/2012 Alleged death in custody 102. The Special Rapporteur thanks the Government of the Netherlands for its response, dated 20 August 2012, to the letter of allegation regarding Mr. Ihsan Gurz who was allegedly arrested by police using excessive violence, and died later that day while in custody. The Special Rapporteur had expressed concern in light of allegations of the Government‟s failure to conduct an exhaustive and impartial investigation. The Government‟s reply responded to such allegations calling them mostly false and incomplete, yet failed to respond substantively to them. The Special Rapporteur reiterates the Government‟s obligations under the International Covenant on Civil and Political Rights, which include in Article 6 that no one shall be arbitrarily deprived of his or her life. When the State detains an individual, it is held to a heightened level of diligence in protecting that individual‟s rights. In this context, the Special Rapporteur reminds the Government that when an individual dies as a consequence of injuries sustained while in State custody, there is a presumption of State responsibility. Due to the Government‟s insufficient response and based on the allegations presented, the Special Rapporteur concludes that the rights of Mr. Gurz under international law have been violated. The Special Rapporteur urges the Government of the Netherlands to undertake a prompt and independent investigation of Mr. Gurz‟s death, leading to the prosecution and punishment of the perpetrators, and to provide full redress to the victim‟s family. The Special Rapporteur encourages the Government of the Netherlands to continue its engagement with the mandate. (c) JUA 04/07/2012 Case No. NLD 3/2012 State reply: 20/08/2012 Alleged imminent deportation to People‟s Republic of China 103. 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. Kurbanjan Mutalip, who was facing deportation to the People‟s Republic of China, where he is reportedly at risk of torture and ill-treatment. The Special Rapporteur acknowledges the Government‟s issuance of a residence permit for Mr. Mutalip. In this context, the Special Rapporteur reiterates Article 3 of the Convention against Torture, which provides 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 urges the Government of the Netherlands to continue to protect Mr. Mutalip from the risk of torture or cruel, inhuman or degrading treatment or punishment. The Special Rapporteur encourages the Government of the Netherlands to continue its engagement with the mandate. 57