A/HRC/22/53/Add.4 Rights Council. The communication referred to the alleged arbitrary detention and torture of Mr. Muhammad Raed Al-Tawil, a volunteer with the Damascus-based humanitarian organization, the Syrian Arab Red Crescent. Mr. Al-Tawil was allegedly arrested without cause by Syrian security forces at Red Crescent headquarters, and was detained at the Al Khatib state security prison in Damascus. It is also alleged that Mr. Al-Tawil has suffered and continues to be subjected to torture and other forms ill-treatment during his detention. The Special Rapporteur reiterates that under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, each government has the obligation to protect the right to physical and mental integrity of all persons. Paragraph l of Human Rights Council Resolution 16/23 which “Condemns 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.” Additionally, article 12 of the Convention against Torture requires the competent authorities to undertake a prompt and impartial investigation wherever there are reasonable grounds to believe that torture has been committed. And article 7 of the Convention against Torture requires State parties to prosecute suspected perpetrators of torture. Since no evidence has been provided to the contrary, the Special Rapporteur finds that the rights of Mr. Al-Tawil under the Convention against Torture have been violated. The Special Rapporteur calls on the Government of Syria to promptly and impartially investigate, prosecute and punish these violations and their perpetrators, and to provide full redress, compensation and rehabilitation to the victim. Tajikistan (a) UA 08/06/2012 Case No. TJK 1/2012 State reply: 24/07/2012 Alleged torture and ongoing harrasments and threats 137. The Special Rapporteur thanks the Government of Tajikistan for its response to this communication in reference to the alleged arrest, torture, and harassment of Mr. Tagoibek Sharifbekov, a Tajik citizen, by police officers in the town of Vakhdat, Tajikistan. According to the allegation, Mr. Sharifbekov was detained by police officers and subjected to torture in an attempt to make him confess to committing a theft. Following his release, Mr. Sharifbekov filed several complaints with the Police Complaints Department. Since then, Mr. Sharifbekov has allegedly been subjected to harassment and was at one point attacked by members of the police force in an attempt to pressure him to withdraw the complaint. In its reply, the Government of Tajikistan stated that after a thorough investigation of the matter, they have determined that the allegations of torture and harassment are factually unfounded, and that disciplinary measures have not been taken against those allegedly responsible for these actions. The Government stated that forensic evaluations did not reveal any substantial physical evidence of the alleged torture, and that Mr. Sharifbekov had in fact been detained by police officers in Vakhdat several days earlier than he claimed in his allegation. Furthermore, the Government claims that no harassment took place, as alleged by Mr. Sharifbekov, given the fact that under Tajik law, a police complaint cannot be withdrawn once it has been submitted, thereby extinguishing any incentive to pressure Mr. Sharifbekov to withdraw the complaint. The Government claims to have taken disciplinary measures against certain police officers who were found to have arrested and detained Mr. Sharifbekov for over three hours without registering an official record of arrest, and who confiscated Mr. Sharifbekov‟s passports without filling out the required documents. The Government did not explain, however, what specific disciplinary measures were taken. The Special Rapporteur believes that forensic examinations that are not made by an impartial and independent expert cannot be conclusive on the issue of whether torture or mistreatment has occurred. Even if 76

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