A/HRC/22/53/Add.4
result of any investigation, medical examination, and judicial or other inquiries which may
have been carried out in relation to these cases.
Barbados
(a)
JUA 01/11/2012 Case No. BRB 1/2012 State reply: None to date Allegation that a
stateless person of Cuban origin is being held in detention without any legal basis
16. The Special Rapporteur regrets that the Government of Barbados has not responded to
this communication, thereby failing to cooperate with the mandate established by the Human
Rights Council. The communication referred to allegations that Mr. Raul Garcia, a Cuban
native, who has been deprived of his liberty in excess of his prison sentence for over two
years, and is being held in solitary confinement at the maximum security Dodd Prison. In this
context, the Special Rapporteur would like to remind the Government of the obligation to
protect the right to physical and mental integrity of all persons, which is set forth inter alia in
the UDHR and ICCPR. The Special Rapporteur also recalls paragraph 6 of General Comment
20 of the Human Rights Committee, which states that prolonged solitary confinement of the
detained or imprisoned person may amount to acts prohibited by article 7 [on the prohibition
of torture and other cruel, inhuman or degrading treatment or punishment] of the ICCPR.
The Special Rapporteur would also like to refer to article 7 of the Basic Principles for the
Treatment of Prisoners, which provides that “efforts addressed to the abolition of solitary
confinement as a punishment, or to the restriction of its use, should be undertaken and
encouraged.” (Adopted by the General Assembly by resolution 45/111 of 14 December
1990). In the absence of evidence to the contrary, the Special Rapporteur determines that the
rights of Mr. Garcia have been violated. The Special Rapporteur calls on the Government to
provide information regarding the legal grounds for Mr. Garcia‟s detention in excess of his
prison sentence, and to undertake a prompt and independent investigation into his alleged
mistreatment, leading to prosecution and punishment of the perpetrators, and to provide full
redress to the victim. The Special Rapporteur further calls upon the Government to abolish or
restrict the use of solitary confinement as a punishment and adopt measures that promote
rehabilitation of those held in detention.
Brazil
(b)
JAL 16/05/2012 Case No. BRA 5/2012 State reply: None to date The National Truth
Commission of Brazil was formally constituted with the appointment of the
Commission members on 16 May.
17. The Special Rapporteur welcomes the announcement of a National Truth Commission
tasked with investigating human rights violations including killings, torture and forced
disappearances committed under military rule between 1964 and 1985. The Special
Rapporteur stresses that his thematic report to the Human Rights Council (A/ARC/19/61)
outlines how commissions of inquiry can be an effective tool in uncovering and bringing an
end to patterns of violations of violence and ill-treatment; taking the first steps towards
justice; addressing the victims‟ right to know the truth; and ensuring accountability of State
institutions and compliance with international human rights law.
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