A/HRC/22/53/Add.4 those involved in the arrest and interrogation, nor has compensation been paid to Mr. Wad‟ani and his family. Regrettably, however, the Government did not mention the cases of the 24 other individuals who, according to the allegations, were arbitrarily arrested for their involvement in anti-government protests. In connection with the alleged mistreatment of Mr. Wad‟ami, the Special Rapporteur wishes to remind the government international standards require the State to investigate ex officio and without relying on the victim‟s initiative to complain, whenever there is reason to believe that torture has occurred. For that reason, he urges the government to conduct a prompt, independent and impartial inquiry into the matter and to remain engaged with the mandate. South Africa (a) JAL 16/09/2011 Case No. ZAF 2/2011 State reply: 19/10/2011, 31/01/2012, 29/02/2012 Alleged rape of sex worker by police while in detention. 177. The Special Rapporteur thanks the Government of South Africa for its response to this communication in reference to the alleged arbitrary arrest and rape of a sex worker by police officers. In its reply, the Government of South Africa states that there is no evidence that the alleged rape took place, and further notes that many past allegations of sex worker abuse have been vague and unfounded. The Government also notes that in some instances, courts have taken legal action against members of the police force and that statutes dealing with domestic violence, abuse, and torture are currently in place, or are being discussed. The Special Rapporteur, however, regrets that no further information has been provided by the Government in relation to the allegations of sexual abuse. The Special Rapporteur refers to his report to the Human Rights Council (A/HRC/7/3, para. 69), in which he stressed that “rape and other serious acts of sexual violence by officials in contexts of detention or control not only amount to torture or ill-treatment, but also constitute a particular egregious form of it, due to the stigmatization they carry.” The Special Rapporteur also would like to draw the attention of the Government to article 4 (c) and 4(d) of the United Nations Declaration on the Elimination of Violence against Women, which notes the responsibility of states to exercise due diligence to prevent, investigate and punish acts of violence against women, as well as articles 7 and 12 of the UN Convention against Torture, which require states to conduct prompt and impartial investigations wherever there are reasonable grounds to believe that torture has been committed, and to prosecute suspected perpetrators of torture. The Special Rapporteur determines that insufficient evidence has been provided in order to determine whether the State has acted in conformity with its obligations under international law. The Special Rapporteur urges the Government to provide more detailed information on the investigations that have been carried out, and to prosecute and punish the perpetrators of the alleged torture, and to provide redress to all victims. United States of America (h) JUA 19/08/2011 Case No. USA 15/2011 State reply: 02/04/2012 Alleged torture and illtreatment in immigration facilities. 178. The Special Rapporteur thanks the Government of the United States of America for its response to this communication in reference to allegations of torture and ill-treatment in immigration facilities. According to the information received, 16 gay and transgender individuals have allegedly been subjected to solitary confinement, torture and ill-treatment, including sexual assault, while in detention in U.S. immigration facilities. Furthermore, there was reportedly a lack of protection from persecution and respect for the principle of non- 100

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