A/HRC/22/53/Add.4
(d)
JUA 16/11/2012 Case No. ISR 12/2012 State reply: None to date Alleged detention, illtreatment and violations of due process rights of human rights defender
74. The Special Rapporteur regrets that the Government of Israel has not responded to this
communication dated 26 November 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to alleged arbitrary
detention and ill-treatment of Palestinian human rights defender Mr. Ayman Nasser. The
Special Rapporteur expressed grave concern for the physical and psychological integrity of
Mr. Nasser in view of allegations that he has been subjected to ill-treatment during lengthy
interrogations, denied proper medical attention, and held in an isolation cell under inadequate
conditions. In this context, the Special Rapporteur reminds the Government if its obligation
to protect the right to physical and mental integrity of all persons, which is set forth inter alia
under the UDHR, ICCPR and the CAT. The Special Rapporteur would like to refer to Human
Rights Council Resolution 16/23 which “[c]ondemns 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.” The
Special Rapporteur further reiterates paragraph 7c of Human Rights Council Resolution 8/8
of 18 June 2008, which reminds all states that “Prolonged incommunicado detention or
detention in secret places may facilitate the perpetration of torture and other cruel, inhuman
or degrading treatment or punishment and can itself constitute a form of such treatment, and
urges all states to respect the safeguards concerning the liberty, security, and the dignity of
the person.” Furthermore, he would like to remind the Government of Rule 22(2) of the
Standard Minimum Rules for the Treatment of Prisoners, which provides that “[s]ick
prisoners who require specialist treatment shall be transferred to specialized institutions or to
civil hospitals. Where hospital facilities are provided in an institution, their equipment,
furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of
sick prisoners, and there shall be a staff of suitable trained officers.” In the absence of
evidence to the contrary, the Special Rapporteur determines that Mr. Nasser‟s rights under
the relevant standards have been violated, and calls on the Government to undertake a
prompt, independent and effective investigation of the facts, leading to the prosecution and
punishment of the perpetrators, and to provide full redress to the victim.
Jordan
(a)
JUA 17/10/2012 Case No. JOR 2/2012 State reply: 18/01/2013 Alleged forcible return to
Jordan and imminent threat of torture
75. The Special Rapporteur regrets that the Government of Jordan has not responded to this
communication dated 17 October 2012, thereby failing to cooperate with the mandate issued
by the Human Rights Council. The communication referred to the alleged incommunicado
detention of Mr. Mohammad Yousef Abdulsalam and use of torture during previous
incommunicado detention. The Special Rapporteur expresses grave concern regarding Mr.
Abdulsalam‟s unknown whereabouts and alleged great risk of torture at the hands of
Jordanian authorities. In this context, the Special Rapporteur stresses that paragraph 8(b) of
Human Rights Council Resolution 16/23 reminds States that “(p)rolonged incommunicado
detention or detention in secret places can facilitate the perpetration of torture and other cruel,
inhuman or degrading treatment or punishment and can in itself constitute a form of such
treatment, and urges all States to respect the safeguards concerning the liberty, security and
the dignity of the person and to ensure that secret places of detention and interrogation are
abolished.” In light of the fact that no evidence has been provided to the contrary, the Special
Rapporteur concludes that the rights of Mr. Abdulsalam under international standards
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