A/HRC/22/53/Add.4 (b) JAL 30/05/2012 Case No. KOR 2/2012 State reply: None to date Alleged acts of harassment, intimidation, ill-treatment, and excessive use of force against peaceful protesters in Gangjeong village. 79. The Special Rapporteur regrets that the Government of the Republic of Korea has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged harassment, intimidation, ill-treatment, and excessive use of force by police against peaceful protestors. The Special Rapporteur recalls article 3 of the UN Code of Conduct for Law Enforcement Officials which states that, “(l)aw enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty”. In addition, provisions 4 and 7 of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that law enforcement officials shall make use of non-violent means, as far as possible; and that States should ensure that “arbitrary or abusive use of force… by law enforcement officials is punished as a criminal offence under their law.” The Special Rapporteur reminds the Government that Human Rights Council resolution 15/21, and in particular paragraph 1, “calls upon States to respect and fully protect the rights of all individuals to assemble peacefully […] including persons espousing minority or dissenting views or beliefs, human rights defenders, […] and others, […], seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly […] are in accordance with their obligations under international human rights law.” In the absence of evidence to the contrary, the Special Rapporteur determines that the rights of those mentioned in the communication under the UN Convention against Torture have been violated, and calls on the Government to ensure investigation and prosecution of the perpetrators and the provision of redress to all the victims. Kyrgyzstan (a) AL 11/06/2012 Case No. KGZ 3/2012 State reply: 14/08/2012 Alleged beating and extraction of confession under torture 80. The Special Rapporteur thanks the Government of Kyrgyzstan for its reply, dated August 14, 2012, to this communication in reference to the alleged torture of of Ms. X to induce her confession while in the presence of her seven-year-old son. Unfortunately, the Government‟s reply notes that no investigation has been opened in the matter of Ms. X‟s allegations of torture under interrogation. Given the information received, the Special Rapporteur determines that the rights to physical and psychological integrity of Ms. X and of her child have been violated, and calls on the Government to investigate, prosecute and punish all cases of torture and to ensure that any evidence obtained under torture is declared inadmissible in trial against the victim. (b) JUA 15/06/2012 Case No. KGZ 2/2012 State reply: 14/08/2012 Alleged arbitrary detention and torture 81. The Special Rapporteur thanks the Government of Kyrgyzstan for its reply, dated August 14, 2012, to this communication in reference to the alleged torture of Mr. Dilshad Nabijanov. The Government‟s response acknowledges that Mr Nabijanov sustained injuries in the course of his detention in late March and early April of 2012. Several medical examinations confirmed injuries of a light nature. The case concerning his mistreatment was separated from the file on criminal charges faced by Mr. Nabijanov, but it was twice dismissed and reopened. At the time of the government‟s response, the case was pending further inquiries 45