A/HRC/22/53/Add.4 and nominally still open, but no charges had been filed against any perpetrator. The Special Rapporteur recalls paragraph 6b of Human Rights Council Resolution 8/8, which urges States “To take persistent, determined and effective measures to have all allegations of torture or other cruel, inhuman or degrading treatment or punishment promptly and impartially examined by the competent national authority, to hold those who encourage, order, tolerate or perpetrate acts of torture responsible, to have them brought to justice and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have been committed […].” Given the information received, the Special Rapporteur determines that Mr. Nabijanov was indeed mistreated during his arrest or early days of detention, and that the Government has yet to comply with its obligation to investigate, prosecute and punish those who are ultimately found responsible. The Special Rapporteur encourages the Government to remain engaged with the Rapporteurship and to provide information on developments in the case. In addition, since the criminal case for which Mr. Nabijanov was arrested is still pending, the Special Rapporteur reminds the Government of its obligation to exclude any confession or statement obtained under torture from the charges against the defendant. (c) JUA 13/08/2012 Case No. KGZ 5/2011 State reply: 04/10/2012 Alleged upholding of sentence of life imprisonment of human rights defender 82. The Special Rapporteur thanks the Government of Kyrgyzstan for its reply, dated October 4, 2012, to this communication in reference to the Supreme Court‟s upholding of a life sentence for Mr. Azimjan Askarov, a human rights defender who was allegedly tortured during interrogations. The Government‟s response stated that inquiries into the allegations of torture against Mr. Askarov were conducted, and that these inquiries concluded that Ms. ASkarov was not subjected to any torture. The Government also stated that Mr. Askarov did not undergo any examinations in connection to the allegations of torture. The Special Rapporteur expresses concern in regards to the outcomes of the inquiries given that even a medical examination of Mr. Askarov was never conducted. In addition, the reply does not address what the inquiries consisted of and how the result was reached. The Special Rapporteur recalls guideline 16 of the Guidelines on the Role of Prosecutors, which states that “[w]hen prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.” Based on the information received, the Special Rapporteur determines that the rights of Mr. Askarov may have been violated, and calls on the Government to conduct a complete and impartial investigation into the aforementioned allegations and to prosecute and punish all those responsible. He also urges the Government to conduct a review of Mr. Askarov‟s conviction and sentence, especially ensuring that no evidence obtained under torture or as a result of such treatment is admitted into evidence. Lao (Republique Democratique Populaire) (a) JUA 13/08/2012 Case No. LAO 1/2012 State reply: 10/10/2012 Alleged torture by detention personnel 83. The Special Rapporteur thanks the Government of the Lao People's Democratic Republic for its response, dated 10 October 2012, to this communication in reference to Mr. Souvanh, a human rights defender, who was allegedly bound by his arms and legs and regularly beaten 46