A/HRC/22/53/Add.4
Rapporteur spécial souligne que l'histoire de la torture passée devrait être considérée comme
hautement pertinente pour déterminer la probabilité du risque de torture en cas de
refoulement et que les assurances diplomatiques ne libèrent pas le Gouvernent de cette
obligation. Le Rapporteur spécial reste disponible pour fournir tout appui technique dont
aurait besoin le Gouvernement.
Myanmar
(a)
JUA 29/11/2012 Case No. MMR 10/2012 State reply : 26/12/2012 Alleged violation of the
fair trial and due procès rights
100. The Special Rapporteur thanks the Government of Myanmar for its reply, dated 26
December 2012, to this communication in reference to the incommunicado detention, denial
of medical treatment and inadequate conditions in detention in the case of Dr. Tun Aung, a
65-year old man suffering from a tumor of the pituitary gland. In its reply, the Government
states that Mr. Aung has access to medications “under an arrangement made by the prison
authorities,” and that he has received medical examinations on two occasions in December
2012. The Special Rapporteur acknowledges the Government‟s response, but regrets the
Government‟s failure to address allegations that Mr. Aung was detained incommunicado for
a period of three months. In this context, the Special Rapporteur reiterates the Standard
Minimum Rules for the Treatment of Prisoners, Rule 22(2) of 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,
furnishing and pharmaceutical supplies shall be proper for the medical care and the treatment
of sick prisoners, and there shall be a staff of suitable trained officers.” With regards to
allegations of incommunicado detention, the Special Rapporteur recalls paragraph 7c of
Human Rights Council Resolution 8/8 of 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 in itself constitute a form of such treatments, and urges all States to respect the
safeguards concerning the liberty, security and the dignity of the person.” In the absence of
evidence to the contrary, the Special Rapporteur finds that the rights of Dr. Aung under
international law have been violated. The Special Rapporteur calls on the Government to
ensure that all sick persons in detention are provided with proper medical care and treatment.
Further, the Special Rapporteur urges the Government to undertake a prompt, independent
and effective investigation of the facts surrounding Mr. Aung‟s alleged incommunicado
detention, leading to the prosecution and punishment of the perpetrators, and to provide full
redress to aforementioned persons. The Special Rapporteur also calls on the Government to
abolish the practice of incommunicado and unacknowledged detention.
Netherlands
(a)
UA 13/03/2012 Case No. NLD 1/2012 State reply: 20/08/2012 Alleged risk of torture and
ill-treatment for asylum seeker facing deportation.
101. The Special Rapporteur thanks the Government of the Netherlands for its response, dated
20 August 2012, to the urgent appeal regarding an asylum seeker, Mr. Y, who was facing
deportation to the Republic of Uganda, where he is reportedly at risk of torture and illtreatment. The Special Rapporteur acknowledges the Government‟s issuance of temporary
asylum residence permit for Mr. Y, yet encourages the Government to address a long-term
solution for Mr. Y as an individual facing persecution in his home country. In this context,
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