A/HRC/22/53/Add.4
Government to undertake investigation of the alleged threats and intimidation, leading to
prosecution and punishment of the perpetrators, and to provide full redress to the victim.
(c)
JAL 02/05/2012 Case No. PAK 6/2012 State reply: None to date Alleged rape of an 18year-old girl by her stepfather, a police officer, for more than give years.
110. The Special Rapporteur regrets that the Government of Pakistan has not responded to
this communication dated 2 May 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to an alleged rape of
an 18-year-old girl by her step-father, a police officer, for more than five years and
subsequent failure of the State to investigate when reported. In this context, the Special
Rapporteur would like to reiterate paragraph 7 (b) of Resolution 8/8 of the Human Rights
Council, which states that “[i]ntimidation and coercion, as described in article 1 of the
Convention against Torture, including serious and credible threats, as well as death threats, to
the physical integrity of the victim or of a third person, can amount to cruel, inhuman or
degrading treatment or to torture. Rape and other serious acts of sexual violence by officials
in contexts of detention or control may not only amount to torture or ill-treatment, but also
constitute a particular egregious form of it, due to the stigmatization they carry” (A/HRC/7/3,
para. 69). Further, the Committee on the Elimination of Discrimination against Women
(CEDAW) in its general recommendation No. 19, paragraph 9, provides that “States may also
be responsible for private acts if they fail to act with due diligence to prevent violations of
rights or to investigate and punish acts of violence, and for providing compensation.”Based
on the information received and in the absence of evidence to the contrary, the Special
Rapporteur concludes that the identified individual‟s rights under the UN Convention against
Torture were violated and the Government was obligated to act with due diligence to
investigate and punish acts of violence. The Special Rapporteur urges the Government to
conduct a prompt and independent investigation of the alleged rape and hold those
responsible for the acts and those who failed to respond to reported rape accountable.
Furthermore, the Special Rapporteur calls on the Government to ensure the identified person
obtains redress, including fair and adequate compensation, and as full rehabilitation as
possible.
Papua New Guinea
(a)
AL 05/11/2012 Case No. PNG 3/2012 State reply: 07/11/2012 Alleged shooting,
physical mistreatment, and intimidation by agents of the Royal Papua New Guinea
Police.
111. The Special Rapporteur thanks the Government of Papua New Guinea for its reply,
dated 7 November 2012, to this communication in reference to the alleged shooting, illtreatment and intimidation of Mr. Raymond Kakaponi, and further ill-treatment of Mr.
Kakaponi‟s two-year old son and two other members of his family. In its reply, the
Government requested additional information regarding the allegations from the Special
Rapporteur. The mandate will endeavor to provide more information, but wishes to remind
the government that the sources of allegations contained in communications from Special
Procedures are reserved. In this context, the Special Rapporteur reminds the Government of
paragraph 1 of 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 also reminds the Government that paragraph 6b of
Human Rights Council Resolution 8/8 urges States “[t]o take persistent, determined and
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