A/HRC/22/53/Add.4 (d) JUA 06/07/2012 Case No. SDN 4/2012 State reply: None to date Alleged use of force during peaceful demonstrations and the alleged torture and ill-treatment of detainees. 127. The Special Rapporteur regrets that the Government of the Republic of Sudan has not responded to this communication dated 6 July 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged use of excessive force in response to protests, including towards student protestors, and the alleged torture and ill-treatment of detained protestors, who were allegedly threatened with rape and subjected to violence. The Special Rapporteur expresses grave concern regarding protestors still in detention who are at risk of torture and ill-treatment, including Ms. Rashida Shams al-Din, who allegedly has been held incommunicado in an undisclosed location. In this context, the Special Rapporteur reiterates that Principle 4 of the UN Basic Principles on the Use of Force and Firearms by Law Officials, which provides that, “[l]aw enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms.” Moreover, Principle 5 provides that, “[w]henever the use of force and firearms is unavoidable, law enforcement officials shall: (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment; and (d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment. In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that there have been several violations of rights of Ms. Shams al-Din and of the other victims under international law. The Special Rapporteur urges the Government of the Republic of Sudan to cease the practice of secret detention and calls on the Government to undertake a prompt and impartial investigation of the allegations of torture and ill-treatment, to ensure the accountability of those responsible, and to prevent the recurrence of these acts. (e) JUA 03/08/2012 Case No. SDN 5/2012 State reply: None to date Alleged excessive use of force against protestors, resulting in killings, injuries, and torture and ill-treatment, as well as mass arrests. 128. The Special Rapporteur regrets that the Government of the Republic of Sudan has not responded to this communication dated 3 August 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged use of excessive force in response to protests, resulting in at least 12 deaths and many injuries; the alleged torture and ill-treatment of detained protestors; and the incommunicado detention and severe ill-treatment of Mr. Mohammad Salah Mohammed. The Special Rapporteur expresses grave concern regarding protestors still in detention who are risk of torture and illtreatment, including Mr. Salah. In this context, the Special Rapporteur reiterates Principle 4 of the UN Basic Principles on the Use of Force and Firearms by Law Officials, which provides that, “[l]aw enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms.” Moreover, Principle 5 provides that, “[w]henever the use of force and firearms is unavoidable, law enforcement officials shall: (a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; (b) Minimize damage and injury, and respect and preserve human life; (c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment; and (d) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment. In addition, the Special Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23 “[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 71