A/HRC/22/53/Add.4
Rights Council. The communication referred to the alleged arbitrary detention and torture of
Mr. Muhammad Raed Al-Tawil, a volunteer with the Damascus-based humanitarian
organization, the Syrian Arab Red Crescent. Mr. Al-Tawil was allegedly arrested without
cause by Syrian security forces at Red Crescent headquarters, and was detained at the Al
Khatib state security prison in Damascus. It is also alleged that Mr. Al-Tawil has suffered and
continues to be subjected to torture and other forms ill-treatment during his detention. The
Special Rapporteur reiterates that under the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and the Convention against Torture and
Other Cruel, Inhuman, or Degrading Treatment or Punishment, each government has the
obligation to protect the right to physical and mental integrity of all persons. Paragraph l of
Human Rights Council Resolution 16/23 which “Condemns 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.”
Additionally, article 12 of the Convention against Torture requires the competent authorities
to undertake a prompt and impartial investigation wherever there are reasonable grounds to
believe that torture has been committed. And article 7 of the Convention against Torture
requires State parties to prosecute suspected perpetrators of torture. Since no evidence has
been provided to the contrary, the Special Rapporteur finds that the rights of Mr. Al-Tawil
under the Convention against Torture have been violated. The Special Rapporteur calls on the
Government of Syria to promptly and impartially investigate, prosecute and punish these
violations and their perpetrators, and to provide full redress, compensation and rehabilitation
to the victim.
Tajikistan
(a)
UA 08/06/2012 Case No. TJK 1/2012 State reply: 24/07/2012 Alleged torture and ongoing harrasments and threats
137. The Special Rapporteur thanks the Government of Tajikistan for its response to this
communication in reference to the alleged arrest, torture, and harassment of Mr. Tagoibek
Sharifbekov, a Tajik citizen, by police officers in the town of Vakhdat, Tajikistan. According
to the allegation, Mr. Sharifbekov was detained by police officers and subjected to torture in
an attempt to make him confess to committing a theft. Following his release, Mr. Sharifbekov
filed several complaints with the Police Complaints Department. Since then, Mr. Sharifbekov
has allegedly been subjected to harassment and was at one point attacked by members of the
police force in an attempt to pressure him to withdraw the complaint. In its reply, the
Government of Tajikistan stated that after a thorough investigation of the matter, they have
determined that the allegations of torture and harassment are factually unfounded, and that
disciplinary measures have not been taken against those allegedly responsible for these
actions. The Government stated that forensic evaluations did not reveal any substantial
physical evidence of the alleged torture, and that Mr. Sharifbekov had in fact been detained
by police officers in Vakhdat several days earlier than he claimed in his allegation.
Furthermore, the Government claims that no harassment took place, as alleged by Mr.
Sharifbekov, given the fact that under Tajik law, a police complaint cannot be withdrawn
once it has been submitted, thereby extinguishing any incentive to pressure Mr. Sharifbekov
to withdraw the complaint. The Government claims to have taken disciplinary measures
against certain police officers who were found to have arrested and detained Mr. Sharifbekov
for over three hours without registering an official record of arrest, and who confiscated Mr.
Sharifbekov‟s passports without filling out the required documents. The Government did not
explain, however, what specific disciplinary measures were taken. The Special Rapporteur
believes that forensic examinations that are not made by an impartial and independent expert
cannot be conclusive on the issue of whether torture or mistreatment has occurred. Even if
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