A/HRC/22/53/Add.4
sick prisoners, and there shall be a staff of suitable trained officers.” Thus, the Special
Rapporteur concludes that the rights of Ms. Tran Thi Thuy under international standards
prohibiting torture and other cruel, inhuman or degrading treatment or punishment may have
been violated and calls on the Government of Vietnam to undertake a prompt and impartial
investigation, leading to prosecution and punishment of the perpetrators, and to provide
redress to Ms. Tran Thi Thuy. The Special Rapporteur encourages the Government to
continue its engagement with the mandate.
Zimbabwe
(a)
JAL 29/03/2012 Case No. ZWE 5/2012 State reply: None to date Alleged ill-treatment
and torture of persons arbitrarily arrested and denial of medical treatment while in
detention.
161. The Special Rapporteur regrets that the Government of Zimbabwe has not responded to
this communication dated 29 March 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged
arbitrary detention of six activists and to the alleged use of torture for the purpose of
extracting confessions. The Special Rapporteur expresses serious concern that the activists
were subjected to torture and ill-treatment and denied adequate medical treatment for their
injuries while in detention. In this context, the Special Rapporteur reiterates that Paragraph 7b
of Human Rights Council Resolution 16/23 that urges States “[t]o 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, as well as whenever there is reasonable ground to believe that such an act has been
committed; to hold persons who encourage, order, tolerate or perpetrate such acts
responsible, to have them brought to justice and punished in a manner commensurate with the
gravity of the offence, including the officials in charge of the place of detention where the
prohibited act is found to have been committed; and to take note, in this respect, of the
Principles on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (the Istanbul Principles) as a useful tool in
efforts to combat torture.” In the absence of evidence to the contrary, the Special Rapporteur
concludes that the six activists‟ rights under international law related to torture have been
violated. The Special Rapporteur stresses that any evidence obtained through means of
torture shall not be used in judicial proceedings. He calls on the Government to undertake a
prompt and impartial investigation of those responsible for using such methods, leading to
prosecution and punishment of the perpetrators, and to provide full redress to the victims.
The Special Rapporteur calls on the Government of Zimbabwe to ensure that all sick persons
in detention are provided with proper medical care and treatment.
(b)
JUA 17/08/2012 Case No. ZWE 6/2012 State reply: none to date Alleged arrest, detention
and ill-treatment of 44 members of Gays and Lesbians Zimbabwe
162. The Special Rapporteur regrets that the Government of Zimbabwe has not responded to
this communication dated 17 August 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged arrest,
detention, ill-treatment, and beating of 44 members of Gays and Lesbian Zimbabwe (GALZ)
by the police. The Special Rapporteur expresses serious concerns over the physical and
mental integrity of the individuals in question. In this context, the Special Rapporteur stresses
that each Government has the obligation to protect the right to physical and mental integrity
of all persons, which is set forth inter alia in the UDHR and the ICCPR. 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
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