A/HRC/22/53/Add.4 its obligations under the Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, and in particular of Principle 24, which provides that “[a] proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided wherever necessary,” free of charge. In the absence of evidence to the contrary, the Special Rapporteur concludes that the rights of the detainees have been violated under international human rights law. The Special Rapporteur calls on the Government to continue its investigation into the facts in a prompt, independent and effective manner leading to the prosecution and punishment of the perpetrators, and to provide full redress to the victims. Ethiopia (a) JUA 05/10/2011 Case No. ETH 4/2011 State reply: 17/02/2012 Alleged arrests, detention and charges under anti-terrorism legislation of journalists and opposition politicians. 166. The Special Rapporteur thanks the Government of Ethiopia for its response to this communication in reference to the alleged arrest and prosecution of journalists and opposition politicians, including the ill-treatment of Mr. Eskinder Nega, the alleged torture of Mr. Woubshet Taye, and the lack of access to doctors of Ms. Reeyot Alemu while in detention. The Government states that domestic anti-terrorism legislation is in conformity with international human rights law as well as the Ethiopian constitution, and that it incorporates legal and practical safeguards to prevent ill-treatment of persons suspected of engaging in terrorist activities. The Government further states that all procedural due process and legal rights were afforded to the aforementioned individuals at all times during their arrest, detention, prosecution, and conviction, including access to family, lawyers, and medical personnel. Regrettably, however, the Government did not respond to allegations of ill-treatment and torture of the alleged victims. In this context, the Special Rapporteur reiterates that 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 requires State parties to prosecute suspected perpetrators of torture. In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur determines that the rights of the aforementioned individuals under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government of Ethiopia to investigate, prosecute and punish all cases of torture and ill-treatment and to ensure full redress to the victims. India (a) JUA 15/09/2011 Case No. IND 17/2011 State reply: 19/09/2011, 08/08/2012 Alleged abduction and gang rape of a woman by the military 167. The Special Rapporteur thanks the Government of India for its reply dated 8 August 2012, to this communication in reference to the alleged armed abduction and gang rape of a 32-year old woman, Ms. X, in the Kulgam district of Kashmir. In its reply, the Government reported that “the matter has been investigated by competent authorities and found that the allegation was baseless and instigated.” While he appreciates the Government‟s reply, 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 94

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