A/HRC/22/53/Add.4
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.” The
Special Rapporteur regrets that no details have been provided regarding the investigation
conducted, particularly if it was prompt, impartial and independent, as international standards
require. Similarly, no grounds were offered for the Government‟s conclusions that the
allegations were baseless and instigated. The Special Rapporteur calls on the Government to
provide further information on the investigation conducted into the allegations of sexual
violence, which amount to torture and ill-treatment in this case.
(b)
JUA 02/09/2011 Case No. IND 18/2011 State reply: 16/09/2011, 07/08/2012 Alleged
deaths in custody.
168. The Special Rapporteur thanks the Government of India for its replies dated 7 August
2011 and 16 September 2012, to this communication in reference to the deaths in police
custody of Messrs. Nazim Rashid Shalla, Saidul Mondal, and Salam Sanjoy in or from
injuries sustained while in police custody. In its replies, the Government states that pursuant
to investigations into the facts, three officials have been arrested in connection with the death
of Mr. Shalla, while the involvement of Border Security Forces personnel in the death of Mr.
Mondal could not be established by an official inquiry. The Government also reported that
Mr Sanjoy‟s exact cause of death could not be established, and the results of an expert
examination are pending. The Special Rapporteur acknowledges the results of the
Government‟s investigation into the death of Mr. Shalla. The Special Rapporteur would also
like to further reiterate the Government‟s obligations under the International Covenant on
Civil and Political Rights, and that when an individual dies as a consequence of injuries
sustained while in State custody, there is a presumption of State responsibility. The Special
Rapporteur urges the Government to continue its investigations into Mr. Sanjoy‟s and Mr.
Shalla‟s deaths in a prompt and independent manner, leading to the prosecution and
punishment of the perpetrators, and to provide full redress to the victims‟ families. The
Special Rapporteur encourages the Government of India to continue its engagement with the
mandate.
Iran
(a)
JUA 23/12/2010 Case No. IRN 35/2010 State reply: 28/11/2012 Alleged arrest and
detention of lawyer and human rights activist.
169. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its
response to this communication dated 28 November 2012, regarding the alleged arrest,
detention, and prolonged solitary confinement of Ms. Nasrin Sotoudeh, a lawyer and
prominent human rights activist. In its reply, the Government stated that Ms. Sotoudeh is in
“satisfactory physical condition” and was visited by her family on two occasions in October
and November 2012. While the Special Rapporteur appreciates the Government‟s reply, he
regrets that the Government did not explain if the determination that the inmate‟s “physical
condition” was “satisfactory” was done under guarantees of impartiality and independence of
medical examiners nor whether it included an analysis of her emotional or psychological
conditions. In addition, the government‟s response failed to address allegations that Ms.
Sotoudeh was held in prolonged solitary confinement pursuant to her arrest. In this context,
the Special Rapporteur would like to remind the Government of the obligation to protect the
right to physical and mental integrity of all persons, which is set forth inter alia in the UDHR
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