A/HRC/22/53/Add.4 Pakistan (a) JUA 07/02/2012 Case No. PAK 1/2012 State reply: None to date Alleged arrest and prolonged pre-trial detention of two minor girls, aged twelve and fourteen. 108. The Special Rapporteur regrets that the Government of Pakistan has not responded to this communication dated 7 February 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged prolonged pre-trial detention of X. and Y., girls of 14 and 12 years of age respectively. In response to their reportedly prolonged pre-trial detention in a jail and alleged detention inappropriate for their age and sex, the Special Rapporteur expresses grave concerns about the minors‟ mental and physical integrity. The Special Rapporteur urges the Government to protect the right to physical and mental integrity of all persons, as set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). In absence of evidence to the contrary, the Special Rapporteur determines that the rights of the identified minors have been violated. The Special Rapporteur urges the Government to conduct medical examinations of persons held in detention to determine their age and therefore the appropriate venue and settings for detention. In the absence of legal grounds for the arrest and detention of minor girls, the Special Rapporteur urges the immediate release of the aforementioned juveniles and the conduct of an investigation to hold accountable any person responsible for the alleged violations. He also urges the Government to ensure the physical and mental safety of the minors while held in detention and after their release. (b) JUA 29/03/2012 Case No. PAK 5/2012 State reply: 29/03/2012 Alleged acts of intimidation and threats against human rights defender by security forces. 109. The Special Rapporteur acknowledges the reply transmitted by the Government of Pakistan on 29 March 2012; however, he notes that the Government has yet to provide substantive information pertaining to the issues raised. The communication referred to alleged acts of intimidation and threats against Mr. Muhammad Ali Shah by security forces as well as alleged excessive use of force against peaceful protestors. With respect to the allegations that Mr. Muhammad Ali Shah was threatened by a Rangers‟ Lieutenant Colonel with kidnapping and death, the Special Rapporteur would like to reiterate paragraph 8(a) of Human Rights Council Resolution 16/23, which reminds 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.” With regard to the allegations of excessive use of force against peaceful protestors, the Special Rapporteur refers to article 12, paragraph 2 and 3, set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the Declaration.”Based on the information received and in the absence of evidence to the contrary, the Special Rapporteur determines that Mr. Muhammad Ali Shah‟s rights under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to ensure that persons are protected against any violence, threats, or retaliation as a consequence of exercising his or her right to freedom of peaceful assembly and expression. The Special Rapporteur urges the 60