A/HRC/22/53/Add.4 referred to allegations of imminent extradition of Mr. Babar Ahmad, Mr. Syed Talha Ahsan, Mr. Del Abdul Bary, and Mr. Khaled Al-Fawwaz from the United Kingdom of Great Britain and Northern Ireland to the United States of America for offenses related to terrorism. The Special Rapporteur expressed concern over reports that upon extradition the aforementioned persons will allegedly be placed in detention under conditions of solitary confinement for an indefinite period of time and be accordingly placed at a risk of being subjected to torture or cruel, inhuman and degrading treatment. In this context, the Special Rapporteur reminds that paragraph 6 of General Comment No. 20 of the Human Rights Committee states that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7 of the International Covenant on Civil and Political Rights. The Special Rapporteur reiterates that article 3 of the Convention against Torture holds that no State party shall expel, return (“refouler”), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. The Special Rapporteur also draws the attention of the Government to paragraph 9 of General Commend No. 20 of the Human Rights Committee states that State parties must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement. The Special Rapporteur calls on the Government not to extradite persons at risk of prolonged solitary confinement and to conduct a fair assessment of the risk of being tortured in each case of imminent extradition from the United Kingdom. Finally, the Special Rapporteur reiterates that diplomatic assurances of favorable treatment from the receiving country do not mitigate the state‟s obligation to refrain from refoulement. (d) JUA 30/11/2012 Case No. GBR 6/2012 State reply: None to date Allegations of complicity in torture 148. The Special Rapporteur regrets that the Government of the United Kingdom of Great Britain and Northern Ireland has not responded to this communication dated 30 November 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged continued torture of a British resident, Mr. Shaker Aamer, and the Government‟s complicity and actual involvement in these acts of torture. The Special Rapporteur expresses grave concern regarding Mr. Aamer‟s right to physical and mental integrity in light of the consistent use of severe torture and, furthermore, his current status as a detainee at Guantanamo Bay, where he is held based on forced false allegations and has been cleared for release since 2007. In this context, the Special Rapporteur reiterates that Article 1 of the Convention against Torture includes complicity or explicit or tactic consent on the part of law enforcement or security personnel or any other person acting in an official capacity. The Special Rapporteur also 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 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.” Moreover, the Special Rapporteur reminds the Government of Article 2(2) of the CAT, which provides that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. Accordingly, based on the information received and in light of the fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that the rights of the Mr. Shaker Aamer under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government of the United Kingdom of Great Britain and Northern Ireland to uphold its obligations to protect the right to physical and mental integrity of all persons and to undertake a prompt, impartial, and effective investigation of the alleged acts of excessive, leading to prosecution and punishment of the perpetrators, and to provide redress to the victims. Furthermore, the Special Rapporteur urges the Government to ensure 82