A/HRC/22/53/Add.4
addition, no information is provided as to whether the investigation also included a timely,
professional and independent medical examination of Mr. Chowdhury to determine the
possible existence of physical signs corroborating the acts of torture alleged. The Special
Rapporteur urges the Government of Bangladesh to continue investigating the matter and to
remain engaged with the mandate.
Cyprus
(a)
JUA 29/08/2012 Case No. CYP 2/2011 State reply: 31/08/2012 Alleged ill-treatment of
asylum seekers, lack of access to medical assistance and solitary confinement.
165. The Special Rapporteur thanks the Government of Cyprus for its reply, dated 31 August
2012, to this communication in reference to the alleged attack, ill-treatment, and denial of
medical assistance to Iranian asylum seekers, Messrs. Mohammad Khosh Sorour, Mohsen
Khosravani, Bagher Ebrahimzadeh, Mostafa Hajilou, Mohammad Malek Madar, and
Zakariah Ebrahim Moj. The Special Rapporteur expressed serious concern over the alleged
severe beating and subsequent placement in solitary confinement of 72-year old Mr.
Ebrahimzadeh. According to the information we received, Mr. Ebrahimzadeh suffers from a
heart condition and sustained a broken leg during the beating, for which he was denied
adequate medical assistance. In its reply, the Government noted that an investigation into the
allegations by the Independent Authority for the Investigation of Allegations and Complaints
against the Police is underway. While the Special Rapporteur thanks the Government for its
reply, he regrets that the Government failed to address the allegations concerning Mr.
Ebrahimzadeh‟s beating, ill-treatment, and the denial of medical care. Mr. Ebrahimzadeh
was deported on 18 July 2011. The government of Cyprus has not explained what measures
were taken to ensure compliance with its obligation not to return (refouler) any person to a
place where he or she would be at risk of being tortured. In this context, the Special
Rapporteur reminds the Government of its obligation to protect the physical and mental
integrity of all persons, which is set forth inter alia in the UDHR, the ICCPR, and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT). The Special Rapporteur would like to refer to paragraph 1 of Human
Rights Council Resolution 16/23 which “Condemns 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-derivable
prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” The
Special Rapporteur also reiterates Article 12 of the CAT, which requires competent
authorities to undertake a prompt and impartial investigation wherever there are reasonable
grounds to believe that torture has been committed, and Article 7 of the CAT, which requires
State parties to prosecute suspected perpetrators of torture. With respect to allegations that
the detainees were subjected to beating, the Special Rapporteur would like to draw attention
to Principle 15 of the UN Basic Principles on the Use of Force and Firearms by Law
Officials, which provides that, “(l)aw enforcement officials, in their relations with persons in
custody or detention, shall not use force, except when strictly necessary for the maintenance
of security and order within the institution, or when personal safety is threatened.” With
regards to the allegations that Mr. Ebrahimzadeh was held in isolation, the Special
Rapporteur reiterates paragraph 6 of General Comment 20 of the Human Rights Committee,
which states that prolonged solitary confinement of the detained or imprisoned person may
amount to acts prohibited by article 7 [on the prohibition of torture and other cruel, inhuman
or degrading treatment or punishment] of the ICCPR. In this regard, the Special Rapporteur
additionally recalls article 7 of the Basic Principles for the Treatment of Prisoners, which
provides that “efforts addressed to the abolition of solitary confinement as a punishment, or
to the restriction of its use, should be undertaken and encouraged.” Additionally, in view of
allegations of the denial of medical care, the Special Rapporteur reminds the Government of
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