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
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