A/HRC/34/54/Add.3 Nghiem, Mr. Huynh Thanh Binh, Mr. Ha Le Tuan, and two children to excessive force for their participation in a peaceful protests, as well as to beatings by undercover plainclothes policemen and beatings in detention, has violated their rights to be free from torture or cruel or degrading treatment as provided by Article 1, 2 and 16 of the Convention against Torture (CAT). 542. The Special Rapporteur strongly urges the Government of Vietnam to immediately take measures to undertake prompt and impartial investigations of the allegations, to prosecute and punish those responsible, and to provide the victims with reparations in accordance with articles 12 and 14 of the CAT. Other JUA 01/06/2016 Case No. OTH 18/2016 State Reply: 16/06/2016 Allegations of psychological abuse through solitary confinement, indefinite family separation, inadequate medical care, and detrimental living conditions of asylum seekers detained at the Regional Processing Centre on Nauru, including Mr. Milad Zonar Saghar, Ms. Nages Alizadeh, Mr. Daryosh Alizadeh, Mr. Jabar Hamdavi and Mr. Musa Hamdavi. 543. The Special Rapporteur thanks Broadspectrum, contracted by the Australian government for facilities management and operational services to the Regional Processing Centre for asylum seekers in Nauru, for its reply, dated 16 June 2016, to the present communication. The Rapporteur welcomes the extensive information provided by Broadspectrum on its policies and procedures with respect to detainees. However, in spite of the information provided by Broadspectrum, the Special Rapporteur finds that its reply does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which thus fails to comply with the UN Guiding Principles on Business and Human Rights and the customary international law prohibition against torture and cruel, inhuman, or degrading treatment or punishment. 544. In the absences of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that Broadspectrum, by subjecting psychologically fragile detainees to solitary confinement and conditions of isolation, indefinite family separation, detrimental living conditions, and inadequate psychological care, has violated the rights of asylum seekers detained at the Regional Processing Center, including Mr. Milad Zonar Saghar, Ms. Nages Alizadeh, Mr. Daryosh Alizadeh, Mr. Jabar Hamdavi and Mr. Mosa Hamdavi, to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2, and 16 of the Convention against Torture (CAT). 545. As an enterprise, Broadspectrum has a responsibility to respect human rights as set out by the UN Guiding Principles on Business and Human Rights. (HR/PUB/11/04) “The responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations…” (p. 13) While the Rapporteur welcomes the policies set out by Broadspectrum, their practical application has proven problematic. “Business enterprises should make particular efforts to track the effectiveness of their responses to impacts on individuals from groups or populations that may be at heightened risk of vulnerability or marginalization.” (p. 23) Furthermore, ���Where business enterprises identify that they have caused or 98

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