A/HRC/34/54/Add.3 161. It has come to the attention of the Special Rapporteur that, as of the drafting of this observation, Mr. Binsobeih has reportedly been kidnapped from the police station at the Island of Batam in Indonesia by officials of the Embassy of the United Arab Emirates and the Indonesian Secret Service and made to appear before the Federal Supreme Court in the United Arab Emirates on 28 March 2016 for retrial on as yet unknown charges. 162. The Special Rapporteur strongly condemns the Government of Indonesia’s participation in the return of Mr. Binsobeih to the United Arab Emirates. The Rapporteur strongly urges the Government of Indonesia to cease facilitating the return of persons to states where they are at risk of torture or other cruel, inhuman or degrading treatment or punishment and to comply with its obligations under the CAT JAL 24/03/2016 Case No. IDN 1/2016 State Reply: None to date Allegation of excessive use of force, torture, killing, arbitrary arrest and detention of individuals celebrating West Papuan National Day. 163. The Special Rapporteur regrets that the Government of Indonesia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 164. In the absence of information to the contrary, the 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 the Government of Indonesia, by torturing and killing Mr. Yonas Mantori, Mr. Herik Mantori, and Mr. Yulianus Robaha, and Mr Darius Andiribi; shooting and injuring Mr. Niko Suhn, Mr. Zet Tabuni, Mr. Paulinus Wororoai, Mr. Zakarias Torobi, Mr. Yance Manitori, Mr. Agus Manitori, Mr. Daud Ayomi, Mr. Pilemon Ayomi, Mr. Alius Karimati and Mr. Anton Runaweri; and the injury and detention of other individuals, has violated the right of the above mentioned persons to be free from torture or cruel, inhuman or degrading punishment as provided by articles 1, 2, 12 and 16 of the Convention against Torture (CAT). 165. The Special Rapporteur urges the Government of Indonesia to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the CAT. JAL 19/04/2016 Case No. IDN 2/2016 State Reply: None to date Allegation of the enactment and enforcement of an anti-LGBT law, resulting in harassment, arbitrary detention, torture and ill-treatment of LGBT people by authorities in Aceh Province. 166. The Special Rapporteur regrets that the Government of Indonesia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 167. In the absence 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, that the Government of Indonesia, by enacting and enforcing the Qanun Jinayah law that criminalizes LGBT persons and subjects them to corporal punishment, such as caning, and has resulted in harassment and threats by the municipal Sharia police, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by article 1, 2 and 16 of the Convention against Torture (CAT). The Special Rapporteur also expresses grave concern about police reliance on the use of prophylactics by LGBT persons as evidence to apply the new law he use of pe that has resulted in LGBT persons being afraid to buy and carry prophylactics, thereby seriously 33