A/HRC/34/54/Add.3
Milad Zonar Saghar, Ms. Narges Alizadeh, Mr. Daryosh Alizadeh, Mr. Jabar
Hamdavi and Mr. Musa Hamdavi.
373. The Special Rapporteur regrets that the Government of Nauru 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.
374. 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, and is therefore of the view that the Government of Nauru, by failing to
provide adequate medical treatment and subjecting migrant detainees to prolonged
isolation and separation from their families, and failing to protect the physical and
psychological integrity causing some asylum seekers to attempt suicide, has violated the
rights of migrant detainees, including Mr. Milad Zonar Saghar, Ms. Narges Alizadeh,
Mr. Daryosh Alizadeh, Mr. Jabar Hamdavi and Mr. Musa 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).
375. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur defined solitary confinement, in accordance with the Istanbul
Statement on the Use and Effects of Solitary Confinement, as the physical and social
isolation of individuals who are confined in their cells for 22 to 24 hours a day. He
observed that while solitary confinement for short periods of time may be justified
under certain circumstances, with adequate and effective safeguards in place, the use of
prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute
a legitimate instrument of the State, as it causes severe mental and physical pain or
suffering, a point which has been reiterated in paragraph 28 of the General Assembly
resolution 68/156: prolonged or indefinite solitary confinement runs afoul of the
absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.
376. The Special Rapporteur draws the attention of the Government to the U.N.
Standard Minimum Rules for the Treatment of Prisoners (“Mandela Rules”) and, in
particular, Rule 27(1), which provides that “[a]ll prisons shall ensure prompt access to
medical attention in urgent cases. Prisoners who require specialized treatment or surgery
shall be transferred to specialized institutions or to civil hospitals. Where a prison
service has its own hospital facilities, they shall be adequately staffed and equipped to
provide prisoners referred to them with appropriate treatment and care.”
377. The Special Rapporteur urges the Government of Nauru to fulfil its obligations
under the CAT and protect the physical and psychological integrity of asylum seekers in
detention, to provide adequate redress to the victims and undertake effective measures
to prevent the recurrence of these acts. The Special Rapporteur further calls upon the
State to comply with the standards set out in the Mandela Rules as concerns the
prohibition of prolonged or indefinite solitary confinement and the medical treatment
provided the prisoners.
Pakistan
JUA 01/02/2016 Case No. PAK 3/2016 State Reply: None to date Allegations
concerning the imminent execution of Mr. Abdul Basit, who is affected with a
severe physical disability.
70
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