A/HRC/34/54/Add.3
behind the amendments, and the fact that officials met with members of the public in
different regions to discuss the amendments.
471. However, the Special Rapporteur finds that the Government, in its reply, does not
sufficiently address the concerns raised about the impacts of the proposed amendments
on the rights to health and privacy of persons who discover their status as a result of
involuntary testing; fails to provide an explanation for the ways in which compulsory
medical testing under the amended legislation would respect the required consent,
confidentiality, and necessity requirements; and fails to explain how it would ensure
that the application of the proposed measures would not compromise protection of
persons living with HIV/AIDS from discrimination and violence linked to health status.
In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, and is
therefore of the view that the Government of Tajikistan, by adopting the amendments
under consideration, would potentially violate the right of individuals to free from cruel,
inhuman or degrading treatment, as provided by article 2 and 16 of the Convention
against Torture.
472. The Special Rapporteur urges the Government of Tajikistan to refrain from
implementing the proposed amendments in the absence of due regard to and
consideration of provisions intended to ensure full respect for the consent,
confidentiality and necessity requirements, in the absence of which compulsory medical
testing may constitute cruel and degrading treatment. The Special Rapporteur further
calls on the Government to ensure that it undertakes meaningful consultations with civil
society and other relevant stakeholders in amending legislation.
Thailand
JUA 04/08/2016 Case No. THA 6/2016 State Reply: None to date Allegations
concerning charges brought against human rights defenders Ms. Porpen
Khongkachonkiet, Mr. Somchai Homla-or, and Ms. Anchana Heemmina for
documenting and reporting on torture and other forms of ill-treatment and the
legitimate exercise of their rights to freedom of expression and freedom of
association.
473. The Special Rapporteur regrets that the Government of Thailand 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.
474. 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 Thailand, by
bringing charges against Ms. Porpen Khongkachonkiet, Mr. Somchai Homla-or, and
Ms. Anchana Heemmina in relation to complaints brought against them for their
advocacy work on behalf of victims of torture and ill-treatment in detention, has
violated their rights to be free from harassment, intimidation, and mistreatment, as
provided by articles 2 and 16 of Convention against Torture (CAT).
475. The Special Rapporteur expresses serious concern that bringing charges against
human rights defenders for the legitimate exercise of their rights to freedom of
expression and freedom of association amounts to an attempt to restrict their work in
defense of human rights, and especially as regards the documentation and reporting of
human rights violations such as torture and other forms of ill-treatment. The Special
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