A/HRC/34/54/Add.3 appropriate measures to ensure that the physical and psychological integrity of all LGBTI persons is adequately protected. United Arab Emirates JUA 2/05/2016 Case No. ARE 2/2016 State reply: 31/05/2016 Allegations concerning the alleged arbitrary, incommunicado detention, and denial of due process and fair trial rights to human rights defender Mr. Nasser bin Ghaith. 494. The Special Rapporteur thanks the Government of United Arab Emirates (UAE) for its reply, dated 31 May 2016, to the present communication. 495. The Special Rapporteur takes note of the information provided by the Government concerning the arrest and charges brought against Mr. Ghaith. The Special Rapporteur regrets that the Government of UAE does not, in its reply, outline any measures taken to protect the physical and psychological integrity of Mr. Ghaith. Hence, the Special Rapporteur finds that the Government does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, prompting him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 496. 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 UAE, by subjecting Mr. Ghaith to incommunicado detention during which he was tortured and deprived of sleep, has violated the right of Mr. Ghaith to be free from torture or cruel, inhuman or degrading treatment as provided by articles 1, 2 and 16 of Convention against Torture (CAT). 497. The Special Rapporteur urges the UAE to comply with its obligation, under CAT, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment and to afford to Mr. Ghaith appropriate remedies, including reparations and rehabilitation services if needed. United States of America AL 14/04/2016 Case No. USA 3/2016 State Reply: None to date Allegations of longterm sleep deprivation by prisoners within California’s Pelican Bay State Prison Security Housing Unit (SHU). 498. The Special Rapporteur regrets that the Government of the United States of America (USA) 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. 499. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance to the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government, by performing wellness checks every thirty minutes during the day and night, which awaken prisoners multiple times throughout the night, has failed to protect the physical and psychological integrity of the prisoners, in violation of articles 2 and 16 of Convention against Torture (CAT). 500. The Special Rapporteur would like to remind the State that sleep deprivation or serious, repeated and prolonged disturbance of sleep as described in the present 90

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