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
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