A/HRC/34/54/Add.3 Kenya JAL 26/07/2016 Case No. KEN 4/2016 State Reply: None to Date Allegations concerning the alleged disappearance, torture, and extra-judicial executions of a human rights lawyer, Mr. Willie Kimani, his client Mr. Josephat Mwenda, and their driver Mr. Joseph Muiruri. 309. The Special Rapporteur regrets that the Government of Kenya 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. 310. 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 Kenya, by harassing, shooting, and arbitrarily arresting Mr. Josephat Mwenda on false charges, and subsequently by abducting, disappearing, torturing, and extra-judicially executing Mr. Mwenda, his lawyer, Mr. Willie Kimani, and their driver Mr. Joseph Muiruri, has violated their rights to life and to be free from torture or cruel, inhuman or degrading treatment, as provided by arts. 1, 2, and 16 of the CAT, and articles 6(2) and 6(4) of the International Covenant on Civil and Political Rights. 311. The Special Rapporteur calls on the Government of Kenya to undertake a prompt, independent, and effective investigation into the allegations of persecution, torture and cruel, inhuman or degrading treatment, disappearance, and extra-judicial executions of the victims, to provide full redress to their family members, and undertake effective measures to prevent the recurrence of these acts. The Special Rapporteur expects to be kept fully informed of the outcome of the investigation and proceedings. Korea (Republic of) JUA 10/03/2016 Case No. KOR 2/2016 State Reply: 15/06/2016 Allegations of inadequate redress and reparation for women who experienced sexual violence as “comfort women.” 312. The Special Rapporteur thanks the Government of the Republic of Korea for its reply, dated 15 June 2016, to the present communication. 313. The Special Rapporteur regrets that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, available in the link above, which prompts 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. 314. In the absence of information to the contrary, the Special Rapporteur hence finds that the Government of the Republic of Korea has violated the right of the 46 women survivors to be free from torture or cruel, inhuman or degrading treatment, by failing to negotiate with Japan sufficient measures aimed at granting access to justice, truth and adequate reparation for the survivors; failing to act with due diligence to inform the survivors of the agreement between the government of Korea and the Government of Japan; failing to consult with or involve the survivors in the negotiation process; and failing to ensure that the Japanese funds are explicitly dedicated to meeting the survivors needs for redress, in accordance with articles 1, 14 and 16 of the Convention against Torture. 59