A/HRC/34/54/Add.3 320. The failure of the Government of Kuwait properly to investigate the allegations of torture and ill-treatment leads the Special Rapporteur to conclude that the right of these eight Shia Muslim individuals to be free from torture and abuse have been violated. JUA 07/06/2016 Case No. KWT 2/2016 State Reply: 13/06/2016, 17/06/2016, 20/06/2016, and 03/08/2016 Allegations concerning torture committed during interrogation and harsh conditions of detention against human rights defender M. Abdulhakim al-Fadhli. 321. The Special Rapporteur thanks the Government of Kuwait for its replies, dated 13, 17 and 20 June 2016 and 3 August 2016, to the present communication, available via the link above. The Rapporteur notes that the Government intended to submit a further reply, but regrets it has not yet been received. 322. The Special Rapporteur takes note of the information provided by the Government concerning the legal grounds for the prosecution, conviction, and deportation of Mr. alFadhli, and the State’s constitutional human rights provisions. However, the Government of Kuwait does not, in its reply, outline any measures taken to protect the physical and psychological integrity of Mr. al-Fadhli or to respond to or investigate his allegations. 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. 323. 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 Kuwait, by permitting Mr. al-Fadhli to be tortured during interrogation, extracting a statement from him under torture, and refusing him contact with his family, has violated articles 1, 2, 15, and 16 of the Convention against Torture (CAT). 324. The Special Rapporteur strongly urges the Government of Kuwait to immediately take measures to ensure Mr. al-Fadhli’s physical and psychological integrity and protect him from torture or other cruel, inhuman or degrading treatment while under detention. He further urges the Government to undertake a prompt and impartial investigation of Mr. al Fadhli’s allegations, to prosecute and punish those responsible, and to provide him reparations in accordance with articles 12 and 14 of the CAT. Lebanon JUA 29/06/2016 Case No. LBN 1/2016 State Reply: None to Date Allegations concerning the torture, mistreatment, rape, and detention in inhumane conditions of Ms. Layal Al Kayaje, a Palestinian woman facing trial before a military court for ‘defamation and libel against the Lebanese army.’ 325. The Special Rapporteur regrets that the Government of Lebanon 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. 326. 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 Lebanon, by failing to protect the physical and psychological integrity of Ms. Al Kayaje, including by 61

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