A/HRC/34/54/Add.3
includes actions that a State takes in its own jurisdiction to prevent such acts in another
jurisdiction.” (A/70/303, para. 14, 38).
437. While welcoming the statement that Slovenia no longer implements the Joint
Statement, the Special Rapporteur nevertheless strongly urges the Government of the
Republic of Slovenia to explicitly reject the Joint Statement and the principles and
policies it espouses, as well as to take measures to ensure that its procedures and
involvement at Macedonia’s southern border are brought fully in line with its nonrefoulement obligations under international law.
Somalia
JUA 16/11/2015 Case No. OTH 9/2015 State Replies: 10/05/2016 and 16/06/2016
Allegations of the imminent execution of Mr. Abdullahi Ali, a man with
psychosocial disabilities, who is reportedly at risk of imminent execution in
Somaliland.
438. The Special Rapporteur thanks the Government of Somalia for its replies, dated 10
May 2016 and 16 June 2016, to the present communication.
439. The Rapporteur takes note of the information provided by the Government that the
case is pending before full bench at the Supreme Court.
440. The Special Rapporteur however finds that the Government, in its reply, does not
sufficiently address the concerns, legal obligations, and questions raised in the initial
communication, which prompts him to conclude that the Government fails fully and
expeditiously to cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13, as well as to comply with its obligation, under international customary
law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or
degrading treatment or punishment, as codified, inter alia, in the Convention against
Torture (CAT).
441. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, reiterated
above, and thus, that the Government of Somalia and the authorities of Somaliland, by
failing to protect the physical and psychological integrity and prevent the physical abuse
of Mr. Ali, exclude evidence obtained under torture or ill-treatment, and take steps to
prevent the execution of Mr. Ali, has acted in discordance with article 15 of the CAT,
and violated his right to be free from torture and other cruel, inhuman or degrading
treatment or punishment as provided by articles 1 and 16 or the CAT. The Special
Rapporteur urges the State of Somalia to refrain from executing this person.
South Sudan
JUA 18/07/2016 Case No. SSD 2/2016 State Reply: None to Date Allegations
concerning the continued arbitrary detention, mistreatment in detention, and
conviction following judicial procedures that did not meet international standards
on fair trial and due process, of four Kenyan nationals since 29 May 2015.
442. The Special Rapporteur regrets that the Government of South Sudan 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.
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