A/HRC/19/61/Add.4 response to the communication dated 30 August 2011. The communication referred to the alleged torture and ill-treatment of Mr. Gunasundaram Jayasundaram which has resulted in serious deterioration of his health condition. In accordance with article 7 and article 12 of the UN Convention against Torture, the Special Rapporteur would like to draw the attention of the Government to paragraph 1 of Human Rights Council Resolution 16/23 which “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Furthermore, the Special Rapporteur reminds the Government of rules 22(2) and 25(1) of the Standard Minimum Rules for the Treatment of Prisoners. In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur determines that the rights of Mr. Gunasundaram Jayasundaram have been violated under the UN Convention against Torture. The Special Rapporteur calls on the Government to undertake prompt and impartial investigation of all allegations of torture and to ensure the accountability of those responsible. Sudan (a) JUA 04/02/2011 Case No. SDN 2/2011 State reply: None to date Alleged arrests during peaceful demonstrations. 145. The Special Rapporteur regrets that the Government of Sudan has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to allegations of detention and torture or illtreatment of Mr. Louis Ewell, also known as Louis Awil Weriak, Mr. Tharwat Swaraldahab, Mr. Hamza Baloul, Ms. Sarah Tag, Mr. Ali Haj Al-amin, Mr. Hussein Khogali, Mr. Mohamed Amir Musa. The Special Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23 of 12 April 2011 “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Moreover, paragraph 8(b) of Human Rights Council Resolution 16/23 asserts that “[p]rolonged incommunicado detention or detention in secret places can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person and to ensure that secret places of detention and interrogation are abolished.” Accordingly, based on the information received, the Special Rapporteur determines that the rights of the identified individuals under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to immediately investigate all allegations of torture and other forms of ill-treatment, and ensure that perpetrators are prosecuted. Moreover, the Government must ensure that all individuals whose rights have been violated obtain redress, including fair and adequate compensation, and as full rehabilitation as possible. (b) JUA 28/03/2011 Case No. SDN 3/2011 State reply: None to date Alleged detention and torture of journalists. 146. The Special Rapporteur regrets that the Government of Sudan has not responded to this communication in reference to the alleged detention and torture of journalists. In the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Messrs. Abu Zara al-Amin, Ashraf Abdelaziz, and Dahab Ibrahim under the UN Convention against Torture were violated. Additionally, the Special Rapporteur determines 64

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