A/HRC/19/61/Add.4
Australia
UA 14/10/2011 Case No. AUS 6/2011 State reply: 06/01/2012 Alleged detention and
involuntary repatriation to Sri Lanka
13.
The Special Rapporteur thanks the Government of Australia for its response to
allegations and questions mentioned in the communication dated 14 October 2011, in
relation to the alleged involuntary repatriation of Mr. X to Sri Lanka in a detailed manner.
He encourages the Government to continue its engagement with the mandate.
Bahrain
(a) JUA 17/02/2011 Case No. BHR 1/2011 State reply: 05/04/2011 Alleged excessive use of
force in the context of peaceful protests.
14.
The Special Rapporteur thanks the Government of Bahrain for its response to this
communication regarding the alleged excessive use of force in the context of peaceful
protests, resulting in at least six deaths and numerous others injured. The Special
Rapporteur notes that “[l]aw enforcement officials may use force only when strictly
necessary and to the extent required for the performance of their duty” according to article
3 of the Code of Conduct for Law Enforcement Officials, adopted by General Assembly
resolution 34/169 of 17 December 1979. In respect of the alleged deaths as a result of the
excessive use of force by the riot police, the Special Rapporteur further notes that the
“obligation of all States to conduct exhaustive and impartial investigations into all
suspected cases of extrajudicial, summary or arbitrary executions, to identify and bring to
justice those responsible, . . . to grant adequate compensation within reasonable time to the
victims or their families and to adopt all necessary measures, including legal and judicial
measures, in order to bring an end to impunity and to prevent the recurrence of such
executions” (Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions, para. 4). The Special Rapporteur thanks the
Government for its explanation of the investigations undertaken to date into the allegations
of torture and other ill-treatment. The Special Rapporteur nonetheless encourages the
Government to ensure that all allegations of torture and other ill-treatment are investigated
and punished, and reminds the Government of its obligation to provide full redress,
including fair and adequate compensation, and as full rehabilitation as possible to all
victims of torture or other ill-treatment.
(b) JUA 18/03/2011 Case No. BHR 3/2011 State reply: 20/04/2011 Alleged excessive use of
force by security forces against protesters.
15.
The Special Rapporteur thanks the Government of Bahrain for its reply, dated 20
April 2011, to this communication regarding excessive use of force and ill-treatment
against protesters by security forces on 15, 16 and 17 March 2011. In its reply, the
Government indicated that “[t]he Ministry of the Interior denies that the incidents
mentioned in the [urgent appeal] took place.” The Government described the procedures in
effect in its national laws governing the use of force by security forces in protests and
detention settings, as well as the possibilities of compensating victims or their families
under existing law. However, the Government provided no further information regarding
the content of the communication. The Government did not report on the fate or
whereabouts of Mr. Mohammed al-Buflasa, nor did it address specific allegations of
torture. Based on the information received, the Special Rapporteur determines that the
rights of the named individuals in the communication under the UN Convention against
Torture may have been violated, and calls on the Government of Bahrain to undertake a
prompt, impartial, and effective investigation of the alleged acts of torture, leading to
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents