A/HRC/19/61/Add.4 Iraq (a) JAL 01/12/2010 Case No. IRQ 8/2010 State reply: 12/01/2011 Alleged torture and illtreatment by Iraqi security forces. 83. The Special Rapporteur thanks the Government of Iraq for its response to this communication regarding alleged torture and ill-treatment of Iraqi citizens by Iraqi security forces originating from official files of the United States of America disclosed through Wikileaks. Regrettably, the Government‟s response fails to substantively address any of the specific allegations contained in the joint allegation letter. In particular, the response sheds no light on whether Iraqis arrested by American and Coalition forces and delivered to Iraqi custody were indeed tortured, or whether the numerous allegations to that effect were ever effectively investigated. The Special Rapporteur insists that the Government must investigate, prosecute and punish all cases of torture. He also calls on the government to create a credible system of prevention of torture or cruel, inhuman or degrading treatment. (b) JUA 15/04/2011 Case No. IRQ 1/2011 State reply: None to date Alleged disproportionate use of force by security forces in Camp Ashraf. 84. The Special Rapporteur regrets that the Government of Iraq has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to reported excessive use of force by Iraqi security forces on 28 and 29 July 2009 in Camp Ashraf, including the alleged killing of some 34 residents of the camp and injury to over 300, as well as the detention and illtreatment of six residents of the camp, Messrs. Bahman Toloo, Mehdi Ghafouri, Hamid Makki, Hossein Eyni, Babak Karimi, and Asghar Mehdizadeh. In the absence of evidence to the contrary, the Special Rapporteur determines that the aforementioned acts constitute violations of international law as codified in the UN Convention against Torture, which Iraq ratified on 7 July 2011. He calls on the Government of Iraq to ensure a prompt and impartial investigation, leading to prosecution and punishment of the perpetrators, and the provision of redress to all victims, including measures of rehabilitation and non-repetition. (c) JUA 27/04/2011 Case No. IRQ 2/2011 State reply: None to date Alleged excessive use of force against peaceful protesters. 85. The Special Rapporteur regrets that the Government of Iraq has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the reported use of excessive force against protesters in peaceful demonstrations including, inter alia, six protesters who were allegedly arrested and subjected to torture and other ill-treatment before being released and one demonstrator, Mr. Haidar Shihab Ahmad Abdel Latif, whose fate and whereabouts remain unknown. In the absence of evidence to the contrary, the Special Rapporteur concludes that the rights of Messrs. Oday Alzaidy, Abdel-Jabbar Shaloub Hammadi, Hadi al-Medhi, Sharwan Azad Faqi 'Abdallah, 'Ala Nabil, and Firas'Ali under the UN Convention against Torture, which Iraq ratified on 7 July 2011, have been violated. The Special Rapporteur calls on the Government of Iraq to ensure a prompt and impartial investigation, leading to prosecution and punishment of the perpetrators, and the provision of redress to all victims, including measures of rehabilitation and non-repetition. With respect to Mr. Abdel Latif, the Special Rapporteur reminds the Government that under paragraph 8(b) of Human Rights Council Resolution 16/23 of 12 April 2011, “[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 calls on the Government of Iraq to ensure that secret places of detention and interrogation are abolished. 37