A/HRC/19/61/Add.4
sexual assault of Ms. Eman al-Obaidi by members of Gaddafi security forces. In the
absence of evidence to the contrary, the Special Rapporteur determines that the rights of
Ms. al-Obaidi under the UN Convention against Torture were violated. The Special
Rapporteur draws the Government's attention to article 12 of the Convention against
Torture, which requires the competent authorities to undertake a prompt and impartial
investigation wherever there are reasonable grounds to believe that torture has been
committed, and article 7 of the Convention against Torture, which requires State parties to
prosecute suspected perpetrators of torture. The Special Rapporteur also recalls a recent
report to the Human Rights Council, which stresses that “rape and other serious acts of
sexual violence by officials in contexts of detention or control not only amount to torture or
ill-treatment, but also constitute a particularly egregious form of it, due to the stigmatization
they carry” (A/HRC/7/3, para. 69). The Special Rapporteur calls on the Government to
immediately undertake a prompt, impartial and effective investigation of these facts,
leading to prosecution and punishment of the perpetrators, and to provide full redress to the
victim.
Malawi
JUA 19/10/2011 Case No. MWI 6/2011 State reply: None to date Alleged arbitrary
detention of human rights defenders for their peaceful exercise of the freedoms of
expression and assembly.
102. The Special Rapporteur regrets that the Government of Malawi has not responded to
this communication, thereby failing to cooperate with the mandate established by the
Human Rights Council. The communication referred to the alleged denial of medical
treatment to Mr. Brian Nyasulu while in detention. The Special Rapporteur recalls rule
22(2) of the Standard Minimum Rules for the Treatment of Prisoners, which provides that,
“[s]ick prisoners who require specialist treatment shall be transferred to specialized
institutions or to civil hospitals. Where hospital facilities are provided in an institution, their
equipment, furnishings and pharmaceutical supplies shall be proper for the medical care
and treatment of sick prisoners, and there shall be a staff of suitable trained officers.” In the
absence of evidence to the contrary, the Special Rapporteur concludes that medical
treatment in detention was indeed denied to Mr. Nyasulu, constituting cruel, inhuman and
degrading treatment. He encourages the Government to provide the results of any
investigation into the mistreatment of Mr. Nyasulu.
Malaysia
JUA 16/02/2011 Case No. MYS 2/2011 State reply: 18/04/11 Alleged Risk of illtreatment and discrimination in relation to deportation.
103. The Special Rapporteur thanks the Government of Malaysia for its response to this
communication regarding allegations of risk of ill-treatment and discrimination in the
deportation proceedings of Mr. X, an Ahmadiyyah man from Karachi, Pakistan. The
Special Rapporteur notes that paragraph 9 of General Comment No. 20 of the Human
Rights Committee states that State parties “must not expose individuals to the danger of
torture or cruel, inhuman or degrading treatment or punishment upon return to another
country by way of extradition, expulsion or refoulement.” The Special Rapporteur thanks
the Government for its explanation of the administrative proceedings undertaken to
determine the fate of Mr. X and appreciates that the office of the UN High Commissioner
for Refugees is taking part in the process. The Special Rapporteur believes, in any case, that
prior history of persecution is highly relevant to the determination of risk and cautions that
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