A/HRC/19/61/Add.4
that under the UN Convention against Torture the rights of Mr. Suleiman Wida'a, Ms.
Fatima Bashir, Ms. Fathia Tinga, and Mr. Jaafar Alsabki Ibrahim, whose whereabouts
remain unknown, were likely violated. The Special Rapporteur urgently calls on the
Government of Sudan to guarantee the physical and mental integrity of Messrs. al-Amin,
Wida'a, Bashir, Tinga, and Ibrahim. He also calls on the new Government to undertake a
prompt, independent and effective investigation of alleged acts of torture against all named
individuals, leading to prosecution and punishment of the perpetrators, and to provide full
redress. The Special Rapporteur recalls paragraph 8(b) of Human Rights Council
Resolution 16/23 of 12 April 2011, which states 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 dignity of the person and to ensure that secret places of detention and
interrogation are abolished.” The Special Rapporteur urges the Government of Sudan to
abolish the practice of incommunicado and unacknowledged detention.
Sweden
UA 10/12/2010 Case No. SWE 2/2010 State reply: 14/01/2011 18/04/2011 Alleged
deportation of HIV-positive rape victim.
147. The Special Rapporteur thanks the Government of Sweden for its two responses to
the communication dated 10 December 2010 regarding the threatened deportation to the
Democratic Republic of Congo of Ms. X, a HIV-positive victim of rape and torture. The
Special Rapporteur notes that article 3 of the UN Convention against Torture holds that no
State party shall expel, return (“refouler”), or extradite a person to another State where
there are substantial grounds for believing that the person would be in danger of being
subjected to torture. Accordingly, the Special Rapporteur is satisfied that on re-examination
of her application for asylum, Ms. X has been granted a permanent residence permit to
remain in Sweden.
Syrian Arab Republic
(a) JUA 30/03/2011 Case No. SYR 4/2011 State reply: 06/07/2011 Alleged assault and arrest
in relation to peaceful demonstration.
148. The Special Rapporteur thanks the Government of Syria for its reply, dated 6 July
2011, to this communication. In its reply, the Government of Syria provided information on
recent legislative reforms and reported that of the detainees named in the communication,
“all those who were detained for perpetrating unlawful acts have been transferred to judicial
authorities,” and that the state of emergency had been lifted. The Government reported that
“[i]n most of the cases referred to the courts, the suspects have been released immediately,”
but that suspects of “sabotage, arson, or murder” are being prosecuted and punished.
However, the Government did not provide specific information on the fate or whereabouts
of any of the detainees by name. The Special Rapporteur recalls paragraph 8(b) of Human
Rights Council Resolution 16/23 of 12 April 2011, which reminds States 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 dignity of the person and to ensure that secret places of
detention and interrogation are abolished.” In the absence of evidence to the contrary, the
Special Rapporteur determines that the rights under the UN Convention against Torture of
the detained individuals named in the communication have been violated, and calls on the
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