A/HRC/19/61/Add.4
Basic Principles on the Use of Force and Firearms by Law Officials. In light of the fact that
no evidence has been provided to the contrary, the Special Rapporteur is convinced that
there have been several violations of rights of the victims under the UN Convention against
Torture. The Special Rapporteur urges the Government to cease the practice of secret
detention and calls on the Government to undertake a prompt and impartial investigation of
the allegations of torture and ill-treatment; to ensure the accountability of those responsible;
and to prevent the recurrence of these acts.
Tajikistan
JUA 17/02/2011 Case No. TJK 1/2011 State reply: None to date Alleged torture and lack
of medical attention.
156. The Special Rapporteur regrets that the Government of Tajikistan 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 torture and lack of medical
attention against Mr. Ilhom Ismanov. As stated in the communication, Mr. Ismanov had
been the subject of a joint urgent appeal sent by the Chair-Rapporteur of the Working
Group on Arbitrary Detention; the Special Rapporteur on the independence of judges and
lawyers; and the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment on 19 November 2010. In view of the allegations of torture and
lack of medical attention, concern was expressed about the physical and psychological
integrity of Mr. Ismanov. Further concern was expressed about the lack of investigation
into the allegations of torture. The Special Rapporteur reiterates that article 12 of the
Convention against Torture 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 requires State parties to prosecute suspected perpetrators of
torture. Based on the information received, the Special Rapporteur determines that the
rights of Mr. Ismanov under the UN Convention against Torture have been violated. The
Special Rapporteur calls on the Government to immediately conduct a full investigation
and prosecution of those responsible, and ensure that Mr. Ismanov obtains redress,
including fair and adequate compensation, and as full rehabilitation as possible.
Thailand
(a) JUA 08/02/2011 Case No. THA 1/2011 State reply: 14/03/2011 Alleged arrest and
detention of 60 Ahmadis of Pakistani origin.
157. The Special Rapporteur thanks the Government of Thailand for its response to this
communication regarding the alleged arrest and detention of 60 Ahmadis of Pakistani
origin seeking asylum in Thailand. According to the information received, there are
substantial grounds to believe that if forcibly returned to Pakistan, these individuals would
face ill-treatment. 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. The Special Rapporteur thanks the Government for its explanation of the
administrative proceedings undertaken to determine the grant or denial of asylum for each
individual in this group of refugees, and appreciates that the Government does not endorse
a policy of forced return. The Special Rapporteur believes, in any case, that prior history of
persecution is highly relevant to the determination of risk and cautions that diplomatic
assurances of favorable treatment from the receiving country does not mitigate the State‟s
obligation to refrain from refoulement.
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