A/HRC/19/61/Add.4
Uzbekistan, on the basis that they had been tortured there before. 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 and judicial proceedings undertaken to
determine the fate of this group of refugees and appreciates that the office of the UN High
Commissioner for Refugees was allowed to take 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 diplomatic assurances of favorable treatment from
the receiving country does not mitigate the State‟s obligation to refrain from refoulement.
(b) JUA 24/08/2011 Case No. KAZ 3/2011 State reply: None to date Alleged extradition and
risk of torture.
91.
The Special Rapporteur regrets that the Government of Kazakhstan failed to respond
to the communication dated 24 August 2011 concerning the then upcoming extradition of
Mr. X , a national of the Republic of Uzbekistan. In accordance with article 3 of the UN
Convention against Torture, the Special Rapporteur would like to draw the attention of the
Government to paragraph 9 of General Comment No. 20 on the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment, in which 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”. In the absence of evidence to the contrary,
the Special Rapporteur fears that the situation of Mr. X resulted in violation of rights
protected by the UN Convention against Torture. Given the context and concerns of Mr. X
being subjected to torture and harsh sentences, including life imprisonment, in case of
extradition, the Special Rapporteur calls on the Government to ensure that rights and
security of Mr. X are respected.
Kuwait
JUA 04/07/2011 Case No. KWT 1/2011 State reply: None to date Alleged arbitrary
detention and ill-treatment for the peaceful exercise of the right to freedom of
expression.
92.
The Special Rapporteur regrets that the Government of Kuwait has not responded to
the communication dated 4 July 2011, thereby withholding cooperation with the mandate
established by Human Rights Council. The communication referred to the alleged illtreatment and incommunicado detention of Mr. Nasser Abul, an online activist, for four
days following his arrest on 7 June 2011, for posting messages on his Twitter account. In
the absence of any evidence to the contrary, the Special Rapporteur is of the view that there
has been a violation of Mr. Nasser Abul under the UN Convention against Torture. The
Special Rapporteur would like to draw the attention of the Government to paragraph 1 of
Human Rights Council Resolution 16/23 and urges the Government to cease the practice of
incommunicado detention. The Special Rapporteur calls on the Government to ensure the
accountability of those responsible and to prevent the recurrence of these acts.
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