A/HRC/19/61/Add.4 Convention against Torture have been violated. The Special Rapporteur calls on the new Government of Lybia to immediately conduct a full investigation and prosecution of those responsible, in appropriate cases to surrender suspects to the International Criminal Court in accordance with the Security Council resolution that referred the Lybian situation to that judicial body, and to ensure that all victims of torture obtain redress, including fair and adequate compensation, and as full rehabilitation as possible. (b) JUA 14/03/2011 Case No. LBY 2/2011 State reply: None to date Alleged abductions of journalists. 99. The Special Rapporteur regrets that the Government of Libyan Arab Jamahiriya has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the use of excessive force by security forces resulting in death and injury, as well as the arrest and incommunicado detention of human rights defenders. In the absence of evidence to the contrary, the Special Rapporteur determines that the rights of the individuals named in the communication under the UN Convention against Torture have been violated. He calls on the new Government of Lybia to undertake an investigation, leading to the prosecution and punishment of the perpetrators, or to their surrender to the jurisdiction of the International Criminal Court in accordance with the Security Council resolution referring the Lybian situation to that Court, and to provide full redress to the victims, including measures of rehabilitation and nonrepetition. (c) JUA 18/03/2011 Case No. LBY 3/2011 State reply: None to date Alleged cases of enforced disappearances. 100. The Special Rapporteur regrets that the Government of Libyan Arab Jamahiriya has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged incommunicado detention, ill-treatment, and possible enforced disappearance of Mr. Mohamed Al Shareef, Mr. Adel Abdallah Almadaa Salah, Mr. Abdalsalem Alqanashi, Mr. Ali Mubarak Omran, Mr. Alsadek Almabrouk Hamada Bridan, Mr. Abdalkarin Mohamed Abdalkarim, Mr. Salah Almabrouk Saad, Mr. Abdallah Abdalsilam Khalifa, Mr. Nasser Amar Ali, Mr. Farj Amar Ali, Mr. Assam Mohamed Abdalrazak Shahat, Mr. Ali Mohamed Salah, Mr. Souad Ali Boumbrika, Mr. Abdessalam Youness, and Mr. Adam Masaoud Mohamed Idriss, as well of hundreds of other persons allegedly detained in unknown locations. The Special Rapporteur recalls paragraph 8(b) of Human Rights Council Resolution 16/23 of 12 April 2011, which states: “[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.” In the absence of evidence to the contrary, the Special Rapporteur determines that the rights of the aforementioned individuals under the UN Convention against Torture have been violated, and calls on the new Government of Lybia to undertake prompt, impartial and effective investigations of these acts, leading to prosecution and punishment of the perpetrators of torture, and in appropriate cases to their surrender to the jurisdiction of the International Criminal Court in accordance with the Security Council resolution that referred the Lybian situation to that judicial body, and to provide full redress to all victims. The Special Rapporteur calls on the new Government to abolish the practice of incommunicado detention and secret places of detention and interrogation. (d) JAL 07/04/2011 Case No. LBY 5/2011 State reply: none to date Alleged abduction and rape by security forces. 101. The Special Rapporteur regrets that the Government of Lybia has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred, inter alia, to the reported torture, rape and 44

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