A/HRC/19/61/Add.4 of 12 April 2011 “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Based on the information received, the Special Rapporteur determines that the rights of Mr. Khamroev under the UN Convention against Torture have been violated, and calls on the Government to launch an impartial and independent investigation into the episode, leading to prosecution and punishment of those responsible. The government must also ensure that Mr. Khamroev obtains redress, including fair and adequate compensation, and as full rehabilitation as possible. (b) JAL 14/01/2011 Case No. RUS 1/2011 State reply: 28/03/2011 Alleged pattern of impunity regarding the deaths of lawyers and human rights activists. 132. The Special Rapporteur thanks the Government of the Russian Federation for its response to this communication concerning allegations of a pattern of impunity for the deaths of lawyers and human rights activists including Mr. Sergei Magnitsky, a lawyer who died in custody on 16 November 2009. The Special Rapporteur would like to reiterate that when the State detains an individual, it is held to a heightened level of diligence in protecting that individual‟s rights, especially his or her right to physical integrity. When an individual dies as a consequence of injuries sustained while in State custody, there is a presumption of State responsibility, particularly when the person was in good health at the time of his arrest (see ECHR, Selmouni v France and Aksoy v Turkey). In the Magnitsky case, attempts to present the cause of death as arising from natural causes is particularly unpersuasive given the medical records available and the fact that urgent medical attention was denied to him as his condition deteriorated. To overcome the presumption of State responsibility for a death resulting from injuries sustained in custody, there must be a “thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances” (principle 9 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions). This obligation to investigate and punish all acts of torture and other forms of ill-treatment also arises under articles 7 and 12 of the UN Convention against Torture. The Special Rapporteur is especially concerned that, although officials presumably involved in Magnitsky‟s arrest and treatment in detention have been identified, their conduct has not been properly investigated. Instead, Magnitsky‟s relatives are being asked to contribute evidence or be portrayed as not being interested in the investigation. The Special Rapporteur insists that torture is such a serious crime that it requires investigation and prosecution ex officio under all circumstances. (c) JUA 23/03/2011 Case No. RUS 2/2011 State reply: 11/05/2011 Alleged torture of a detainee. 133. The Special Rapporteur thanks the Government of the Russian Federation for its reply, dated 11 May 2011, to this communication regarding the alleged torture of Mr. Rasul Kudaev. Mr. Kudaev had also been the subject of an urgent appeal sent by the ChairRapporteur of the Working Group on Arbitrary Detention on 27 May 2004. In its reply, the Government indicated that Mr. Kudaev had been arrested on 23 October 2005 and on 21 March 2011 his remand in custody was extended until 26 June 2011. The Government reported that Mr. Kudaev underwent medical examinations, the results of which showed him to be suffering from “chronic gastritis, cholecystitis and osteochondrosis of the lumbar vertebrae.” The Government indicated that “[w]hen examined on 15 April 2011, Mr. Kudaev's condition was found to be satisfactory, and he was considered to be in reasonable health.” The Government noted that “[i]ndependent inspections have not been instituted by 57