A/HRC/19/61/Add.4
response to the communication dated 30 August 2011. The communication referred to the
alleged torture and ill-treatment of Mr. Gunasundaram Jayasundaram which has resulted in
serious deterioration of his health condition. In accordance with article 7 and article 12 of
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 which
“[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.” Furthermore, the Special Rapporteur
reminds the Government of rules 22(2) and 25(1) of the Standard Minimum Rules for the
Treatment of Prisoners. In light of the fact that no evidence has been provided to the
contrary, the Special Rapporteur determines that the rights of Mr. Gunasundaram
Jayasundaram have been violated under the UN Convention against Torture. The Special
Rapporteur calls on the Government to undertake prompt and impartial investigation of all
allegations of torture and to ensure the accountability of those responsible.
Sudan
(a) JUA 04/02/2011 Case No. SDN 2/2011 State reply: None to date Alleged arrests during
peaceful demonstrations.
145. The Special Rapporteur regrets that the Government of Sudan 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 detention and torture or illtreatment of Mr. Louis Ewell, also known as Louis Awil Weriak, Mr. Tharwat
Swaraldahab, Mr. Hamza Baloul, Ms. Sarah Tag, Mr. Ali Haj Al-amin, Mr. Hussein
Khogali, Mr. Mohamed Amir Musa. The Special Rapporteur reiterates that paragraph 1 of
Human Rights Council Resolution 16/23 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.” Moreover, paragraph 8(b) of Human Rights Council Resolution 16/23 asserts
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 the dignity of the person and to ensure that
secret places of detention and interrogation are abolished.” Accordingly, based on the
information received, the Special Rapporteur determines that the rights of the identified
individuals under the UN Convention against Torture have been violated. The Special
Rapporteur calls on the Government to immediately investigate all allegations of torture
and other forms of ill-treatment, and ensure that perpetrators are prosecuted. Moreover, the
Government must ensure that all individuals whose rights have been violated obtain
redress, including fair and adequate compensation, and as full rehabilitation as possible.
(b) JUA 28/03/2011 Case No. SDN 3/2011 State reply: None to date Alleged detention and
torture of journalists.
146. The Special Rapporteur regrets that the Government of Sudan has not responded to
this communication in reference to the alleged detention and torture of journalists. In the
absence of evidence to the contrary, the Special Rapporteur determines that the rights of
Messrs. Abu Zara al-Amin, Ashraf Abdelaziz, and Dahab Ibrahim under the UN
Convention against Torture were violated. Additionally, the Special Rapporteur determines
64
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents