A/HRC/19/61/Add.4 Israel JUA 31/03/2011 Case No. ISR 3/2011 State reply: 07/06/2011 Alleged arbitrary detention and ill- treatment. 89. The Special Rapporteur thanks the Government of Israel for its reply, dated 7 June 2011, to this communication regarding the alleged arbitrary detention and ill-treatment of Mr. Dirar Abu Sisi. In its reply, the Government reported that Mr. Abu Sisi was captured by government authorities, on suspicion of charges including “alleged activity in a terrorist organization.” The Government indicated that a “gag order” was in effect and provided a copy of the indictment against Mr. Abu Sisi. However, the Government did not provide information regarding the alleged extradition from Ukraine, solitary confinement and incommunicado detention, and torture and ill-treatment against Mr. Abu Sisi. In the context of reports that Mr. Abu Sisi was held incommunicado for ten days, the Special Rapporteur draws the Government's attention to paragraph 8(b) of Human Rights Council Resolution 16/23 of 12 April 2011, which reminds States 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.” Regarding the reported solitary confinement of Mr. Abu Sisi, the Special Rapporteur recalls paragraph 6 of General Comment No. 20 of the Human Rights Committee. It states that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7 [on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment] of the International Covenant on Civil and Political Rights (Adopted at the 44th session of the Human Rights Committee, 1992), and article 7 of the Basic Principles for the Treatment of Prisoners, which provides that “efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged.” (Adopted by the General Assembly by resolution 45/111 of 14 December 1990). Regarding reports that Mr. Abu Sisi was subjected to ill-treatment including by being left chained to a metal “bed” by both hands and legs spread apart for 14 hours, paragraph 1 of Human Rights Council Resolution 16/23 of 12 April 2011 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 nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Based on the information received, the Special Rapporteur determines that Mr. Abu Sisi's rights under the UN Convention against Torture were violated, and calls on the Government to undertake a prompt and impartial investigation of the alleged torture, leading to prosecution and punishment of the perpetrators, and to provide full redress to Mr. Abu Sisi. Kazakhstan (a) JUA 19/01/2011 Case No. KAZ 1/2011 State reply: 14/03/2011 Alleged arrest and extradition request of refugees and asylum-seekers related to their affiliation with certain religious and political groups. 90. The Special Rapporteur thanks the Government of the Kazakhstan for its response to this communication regarding the alleged arrest and extradition request of 28 refugees and religious or political asylum-seekers. According to the information received, all 28 asylumseekers were deemed to be in danger of being subjected to torture if extradited to 39