A/HRC/19/61/Add.4
I. Introduction
1.
The present document is submitted by the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, to the Human
Rights Council, pursuant to its resolution 16/23.
2.
In the present addendum, the Special Rapporteur provides observations, where
considered appropriate, on communications sent to States between 1 December 2010 and
30 November 2011, as well as on responses received from States in relation to these
communications until 31 January 2012. Communications sent and responses received
during the reporting period are accessible electronically through hyperlinks.
3.
During the period under review, the Special Rapporteur, together with the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism, the Vice-Chair of the Working Group on Arbitrary Detention
and Chair-Rapporteur of the Working Group on Enforced or Involuntary Disappearances,
sent letters to 59 States related to the mandate holders‟ joint study on global practices in
relation to secret detention in the context of countering terrorism (A/HRC/13/42).
4.
The Special Rapporteur acknowledges the receipt of responses from nine States
through to 31 January 2012. The current report does not comment on the substance of
responses received so far to the joint study on secret detention. Subject to agreement with
the other mandate-holders responsible for that joint report, and after more responses are
received, a special report on those contributions will be issued.
5.
The Special Rapporteur is grateful to all States which have transmitted responses to
communications sent. He considers response to his communications an important part of
cooperation by States with his mandate. In this context, the Special Rapporteur recalls
paragraph 6(a) of the Human Rights Council resolution 16/23 which urges States to
“cooperate with and assist the Special Rapporteur in the performance of his or her task, to
supply all necessary information requested by him or her and to fully and expeditiously
respond to his or her urgent appeals, and urges those Governments that have not yet
responded to communications transmitted to them by the Special Rapporteur to answer
without further delay.”
II. Observations by the Special Rapporteur
Afghanistan
(a) JUA 14/01/2011 Case No. AFG 1/2011 State reply: None to date Alleged detention of
Christian converts.
6.
The Special Rapporteur regrets that the Government of Afghanistan 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 detention and illtreatment of two Christian converts, including the assertion that Mr. X was subjected to
sleep deprivation, sexual abuse, and beatings by prison staff and three other detainees. The
Special Rapporteur notes 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, as previously
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