A/HRC/19/61/Add.4
the alleged solitary confinement, incommunicado detention and ban on family visits of Ms.
Hnin May Aung, a student activist. Regrettably, the Government‟s response failed to
address the allegation of ban on family visits since 7 July 2011. In this regard, the Special
Rapporteur would like to draw the attention of the Government to principle 19 of the Body
of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment and rule 37 of the Standard Minimum Rules for the Treatment of Prisoners.
In the absence of contradictory evidence, the Special Rapporteur concludes that Ms. Hnin
May Aung has been subjected to cruel, inhuman and degrading treatment in violation of
international standards. He calls on the Government of Myanmar to provide the result of
any investigation into allegations of bans on family visits after 29 June 2011 and to prevent
recurrence of these acts.
(c) JUA 28/11/2011 Case No. MMR 4/2011 State reply: None to date Alleged assault of a
prisoner by prison guards.
119. The Special Rapporteur regrets that the Government of Myanmar has not responded
to this communication, thereby failing to cooperate with the mandate established by the
Human Rights Council. The communication referred to the alleged ill-treatment and the use
of prolonged solitary confinement on Mr. Shin Gambira. The Special Rapporteur recalls
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”. In light of the fact that no evidence has been
provided to the contrary, the Special Rapporteur concludes that the rights of Mr. Gambira
under the international standards prohibiting torture and other cruel, inhuman or degrading
treatment or punishment have been violated. With respect to the use of prolonged solitary
confinement, the Special Rapporteur reiterates that prolonged solitary confinement, in
excess of 15 days, constitutes either cruel, inhuman or degrading treatment or torture, and
should be subject to an absolute prohibition.
Nigeria
(a) JAL 20/12/2010 Case No. NGA 7/2010 State reply: None to date Allegations of torture
and killing of children suspected of witchcraft.
120. The Special Rapporteur regrets that the Government of Nigeria 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 torture and killing of children
suspected of witchcraft in Akwa Ibom State, and death threats against Mr. Sam Itauma, the
coordinator of a local NGO that cares for children accused of witchcraft. 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.” Based on the information received, the
Special Rapporteur determines that the rights of these children under the UN Convention
against Torture have been violated, and calls on the Government to ensure that all children
are specially protected against abuse and, if subjected to torture and other forms of illtreatment, they obtain redress, including fair and adequate compensation, and as full
rehabilitation as possible.
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