A/HRC/19/61/Add.4
asserted by the Special Rapporteur, “countries should take effective measures to prevent
prisoner-on-prisoner violence by investigating reports of such violence, prosecuting and
punishing those responsible, and offering protective custody to vulnerable individuals,
without marginalizing them from the prison population more than is required by the need
for protection and without putting them at further risk of ill-treatment” (E/CN.4/2003/68,
para. 26 (j)). Accordingly, based on the information received, the Special Rapporteur
determines that Mr. X‟s rights under the UN Convention against Torture have been
violated. The Special Rapporteur calls on the Government to immediately release both Mr.
X and Mr. Y from detention, ensure that they obtain redress, including fair and adequate
compensation, and as full rehabilitation as possible.
(b) AL 17/10/2011 Case No. AFG 4/2011 State reply: None to date Alleged torture in
detention.
7.
The Special Rapporteur regrets that the Government of Afghanistan 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 torture of
conflict-related detainees, including five children, by National Directorate of Security
officials. The Special Rapporteur reiterates that paragraph 1 of Human Rights Council
Resolution 16/23 “[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.” In light of the fact that no
evidence has been provided to the contrary, the Special Rapporteur finds that the rights of
the individuals mentioned in the communication under the UN Convention against Torture
have been violated. The Special Rapporteur calls on the Government to investigate,
prosecute and punish those responsible and to provide full redress to the victims, especially
children victims.
Angola
JAL 03/03/2011 Case No. AGO 1/2011 State replies: 30/03/2011 12/04/2011 Alleged mass
deportations.
8.
The Special Rapporteur thanks the Government of Angola for its replies to this
communication. In its first reply, dated 30 March 2011, the Government of Angola
indicated that it had formed an inter-ministerial committee coordinated by the Ministry of
Foreign Affairs to complete an investigation regarding alleged ill-treatment of DRC
migrants by Angolan Security Forces. In its reply on 12 April 2011, the Government of
Angola reported on the activities of this “Multidisciplinary Commission,” which the
Government reported “determined that no facts exist to prove the allegations in [the Human
Rights Council's] letter, but rather the condition of constant violations of the Angolan
border by DRC citizens.” The Government reported that this Commission confirmed only
one case of sexual abuse against a DRC citizen. The Special Rapporteur notes the
insufficiency of the Government's response to the credible allegations of torture and cruel,
inhuman and degrading treatment, particularly in light of allegations of more than 1357
reported cases of sexual violence and of the use of invasive anal and vaginal searches of
detainees by Angolan authorities. Based on the information presented, the Special
Rapporteur concludes that the rights of detainees under the UN Convention against Torture
have been violated, and calls on the Government to undertake a prompt and independent
investigation, leading to prosecution and punishment of the perpetrators, and to provide full
redress to the victims.
6
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