A/HRC/19/61/Add.4
provisions of article 7 [on the prohibition of torture and other cruel, inhuman and degrading
treatment or punishment] of the International Covenant on Civil and Political Rights is to
protect both the dignity and the physical and mental integrity of the individual. It is the duty
of the State party to afford everyone protection through legislative and other measures as
may be necessary against the acts prohibited by article 7, whether inflicted by people acting
in their official capacity, outside their official capacity or in a private capacity” (Adopted at
the 44th session of the Human Rights Committee, 1992). Moreover, article 12 of the UN
Convention against Torture asserts that “[e]ach State Party shall ensure that its competent
authorities proceed to a prompt and impartial investigation, wherever there is reasonable
ground to believe that an act of torture has been committed in any territory under its
jurisdiction.” Accordingly, the Special Rapporteur urges the Government to act expediently
to ensure the full investigation and prosecution of relevant perpetrators. Based on the
information received, the Special Rapporteur determines that Ms. X‟s rights under the UN
Convention against Torture have been violated, and calls on the Government to ensure Ms.
X obtains redress, including fair and adequate compensation, and as full rehabilitation as
possible.
(b) JAL 16/09/2011 Case No. ZAF 2/2011 State reply: 19/10/2011 31/01/2012 Alleged rape of
sex worker by police while in detention.
142. The Special Rapporteur acknowledges the replies transmitted by the South African
Government on 19 October 2011 and 31 January 2012; however, he notes that the
Government has yet to provide substantive information pertaining to the issues raised. The
communication referred to the alleged arbitrary detention and rape of a sex worker, and the
allegation that this represents part of a wider pattern of abuse against sex workers in South
Africa. In this regard, the Special Rapporteur would like to draw the attention of the
Government to article 4 (c) and 4(d) of the United Nations Declaration on the Elimination
of Violence against Women. The Special Rapporteur encourages the South African
Government to provide information on any investigations carried out at the earliest
opportunity.
Sri Lanka
(a) JUA 17/08/2011 Case No. LKA 5/2011 State reply: None to date Alleged arbitrary
detention and ill-treatment.
143. The Special Rapporteur regrets that the Government of Sri Lanka has not yet
responded to this communication, thereby failing to cooperate with the mandate established
by the Human Rights Council. The communication referred, inter alia, to the alleged torture
of Mr. Wickramasinghe Arachchige Ranjith Chandrasiri Perera while in detention. In light
of the fact that no evidence has been provided to the contrary, the Special Rapporteur
concludes that the rights of Mr. Wickramasinghe under the UN Convention against Torture
have been violated. In this connection, the Special Rapporteur would like to draw the
attention of the Sri Lankan Government to principle 15 of the UN Basic Principles on the
Use of Force and Firearms by Law Officials, and calls on the Government to investigate,
prosecute, and punish all cases of torture, providing full redress to the victims, including
fair and adequate compensation, and as full rehabilitation as possible. The Special
Rapporteur urges the Government of Sri Lanka to provide information concerning the
issues raised in the communication at the earliest opportunity.
(b) JUA 30/08/2011 Case No. LKA 6/2011 State reply: None to date Alleged arbitrary
detention, torture and violations of rights to fair trial, health, water and sanitation.
144. The Special Rapporteur regrets that the Government of Sri Lanka has failed to
cooperate with the Mandate established by the Human Rights Council through its lack of
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