A/HRC/25/60/Add.2
order on 17 June 2013. No measures of restraint were imposed on Ms. Radchenko. The
Government also stated that in relation to the information submitted by Ms. Radchenko’s
lawyer, in accordance with article 365, part 2 of the Criminal Code of Ukraine, a criminal
case has been launched concerning the use of force against her, her daughter and grandson
by the law enforcement officers during the implementation of the court’s decision. The
investigation is currently ongoing.
165. The Special Rapporteur thanks the Government for detailed information on the steps
taken into the circumstances of this case. He commends the Government for the correction
of some of the violations alleged. Nevertheless, the Special Rapporteur notes that the
Government states that there was no violation of law in subjecting her to involuntary
psychiatric treatment and confinement. The response does not address the fact that she was
forcibly admitted without a document confirming the court decision. The Special
Rapporteur regrets that the Government did not provide further information with respect to
the above-mentioned instructions issued by the Ministry of Health concerning measures to
be taken to comply with the Law on “Psychiatric care.” He would like to be able to
comment on the substance of those instructions from the perspective of their consistency
with international standards. The Special Rapporteur welcomes the ongoing investigation
into physical restraint of Ms. Radchenko’s daughter and grandson and urges the
Government to provide the full details of any prosecutions in the event that the alleged
perpetrators are identified. The Special Rapporteur urges the Government to take measures
to ensure that Ms. Radchenko’s family is protected from violence, threats of violence or
any form of intimidation and take steps to provide Ms. Radchenko with compensation. The
Special Rapporteur also encourages the Government to bring the alleged perpetrators to
account and impose penal, disciplinary or administrative sanctions on the alleged
perpetrators implicated in authorising and executing the forced psychiatric treatment and
confinement of Ms. Radchenko. The Special Rapporteur regrets that the Government did
not provide the full details of the court decision which made possible the alleged forced
psychiatric treatment and confinement of Ms. Radchenko. Given the information received,
the Special Rapporteur determines that the rights under the UN Convention against Torture
of Ms. Radchenko have been violated, and calls on the Government to undertake a prompt
and impartial investigation of the alleged acts, including prosecution and punishment of the
perpetrators, and to provide appropriate and adequate redress.
United Kingdom of Great Britain and Northern Ireland
(a)
AL 06/07/2013 Case No. GBR 2/2012 State Reply: 23/07/2013, 23/07/2013, 23/07/2013,
14/10/2013, 14/10/2013 amd 14/10/2013 Allegations of torture and ill-treatment of
Congolese nationals after their forcible refoulement from the United Kingdom (UK) to
the Democratic Republic of Congo (DRC) committed by Congolese officials.
166. The Special Rapporteur thanks the Government for its several extensive replies to
the Allegation Letter dated 7 June 2013 regarding reports of eight Congolese nationals
facing continuous and pervasive intimidation, harassment, torture and re-arrest upon return
to the DRC after failed asylum attempts in the UK. Concern was expressed that the
conditions they face are allegedly contrary to the Country of Origin Information Report
(March 2012), the Country Policy Bulletin (November 2012) and the Operational Guidance
Note (May 2012) developed by the UK Border Agency (UKBA) to assess the
appropriateness of returning failed asylum seekers to their home countries. According to the
allegations, these documents inaccurately designate the DRC as a safe place to return
asylees and, on the basis of this designation, many Congolese are returned to unsafe
conditions. It was further alleged that DRC officials use immigration information passed to
them by Government officials to facilitate the arrest, detention, and in some instances
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