A/HRC/25/60/Add.2 (c) JAL 31/05/2013 Case No. USA 6/2013 State Reply: None to date Alleged refusal to allow plaintiffsto travel to the United States of America (U.S.) to participate in their lawsuit. 169. The Special Rapporteur regrets that the government of the United States of America 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 refusal to allow the plaintiffs in Al Shimari v. CACI Premier Technology, Mr. Taha Yaseen Arraq Rashid, Mr. Asa’ad Hamza Hanfoosh Al-Zuba’e and Mr. Suhail Najim Abdullah Al Shimari, to travel to the United States of America (U.S.) to participate in their lawsuit against a private military contractor at Abu Ghraib in Iraq. According to the information received, Mr. Rashid, Mr. Al-Zuba’e and Mr. Al Shimari filed a lawsuit against a private military contractor, CACI Premier Technology, Inc., alleging torture and ill-treatment at Abu Ghraib prison in Iraq. Mr. Rashid, Mr. Al-Zuba’e and Mr. Al Shimari were all granted visas to travel to the U.S. during winter 2012/2013 and were able to secure boarding passes for their flight from Baghdad, Iraq to the U.S., scheduled for 15 March 2013, but were denied boarding onto the flight. All three men have applied for expedited visas to travel to the U.S. and no explanation has been given for their initial denial to board the aircraft. Mr. Rashid, Mr. Al-Zuba’e and Mr. Al Shimari risk dismissal of their case if they are unable to appear for deposition in the U.S. In this context, the Special Rapporteur would like to remind the government of the United States of America of paragraph 7e of Human Rights Council Resolution 16/23, which urges States “(t)o ensure that victims of torture or other cruel, inhuman or degrading treatment or punishment obtain redress, are awarded fair and adequate compensation and receive appropriate social, psychological, medical and other relevant specialized rehabilitation.” In addition, one of the foundational principles of the Guiding Principles on Business and Human Rights, adopted by the Human Rights Council provides that “[a]s part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy.” In accordance with the United States of America’s obligation and commitment to provide redress to persons who suffer human rights violations, such as torture and war crimes, the Special Rapporteur requests that the government allow the plaintiffs to travel to the U.S., so that their claims are not prematurely dismissed, or at the very least, inform the plaintiffs’ attorneys why their clients have been denied entry so that they may contest the decision. (d) AL 03/06/2013 Case No. USA 5/2013 State reply: None to date Allegations of torture and ill-treatment of Mr. Shawki Ahmad Sharif Omar by US officials in Iraq. 170. The Special Rapporteur regrets that the Government of the United States of America 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 torture and ill-treatment of Mr. Omar by US officials in Iraq while being detained in US-controlled facilities at an unknown place two weeks after arrest, and later in Camp Cropper, the US army base Camp Bucca close to Umm Qasr in the south of Iraq, and Abu Ghraib Prison between October 2004 and July 2011. Mr. Omar was born in Kuwait and has dual Jordanian and US citizenship. Reportedly, Mr. Omar was arrested with his then pregnant wife by US soldiers in Baghdad in Al Zayouna district. Mr. Omar was reportedly handed over to Iraqi authorities in July 2011. Upon arrest, Mr. Omar was allegedly held incommunicado for two weeks and during interrogation sessions repeatedly tortured by means, inter alia, of electric shocks and simulations of drowning. He was beaten in front of his wife and the US security personnel threatened to rape his wife in front of him. According to information received, Mr. Omar’s wife was released after two weeks. Reportedly, while still in US-controlled facilities, Mr. Omar was sentenced to 15 years imprisonment for illegal entry to Iraq 125