A/HRC/25/60/Add.2
I.
Introduction
1.
The present document is submitted by the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, to the Human
Rights Council, pursuant to its resolution 16/23.
2.
In the present addendum, the Special Rapporteur provides observations, where
considered appropriate, on communications sent to States between 1 December 2011 and
30 November 2012 , as well as on responses received from States in relation to these
communications until 31 January 2013. Communications sent and responses received
during the reporting period are accessible electronically through hyperlinks.
3.
The Special Rapporteur acknowledges the receipt of additional responses from
States through to 31 January 2013 in relation to the joint study on global practices in
relation to secret detention in the context of countering terrorism (A/HRC/13/42). The
current report does not comment on the substance of responses received so far to the joint
study on secret detention. Subject to agreement with the other mandate-holders responsible
for that joint report, and after more responses are received, a special report on those
contributions will be issued.
4.
The Special Rapporteur is grateful to all States which have transmitted responses to
communications sent. He considers response to his communications an important part of
cooperation by States with his mandate. In this context, the Special Rapporteur recalls
paragraph 6(a) of the Human Rights Council resolution 16/23 which urges States to
“cooperate with and assist the Special Rapporteur in the performance of his or her task, to
supply all necessary information requested by him or her and to fully and expeditiously
respond to his or her urgent appeals, and urges those Governments that have not yet
responded to communications transmitted to them by the Special Rapporteur to answer
without further delay.”
5.
The communications and the relevant replies can also be accessed via the
encorporated links or in the communications reports of Special Procedures A/HRC/23/51
(communications sent, 1 December 2012 to 28 February 2013; replies received, 1 February
2012 to 30 April 2012); A/HRC/24/21 (communications sent, 1 March to 31 May 2013;
replies received, 1 May to 31 July 2013) and A/HRC/25/74 (communications sent, 1 June
to 30 November 2013; replies received, 1 August 2013 to 31 January 2014).
II.
Observations by the Special Rapporteur
Afghanistan
(a)
JAL 29/11/2013 Case No. AFG 1/2013 State Reply: None to Date Alleged unlawful
killings and abuse by US military in Nerkh District, Wardak Province, Afghanistan.
6.
The Special Rapporteur regrets that the Government of Afghanistan has not
responded to this communication, thereby failing to cooperate with the mandate issued by
the Human Rights Council. According to allegations, at least 19 Afghan men were
unlawfully killed by the US Army, 1st Battalion, 3rd Special Forces Group, known as
Operation Detachment Alpha (ODA) 3124, in the Nerkh District of Wardak Province,
Afghanistan in late 2012 and early 2013. Many of those killed were allegedly taken into
custody by ODA 3124 and were later found dead. It is also alleged that several detainees
held by ODA 3124 were mistreated, harassed and beaten while in custody. Investigations
5