A/HRC/25/60/Add.2 detention in secret places can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in themselves constitute a form of such treatment,” and “urges all States to respect the safeguards concerning the liberty, security and the dignity of the person and to ensure that secret places of detention and interrogation are abolished.” The Special Rapporteur reminds the government of Iraq of article 15 of the CAT and paragraph 7c of Human Rights Council Resolution 16/23, which provide that any statement extracted through torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. The Special Rapporteur calls on the Government to undertake a prompt and independent investigation of the alleged torture and ill-treatment of Mr Shawki Ahmad Sharif Omar, leading to prosecution and punishment of the perpetrators and to provide full redress to the victim. (b) UA 11/09/2013 Case No. IRQ 4/2013 State Reply: 11/11/2013 Alleged violent attack against the residents of Camp Ashraf. 75. The Special Rapporteur thanks the Government of Iraq for its reply dated 11 November 2013, to an urgent appeal regarding reports of an attack on the residents of Camp Ashraf. According to the information received, on 1 September 2013, the residents of the Camp Ashraf were subjected to a violent attack. While the facts were still being established, there were allegations that the attack might have been perpetrated by the Iraqi security forces. Reportedly, 52 individuals were killed during the attack and others were injured. It is alleged that the persons killed did not manifest any signs of aggression. In addition, seven residents of the camp, namely Ms. Mahnaz Azizi, Ms. Vajihe Karbalaey, Ms. Fatehma Sakhie, Ms. Fatemeh Tahoori, Ms. Lila Nabahat, Ms. Zahra Ramezany, and Mr. Mohammad Ratebi, were reportedly abducted during the attack. It is alleged that they were held by the Iraqi security forces and at the time of the allegation, were at risk of imminent extradition to the Islamic Republic of Iran. Forty-two residents who remained in Camp Ashraf were allegedly threatened with a new attack. In light of these allegations, the Special Rapporteur stressed the Government’s obligation under Article 3 and 6(1) of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) ratified by Iraq on 25 January 1971. These provisions guarantee the right of every individual to life and security and provide that these rights shall be protected by law and that no one shall be arbitrarily deprived of his life. Additionally, the Special Rapporteur noted principle 9 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, (resolution 1989/65 Economic and Social Council) which underlines that “there shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances (…)” Lastly, the allegation that those abducted were at risk of return to the Islamic Republic of Iran elicits concern that the Government could be at risk of violating its obligations of non-refoulement as expressed in paragraph 16 of Resolution A/RES/65/205 of the UN General Assembly, which urges States “not to expel, return (“refouler”), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture, and recognizes that diplomatic assurances, where used, do not release States from their obligations under international human rights, humanitarian and refugee law, in particular the principle of non-refoulement.” The Special Rapporteur acknowledges the Government’s substantive response to these allegations in which they detailed the temporary nature of Camp Ashraf and the need to move the residents to another camp. The Government alleged that camp residents were uncooperative and hostile to security forces ostensibly sent there to protect them. While there is evidence of violent conflict, the Special Rapporteur welcomes ongoing investigations conducted by UNAMI, the judiciary, and the Iraqi Interior Ministry to determine what transpired. It is urged that 54

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