A/HRC/25/60/Add.2 remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment,” and to paragraph 6 b and e of Human Rights Council Resolution 8/8 adopted in June 2008, which urges States “to take persistent, determined and effective measures to have all allegations of torture or other cruel, inhuman or degrading treatment or punishment promptly and impartially examined by the competent national authority, to hold persons who encourage, order, tolerate or perpetrate acts of torture responsible, to have them brought to justice and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have been committed […]” In the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. Yung have been violated, and calls on the Government to undertake all necessary measures to protect the right to physical and mental integrity of Mr. Yung, to exclude any evidence obtained under torture from the judicial proceedings against him, to hold those responsible for his ill-treatment accountable and to provide full redress to the victim, including fair and adequate compensation and as full rehabilitation as possible. The Special also encourages the Government of Myanmar to continue its engagement with the mandate. (f) JUA 22/07/2013 Case No. MMR 12/2013 State reply: 29/10/2013 Alleged torture and death of detainee in custody by police officers. 110. The Special Rapporteur thanks the Government of Myanmar for its reply, dated 29 October 2013, to this communication in reference to the alleged torture and subsequent death of Mr. U Than Htun by police officers of the Pandaung Township Police Station, Pyay District, Bago Region, Myanmar. According to the allegations, Mr. U Than Htun’s body showed clear signs of beating and torture by police officers. It is also alleged that the police refused to hand over Mr. Than Htun’s body and clothes to his family. The Government alleges that Mr. Than Htun died as a result of self-inflicted injuries suffered while in custody. According to the Government, a regional court is currently reviewing the complaint lodged by Mr. Than Htun’s family. The Government also claims that the police conducted an investigation of the incident and determined that Mr. Than Htun’s selfinflicted injuries were exacerbated by the fact that police officers waited to take him to the hospital. The police have taken internal disciplinary measures against the implicated officers. The Special Rapporteur draws attention to paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation… and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Additionally paragraph 7(b) of Human Rights Council Resolution 16/23, urges States to hold responsible not only those who perpetrate torture, but also those “who encourage, order, tolerate or perpetrate such acts [...], to have them brought to justice and punished in a manner commensurate with the gravity of the offence, including the officials in charge of the place of detention where the prohibited act is found to have been committed.” The Special Rapporteur also reiterates that article 3 of the Universal Declaration of Human Rights stipulates that “everyone has the right to life, liberty and security of person,” and that Article 6 of the Code of Conduct for Law Enforcement Officials, provides that “Law enforcement officials shall ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required”. The Special Rapporteur calls on the Government to undertake thorough and independent criminal investigations into the alleged incident, leading to the prosecution and punishment of all perpetrators, provide full redress to the victim’s family and undertake effective measures to prevent the recurrences of these acts. The Special Rapporteur calls on the Government to provide an update on the results of the investigations and proceedings. 81