A/HRC/28/68/Add.1
82. He takes note of the information provided by the Government that the investigations
of the alleged threats and attacks against Ms. A and her family are still ongoing.
83. Notwithstanding, there is an absence of sufficient information regarding the
involvement of the police and the obligation of the State to ensure that the police respect
the rights of Ms. A.
84.
In accordance with the CAT, every state has the responsibility to conduct prompt
investigations into allegations of torture or cruel, inhuman or degrading treatment. Given
that there has been no updated information since the Government's reply the Rapporteur is
unable to conclude whether the State has lived up to its obligation to ensure that police
respect Ms. A’s rights, and to provide full redress to her for the ill treatment alleged. The
Rapporteur expects to be kept fully informed of the outcome of the ongoing proceedings
Brunei Darussalam
JOL 25/09/2014 Case No. BRN 1/2014 State Reply: 13/11/2014 Allegations concerning
an Order relating to laws in respect of sharia crimes and any matter connected
therewith, which is cited as the Syariah [sharia] Penal Code Order, 2013 (SPC).
85. The Special Rapporteur takes note of the information provided by the Government
that more information would be provided to the Rapporteur as soon as possible.
86. The Rapporteur finds that the Government, in its reply, does not sufficiently address
the concerns, legal obligations, and questions raised in the initial communication, which
prompts him to infer that the Government fails to fully and expeditiously cooperate with the
mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply
with its obligation, under international customary law, to investigate, prosecute and punish
all acts of torture and other cruel, inhuman or degrading treatment or punishment, as
codified, inter alia, in the Convention against Torture (CAT). The last communication from
the Government was on 13 November 2014, and the information requested has still not
been provided to the Special Rapporteur.
87. In the absence of sufficient information to the contrary, the Rapporteur concludes
that there is substance in the allegations presented in the initial communication, reiterated
above, and thus, that the Government of Brunei Darussalam, by intending to enact an order
that allows for mandatory death penalty for offenses that do not reach the threshold of
‘serious crime,’ the use of corporal punishment, discrimination against women, and the
restriction of freedom of religion and expression, violates the right of persons to be free
from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of
the CAT.
Cambodia
JUA 28/02/2014 Case No. KHM 2/2014 State Reply: None to date Allegations of
indiscriminate and excessive use of force against protestors, including peaceful ones,
leading to the death of at least four people and several injured, as well as the arbitrary
arrests, and incommunicado detention of 23 individuals in early January 2014.
88. The Special Rapporteur regrets that the Government of Cambodia has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
16
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