A/HRC/28/68/Add.1
(b)
JAL 05/06/2014 Case No. CYP 3/2014 State Reply: 05/08/2014 Allegations of acts of
intimidation and reprisals for cooperation with the UN, its mechanisms and
representatives in the field of human rights in the form of the temporary arrest and
ill-treatment of Mr. Doros Polykarpou.
130. The Special Rapporteur thanks the Government of Cyprus for its reply, dated
05.08.2014, to the present communication.
131. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns raised in the initial communication about the allegations of acts of
intimidation and reprisals against Mr. Doros Polykarpou for having cooperated with UN
Committee Against Torture (UNCAT), which resulted in his temporary arrest and illtreatment.
132. The Rapporteur takes note of the information provided by the Government about the
number of warrants issued against Mr. Polykarpou and their transmission to him both in
writing and orally; about the subsequent procedure of payment of two of the three fines;
about who has the authority to issue the warrants and who can execute them; about the fact
that he was warned orally that if he failed to pay the fine the warrant would be executed
during his visit to Mennogeia Detention Center; about the fact that he was allowed to call
his wife who is also a lawyer and about the fact that water was offered while in prison.
Notwithstanding, the Rapporteur wants to remind the government that Rule 8 b) of the
Standard Minimum Rules for the Treatment of Prisoners affirms that untried prisoners shall
be kept separate from convicted persons. In the case at hand, Mr. Polykarpou affirms being
placed in the same wing as the convicted persons while in Central Prison in Nicosia and the
Government's reply does not address this serious allegation.
133. Considering the present scenario, the Rapporteur asks for information regarding any
investigation that has been conducted related to the allegations of having been handcuffed
throughout his imprisonment and having been denied access to a legal representative.
Taking into account the delicate situation of human rights defenders and the seriousness of
the allegation of reprisal for accessing the UN system of human rights protection, the
Special Rapporteur asks the government to present the letters informing Mr. Polykarpou of
the pending warrants or any records that can account for that information being transmitted
to him.
Democratic People's Republic of Korea
JUA 17/12/2013 Case No. PRK 1/2013 State Reply: None to date Allegations concerning
the cases of Mr. Jang Sung-Taek, who was reportedly executed on 12 December 2013
and the executions of Mr. Jang-Lee Yong-ha and Mr. Jang Soo-kee.
134. The Special Rapporteur regrets that the Government of Democratic People's Republic
of Korea 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).
135. As observed by the Special Rapporteur in his 2012-report to the General Assembly
(A/67/279), there is evidence of an evolving standard within international bodies and a
robust State practice to frame the debate about the legality of the death penalty within the
context of the fundamental concepts of human dignity and the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment. This evolving standard, along
with the resulting illegality of the death penalty under such prohibition, is developing into a
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