A/HRC/28/68/Add.1 196. The Special Rapporteur regrets that the Government of India 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). 197. In the absence of 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 India, by failing to prevent violence on the part of Border Security Forces, and protect the physical and psychological integrity of Mr. A, Mr. Mondal Chhanarul, Mr. Sardar Majim, Mr. Molla Boltu, Mr. Mondal Rajan, Mr. Golam Mostafa, Mr. Islam Sariful, Mr. Jiyad Ali Gazi, Ms. Kunuwara Bibi, Ms. Sujar Bibi and Ms. Talisma Bibi, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. 198. The Special Rapporteur urges the Government of India to break the cycle of impunity for acts of this nature by its security forces, by complying with its international obligation to investigate, prosecute and punish every act of torture or ill-treatment. (b) JAL 10/01/2014 Case No. IND 1/2014 State Reply: 17/01/2014 Allegations concerning the death in custody of Mr. A, aged 24, citizen of India, resident of B village, Jhunjhunu district, Rajasthan, India. 199. The Special Rapporteur thanks the Government of India for its reply, dated 10.01.2014, to the present communication. 200. The Special Rapporteur regrets that the Government of India has not provided any substantive reply 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). 201. In the absence of 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 India failed to investigate the claim of torture in detention resulting on the death of the victim, and statements made under torture against him. India thereby has failed to protect individuals held in custody from torture and mistreatment, and by refusing Mr. A access to his family and his lawyer, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. (c) JAL 01/07/2014 Case No. IND 4/2014 State Reply: None to date Allegations of gang-rape and murder of Ms. X and Ms. Y, two teenage Maurva girls in the village of Saadatgani (Badaun District of Uttar Pradesh). 202. The Special Rapporteur regrets that the Government of India 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). 203. In the absence of 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 India, by failing to investigate the alleged kidnappings, rapes, and murders of Ms. X and Ms. Y because they were of a lower caste, has violated their 34