A/HRC/28/68/Add.1
by the Human Rights Council in 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).
426. In the absence of information to the contrary, the Rapporteur concludes that the
allegations presented in the initial communication are substantially proven; by failing to
take all the necessary measures to guarantee the rights and freedoms of migrants and
asylum seekers, the Government of Papua New Guinea, 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.
(b)
JUA 19/06/2014 Case No. PNG 3/2014 State Reply: None to date. Allegations of attacks
and threats against Mr. X and his family who have been accused of acts of sorcery.
427. The Special Rapporteur regrets that the Government of Papua New Guinea 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).
428. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, that the Commander of
the Kundiawa Police Station, the local police, and others have threatened and attacked Mr.
X and his family, assaulted Mr. X’s wife, and unlawfully detained other family members.
Thus, the Rapporteur concludes that that the Government of Papua New Guinea, by failing
to protect Mr. X and his family from physical and psychological wellbeing has violated
their right to be free from torture or cruel, inhuman or degrading treatment, as provided for
in articles 1 and 16 of the CAT.
(c)
JUA 17/11/2014 Case No. PNG 4/2014 State Reply: None to date. Allegations of acts of
intimidation and ill-treatment of two asylum-seekers.
429. The Special Rapporteur regrets that the Government of Papua New Guinea 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).
430. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, that asylum-seekers in
the Manus Regional Processing Centre have experienced regular threats and intimidation as
well as violent attacks, and that two asylum seekers were further subjected to threats and
physical ill-treatment for having reported the violent attack.
Thus, the Rapporteur
concludes that the Government of Papua New Guinea, by failing to protect two asylum
seekers who were subjected to intimidation and ill-treatment, has violated their right to be
free from torture or cruel, inhuman or degrading treatment, as provided for in articles 1 and
16 of the CAT.
Philippines
(a)
JAL 16/09/2014 Case No. PHL 4/2014 State Reply: None to date. Allegations of reforms
to the Penal Code which do not appear in compliance with international human rights
law and standards.
73
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