A/HRC/28/68/Add.1
522. 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 Syria, by failing to protect the physical and psychological
integrity of Mr. Refai, and by denying him access to medical treatment, which led to his
death in detention, 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.
(e)
JUA 21/11/2014 Case No. SYR 8/2014 State Reply: None to date Allegations of arbitrary
arrest and incommunicado detention of Mr. Jdea Abdullah Nawfal and Mr. Omar Al
Shaar.
523. The Special Rapporteur regrets that the Government of Syria 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).
524. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations that Mr. Nawfal and Mr. Shaar have been arbitrarily detained
and remain in incommunicado detention without access to a lawyer or medical care. The
Government of Syria fails to protect their physical and psychological integrity and violates
their right to be free from torture or cruel, inhuman or degrading treatment, as provided by
articles 1 and 16 of the CAT.
Tajikistan
(a)
JAL 31/01/2014 Case No. TJK 1/2014 State Reply: 29/04/2014 Allegations concerning
the circumstances of the death of Mr. Umed Tojiev.
525. The Special Rapporteur thanks the Government of Tajikistan for its reply, dated
29.04.2014, to the present communication.
526. The Rapporteur takes note of the information provided by the Government that an
investigation into the death of Mr. Tojiev was conducted and that a criminal case against
the perpetrator is still ongoing.
527. The Rapporteur however finds that the Government’s reply does not sufficiently
address the concerns raised in the initial communication, and for that reason the
Government does not fully and expeditiously cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13, nor does it 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).
528. In the absence of substantial information to the contrary, the Rapporteur concludes
that Mr. Umed Tojiev died as a result of injuries sustained jumping from a window in
police headquarters in a desperate attempt to escape very serious and cruel torture inflicted
on him to force him to incriminate himself. Tajikistan is internationally responsible for his
extreme torture and for failing to protect his physical and mental integrity while in
detention, resulting in his death.
(b)
88
JAL 02/06/2014 Case No. TJK 3/2014 State Reply: 27/08/2014 Allegations concerning
events surrounding the death and alleged torture of Mr. Hamza Ikromzoda at
Dushanbe’s penal colony No. 1; the subsequent trial of a prison warden in connection
with Mr. Ikromzoda’s death; and the alleged subsequent retaliation, torture, trial and
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