A/HRC/28/68/Add.1
586. In the absence of convincing 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 United Arab Emirates, by failing to protect the
physical and psychological integrity of Mr. al-Jaidah and investigate his enforced
disappearance and secret detention, has acted in discordance with article 12 of the CAT,
and violated his right to be free from torture or cruel, inhuman or degrading treatment, as
provided by articles 1 and 16 of the CAT.
(d)
JUA 08/10/2014 Case No. ARE 5/2014 State Reply: 04/11/2014 Allegations of arbitrary
arrest, incommunicado detention and enforced disappearance of two Qatari nationals,
Mr. Yousef Abdu al-Ghani Ali al-Mullah ( ) ال م ال ع لي ال غ ني ع بد ي و سفand Mr.
Hamed Ali Mohamed al-Hamaadi ( ) ال حمادي محمد ع لي حمدby United Arab Emirates
(UAE) police.
587. The Special Rapporteur thanks the Government of the United Arab Emirates for its
reply, dated 04.11.2014, to the present communication.
588. The Rapporteur takes note of the one-month extension requested by the Government
to complete an investigation.
589. The Special Rapporteur notes that since the date of the Government’s request for an
extension, the Government has not issued any further communications to the
Rapporteurship, thus failing to cooperate fully and expeditiously with the mandate issued
by the Human Rights Council in Resolution 25/13. In the absence of information, the
Rapporteur concludes that there is substance in the allegations presented in the initial
communication that Mr. al-Mullah and Mr. al-Hamaadi have been arbitrarily arrested and
have been in incommunicado detention and are victims of enforced disappearance. Thus,
the Special Rapporteur concludes that the Government of the United Arab Emirates by
failing to protect the physical and psychological integrity of Mr. al-Mullah and Mr. alHamaadi, has violated their to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT.
United Kingdom of Great Britain and Northern Ireland
(a)
JUA 21/05/2014 Case No. GBR 2/2014 State Reply: 10/07/2014 Allegations of imminent
deportation of Mr. A to Bahrain.
590. The Special Rapporteur thanks the Government of the United Kingdom of Great
Britain and Northern Ireland for its reply, dated 10.07.2014, to the present communication.
591. The Rapporteur takes note of the information provided by the Government that Mr. A
has not been extradited to Bahrain as of the date of the reply, although the note does not
provide any information as to the status of judicial proceedings regarding this case.
592. The Rapporteur finds that the Government, in its reply, does not sufficiently address
the concerns raised in the initial communication, specifically with regards to the refusal to
grant Mr. A asylum although he has been detained and tortured three times in Bahrain and
sentenced in absentia for promoting “illegal gatherings.” The reply provides no assurance
that Mr. A will not be deported to Bahrain in the future. This insufficient reply prompts the
Rapporteur 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).
97
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