A/HRC/31/57/Add.1
substance in the allegations presented in the initial communication, available via the link
above, and thus, that the Government of Azerbaijan, by failing to protect the physical and
psychological integrity of Ms. Yunus violated her right to be free from torture or cruel,
inhuman or degrading treatment, as provided by articles 1 and 16 of the Convention against
Torture (CAT).
36.
The Special Rapporteur reminds the State of Azerbaijan that the Committee against
Torture and the Human Rights Committee have consistently found that conditions of
detention can amount to cruel, inhuman and degrading treatment.
(b) JAL 29/05/2015 Case No. AZE 2/2015 State Reply: 11/09/2015 Allegations concerning the
pre-trial detention, charges and sentencing of human rights defenders Mr. Intigam
Aliyev, Mr. Emin Huseynov, Ms. Khadija Ismail, and Mr. Rasul Jafarov.
37.
The Special Rapporteur thanks the Government of the Azerbaijan for its reply, dated
11 September 2015, to the present communication. The Rapporteur takes note of the
information provided that health care is being granted to Mr. Intigam Aliyev and that his
current state of health is satisfactory.
38.
The Special Rapporteur would like to remind the State of the absolute and nonderogable prohibition of torture and other ill-treatment as codified in articles 2 and 16 of the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), and draws the attention of the Government to the UN Standard
Minimum Rules for the Treatment of Prisoners (reviewed on 5 November 2015 and
renamed the “Mandela Rules”) and in particular Rule 27(1), which provides that all prisons
shall ensure prompt access to medical attention in urgent cases. Prisoners who require
specialized treatment or surgery shall be transferred to specialized institutions or to civil
hospitals. Where a prison service has its own hospital facilities, they shall be adequately
staffed and equipped to provide prisoners referred to them with appropriate treatment and
care.
39.
The Special Rapporteur reminds the State of Azerbaijan that the Committee against
Torture and the Human Rights Committee have consistently found that conditions of
detention can amount to inhuman and degrading treatment. The Special Rapporteur also
encourages the Government to continue its engagement with the mandate.
Bahamas
JAL 24/03/2015 Case No. BHS 1/2015 State Reply: None to date Allegations concerning
recent immigration reform in the Bahamas and the subsequent alleged detention and
deportation of persons living in the Bahamas of Haitian origin.
40. The Special Rapporteur regrets that the Government of Bahamas 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. In particular, the letter expressed concern
about the recent immigration reform in the Bahamas the implementation of which has had a
discriminatory impact on people of Haitian origin and descent.
41. The Special Rapporteur reminds the State of the Bahamas of the general obligations
regarding the treatment of prisoners while in detention facilities, in particular the Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
adopted by the General Assembly on 9 December 1988 (adopted by General Assembly
resolution 43/173 of 9 December 1988) and UN Standard Minimum Rules for the
Treatment of Prisoners (reviewed on November 5, 2015 and renamed the “Mandela
Rules”). Furthermore it is important to mention that the Committee against Torture and the
Human Rights Committee have consistently found that conditions of detention can amount
to inhuman and degrading treatment.
12
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