A/HRC/31/57/Add.1
586. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via the
link above, and is therefore of the view that the Government of Ukraine, by failing to
protect the physical and psychological integrity of the aforementioned persons, has violated
their rights to be free from torture or cruel, inhuman or degrading treatment, as provided by
articles 1, 2, 15, and 16 of the Convention against Torture.
587. The Special Rapporteur reminds the Government of its obligations to prevent,
investigate and punish all acts of torture and ill treatment under Articles 1, 2, and 16 of the
Convention Against Torture (CAT).
588. The Special Rapporteur further calls on the Government of Ukraine to undertake a
systematic review of its interrogation rules, instructions, methods and practices, as well as
its arrangements for the custody and treatment of individuals subject to arrest, detention or
imprisonment so as to prevent future cases of torture, per articles 2 and 11 of CAT,. The
Special Rapporteur expects to be kept fully informed of the outcome of the investigation
and proceedings in this case.
United Arab Emirates
(a)
JUA 22/12/2014 Case No. ARE 7/2014 State reply: 20/01/2015 Allegation of arbitrary
arrest, incommunicado detention, and enforced disappearance of Mr. Amer Alshava,
a Turkish national of Palestinian origin, by the United Arab Emirates State Security
Agency.
589. The Special Rapporteur thanks the Government of the United Arab Emirates (UAE)
for its reply, dated 20 January 2015, to the present communication.
590. The Rapporteur takes note of the information provided by the Government that Mr.
Alshava was arrested due to his alleged involvement with the Muslim Brotherhood, which
the Government of the UAE lists as a terrorist organization, and charged with financing
terrorism. In spite of the information supplied by the Government, the Rapporteur finds that
the Government, in its reply, does not sufficiently address the concerns, legal obligations,
and questions raised in the initial communication, which prompts him 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.
591. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above, and is therefore of the view that the Government of the UAE, by subjecting Mr.
Alshava to incommunicado 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.
(b)
JUA 20/02/2015 Case No. ARE 1/2015 State reply: 03/03/2015 Allegations concerning
the arbitrary arrest, incommunicado detention, and enforced disappearances of three
sisters, Ms. Asma Khalifa al-Suwaidi, Ms. Meriem Khalifa al-Suwaidi and Ms.
AlYazyeh Khalifa al-Suwaidi by the United Arab Emirates State Security forces in
Abu Dhabi.
592. The Special Rapporteur thanks the Government of the United Arab Emirates (UAE)
for its reply dated 3 March 2015, to the present communication.
593. The Rapporteur takes note of the information provided by the Government that Ms.
Asma Khalifa al-Suwaidi, Ms. Meriem Khalifa al-Suwaidi and Ms. AlYazyeh Khalifa alSuwaidi have been arrested on charges of being members of an organization which the
Government of the UAE lists as a terrorist organization and that they were able to appoint a
lawyer for their defence.
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