A/HRC/22/53/Add.4
those involved in the arrest and interrogation, nor has compensation been paid to Mr.
Wad‟ani and his family. Regrettably, however, the Government did not mention the cases of
the 24 other individuals who, according to the allegations, were arbitrarily arrested for their
involvement in anti-government protests. In connection with the alleged mistreatment of Mr.
Wad‟ami, the Special Rapporteur wishes to remind the government international standards
require the State to investigate ex officio and without relying on the victim‟s initiative to
complain, whenever there is reason to believe that torture has occurred. For that reason, he
urges the government to conduct a prompt, independent and impartial inquiry into the matter
and to remain engaged with the mandate.
South Africa
(a)
JAL 16/09/2011 Case No. ZAF 2/2011 State reply: 19/10/2011, 31/01/2012, 29/02/2012
Alleged rape of sex worker by police while in detention.
177. The Special Rapporteur thanks the Government of South Africa for its response to this
communication in reference to the alleged arbitrary arrest and rape of a sex worker by police
officers. In its reply, the Government of South Africa states that there is no evidence that the
alleged rape took place, and further notes that many past allegations of sex worker abuse
have been vague and unfounded. The Government also notes that in some instances, courts
have taken legal action against members of the police force and that statutes dealing with
domestic violence, abuse, and torture are currently in place, or are being discussed. The
Special Rapporteur, however, regrets that no further information has been provided by the
Government in relation to the allegations of sexual abuse. The Special Rapporteur refers to
his report to the Human Rights Council (A/HRC/7/3, para. 69), in which he stressed that
“rape and other serious acts of sexual violence by officials in contexts of detention or control
not only amount to torture or ill-treatment, but also constitute a particular egregious form of
it, due to the stigmatization they carry.” The Special Rapporteur also would like to draw the
attention of the Government to article 4 (c) and 4(d) of the United Nations Declaration on the
Elimination of Violence against Women, which notes the responsibility of states to exercise
due diligence to prevent, investigate and punish acts of violence against women, as well as
articles 7 and 12 of the UN Convention against Torture, which require states to conduct
prompt and impartial investigations wherever there are reasonable grounds to believe that
torture has been committed, and to prosecute suspected perpetrators of torture. The Special
Rapporteur determines that insufficient evidence has been provided in order to determine
whether the State has acted in conformity with its obligations under international law. The
Special Rapporteur urges the Government to provide more detailed information on the
investigations that have been carried out, and to prosecute and punish the perpetrators of the
alleged torture, and to provide redress to all victims.
United States of America
(h)
JUA 19/08/2011 Case No. USA 15/2011 State reply: 02/04/2012 Alleged torture and illtreatment in immigration facilities.
178. The Special Rapporteur thanks the Government of the United States of America for its
response to this communication in reference to allegations of torture and ill-treatment in
immigration facilities. According to the information received, 16 gay and transgender
individuals have allegedly been subjected to solitary confinement, torture and ill-treatment,
including sexual assault, while in detention in U.S. immigration facilities. Furthermore, there
was reportedly a lack of protection from persecution and respect for the principle of non-
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