A/HRC/22/53/Add.4
perpetrators, and to provide redress to the victims. Further, the Special Rapporteur urges the
Government to ensure that no evidence obtained by torture is used in criminal proceedings
and to end the practice of incommunicado detention.
Ethiopia
(a)
JUA 16/03/2012 Case No. ETH 1/2012 State reply: None to date Alleged ill-treatment of
opposition leader by prison inmates allegedly at the instigation of prison authorities.
39. The Special Rapporteur regrets that the Government of Ethiopia has not responded to
this communication, thereby withholding cooperation with the mandate established by the
Human Rights Council. The communication referred to reported beatings against Mr.
Andualem Aragie, an opposition leader from the UDJ party, committed by fellow prisoners at
the instigation of prison authorities. The Special Rapporteur reiterates that article 12 of the
Convention against Torture requires the competent authorities to undertake a prompt and
impartial investigation wherever there are reasonable grounds to believe that torture has been
committed, and article 7 of the same Convention requires State parties to prosecute suspected
perpetrators of torture, their accomplices and instigators. Without any evidence to the
contrary, the Special Rapporteur determines that the rights of Mr. Andualem Aragie under the
UN Convention against Torture have been violated, and calls on the Government to ensure a
prompt, independent and impartial investigation, leading to prosecution and punishment of
all those responsible, and to provide redress to the victims, including fair and adequate
compensation, and as full rehabilitation as possible.
(b)
JUA 19/12/2011 Case No. ETH 7/2011 State reply: None to date Terrorism-related
charges, alleged detention and torture
40. The Special Rapporteur regrets that the Government of Ethiopia has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged torture of Mr. Nathnael
Mekonnen Gebrekidan, and the risk of torture other persons detained under similar
circumstances may face. The Special Rapporteur reiterates paragraph 1 of the Human Rights
Council Resolution 16/23 which “Condemns all forms of torture and other cruel, inhuman or
degrading treatment or punishment, including through intimidation, which are and shall
remain prohibited at any time and in any place whatsoever and can thus never be justified,
and calls upon all States to implement fully the absolute and non-derogable prohibition of
torture and other cruel, inhuman or degrading treatment or punishment.” Without any
evidence to the contrary, the Special Rapporteur determines that the rights under the UN
Convention against Torture of Mr. Nathnael Mekonnen and other detainees have been
violated, and calls on the Government to investigate, prosecute, and punish all cases of
torture, providing full redress to the victims, including fair and adequate compensation, and
as full rehabilitation as possible.
France
(a)
JUA 10/02/2012 Case No. FRA 1/2012 State reply: 08/05/2012 Allégation d‟un risqué
crédible d‟extradition et de risqué de torture ou de mauvais traitement.
41. Le Rapporteur spécial remercie le Gouvernement de la France de sa réponse à la
communication envoyée le 8 mai 2012 concernant l‟allégation de à la communication
envoyée le 10 février 2012 concernant la situation de M. Mourad Dhina, ressortissant
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