A/HRC/22/53/Add.4 during a fourteen-day detention. Furthermore, he was denied regular meals, providing only eight meals during the entire detention. The Special Rapporteur expresses concern regarding Mr. Souvanh‟s current hospitalization due to the injuries sustained during his detention. In its reply, the Government denies the allegations regarding Mr. Souvanh‟s arrest, detention, and torture. The Government supports this claim citing an investigation taken on the allegations and further suggests that such allegations are aimed at discrediting the image of the Government. The Special Rapporteur notes the insufficiency of the information provided relating to the specific investigation, and further asserts that all investigations must be conducted in an impartial and independent manner. In this context, the Special Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23 “[c]ondemns 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.” If, at the conclusion of a thorough investigation, the Government finds that the rights of Mr. Souvanh have been violated, the Special Rapporteur calls on the Government of the Lao People‟s Democratic Republic to ensure that he obtains redress, including fair and adequate compensation, and as full rehabilitation as possible. The Special Rapporteur encourages the Government to continue its engagement with the mandate. Lebanon (a) JAL 02/04/2012 Case No. LBN 2/2012 State reply: 30/05/2012, 06/06/2012 Allegations of repeated physical and sexual abuse of an Ethiopian domestic worker, leading to suicide. 84. The Special Rapporteur thanks the Government of Lebanon for its reply to this communication dated 2 April 2012 regarding the alleged beating of a domestic worker, who was reportedly trafficked to the country, abused by her employer, and subsequently detained, ultimately leading to a transfer to a psychiatric hospital. The Special Rapporteur expresses grave concern regarding the alleged beating and suicide in the psychiatric hospital in light of the circumstances prior to her arrival in the hospital. In its reply, the Government reported that the illegal recruitment office had been closed and the Government was conducting an investigation regarding the allegations, subsequently charging one person for his role in allegedly beating of the domestic worker and in trafficking her to the country. In this context, the Special Rapporteur reiterates paragraph 18 of the General Comment No. 2 of the Committee against Torture, where the Committee has made clear that “where State authorities or others acting in official capacity or under color of law, know or have reasonable grounds to believe that acts of torture or ill- treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with this Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non- State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or defacto permission The Committee has applied this principle to States parties‟ failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation and trafficking.” The Special Rapporteur calls on the Government of Lebanon to ensure that any alleged acts of torture are prosecuted and the punishment of the perpetrators. The Special Rapporteur encourages the Government to continue its engagement with the mandate. 47

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