A/HRC/22/53/Add.4 (b) UA 09/10/2012 Case No. LBN 3/2012 State reply: None to date Alleged forcible return to the Syrian Arab Republic and imminent risk of torture and till-treatment 85. The Special Rapporteur regrets that the Government of Lebanon has not responded to this communication dated 9 October 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged immediate risk of extradition and torture faced by Mr. Maher Shawki Ahmed, a Syrian national residing in Lebanon. The Special Rapporteur stresses the Government‟s obligation to protect the right to physical and mental integrity of all persons, set forth inter alia in the UDHR, the ICCPR and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). In this context, the Special Rapporteur reminds the Government of paragraph 1 of 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.” The Special Rapporteur reiterates that article 3 of the Convention against Torture holds that no State party shall expel, return (“refouler”), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. The Special Rapporteur also draws the attention of the Government to paragraph 9 of General Commend No. 20 of the Human Rights Committee states that State parties must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement. The Special Rapporteur additionally reminds the Government of paragraph 7d of Human Rights Council Resolution 16/23 and to paragraph 16 of the Resolution A/RES/65/205 of the UN General Assembly, which urge States “not to expel, return, or extradite or in any other way transfer a person to another State where there are substantial grounds for believing that ht person would be in danger of being subjected to torture. The Special Rapporteur calls on the Government to ensure a thorough and fair assessment to ascertain whether Mr. Ahmed is at risk of being tortured or other cruel, inhuman or degrading treatment or punishment, and urges the Government to take all necessary measures to safeguard his rights and freedoms in compliance with the relevant international instruments. Libya (a) JUA 05/09/2012 Case No. LBY 2/2012 State reply: 07/09/2012 Alleged intimidation and excessive use of force against protesters 86. The Special Rapporteur thanks the Government of Libya for its response, dated 7 September 2012, to the joint urgent appeal regarding the excessive use of force against peaceful protestors in the context of acts of desecration of graves and other monuments of the Sufi cultural heritage. The appeal also inquired about the subsequent ill-treatment and beatings imposed on protestors against the desecration, who were arbitrarily detained, including an Imam, Mr. Ashraf Jerbi. The Special Rapporteur appreciates the determination of the Lybian government, as expressed in its response, not to tolerate expression of religious hatred and to preserve the cultural heritage of Lybia in all its manifestations. At the same time, the Special Rapporteur notes the insufficiency of the Government‟s reply in that it did not address any of the allegations of excessive force against protestors or beatings and torture of those detained. In this context, the Special Rapporteur reiterates paragraph 1 of Human Rights Council Resolution 16/23, which “[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 48