A/HRC/22/53/Add.4
provided to the contrary, the Special Rapporteur concludes that the rights of the
aforementioned individuals who have been subjected to torture while in detention have been
violated under the UN Convention against Torture. The Special Rapporteur calls on the
Government of the Syrian Arab Republic to undertake a prompt, impartial, and effective
investigation of the alleged acts of torture, leading to prosecution and punishment of the
perpetrators, and to provide redress to the victims.
(b)
JUA 27/03/2012 Case No. SYR 4/2012 State reply: None to date Alleged arbitrary arrest,
incommunicado detention and possible enforced disappearances.
131. The Special Rapporteur regrets that the Government of Syria has not responded to this
communication dated 27 March 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged arrest,
incommunicado detention, and possible enforced disappearance of Mr. Rudy Uthman, a
journalist and human rights defender, and Mr. Saleh Shameya, a well-known lawyer, as a
result of the peaceful exercise of their right to freedom of expression and assembly. In this
context, the Special Rapporteur reiterates paragraph 7(c) of Human Rights Council
Resolution 8/8 of 18 June 2008, which reminds all States that “[p]rolonged incommunicado
detention or detention in secret places may facilitate the perpetration of torture and other
cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of
such treatment, and urges all States to respect the safeguards concerning the liberty, security
and the dignity of the person.”Accordingly, based on the information received and in the
absence of the contrary, the Special Rapporteur determines that the rights of the identified
persons under the UN Convention against Torture, whose whereabouts remain unknown,
have been violated. The Special Rapporteur urgently calls on the Government to guarantee
the physical and mental integrity of Mr. Rudy Uthman and Mr. Saleh Shameya. The Special
Rapporteur urges the Government to undertake a prompt and independent investigation on
the allegations, leading to the prosecution and punishment of the perpetrators. Moreover, the
Government must ensure that all individuals whose rights have been violated obtain redress,
including fair and adequate compensation, and as full rehabilitation as possible. The Special
Rapporteur calls on the Government of Syria to abolish the practice of incommunicado and
unacknowledged detention.
(c)
JUA 08/05/2012 Case No. SYR 5/2012 State reply: None to date Allegations of prolonger
incommunicado detention, ill-treatment and upcoming military court trials of human
rights defenders.
132. The Special Rapporteur regrets that the Government of Syria has not responded to this
communication, thereby failing to cooperate with the mandate issued by the Human Rights
Council. The communication referred to the allegations of prolonged incommunicado
detention and torture and ill-treatment of the members of the Syrian Centre for Media and
Freedom of Expression (SCM) as a result of their legitimate activities as human rights
defenders. These allegations were the subject of a previous communication dated 20 February
2012, however, we regret that to date no reply has been transmitted. The Special Rapporteur
expresses grave concern for the physical and psychological integrity of the detainees,
particularly that of Mr. Mazen Darwich and the other individuals who are being held
incommunicado and who have been subjected to torture and ill-treatment. In this context, the
Special Rapporteur reiterates paragraph 7(c) of Human Rights Council Resolution 8/8 of 18
June 2008, which reminds all States that “[p]rolonged incommunicado detention or detention
in secret places may facilitate the perpetration of torture and other cruel, inhuman or
degrading treatment or punishment and can in itself constitute a form of such treatment, and
urges all States to respect the safeguards concerning the liberty, security and the dignity of
the person.” Furthermore, he would like to remind the Government of Rule 22(2) of the
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