A/HRC/34/54/Add.3
294. The Special Rapporteur further reiterates his view that “feeding induced by threats,
coercion, force or use of physical restraints of individuals, who have opted for the
extreme recourse of a hunger strike to protest against their detention, are, even if
intended for their benefit, tantamount to cruel, inhuman and degrading treatment, which
in turn may amount to torture” (OHCHR Joint Press Release, 28 July 2015). Although
Mr. Kayed was not subject to forced feeding, the Government’s policy, which provides
for such action, violates the Government’s obligations to prevent torture and cruel,
inhuman and degrading treatment under customary international law as codified in the
CAT.
295. The Special Rapporteur strongly urges the State of Israel to protect the right of Mr.
Kayed to be free from torture or cruel, inhuman or degrading treatment. The Special
Rapporteur calls upon the State of Israel to immediately rescind the policy and practice
of force-feeding and refrain from using other coercive measures, and to look for
alternative solutions to extreme situations resulting from hunger strikes, including goodfaith dialogue with prisoners. He further offers the Government of Israel guidance and
assistance in these matters. The Special Rapporteur also reminds the State of Israel that
the Committee against Torture and the Human Rights Committee have consistently
found that conditions of detention can amount to inhuman and degrading treatment.
Japan
JOL 10/04/2015 Case No: JPN 1/2016 State Reply: None to date Allegations of
inadequate consultation and access to truth, justice and reparation for Korean
comfort women through the agreement reached between the Government of Japan
and the Government of the Republic of Korea on 28 December 2015.
296. The Special Rapporteur regrets that the Government of Japan has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
297. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance to the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of Japan, by failing to
provide sufficient remedies and individual reparations for the harm inflicted to the socalled “comfort women,” who were victims of sexual slavery and gender-based violence
during the Second World War, and by failing to adequately investigate and prosecute
these allegations of ill-treatment and torture, while stating that the issue is now resolved
“finally and irreversibly,” has violated their right to be free from torture or cruel or
inhuman or degrading treatment, as provided by articles 1, 2, 7, 12, 14, and 16 of the
Convention against Torture.
298. The Special Rapporteur recalls that, as he stated in his 2016 thematic report,
“reparations must be premised on a full understanding of the gendered nature and
consequences of the harm suffered and take existing gender inequalities into account to
ensure that they are not themselves discriminatory” (A/HRC/31/57 para. 66). Further, he
stated, “[t]hey must address the context of structural discrimination in which violations
occurred and aim to provide both restitution and rectification. Reparations must have a
transformative impact, addressing the underlying causes and consequences of
violations, and offer continued protection for and respectful engagement with victims”
(A/HRC/31/57 para. 66).
56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents