A/HRC/34/54/Add.3
320. The failure of the Government of Kuwait properly to investigate the allegations of
torture and ill-treatment leads the Special Rapporteur to conclude that the right of these
eight Shia Muslim individuals to be free from torture and abuse have been violated.
JUA 07/06/2016 Case No. KWT 2/2016 State Reply: 13/06/2016, 17/06/2016,
20/06/2016, and 03/08/2016 Allegations concerning torture committed during
interrogation and harsh conditions of detention against human rights defender M.
Abdulhakim al-Fadhli.
321. The Special Rapporteur thanks the Government of Kuwait for its replies, dated 13,
17 and 20 June 2016 and 3 August 2016, to the present communication, available via
the link above. The Rapporteur notes that the Government intended to submit a further
reply, but regrets it has not yet been received.
322. The Special Rapporteur takes note of the information provided by the Government
concerning the legal grounds for the prosecution, conviction, and deportation of Mr. alFadhli, and the State’s constitutional human rights provisions. However, the
Government of Kuwait does not, in its reply, outline any measures taken to protect the
physical and psychological integrity of Mr. al-Fadhli or to respond to or investigate his
allegations. Hence, the Special Rapporteur finds that the Government does not
sufficiently address the concerns, legal obligations, and questions raised in the initial
communication, prompting him to infer that the Government fails to fully and
expeditiously cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13.
323. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, and is
therefore of the view that the Government of Kuwait, by permitting Mr. al-Fadhli to be
tortured during interrogation, extracting a statement from him under torture, and
refusing him contact with his family, has violated articles 1, 2, 15, and 16 of the
Convention against Torture (CAT).
324. The Special Rapporteur strongly urges the Government of Kuwait to immediately
take measures to ensure Mr. al-Fadhli’s physical and psychological integrity and protect
him from torture or other cruel, inhuman or degrading treatment while under detention.
He further urges the Government to undertake a prompt and impartial investigation of
Mr. al Fadhli’s allegations, to prosecute and punish those responsible, and to provide
him reparations in accordance with articles 12 and 14 of the CAT.
Lebanon
JUA 29/06/2016 Case No. LBN 1/2016 State Reply: None to Date Allegations
concerning the torture, mistreatment, rape, and detention in inhumane conditions
of Ms. Layal Al Kayaje, a Palestinian woman facing trial before a military court
for ‘defamation and libel against the Lebanese army.’
325. The Special Rapporteur regrets that the Government of Lebanon 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.
326. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of Lebanon, by failing
to protect the physical and psychological integrity of Ms. Al Kayaje, including by
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