A/HRC/34/54/Add.3 behind the amendments, and the fact that officials met with members of the public in different regions to discuss the amendments. 471. However, the Special Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised about the impacts of the proposed amendments on the rights to health and privacy of persons who discover their status as a result of involuntary testing; fails to provide an explanation for the ways in which compulsory medical testing under the amended legislation would respect the required consent, confidentiality, and necessity requirements; and fails to explain how it would ensure that the application of the proposed measures would not compromise protection of persons living with HIV/AIDS from discrimination and violence linked to health status. 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 Tajikistan, by adopting the amendments under consideration, would potentially violate the right of individuals to free from cruel, inhuman or degrading treatment, as provided by article 2 and 16 of the Convention against Torture. 472. The Special Rapporteur urges the Government of Tajikistan to refrain from implementing the proposed amendments in the absence of due regard to and consideration of provisions intended to ensure full respect for the consent, confidentiality and necessity requirements, in the absence of which compulsory medical testing may constitute cruel and degrading treatment. The Special Rapporteur further calls on the Government to ensure that it undertakes meaningful consultations with civil society and other relevant stakeholders in amending legislation. Thailand JUA 04/08/2016 Case No. THA 6/2016 State Reply: None to date Allegations concerning charges brought against human rights defenders Ms. Porpen Khongkachonkiet, Mr. Somchai Homla-or, and Ms. Anchana Heemmina for documenting and reporting on torture and other forms of ill-treatment and the legitimate exercise of their rights to freedom of expression and freedom of association. 473. The Special Rapporteur regrets that the Government of Thailand 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. 474. 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 Thailand, by bringing charges against Ms. Porpen Khongkachonkiet, Mr. Somchai Homla-or, and Ms. Anchana Heemmina in relation to complaints brought against them for their advocacy work on behalf of victims of torture and ill-treatment in detention, has violated their rights to be free from harassment, intimidation, and mistreatment, as provided by articles 2 and 16 of Convention against Torture (CAT). 475. The Special Rapporteur expresses serious concern that bringing charges against human rights defenders for the legitimate exercise of their rights to freedom of expression and freedom of association amounts to an attempt to restrict their work in defense of human rights, and especially as regards the documentation and reporting of human rights violations such as torture and other forms of ill-treatment. The Special 86

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