A/HRC/34/54/Add.3 Additionally, the Special Rapporteur would like to draw the attention of the Government to Rules 11–23 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the “Mandela Rules”) which mandate that appropriate accommodation, minimum cubic content of air and floor space, lighting and ventilation should be provided, with requirements to be met regarding the personal hygiene of prisoners. Failure to comply with the minimum conditions of detention can amount to inhuman and degrading treatment. 21. The Special Rapporteur strongly urges the government of Australia to ensure that measures be immediately implemented to prohibit the solitary confinement of juveniles and the use of extreme restraint practices on detainees, especially juvenile offenders; to improve the conditions of detention centers in the Northern Territory; and to update the Special Rapporteur with any additional development regarding the investigation and resulting changes in response to the forthcoming report of the Royal Commission . Austria JUA 04/03/2016 Case No. AUT 1/2016 State Reply: 05/07/2016 Allegations of participation in a Joint Statement leading to mass expulsion of asylum seekers in Macedonia, and sending officers to enforce this policy. 22. The Special Rapporteur thanks the Government of Austria for its reply, dated 5 July 2016, to the present communication. 23. The Special Rapporteur takes note of the information provided by the Government concerning the allegations of the situation of asylum seekers in Austria. He welcomes the Government’s reassurances that no asylum seeker will be turned away and that Austria will continue to fulfill its obligations under international law. However, in spite of the information supplied by the Government, the reply 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. 24. In light of the information provided in the Government’s reply, 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 Austria, by its support for the execution of the “Joint Statement of Heads of Police Services,” including the secondment of 20 police officers to Macedonia, facilitates mass collective expulsions that amount to a violation of the nonrefoulement principle, as provided by article 3 of the Convention against Torture (CAT). 25. The Special Rapporteur would like to reiterate that a State may be held responsible for its failure to pre-empt or remedy illicit conduct not directly attributable to it, such as when it fails to meet its due diligence obligations to prevent and protect persons from grave violations of human rights (A/70/303, para 70). “While clearly responsible for wrongful acts committed extraterritorially or having an extraterritorial effect, a State may also be responsible for ‘indirectly attributable extraterritorial wrongfulness’ owing to a failure to fulfill its positive human rights obligations” (A/70/303, para 35). Furthermore, the Rapporteur reminds the State that non-refoulement is “an inherent part of the overall absolute and imperative nature of the prohibition of torture and other forms of ill-treatment” (A/59/324, para. 28) and a rule of customary international law. 9