A/HRC/34/54/Add.3
Nghiem, Mr. Huynh Thanh Binh, Mr. Ha Le Tuan, and two children to excessive force
for their participation in a peaceful protests, as well as to beatings by undercover
plainclothes policemen and beatings in detention, has violated their rights to be free
from torture or cruel or degrading treatment as provided by Article 1, 2 and 16 of the
Convention against Torture (CAT).
542. The Special Rapporteur strongly urges the Government of Vietnam to immediately
take measures to undertake prompt and impartial investigations of the allegations, to
prosecute and punish those responsible, and to provide the victims with reparations in
accordance with articles 12 and 14 of the CAT.
Other
JUA 01/06/2016 Case No. OTH 18/2016 State Reply: 16/06/2016 Allegations of
psychological abuse through solitary confinement, indefinite family separation,
inadequate medical care, and detrimental living conditions of asylum seekers
detained at the Regional Processing Centre on Nauru, including Mr. Milad Zonar
Saghar, Ms. Nages Alizadeh, Mr. Daryosh Alizadeh, Mr. Jabar Hamdavi and Mr.
Musa Hamdavi.
543. The Special Rapporteur thanks Broadspectrum, contracted by the Australian
government for facilities management and operational services to the Regional
Processing Centre for asylum seekers in Nauru, for its reply, dated 16 June 2016, to the
present communication. The Rapporteur welcomes the extensive information provided
by Broadspectrum on its policies and procedures with respect to detainees. However, in
spite of the information provided by Broadspectrum, the Special Rapporteur finds that
its reply does not sufficiently address the concerns, legal obligations, and questions
raised in the initial communication, which thus fails to comply with the UN Guiding
Principles on Business and Human Rights and the customary international law
prohibition against torture and cruel, inhuman, or degrading treatment or punishment.
544. In the absences 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 Broadspectrum, by
subjecting psychologically fragile detainees to solitary confinement and conditions of
isolation, indefinite family separation, detrimental living conditions, and inadequate
psychological care, has violated the rights of asylum seekers detained at the Regional
Processing Center, including Mr. Milad Zonar Saghar, Ms. Nages Alizadeh, Mr.
Daryosh Alizadeh, Mr. Jabar Hamdavi and Mr. Mosa Hamdavi, to be free from torture
or cruel, inhuman or degrading treatment, as provided by articles 1, 2, and 16 of the
Convention against Torture (CAT).
545. As an enterprise, Broadspectrum has a responsibility to respect human rights as set
out by the UN Guiding Principles on Business and Human Rights. (HR/PUB/11/04)
“The responsibility to respect human rights is a global standard of expected conduct for
all business enterprises wherever they operate. It exists independently of States’
abilities and/or willingness to fulfil their own human rights obligations…” (p. 13) While
the Rapporteur welcomes the policies set out by Broadspectrum, their practical
application has proven problematic. “Business enterprises should make particular efforts
to track the effectiveness of their responses to impacts on individuals from groups or
populations that may be at heightened risk of vulnerability or marginalization.” (p. 23)
Furthermore, ���Where business enterprises identify that they have caused or
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