A/HRC/19/61/Add.4 Botswana JAL 19/09/2011 Case No. BWA 1/2011 State reply: None to date Alleged rape of young woman while in immigration detention. 30. The Special Rapporteur regrets that the Government of Botswana has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged rape of a young woman in immigration detention centre. The Special Rapporteur recalls article 4 (c) and article 4 (d) of the United Nations Declaration on the Elimination of Violence against Women, which notes the responsibility of states to exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons. In the absence of other evidence, the Special Rapporteur is of the view that this young woman was indeed raped in detention, a most serious violation of the Convention against Torture. The Special Rapporteur calls on the Government to undertake a prompt and impartial investigation and to provide full redress, including fair and adequate compensation, to the victim. Brazil (a) JUA 23/03/2011 Case No. BRA 1/2011 State reply: None to date Alleged killing of human rights defender and death threats against his family. 31. The Special Rapporteur regrets that the Government of Brazil has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged killing of Mr. Sebastião Bezerra de Silva, whose body reportedly showed signs of torture and death threats received by Mr. Bezerra de Silva's family. The Special Rapporteur recalls paragraph 1 of Human Rights Council Resolution 16/23 of 12 April 2011, which “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur also reminds the Government that, per paragraph 8(a) of Human Rights Council Resolution 16/23 of 12 April 2011, “[i]ntimidation and coercion, as described in article 1 of the Convention including serious and credible threats, as well as death threats, to the physical integrity of the victim or of a third person can amount to cruel, inhuman or degrading treatment or to torture.”Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. Bezerra de Silva and his family members under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government of Brazil to undertake a prompt, independent and effective investigation of the facts, leading to the prosecution and punishment of the perpetrators, and to provide full redress to the victims. (b) JUA 11/07/2011 Case No. BRA 4/2011 State reply: None to date Alleged threats and attacks against judge. 32. The Special Rapporteur regrets that the Government of Brazil has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged threats and attacks against Ms.Fabíola Michele Moura, a Brazilian judge, who was presiding over the trial of 19 military police officers for acts of torture allegedly committed in 1998 in Brazil. In this regard, the Special Rapporteur recalls paragraph 3 (b) of the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading 15