A/HRC/19/61/Add.4 (d) JUA 09/05/2011 Case No. IRQ 3/2011 State reply: None to date Alleged excessive use of force by Iraqi security forces in Camp Ashraf. 86. The Special Rapporteur regrets that the Government of Iraq has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to an attack on hundreds of Camp Ashraf residents by Iraqi security forces resulting in grave injuries including gunshot wounds, to at least 73 named victims; additionally, 25 residents were reportedly killed, including from gunshot wounds, being hit or run over by bulldozers and Humvees and due to lack of timely medical intervention. In the absence of evidence to the contrary, the Special Rapporteur determines that the aforementioned acts against the named individuals constitute grave violations of international law as codified in the UN Convention against Torture which Iraq ratified on 7 July 2011. He calls on the Government of Iraq to ensure a prompt and impartial investigation, leading to prosecution and punishment of the perpetrators, and the provision of redress to all victims, including measures of rehabilitation and non-repetition. (e) JUA 21/06/2011 Case No. IRQ 4/2011 State reply: 28/07/2011 Allegations of attack against peaceful protestors in Baghdad’s Tahrir Square. 87. The Special Rapporteur thanks the Government of Iraq for its response regarding the communication dated 21 June 2011, which referred to the alleged attack on peaceful protesters in Baghdad‟s Tahrir Square; however, he regrets that the Government‟s response failed to provide substantive information pertaining to the allegations of ill-treatment and sexual assaults on female protestors. While the investigation conducted by the Government is appreciated, the Special Rapporteur would like to draw the attention of the Government to paragraph 2 of General Comment No. 20 of the Human Rights Committee, article 4(c) and article 4(d) of the United Nations Declaration on the Elimination of Violence against Women, and paragraph 18 of the General Comment No. 2 of the Committee against Torture. The Special Rapporteur expresses concern that the failure of the Government to intervene in the ill-treatment of peaceful demonstrators may have been a form of encouragement and/or de facto permission. The Special Rapporteur calls on the Government to protect both dignity and physical and mental integrity of the individuals inflicted by people acting in a private capacity in all contexts including demonstrations. (f) JUA 17/11/2011 Case No. IRQ 7/2011 State reply: None to date Alleged imminent execution of several individuals including Messrs Al Tariqi, Allah, Ali and Mojib. 88. The Special Rapporteur regrets that the Government of Iraq has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the allegation that Messrs. Yousri Fakher Mohamed Al Tariqi, Mohamed Fraj Fraj Allah, Adel Omar Mohamed Ali and Nasser Mubarak Mojib were sentenced to death on the basis of evidence extracted under torture. In this context, the Special Rapporteur stresses that article 15 of the Convention against Torture provides that, “[e]ach State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that the aforementioned individuals were indeed brutally tortured to obtain confessions and that their rights under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to investigate, prosecute and punish all cases of torture and to ensure that any evidence obtained under torture is declared inadmissible. 38