A/HRC/19/61/Add.4
(b) JUA 30/05/2011 Case No. NGA 2/2011 State reply: None to date Alleged arbitrary
detention.
121. The Special Rapporteur regrets that the Government of Nigeria has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred, inter alia, to the alleged ill-treatment of Mr.
Mallam Aliyu Tasheku while in detention, including denial of access to health care. The
Special Rapporteur again calls on the Government to provide information regarding the
legal grounds for the re-arrest and detention of Mr. Tasheku and the results of any
investigation into his alleged mistreatment.
Oman
JUA 28/04/2011 Case No. OMN 1/2011 State reply: 06/06/2011 Alleged killings and
detention of protesters in the context of peaceful demonstrations.
122. The Special Rapporteur thanks the Government of Oman for its reply, dated 6 June
2011, to this communication in reference to the alleged killings of Mr. Abdullah alGhamalasi and one other, the detention and torture of Messrs. Ahmed al-Shezawi and
Abdul Gufar al-Shewazi, and the incommunicado detention of nine protesters including
Messrs. Ali al-Badi and Hilal al-Alawi during the demonstrations of 29 March 2011. In its
response, the Government of Oman indicated that one person was killed during the protests
and confirmed that detainees have been placed in solitary confinement, including Mr. alAlawi, who the Government indicates was charged with forcibly preventing the public
authorities from doing their work, resisting arrest, possession of an unlicensed firearm, and
disrupting public traffic. The Government reported that “a few people have been placed in
solitary confinement [...] as they had to be separated from the others to stop them from
colluding with each other in order to come up with a common version of the events.” The
Government indicated that “solitary confinement” is governed by the Code of Criminal
Procedure, and allows isolation of an accused from other detainees without prejudice to the
right to remain in contact with the accused's defense lawyer. The Government also
indicated that two cases have gone to criminal courts, and that a judge decided to release
Hilal al-Alawi and Ali al-Badi on 18 May 2011, along with others who were “charged with
the lesser offense.” However, the Government responded that the remaining defendants are
still in pretrial detention, and indicated that compensation has not been provided to the
victims as the case is “still under investigation.” The Special Rapporteur notes that the
practice of solitary confinement can amount to cruel, inhuman or degrading treatment or
torture, particularly when used during pre-trial detention, due to the punitive nature of
solitary confinement and the pain and suffering it may inflict on the accused. In this
context, the Special Rapporteur draws the Government's attention to article 7 of the Basic
Principles for the Treatment of Prisoners, which provides that “efforts addressed to the
abolition of solitary confinement as a punishment, or to the restriction of its use, should be
undertaken and encouraged.” (Adopted by the General Assembly by Resolution 45/111 of
14 December 1990.) The Special Rapporteur reminds the Government that , per paragraph
8(b) of Human Rights Council Resolution 16/23 of 12 April 2011, “[p]rolonged
incommunicado detention or detention in secret places can facilitate the perpetration of
torture and other cruel, inhuman or degrading treatment or punishment and can in itself
constitute a form of such treatment, and urges all States to respect the safeguards
concerning the liberty, security and the dignity of the person and to ensure that secret places
of detention and interrogation are abolished.”. The Special Rapporteur calls on the
Government of Oman to ensure a prompt and independent investigation of all possible
cases of torture, leading to prosecution of perpetrators, and to provide redress to all victims
of ill-treatment or torture. In order to ensure non-repetition of these acts, the Special
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