A/HRC/19/61/Add.4 asserted by the Special Rapporteur, “countries should take effective measures to prevent prisoner-on-prisoner violence by investigating reports of such violence, prosecuting and punishing those responsible, and offering protective custody to vulnerable individuals, without marginalizing them from the prison population more than is required by the need for protection and without putting them at further risk of ill-treatment” (E/CN.4/2003/68, para. 26 (j)). Accordingly, based on the information received, the Special Rapporteur determines that Mr. X‟s rights under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to immediately release both Mr. X and Mr. Y from detention, ensure that they obtain redress, including fair and adequate compensation, and as full rehabilitation as possible. (b) AL 17/10/2011 Case No. AFG 4/2011 State reply: None to date Alleged torture in detention. 7. The Special Rapporteur regrets that the Government of Afghanistan 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 torture of conflict-related detainees, including five children, by National Directorate of Security officials. The Special Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23 “[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 non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur finds that the rights of the individuals mentioned in the communication under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to investigate, prosecute and punish those responsible and to provide full redress to the victims, especially children victims. Angola JAL 03/03/2011 Case No. AGO 1/2011 State replies: 30/03/2011 12/04/2011 Alleged mass deportations. 8. The Special Rapporteur thanks the Government of Angola for its replies to this communication. In its first reply, dated 30 March 2011, the Government of Angola indicated that it had formed an inter-ministerial committee coordinated by the Ministry of Foreign Affairs to complete an investigation regarding alleged ill-treatment of DRC migrants by Angolan Security Forces. In its reply on 12 April 2011, the Government of Angola reported on the activities of this “Multidisciplinary Commission,” which the Government reported “determined that no facts exist to prove the allegations in [the Human Rights Council's] letter, but rather the condition of constant violations of the Angolan border by DRC citizens.” The Government reported that this Commission confirmed only one case of sexual abuse against a DRC citizen. The Special Rapporteur notes the insufficiency of the Government's response to the credible allegations of torture and cruel, inhuman and degrading treatment, particularly in light of allegations of more than 1357 reported cases of sexual violence and of the use of invasive anal and vaginal searches of detainees by Angolan authorities. Based on the information presented, the Special Rapporteur concludes that the rights of detainees under the UN Convention against Torture have been violated, and calls on the Government to undertake a prompt and independent investigation, leading to prosecution and punishment of the perpetrators, and to provide full redress to the victims. 6

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