A/HRC/19/61/Add.4 absence of evidence to the contrary, the Special Rapporteur determines that the rights of the named journalists under the UN Convention against Torture have been violated, and calls on the Government to ensure investigation and prosecution of the perpetrators and the provision of redress to the victims. Ukraine (a) JUA 18/03/2011 Case No. UKR 2/2011 State reply: None to date Alleged detention and possible refoulement of asylum-seekers. 161. The Special Rapporteur regrets that the Government of Ukraine has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication concerned the alleged detention and ill-treatment of fourteen Afghan individuals, including an unaccompanied minor, by Ukrainian authorities. Six of them were reportedly deported to Afghanistan and the remaining eight were held at Boryspil airport in Kyiv. The individuals had claimed they would be in danger upon return to Afghanistan. Additionally, they were allegedly ill-treated and beaten by border guards during their transportation to Kyiv. In the absence of evidence to the contrary, the Special Rapporteur concludes that the rights of the aforementioned individuals under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to investigate, prosecute and punish the perpetrators of torture or other illtreatment as well as the responsibilities of the author or authors of the decision to violate the customary international law provision of non-refoulement and to provide full redress to the victims, including measures of non-repetition. (b) AL 31/03/2011 Case No. UKR 3/2011 State reply: None to date Alleged arbitrary detention and ill-treatment. 162. The Special Rapporteur regrets that the Government of Ukraine 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 incommunicado detention and secret transfer of Mr. Dirar Abu Sisi to Israel, where he was detained and allegedly tortured. (See JUA Communication ISR 3/2011 of 31 March 2011). Based on the information received and in the absence of evidence to the contrary, the Special Rapporteur determines that Mr. Abu Sisi was extradited to Israel in violation of the UN Convention against Torture. The Special Rapporteur draws the Government's attention to article 3 of the Convention against Torture, which provides that no State party shall expel, return (“refouler”), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. In this regard, paragraph 9 of General Comment No. 20 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, in which the Human Rights Committee states that State parties “must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement.” Furthermore, paragraph 7(d) of Human Rights Council Resolution 16/23 of 12 April 2011 urges States “[n]ot to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture […].” 71