A/HRC/19/61/Add.4 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 also calls attention to the Government's obligation under article 3 of the Convention of 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 subjcted to torture. The Special Rapporteur additionally notes that while the United Arab Emirates has not ratified the Convention against Torture or the International Covenant on Civil and Political Rights, the rights cited therein are reflective of customary international law and, indeed peremptory norms binding on all states (jus cogens). He calls on the Government of the United Arab Emirates to take all necessary measures to guarantee the rights and freedoms of Mr. Abdurasulov, to undertake a prompt and independent investigation regarding the circumstances of his detention and to provide redress. He also urges the Government of the United Arab Emirates to abolish the practice of incommunicado detention. (d) JUA 05/05/2011 Case No. ARE 5/2011 State reply: None to date Alleged arbitrary detention. 166. The Special Rapporteur regrets that the Government of the United Arab Emirates has not responded to this communication, thus failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged arbitrary detention of Mr. Abdullah Khowar, without notification of the charges against him. Mr. Khowar reportedly was able to contact his wife to inform her that he was in the Damman prison and allegedly noted that he feared for his safety. The Special Rapporteur reiterates the call for the Government to provide information concerning the arrest and detention of Mr. Khowar, provide results of any investigation, medical examinations, and judicial or other inquiries carried out, and report on the measures taken to ensure the safety and physical integrity of Mr. Khowar. The Special Rapporteur additionally notes that while the United Arab Emirates has not ratified the Convention against Torture or the International Covenant on Civil and Political Rights, the rights cited therein are reflective of customary international law and, indeed, peremptory norms binding on all states (jus cogens). (e) JUA 27/09/2011 Case No. ARE 6/2011 State reply: None to date Alleged arrests and detentions. 167. The Special Rapporteur regrets that the Government of United Arab Emirates failed to respond to the communication dated 27 September 2011, thereby withholding cooperation with the Mandate established by the Human Rights Council. The communication referred to the alleged arrest, solitary confinement, secret detention and illtreatment of Messrs. Ahmed Mansoor, Nasser bin Ghaith, Fahad Salim Dalk, Hassan Ali Khamis, and Ahmed Abdul Khaleq, human rights activists. In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur expresses his conviction that the practice of the Government has been in breach of the international standards prohibiting torture and cruel, inhuman or degrading treatment or punishment. The Special Rapporteur urges the Government to cease the practice of solitary confinement and incommunicado detention and calls on the Government to ensure the accountability of those responsible and to prevent the recurrence of these acts. 73

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