A/HRC/19/61/Add.4
(b) JUA 15/08/2011 Case No. VNM 6/2011 State reply: None to date Alleged torture, hard
labour and incommunicado detention as a consequence of the exercise of freedom of
opinion and expression.
182. The Special Rapporteur regrets that the Government of Viet Nam failed to respond
to the communication dated 15 August 2011, thereby withholding cooperation with the
mandate established by the Human Rights Council. The communication referred to the
alleged torture, incommunicado detention and hard labour of Mr. Nguyen Van Hai, an
independent journalist and blogger. In this connection, the Special Rapporteur would like to
draw the attention of the Government to paragraph 8(b) of Human Rights Council
Resolution 16/23 and rule 22(2) of the Standard Minimum Rules for the Treatment of
Prisoners. In light of the fact that no evidence has been provided to the contrary, the Special
Rapporteur concludes that there has been a violation of rights of Mr. Nguyen Van Hai
under the UN Convention against Torture. The Special Rapporteur urges the Government to
cease the practice of incommunicado detention, and calls on the Government to undertake a
prompt and impartial investigation of allegations of torture; to prosecute and punish those
responsible, and to ensure that Mr. Nguyen Van Hai obtains redress, including fair and
adequate compensation, and as full rehabilitation as possible.
Yemen
(a) JUA 03/03/2011 Case No. YEM 1/2011 State reply: None to date Alleged violence and
attacks against journalists in connection with demonstrations.
183. The Special Rapporteur regrets that the Government of Yemen 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
detainees including physical beatings and mistreatment, withholding of medical services in
detention, and incommunicado detention. In the absence of contrary evidence, the Special
Rapporteur determines that the rights of the named individuals under the UN Convention
against Torture were violated. The Special Rapporteur calls on the Government to
undertake a prompt and impartial investigation of the facts, leading to prosecution and
punishment of perpetrators, and to provide redress to the victims. The Special Rapporteur
additionally calls on the Government of Yemen to abolish the practice of incommunicado
detention.
(b) JUA 24/05/2011 Case No. YEM 2/2011 State reply: None to date Alleged incommunicado
detention and torture.
184. The Special Rapporteur regrets that the Government of Yemen has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the incommunicado detention and torture of
Mr. Hicham Gherras. In the absence of evidence to the contrary, the Special Rapporteur
determines that Mr. Gherras' rights under the UN Convention against Torture have been
violated, and calls on the Government of Yemen to undertake a prompt and impartial
investigation, leading to prosecution and punishment of perpetrators, and to provide redress
to Mr. Gherras, including fair and adequate compensation, and as full rehabilitation as
possible.To ensure non-repetition of these acts, the Special Rapporteur urges the
Government of Yemen to end the practice of incommunicado detention.
(c) JUA 19/10/2011 Case No. YEM 4/2011 State reply: None to date Alleged incommunicado
detention, torture and denial of medical treatment.
185. The Special Rapporteur regrets that the Government of Yemen failed to respond to
the communication dated 19 October 2011, thereby withholding cooperation with the
mandate established by the Human Rights Council. The communication referred to the
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