A/HRC/19/61/Add.4
alleged incommunicado detention and deterioration of health condition of Mr. Al-Sharafy, a
human rights activist. 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 the rights of Mr. Al-Sharafy under the UN
Convention against Torture. He urges the Government of Yemen to cease the practice of
incommunicado detention, calls on the Government to ensure the accountability of those
responsible, and that Mr. Al-Sharafy obtains redress, including fair and adequate
compensation, and as full rehabilitation as possible.
Zimbabwe
(a) JUA 28/02/2011 Case No. ZWE 1/2011 State reply: None to date Alleged incommunicado
detention, torture and denial of medical treatment.
186. The Special Rapporteur regrets that the Government of Zimbabwe has not responded
to this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to allegations of arrest, torture, and illtreatment of 45 human rights activists attending a meeting on 19 February 2011. The
Special Rapporteur notes 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.” Moreover, article 15 of the Convention
against Torture provides that “[e]ach State Party shall ensure that any statement which is
established to have been made as a result of torture shall not be invoked as evidence in any
proceedings, except against a person accused of torture as evidence that the statement was
made.” Although Zimbabw is not a party to the Convention, the standard in article 15
articulates a customary international law norm binding on all States. Based on the
information received, the Special Rapporteur determines that the rights of the 45 arrested
human rights activists under international standards prohibiting torture and cruel, inhuman
or degrading treatment or punishment have been violated. The Special Rapporteur calls on
the Government to immediately release all aforementioned activists from detention, ensure
that they obtain redress, including fair and adequate compensation, and as full rehabilitation
as possible.
(b) JUA 01/06/2011 Case No. ZWE 3/2011 State reply: None to date Alleged arrest and
detention of human rights defenders.
187. The Special Rapporteur regrets that the Government of Zimbabwe has failed to
cooperate with the mandate established by the Human Rights Council through its lack of
reply to the communication dated 1 June 2011. The communication referred to the alleged
incommunicado detention of Ms. Florence Ndlovu and Mr. Walter Dube, human rights
defenders, for 48 hours from 24 May 2011 untill 26 May 2011. 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 urges the Government to cease the practice of
incommunicado detention, and to prevent recurrence of these acts.
(c) JUA 26/10/2011 Case No. ZWE 5/2011 State reply: None to date Alleged arrest and
detention of human rights defenders.
188. The Special Rapporteur regrets that the Government of Zimbabwe has failed to
cooperate with the mandate established by the Human Rights Council through its lack of
80
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents