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General Assembly Distr UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/4/33/Add.1 20 March 2007 Original: ENGLISH / FRENCH / SPANISH Human Rights Council Fourth session Agenda item 2 IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL” Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak Addendum Summary of information, including individual cases, transmitted * to Governments and replies received * The present document is being circulated in the languages of submission only as it greatly exceeds the page limitations currently imposed by the relevant General Assembly resolutions. GE.07-12041 A/HRC/4/33/Add.1 Page 2 Contents Paragraphs Page Summary of allegations transmitted and replies received…….…… 1-341 1 Introduction………….………………………………………..…… 1-5 4 Mandate abbreviations………………………………………..…… 6 Algeria……………………………………………………………... 1-4 8 Argentina.………...………………………………………….…..… 5 11 Azerbaijan......................................................................................... 6-7 13 Bahamas…………..……………………………………………..… 8 16 Bahrain…………………………………………………………..… 9 17 Bangladesh……………………………………………………...…. 10-13 19 Belarus………………………………………………………...…… 14-16 26 Bhutan……………......…………………………………………..... 17 34 Burundi……...…………………………………………………..…. 18-20 35 Cambodia.................……………………………………………..… 21-22 38 Cameroon………………………………………………………..… 23 39 Chad....…………………………………………………………..… 24 40 Chile…………………………………………………………..…… 25-27 41 China………………………………………………………..……... 28-47 45 Colombia…………………………………………………..………. 48-50 71 Congo..…………………………………………………..……….... 51 76 Costa Rica…………………………………………………………. 52 77 Democratic People’s Repbulic of Korea………………………..… 53-54 77 Democratic Republic of the Congo………………………..………. 55-62 81 Egypt………………………………………………………………. 63-66 90 Eritrea……………………………………………………………… 67 95 Ethiopia……………………………………………………………. 68-70 95 Gambia…………………………………………………………..… 71-72 98 Georgia…………………………………………………………..… 73-74 99 Germany…………………………………………………………… 75 101 India…………………………………………………………….…. 76-84 101 Indonesia………………………………………………………..…. 85 108 Iran (Islamic Republic of) ……………………………………........ 86-114 109 Iraq……………………………………………………………….... 115-120 130 Israel………………………………………………………………. 121 140 Jordan…………………………………………………………….... 122-123 141 Kazakhstan..……………………………………………………….. 124-125 141 Kyrgyzstan..………………………………………………………... 126-131 143 Libyan Arab Jamahiriya.………………………………...………… 132-134 148 Malaysia……………………………………………………….…... 135 151 Maldives……………………………………………………….…... 136-138 151 Mauritania…………………………………………………………. 139 156 Mexico…………………………………………………………….. 140-146 157 Morocco………………………………………………………….... 147-149 166 A/HRC/4/33/Add.1 Page 3 Paragraphs Page Mozambique …………………………………………………........ 150 171 Myanmar…………………………………………………………... 151-153 172 Nepal……………………………………………………………… 154-204 175 Niger………………………………………………………………. 205 195 Pakistan……………………………………………………………. 206-212 196 Peru………………………………………………………………… 213 201 Philippines…………………………………………………………. 214-216 204 Qatar ………………………………………………………………. 217 207 Republic of Moldova........................................................................ 218-219 209 Russian Federation………………………………………………… 220-238 212 Saudi Arabia………………………………………………..……… 239 245 Solomon Islands …………………………………………………... 240 246 South Africa……………………………………………………...... 241 246 Spain………………………………………………………………. 242 250 Sri Lanka…………………………………………………………... 243-269 251 Sudan………………………………………………………………. 270-278 269 Syrian Arab Republic……………………………………...………. 279-291 279 Tajikistan…………………………………………………………... 292 288 Tanzania…………………………………………………………... 293 291 Thailand…………………………………………………………… 294-298 291 Tonga………………………………………………………………. 299 294 Tunisia……………………………………………………………... 300-306 296 Turkey……………………………………………………………... 307-310 304 Turkmenistan……………………………………………………… 311-314 308 Uganda……………………………………………………………... 315 314 Ukraine…………………………………………………………….. 316 314 United Arab Emirates……………………………………...………. 317-318 316 United Kingdom of Great Britain and Northern Ireland…..………. 319 317 United States of America………………………………….………. 320-326 318 Uzbekistan…………………………………………………………. 327-333 327 Viet Nam…………………………………………………..………. 334 335 Yemen………………………………...…………………………… 335-339 336 Zimbabwe…………………………………………………………. 340-341 339 Appendix – Model questionnaire for submission of cases………… 342 A/HRC/4/33/Add.1 Page 4 Introduction 1. This addendum to the report of the Special Rapporteur contains, on a country-by-country basis, summaries of reliable and credible allegations of torture and other cruel, inhuman or degrading treatment or punishment that were brought to the attention of the Special Rapporteur, and were transmitted to the Governments concerned. It also contains replies from Governments. This addendum does not illustrate the state of torture and other cruel, inhuman or degrading treatment or punishment throughout the world, but rather reflects the state of information brought to the attention of the Special Rapporteur. 2. The Special Rapporteur would like to recall that in transmitting these allegations to Governments, he does not make any judgement concerning the merits of the cases, nor does he support the opinion and activities of the persons on behalf of whom he intervenes. The prohibition of torture and other cruel, inhuman or degrading treatment or punishment is a non-derogable right, and every human being is legally and morally entitled to protection. When the Special Rapporteur receives reliable and credible information that gives grounds to fear that a person may be at risk of torture or other forms of ill-treatment, he may transmit an urgent appeal to the Government concerned. The communications sent by the Special Rapporteur have a humanitarian and preventive purpose, and do not require the exhaustion of domestic remedies. Governments are requested to clarify the substance of the allegations, take steps to protect the person’s rights, and are urged to investigate the allegations and prosecute and impose appropriate sanctions on any persons guilty of torture and other cruel, inhuman or degrading treatment or punishment. 3. During the period under review, i.e. from 16 December 2005 to 15 December 2006, the ∗ Special Rapporteur sent 79 letters of allegations of torture to 35 Governments and 157 urgent appeals* to 60 Governments on behalf of persons who might be at risk of torture or other forms of ill-treatment. Government responses received up to 31 December 2006 have been included. The responses received after that date will be duly reflected in a future communications report. 4. The Special Rapporteur appreciates the timely responses received from Governments to the letters and urgent appeals transmitted. He regrets that many Governments fail to respond, or do so selectively, and that responses to older cases remain outstanding in large part. 5. Owing to restrictions on the length of documents, the Special Rapporteur has been obliged to reduce considerably details of communications sent and received, with attention given to information relating specifically to allegations of torture and other cruel, inhuman or degrading treatment or punishment. As a result, requests from Governments to publish their replies in their totality could not be acceded to. Moreover, attention is given to information in Government replies specifically relating to the allegations, particularly information on the following: (a) What steps were taken to ascertain the veracity of the facts alleged? ∗ Includes joint action with other special procedures of the Commission on Human Rights. General statistical information on communications sent by special procedures in 2005 is available on OHCHR website : http://www.ohchr.org. A/HRC/4/33/Add.1 Page 5 (b) Has a complaint been lodged by or on behalf of the alleged victim? (c) The details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries carried out in relation to the case. (d) Full details of any prosecutions which have been undertaken (e.g. penal, disciplinary or administrative sanctions imposed on the alleged perpetrator(s)). (e) What compensation and rehabilitation have been provided to the victim or the family of the victim? A/HRC/4/33/Add.1 Page 6 Abbreviations TOR Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment FRDX Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression HRD Special Representative of the Secretary-General on the situation of human rights defenders SUMX Special Rapporteur on extrajudicial, summary or arbitrary executions IND Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people WGAD Working Group on Arbitrary Detention HLTH Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health IJL Special Rapporteur on the independence of judges and lawyers FOOD Special Rapporteur on the right to food RINT Special Rapporteur on freedom of religion or belief VAW Special Rapporteur on violence against women, its causes and consequences EID Working Group on Enforced or Involuntary Disappearances EDU Special Rapporteur on the right to education MIN Independent Expert on minority issues RACE Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance SALE Special Rapporteur on the sale of children, child prostitution and child pornography TRAF Special Rapporteur on the human rights aspects
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