18/51 Communications Report of Special Procedures - Communications sent, 1 December 2010 to 31 May 2011; Replies received, 1 February 2011 to 31 July 2011 / RightDocs

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Document Type: Final Report

Date: 2011 Sep

Session: 18th Regular Session (2011 Sep)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.11-15654

Human Rights Council Eighteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Communications Report of Special Procedures*

Communications sent, 1 December 2010 to 31 May 2011; Replies received, 1 February 2011 to 31 July 2011

Joint report by the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; the Working Group on arbitrary detention; the Special Rapporteur on the situation of human rights in Cambodia; the Special Rapporteur on the sale of children, child prostitution and child pornography; the Independent Expert in the field of cultural rights; the Special Rapporteur on the right to education; the Working Group on enforced or involuntary disappearances; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on the right to food; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on freedom of religion or belief; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the Special Rapporteur on the situation of human rights defenders; the Special Rapporteur on the independence of judges and lawyers; the Special Rapporteur on the rights of indigenous peoples; the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination; the Special Rapporteur on the human rights of migrants; the Independent Expert on minority issues; the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Independent Expert on the situation on human rights in the Sudan; the Special Rapporteur on the promotion and protection

* The present report is circulated as received.

United Nations A/HRC/18/51

General Assembly Distr.: General 5 September 2011 English/French/Spanish only

of human rights and fundamental freedoms while countering terrorism; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights; the Special Rapporteur on trafficking in persons, especially women and children, the Special Rapporteur on the human right to safe drinking water and sanitation; and the Special Rapporteur on violence against women, its causes and consequences.

Abbreviations

Adequate housing Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context

Arbitrary detention Working Group on Arbitrary Detention Cambodia Special Rapporteur on the situation of human rights in Cambodia Cultural Rights Independent Expert in the field of cultural rights Disappearances Working Group on Enforced or Involuntary Disappearances Education Special Rapporteur on the right to education Food Special Rapporteur on the right to food Freedom of expression Special Rapporteur on the promotion and protection of the right to freedom of opinion and

expression Freedom of peaceful assembly and of association

Special Rapporteur on the rights to freedom of peaceful assembly and of association

Freedom of religion Special Rapporteur on freedom of religion or belief Health Special Rapporteur on the right of everyone to the enjoyment of the highest attainable

standard of physical and mental health Human rights defenders Special Rapporteur on the situation of human rights defenders Independence of judges and lawyers

Special Rapporteur on the independence of judges and lawyers

Indigenous peoples Special Rapporteur on the rights of indigenous peoples Mercenaries Working Group on the use of mercenaries Migrants Special Rapporteur on the human rights of migrants Minority issues Independent Expert on Minority Issues OPT Special Rapporteur on the situation of human rights in the Palestinian territories occupied

since 1967 Racism Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and

related intolerance Sale of children Special Rapporteur on the sale of children, child prostitution and child pornography Slavery Special Rapporteur on contemporary forms of slavery Sudan Independent Expert on the situation of human rights in the Sudan Summary executions Special Rapporteur on extrajudicial, summary or arbitrary executions Terrorism Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism Torture Special Rapporteur on torture and other cruel, inhuman or degrading treatment or

punishment Toxic waste Special Rapporteur on the adverse effects of the movement and dumping of toxic and

dangerous products and wastes Trafficking Special Rapporteur on trafficking in persons, especially women and children Violence against women Special Rapporteur on violence against women, its causes and consequences Water and Sanitation Special Rapporteur on the human right to safe drinking water and sanitation

Other abbreviations

AL Letter of allegation JAL Joint letter of allegation JUA Joint urgent appeal UA Urgent appeal

Contents Paragraphs Page

Abbreviations ...................................................................................................................................... 3

I. Introduction ............................................................................................................... 1–11 6

II. Communications sent and replies received............................................................... 12 9

A. Communications sent between 1 December 2010 and 31 May 2011 and replies received by 31 July 2011 in relation to them ................................ 12 9

B. Replies received between 1 February 2011 and 31 July 2011 relating to communications sent before 1 December 2010 ............................. 13 121

C. Communications sent before the period covered by this report, by mandates reporting to the eighteenth session of the Council, and related replies........... 14–15 143

Appendix : Mandates of special procedures....................................................................................... 151

I. Introduction

1. Special procedures are mandated by the Human Rights Council to report to it on their activities (see Appendix).

2. At the fifteenth annual meeting of special procedures, held in Geneva from 23 to 27 June 2008, mandate holders supported the periodic issuance of a joint communications report to prevent inconsistencies among mandate holders reporting on the same communications to the Council; avoid duplication and rationalize documentation; allow the examination of cross-cutting human rights issues; and ensure that the content of communications and any follow-up would feed into the universal periodic review process more effectively (A/HRC/10/24, para 34-35). In 2009, the sixteenth annual meeting of special procedures mandate holders decided that a joint communications report would be prepared (cf. A/HRC/12/47, para 24-26), with this decision being reconfirmed by the seventeenth annual meeting of special procedures in 2010. Mandate holders decided that the report should contain summaries of communications, and statistical information (A/HRC/15/44, para. 26-27).

3. The Outcome document of the review of the work and functioning of the Human Rights Council calls on the Office of the High Commissioner for Human Rights to maintain information on special procedures in a comprehensive and easily accessible manner, and encourages the use of modern information technology to reduce the circulation of paper (A/HRC/RES/16/21, Annex, para. 24, 29 and 60).

4. The report strengthens transparency, efficiency and reduces documentation and related costs. Short summaries of allegations communicated to the respective State or other entity are included in the report, and the communications sent and responses received are accessible electronically through hyperlinks.

5. Communications are reproduced in the language in which they were sent. Replies received in Arabic, Chinese or Russian are included with translations into English, where available.

6. This report covers all urgent appeals and letters of allegations sent by special procedures mandate holders between 1 December 2010 and 31 May 2011 and all replies received between 1 February 2011 and 31 July 2011.

7. The report also includes replies received between 1 February and 31 July 2011, relating to communications sent by special procedures mandate holders before 1 December

2010. Some of these replies supplement information communicated earlier by the respective State.

8. In addition, as a transitional measure, the report also includes all communications sent and replies received by six mandates reporting to the eighteenth session of the Council, since they submitted their last communications reports individually to the fifteenth session of the Council in September 2010. This is to ensure full coverage given that the reporting period of this joint communications report is shorter than earlier reporting periods for individual mandates reporting to September sessions of the Council. The following mandates are concerned: Special Rapporteur on the situation of human rights in Cambodia; Special Rapporteur on the rights of indigenous peoples; Working Group on the use of mercenaries; Special Rapporteur on contemporary forms of slavery; Special Rapporteur on the human right to safe drinking water and sanitation; and Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes.

9. The present report contains urgent appeals sent by the Working Group on Arbitrary Detention and by the Working Group on Enforced or Involuntary Disappearances and joint

urgent appeals sent by them together with other mandates. It does not contain other types of communications issued by these mandates, processed according to their own distinctive procedures, which will continue to be reported exclusively in the annual reports of these two working groups.

10. The names of some alleged victims have been obscured in order to protect their privacy and prevent further victimization. Names of concerned individuals who were subject to victim protection measures are mentioned only when the concerned individual has expressively consented or requested to include his or her name in the public report. In the original communications, the full names of the alleged victims were provided to the Government concerned. Names of alleged perpetrators have systematically been blackened out in State replies to preserve the presumption of their innocence.

11. In preparing the statistics included in this report, uniform reporting periods have been used, reflecting all communications sent over a six-month period, between 1 December 2010 and 31 May 2011, and responses received in relation to these communications until 31 July 2011.

Communications and replies by mandate

Reporting period: 1 Dec 2010 to 31 May 2011 1 June 2006 to 31 May 2011

Mandate Communications

sent replied to by 31 July 2011

response rate

Communications sent

replied to by 31 July 2011

response rate

Adequate housing 7 3 50% 180 75 42%

Arbitrary detention + 86 37 43% 713 376 53%

Cambodia 3 0 0% 8 1 13%

Cultural Rights* 3 0 0% 4 1 25%

Disappearances + 25 8 32% 79 29 37%

Education 1 0 0% 56 30 54%

Food 7 5 71% 154 50 32%

Freedom of expression 102 41 40% 1415 693 49%

Freedom of peaceful assembly and of association** 3 2 67% 3 2 67%

Freedom of religion 30 16 50% 221 125 57%

Health 18 7 38% 179 88 49%

Human rights defenders 117 55 47% 1682 921 55%

Independence of judges and lawyers 40 23 58% 607 310 51%

Indigenous peoples 13 5 38% 192 101 53%

Mercenaries 9 2 22% 49 16 33%

Migrants 9 7 77% 112 69 62%

Minority issues 19 8 42% 69 39 56%

OPT 0 0 N/A 6 1 17%

Racism 3 2 67% 55 33 60%

Sale of children 0 0 N/A 37 14 38%

Slavery*** 2 2 100% 12 8 66%

Sudan 2 0 0% 9 0 0%

Summary executions 64 29 46% 596 282 47%

Terrorism 8 5 63% 103 51 49%

Torture 101 44 43% 1163 595 51%

Toxic waste 1 0 0% 26 14 54%

Trafficking 5 3 60% 44 24 55%

Violence against women 12 2 17% 252 128 51%

Water and Sanitation**** 1 0 0% 12 4 33%

Note 1: these figures do not include communications on standard cases sent to Governments by the Working Group on Arbitrary Detention and the Working Group on enforced or involuntary disappearances. Note 2: Totals are higher than the actual number of communications sent or replies received in the given period, as many communications are sent jointly by two or more mandate holders. * mandate established in March 2009 ** mandate established in October 2010 *** mandate established in September 2007 **** mandate established in March 2008

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II. Communications sent and replies received

A. Communications sent between 1 December 2010 and 31 May 2011 and replies received by 31 July 2011

12. Communications are sorted in chronological order. Copies of the full text of the communications sent and Government replies received may be accessed from the electronic version of this report available on the website of the Human Rights Council. Some names of individuals or other information have been rendered anonymous or otherwise unidentifiable.

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

01/12/10 JUA

BRA 7/2010

Brazil

Human rights defenders; Summary executions

Alleged assassination attempt of the head of the Associação dos Homens do Mar – AHOMAR. According to the information received, on 31 July 2010, Mr Alexandre Anderson de Souza and his wife, Ms. Daize Menezes de Souza, survived an apparent assassination attempt by two armed individuals. Mr de Souza is the head of AHOMAR, an organisation which aims to defend the rights of fisher folk in Rio de Janeiro, in particular those affected by the construction of a gas pipeline for the company Petrobras, which AHOMAR opposed. The alleged assassination attempt in July 2010 against Mr. Anderson de Souza followed the killing on 22 May 2009 of Mr. Paulos Santos Sousa, former Treasurer of AHOMAR. Reportedly, prior to this killing, other members of AHOMAR had received death threats. Furthermore, it was reported that Mr. Anderson de Souza had survived a previous assassination attempt on 1 May 2009.

01/12/10 JAL

IRQ 8/2010

Iraq

Terrorism; Torture

Alleged torture and ill-treatment by Iraqi security forces. According to the information received, there was extensive abuse of detainees by Iraqi security forces over a five-year period between 2004 and 2009, documented by forces of the United States of America. The information also suggests that such acts were conducted with impunity. Thousands of Iraqi nationals who had been detained by US forces were handed over from US to Iraqi custody between early 2009 and July 2010 under a November 2008 US-Iraq agreement that allegedly contains no provisions for safeguarding the detainees’ physical and mental integrity after the transfer. It is alleged that tens of thousands of detainees had been held by Iraqi authorities without trial.

12/01/11

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Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

01/12/10 AL

JAM 2/2010

Jamaica

Human rights defenders

Alleged discrimination against an LGBTI lobby group. According to the information received, on 16 November 2010 the Jamaica Forum for Lesbians, All-Sexuals and Gays (J- FLAG), was refused permission to hold a meeting regarding LGBTI issues and human rights at the Jamaica Pegasus hotel in Kingston. Reportedly, the Executive Director of J-FLAG was informed via a telephone call from the hotel’s Director of Sales and Marketing that due to the nature of the work carried out by J-FLAG, the Jamaica Pegasus Hotel was unwilling to allow the meeting to take place on its premises. It is alleged that this marked a change in policy on the part of the hotel, which had previously hosted groups including LGBTI persons. J-FLAG was the subject of an earlier communication (see E/CN.4/2005/101/Add.1, para 342).

31/01/11

01/12/10 JUA

PER 4/2010

Peru

Freedom of expression; Human rights defenders

Supuestos actos de hostigamiento y amenazas. Según las informaciones recibidas, la Sra. Carmen Rosa Arévalo Salas, miembro directriz de la Comisión de Justicia y Paz – Derechos Humanos del Vicariato Apostólico de Iquitos (CJPDHVAI), habría sido objeto de varias amenazas así como de actos de hostigamiento por parte de personas desconocidas. Entre el 13 de julio y 29 de agosto 2010, la Sra. Arévalo Salas habría recibido unas 40 llamadas telefónicas, siendo a través de las cuales amenazada y hostigada por personas desconocidas. El 22 de octubre de 2010, la Sra. Arévalo Salas habría sido hostigada al dirigirse hacia su domicilio tras haber salido de su oficina. La Sra. Arévalo Salas habría realizado varias actividades de defensa de los derechos humanos, y habría denunciado de manera sistemática los supuestos abusos contra la población por parte de funcionarios estatales.

02/12/10 JUA

COL 19/2010

Colombia

Human rights defenders; Summary executions

Presunto asesinato del líder de la Cooperativa de Trabajadores Agropecuarios de Blanquicet (COOTRAGROBLAN). Según las informaciones recibidas, el Sr. Óscar Maussa y COOTRAGROBLAN llevaban a cabo acciones de reclamación de tierras usurpadas por grupos paramilitares en Urabá, a través de varios procedimientos judiciales. El 24 de noviembre de 2010, el Sr. Maussa habría sido asesinado en la vereda Cañito del municipio de San Juan Nepomuceno, departamento de Bolívar. Según se informa, al ser descubierto, el cuerpo del Sr. Maussa se encontraba bocabajo y con las manos atadas. Previamente, el 1 de septiembre de 2006, la Comisión Interamericana de Derechos Humanos (CIDH) habría otorgado medidas cautelares a la familia del Sr. Maussa así como las de otros miembros de COOTRAGROBLAN, quienes habrían manifestado temor ante posibles represalias tras no ceder ante las presiones de los paramilitares que habían tomado posesión de sus tierras. El Sr. Maussa fue objeto de una comunicación anterior (ver A/HRC/7/28/Add.1, para 598).

24/02/10

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Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

03/12/10 JUA

MEX 29/2010

Mexico

Freedom of expression; Human rights defenders

Supuesta agresión relacionada con actividades de promoción y protección de los derechos humanos. Según las informaciones recibidas, el 24 de noviembre de 2010, la Sra. Margarita Guadalupe Martínez, integrante de la Organización Enlace, Comunicación y Capacitación, A.C (Enlace CC), habría sido interceptada y amenazada de muerte después de haber sostenido una entrevista con un funcionario de la Oficina en México del Alto Comisionado de las Naciones Unidas. La reunión habría tenido por objeto dar seguimiento a anteriores incidentes de amenazas y agresiones contra la Sra. Martínez. El 26 de febrero de 2010, la Sra. Martínez habría sido secuestrada y amenazada de muerte. En esta ocasión, sus agresores la habrían instando a que desistiera de la denuncia penal iniciada el 23 de noviembre de 2009 en contra de funcionarios del gobierno de Chiapas por los delitos de abuso de autoridad, allanamiento, tortura psicológica y amenazas con el agravante de muerte.

03/12/10 JUA

RUS 8/2010

Russian Federation

Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged judicial harassment of human rights activist. According to the information received, Mr. Oleg Orlov, chairman of human rights organization Memorial, was on 6 October 2009 found guilty of libel by the Tverskoy District Court of Moscow after having indicated his belief that Mr. Kadyrov, President of the Chechen Republic, or his administration, was responsible for the murder of Ms. Natalia Estemirova, the head of Memorial’s office in Grozny. Mr. Kadyrov subsequently lodged an administrative complaint against Mr. Orlov, claiming that the statement had damaged his “honour and dignity”. Having been found guilty, it is reported that Mr. Orlov was ordered to retract the statement and pay a personal fine of 20,000 rubles. Mr. Orlov was subsequently charged with the criminal offence of libel. Mr. Orlov was the subject of an earlier communication (see A/HRC/7/3/Add.1, para 184).

21/02/11

03/12/10 JUA

UKR 6/2010

Ukraine

Freedom of expression; Human rights defenders

Alleged attack against members of LGBTI organizations. According to the information received, on 20 November 2010, Insight organized a candlelight vigil, film exhibition and discussion on transgender issues, in cooperation with the Visual Cultural Centre, to promote the Transgender Day of Remembrance held in memory of those killed due to anti-transgender violence in Ukraine. While the film was being screened, a group of ten men wearing masks reportedly attempted to enter the Centre by force; however, they were denied entrance by the organizers of the event including Mr. Timur Lysenko, the coordinator of the transgender programme of Insight. The masked men consequently attacked and beat Mr. Lysenko and sprayed tear gas at those present, severely injuring Mr. Lysenko and Ms. Anastasia Medco, a representative of the NGO Fulcrum, among others.

21/02/11

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Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

07/12/10 JUA

CHN 29/2010

China

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged crackdown on human rights defenders in China following the awarding of the 2010 Nobel Peace Prize to Mr. Liu Xiabo. According to the information received, the following were arbitrarily arrested and/or detained: Wang Lihong, Wu Gan, and Zhao Changqing, Liao Shuangyuan, Wu Yuqin, Liu Suli, Hua Chunhui, Wang Yi, Li Hai, Guo Xianliang, Xu Zhiyong, Wang Lihong, Liu Jingsheng, Wang Guoqi, Wu Gan, He Yang, Xiao Lu, Tiantian, Gao Jian, Peng Mo, Zhang Yongpan, Zhao Fengsheng, Tiantian, Liu Qiangben, Shen Minqiang. The following were reportedly subject to restrictions on freedom of movement through the imposition of house arrests: Zhang Zuhua, Zhou Tuo, Pu Zhiqian, Fan Yafeng, Yu Jie, Ning Xuan, Hou Wenbao, Cui Weiping, and Xu Youyu. The following activists had reportedly been put under police surveillance or their freedom of movement had been restricted: Bao Tong, Liu Xia, Ding Zilin, Jiang Peikun, Jiang Qisheng, Hu Shigen, Gao Yu, Yu Meisun, Liu Suli, Liu Qiangben, Feng Zhenghu, Chen Tianshi, Yao Lifa, Chen Guangbiao, Gao Jian, Tiantian, Zhang Dajun, Zhang Jiannan, Liu Di, Liu Junning, Liu Ning, Li Xiongbing, Zhao Fengsheng, Wang Yi, Sun Wenguang, Qi Zhiyong, Wang Lihong, Li Zhiying, A Er, Wang Zhongxia, He Yang, Jiang Tianyong, Li Fangping, Xu Zhiyong, Zhao Changqing, Qang Guangze, Xia Yeliang, Zhang Hui, Wang Jinbo, and Mo Zhixu. Activists who were prevented from going abroad include Ai Weiwei, Mao Yushi, Liu Xiaoyuan, Cui Weiping, Mo Shaoping, He Weifang, Li Subin, Jiang Tianyong, He Guanghu, Liao Yiwu, Hao Jian, Zhang Boshu, Guo Yushan, Fang Cao, Wang Jinglong, Duan Qixian, Yu Fangqiang, Ding Ding, son of Ding Dong and Geng Xiaoqun. Activists forcibly returned to their hometowns included Liu Shasha, Wu Gan, Zhao Changqing, Hua Ze, Zhang Hui and Gao Jian, Mo Zhixu, Hou Wenbao, Chen Tianshi and Li Hai. The following were subject to acts of intimidation, notably through summons for questioning: Huang Yaling, Sun Wenguang, Ni Wenhua, Li Hongwei, Qin Zhigang, Xie Jinyu, Chen Xi, Mo Jiangang, Chen Defu, Shen Youlian, Xu Guoqing, Wang Zang, Wu Yuqin and Liao Shuangyuan, Wang Lihong,Ye Du, Cha Jianguo, Gao Hongming, Wang Guangze, Jiang Danwen, Yang Anliang, Wang Zhengwei, Li Chun, Zhang Wei, Wang Lihong, Zhao Changqing, Wu Gan, Xu Zhiyong, Liu Jingsheng, Wang Guoqi, He Yang, Zhang Yongpan, Yin Yusheng, Zhao Fengsheng, Bao Longjun, Liao Shuangyuan, Gao Jian, Wei Qiang, A Er, Xiao Lu, Tiantian, Sun Wenguang, Li Hongwei, Ni Wenhua, Qin Zhigang, Liu Guiqin, Jie Jinyu, Hou Zonglan, Gao Xiangming, Li Wanlong, Gong Lei, Chen Qingquan, Li Changyu, Li Shijun, Chen Xi, Huang Yanming, Du Heping, Shen Youlian, Xu Guoqing, Li Renke, Duan Qixian, Zhang Wei, Zan Aizong, Zhu Xinxin, Ye Du, and Chen Xiaochang. Other activists who were warned not to celebrate or spread the news

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Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

that Liu Xiabo was awarded the Nobel Peace Prize included Yang Hai, Zhang Jiankang, Wang Debang, Wen Kejian, Li Jianjun, Zhang Shanguang, Mei Chongpiao, Mo Jiangang, Tian Zuxiang, Yong Zhiming, and You Jingyou. The internet access of Liu Xiabo’s wife, Liu Xia, was reportedly interrupted by the authorities, and her cell phone service blocked.

07/12/10 JUA

GEO 2/2010

Georgia

Arbitrary detention; Human rights defenders; Torture

Alleged arbitrary detention and mistreatment. According to the information received, Mr. Suleyman Barbakadze, Chair of the International Society of Meskhetian Turks, was arrested in the city Akhaltcikhe on 26 July 2010, and later charged with committing an economic- related crime. On 28 July 2010, Mr. Barbakadze was reportedly transferred to Tbilisi where he was held in investigative detention. The office of the prosecutor and the court had reportedly rejected Mr. Barbakadze’s release on bail, despite the existing practice of release on bail for charges of economic-related crimes. Mr. Barbakadze’s relatives reportedly had no contact with him. It is further reported that charges brought against Mr. Barbakadze were reassessed to include new charges since the investigation reportedly failed to establish any evidence in connection with charges initially brought against him. Mr. Barbakadze’s health condition had reportedly deteriorated while in detention.

07/12/10 AL

UKR 7/2010

Ukraine

Freedom of religion

Alleged attacks against and non- recognition of the Ukrainian Autocephalous Orthodox Church Canonical (UAOC-C). According to the information received, public authorities denied registration of the UAOC-C communities in Ukraine, which had made it impossible for them to obtain a plot of land, rent premises and hold public religious services. In October 2009, members of the Security Service of Ukraine and of the Ministry of Internal Affairs allegedly threatened Patriarch Moses (O.I. Koulik) with physical intimidation and murder. On 7 November 2009, members of the Ministry of Internal Affairs and the Deputy Public Prosecutor of Uzhgorod city allegedly raided the temple of the Holy Trinity in Uzhgorod, beat the clergymen and believers of the UAOC-C community and took the keys of the church. On 13 July 2010, clergymen of the Ukrainian Orthodox Church of the Kyiv Patriarchate (UOC- KP) reportedly beat the pastors and believers of the UAOC-C community in Uzhgorod and seized the church.

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Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

08/12/10 JUA

EGY 14/2010

Egypt

Migrants; Summary executions; Trafficking

Alleged hostage taking of migrants by traffickers in Sinai. According to the information received, approximately 260 migrants from Eritrea, Sudan and Ethiopia were held hostage for over a month in Sinai near the Israeli border, in extremely degrading and inhumane conditions. Reportedly, the traffickers were demanding a payment as a condition of release and ongoing journey to Israel. On 28 November 2010, three Eritrean hostages were reportedly killed by gunshot after their family members confirmed that they were unable to make the payment to the traffickers. On 29 November 2010, another three Eritrean hostages reportedly died after being beaten with sticks and tortured by the traffickers for attempting to escape.

17/12/10

08/12/10 UA

ITA 7/2010

Italy

Human rights defenders

Alleged threats and intimidation related to human rights activities. According to the information received, on 22 November 2010 Mr. Roberto Malini, co-president of EveryOne Group, an organisation which works to promote the rights of minorities, including Roma people and refugees, was subjected to threats and intimidation by two unknown individuals in the city of Treviglio. Mr. Malini, along with other members of EveryOne Group, had allegedly been followed and subjected to similar acts of intimidation on numerous occasions. Legal proceedings against the EveryOne Group remained pending in two cases, on charges of ´falsely accusing others of the commission of a crime’ and defamation, in relation to a letter in which the Group denounced alleged discrimination against Roma persons by the Pesaro social services, and the denunciation of alleged discrimination against a Roma woman by a hospital in Pesaro respectively. Mr. Malini was the subject of an earlier communication (see A/HRC/16/44/Add.1, para 1348).

10/12/10,

06/01/11

08/12/10 AL

OTH 5/2010

Other (European Union)

Health Alleged negative impact on access to medicines by the proposed EU-India free trade agreement. According to the information received, the EU and India have been negotiating a free trade agreement for years. If India would enter into a free trade agreement with the EU including TRIPS-plus provisions, its ability to produce generic medicines for domestic and international consumption would reportedly be restricted. As a result, millions of people in India and around the world – in particular people living with HIV, who are dependent on generic medicines produced in India – would allegedly lose access to necessary medicines.

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Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

09/12/10 AL

CHL 4/2010

Chile

Indigenous peoples

Presunta violencia y represión contra miembros del pueblo Rapa Nui. Según las informaciones recibidas, el 3 de diciembre de 2010, aproximadamente 45 efectivos policiales desalojaron a miembros de la familia Tuko Tuki, quienes ocupaban una propiedad en Hanga Roa, la capital de la Isla de Pascua. El clan Tuko Tuki reclama dicha propiedad, actualmente a nombre de un propietario privado, como parte de su tierra ancestral. Tres personas Rapa Nui fueron detenidas: Roberto Ika Pakarati, Verenca Ika Pakarati y Margarita Pakarati Tuki. Un grupo de aproximadamente veinticinco Rapa Nui intentaron reingresar al terreno desalojado y fueron repelidas por los carabineros con balines, resultando heridas diecisiete personas, incluyendo el Sr. Nui Leviante Araki, presidente del Parlamento Rapa Nui. El pueblo Rapa Nui fue objeto de una comunicación anterior (ver mas abajo, CHL 1/2010). Supuestamente, el 29 de diciembre de 2010 ocurrieron nuevos actos de desalojo, esta vez en contra de aproximadamente 70 personas Rapa Nui que ocupaban pacíficamente la plaza Riro Kainga en el centro de Hanga Roa, ver carta de seguimiento enviada por el Relator Especial el 10 de enero de 2011 (ver mas abajo CHL 0/2011).

04/01/11,

25/01/11

09/12/10 AL

HND 9/2010

Honduras

Summary executions

Supuestos asesinatos en relación a los conflictos agrarios en el Bajo Aguán. Según la información recibida, el 30 de octubre de 2010, en la colonia Felipe Zelaya del sector Rivera Hernández, perteneciente a la ciudad de San Pedro Sula, departamento de Cortés, habría tenido lugar el asesinato de catorce personas por hombres encapuchados, armados con fusiles. Los hombres habrían descendido armados de varios vehículos y comenzado a disparar contra los jóvenes que jugaban al fútbol. El 15 de noviembre del 2010, cinco miembros del Movimiento Campesino del Aguán (MCA) habrían sido asesinados en la finca El Tumbador en el sector de Trujillo. Se habría confirmado la muerte de las siguientes personas: Teodoro Acosta, Raúl Castillo, Ignacio Reyes, Siriaco de Jesús Muñoz y José Luis Sauceda. Los asesinatos habrían ocurrido cuando aproximadamente 200 guardias de seguridad realizaban un desalojo violento en la finca El Tumbador. Los conflictos agrarios en el Bajo Aguán fueron objeto de una comunicación anterior (ver A/HRC/17/28/Add.1, página 123)

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09/12/10 JAL

CHE 2/2010

Switzerland

Migrants; Racism

Allégations d’atteinte aux principes de non discrimination et d’égalité devant la loi, et de recours à des messages à caractère raciste dans le contexte de la votation populaire du 28 novembre 2010. Selon les informations reçues, l’initiative populaire «Pour le renvoi des étrangers criminels» proposée par l’Union Démocratique du Centre (UDC) a été approuvée par 52,9% des votants. L’initiative prévoit notamment que les étrangers sont privés de leur titre de séjour et de tous leurs droits à séjourner en Suisse s’ils ont été condamnés par un jugement entré en force pour meurtre, viol, ou tout autre délit sexuel grave, ou pour un acte de violence d’une autre nature; ou s’ils ont perçu abusivement des prestations des assurances sociales ou de l’aide sociale. En outre, l’UDC aurait eu recours, dans ce contexte, à des affichages publicitaires contenant des messages à caractère raciste.

15/02/11

10/12/10 AL

MYS 1/2010

Malaysia

Trafficking Allegations that the Anti-Trafficking in Persons Act does not adequately protect the rights of victims. According to the information received, the Anti-Trafficking in Persons (Amendment) Act 2010 (ATIP Act) limits the crime of trafficking to those situations in which a person is exploited by means of “coercion”. Further, smuggled migrants are specifically excluded from protection or assistance available to trafficked persons under the ATIP Act, unless "the smuggled migrant is a trafficked person". Furthermore, the amended ATIP Act allegedly contains no provisions ensuring that smuggled migrants are treated in accordance with international human rights law during interception, detention, and deportation proceedings. Finally, the anti-smuggling amendments to the ATIP Act do not recognize the specific protection needs of refugees and asylum seekers.

08/02/11

10/12/10 UA

SWE 2/2010

Sweden

Torture Alleged deportation of HIV-positive rape victim. According to the information received, Ms. X, born in 1985, from Equator, Katanga in the Democratic Republic of Congo (DRC), was tortured and raped by soldiers in 2003, and was later diagnosed as HIV-positive. Ms. X reportedly fled to Sweden on 7 November 2003. In 2005, the Migration Board of Sweden reportedly took a negative decision about granting her refugee status. Ms. X’s lawyer reportedly appealed the decision both in view of Ms. X’s need for extensive HIV treatment and substantial grounds for believing that she would be in danger of being subjected to ill- treatment. Allegedly, on 9 December 2010, the Migration Board issued a decision to forcibly return Ms. X to the DRC, and she was taken to a detention center awaiting her deportation scheduled for 10 December 2010.

14/01/11,

18/04/11

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13/12/10 JUA

GTM 8/2010

Guatemala

Freedom of expression; Human rights defenders

Presunto ataque contra sindicalista. Según las informaciones recibidas, en la madrugada del día 28 de octubre de 2010, dos hombres en un ciclomotor habrían realizado varios disparos contra el Sr. Mateo Bernabé López Pérez. El Sr. López Pérez, Secretario General del Sindicato de Trabajadores de Salud de Malacatán, miembro del Sindicato Nacional de Trabajadores de la Salud de Guatemala (SNTSG) y también del Frente Nacional de Lucha (FNL), se dirigía a tomar el transporte público en el municipio de Catarina, San Marcos, hacia la Ciudad Guatemala para participar en la asamblea general ordinaria del SNTSG. Como resultado del ataque, el Sr. López Pérez habría recibido cinco impactos de bala que no habrían afectado ningún órgano vital. A principios del año 2010, el Sr. López Pérez habría denunciado varios casos de corrupción en los que habría estado presuntamente implicado el Director del hospital de Malacatán.

23/12/10

15/12/10 JUA

PER 5/2010

Peru

Freedom of expression; Human rights defenders

Presuntas amenazas a activistas de derechos humanos. Según las informaciones recibidas, el 19 de noviembre de 2010 el Sr. Pepe Julio Gutiérrez Zevallos, Presidente del Frente de Defensa del Valle del Tambo, habría sido denunciado por el Procurador de la República ante el Fiscal de Islay, a raíz de su participación en la promoción de una movilización contra la Minera “Tía María”. Desde el 9 de abril de 2009, varias organizaciones habrían re-iniciado manifestaciones establecidas en 2008 en contra de varios decretos gubernamentales por considerar que éstos atentan contra el derecho de la población afectada a ser consultada sobre el uso de sus tierras y que vulneran los derechos humanos por su impacto medioambiental. Además, el 2 de diciembre de 2010, se habría prendido fuego al vehículo del Sr. Gutiérrez Zevallos frente a su domicilio. Antes de este hecho, los dirigentes del Frente de Defensa del Valle del Tambo habrían recibido varias amenazas así como apremios legales.

15/12/10 AL

LKA 7/2010

Sri Lanka

Summary executions

Allegations of extra-judicial executions committed by members of Sri Lankan army. A video footage allegedly shows the bodies of about nine men lying dead on the ground. It further depicts, what appear to be, members of the Sri Lankan Army shooting and killing at close range two bound and blind-folded men. The video footage also shows the naked bodies of several women and some of the soldiers are seen removing the clothes covering their bodies. The footage captures the faces of some of the perpetrators and shows someone in uniform recording the incident via a mobile phone. The video footage appears to document the same incident which was the subject of an earlier communication sent by the former Special Rapporteur, Mr. Philip Alston (see A/HRC/14/24/Add.1, page 255). However, the new footage is longer than the previous footage and runs for about 5 minutes and 25 seconds. It is alleged that the killings took place during military operations in or around Kilinoch.The Special Rapporteur conducted a technical assessment to establish the authenticity of the video, see A/HRC/17/28/Add.1, Appendix 1.

12/02/11

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15/12/10 JUA

UZB 8/2010

Uzbekistan

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged arrest and detention of human rights defenders. According to the information received, on 25 November 2010, Ms. Gulshan Karaeva and Mr. Nodir Akhatov, members of the Karshi branch of the “Human Rights Society of Uzbekistan”, were arrested while observing a demonstration outside the building of the National Security Service (SNB) in Karshi. They were subsequently brought to the Karshi City Police Department. It is alleged that during their interrogation, police officers attempted to force Ms. Karaeva and Mr. Akhatov to admit involvement in organising the protest. They were subsequently released without charges; however, the police officers allegedly issued a threat to both individuals and their families. Subsequently, on 27 November 2010, Ms. Karaeva and Mr. Akhatov were reportedly summoned to the Prosecutor’s office where they were subjected to further interrogation.

14/01/11

16/12/10 JUA

SAU 9/2010

Saudi Arabia

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arbitrary detention of human rights activist. According to the information received, Mr. Mohamed bin Abdullah bin Ali Al-Abdulkareem, professor of law, was arrested at his home on 5 December 2010 by agents of the general intelligence directorate, and detained in Al Hayr prison, near Riyadh. Mr. Al-Abdulkareem is a member of the Association for Civil and Political Rights and the Arab Organisation for Liberties and Good Governance and editor in chief of the Journal of the National Congress. Reportedly, the agents did not possess a warrant, nor did they inform Mr. Al-Abdulkareem of the reasons for his arrest. Reportedly, Mr. Al-Abdulkareem had been able to contact his wife via telephone since his arrest, and informed her of his whereabouts.

17/12/10 AL

CZE 1/2010

Czech Republic

Trafficking Alleged negative impact of recent amendments to the Criminal Code on combating trafficking in persons. According to the information received, on 1 January 2010, section 368 of the Criminal Code was amended, so that a “duty to report” applies to the crime of human trafficking and the crime of depriving personal freedom. The “duty to report” allegedly prevents NGOs and other service providers assisting trafficked persons from building a relationship of trust and confidence with trafficked persons. Further, it allegedly discourages certain communities such as a migrant community from reporting possible cases of human trafficking to NGOs, as they may wish to avoid contact with the law enforcement authorities for reasons related to their immigrant status.

03/03/11

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17/12/10 JUA

IRQ 9/2010

Iraq

Summary executions; Terrorism

Allegation that detainees suspected of having links with al-Qa’ida linked groups could be executed. According to information received, on 2 December 2010 the Ministry of Interior convened a press conference where Government officials paraded about 39 detainees suspected of having rejoined al-Qa’ida linked groups after their release from prison. Some of those detained were suspected of having links with Iraq’s al-Qa’ida branch known as “State of Iraq” (ISI), including Mr. Azim al-Zawi, reportedly the third-highest leader of the ISI, Mr. Ahmed Hussein ‘Ali, known as the “Mufti of Anbar” and Mr. Abdul Razzaq, the organization's alleged media chief. Allegedly, at the press conference, the Minister of Interior said “today, we will send these criminals and the investigation results to the courts that will sentence them to death. Our demand is not to delay the carrying out of the executions against these criminals [in order] to deter terrorist and criminal elements”.

11/03/11

17/12/10 AL

THA 8/2010

Thailand

Indigenous peoples

Alleged non-return of exhumed bodies from Hmong graves at Wat Tham Krabok. According to the information received, Hmong have repeatedly sent delegations to dialogue with Government officials in order to achieve a resolution of the pending issues concerning the return of the exhumed bodies. The relatives of the deceased Hmong and members of the Hmong communities worldwide have made specific requests to the Thai Government and Thai foundations in possession of the remains of the exhumed bodies for what they would consider to be an acceptable solution to their grievances. This situation was the subject of earlier communications (see A/HRC/12/34/Add.1, para 404-429).

11/07/11

20/12/10 AL

COL 21/2010

Colombia

Mercenaries Alleged training of paramilitary groups and drug cartels. According to the information received, Mr. Yair Klein, a former Lieutenant-Colonel in the Israel Defence Force, had established a private military and security company that trained right-wing paramilitary groups and drug cartels involved in killings in Colombia during the 1980s. In 2001, he was tried in absentia by the Criminal Court of the Manizales District in Colombia, found guilty of providing training to paramilitary groups and drug traffickers, and sentenced to fourteen years’ imprisonment. Mr. Klein was arrested in Moscow in August 2007 and the Colombian authorities sought his extradition. However, the European Court of Human Rights ruled that the extradition would violate art. 3 of the European Convention of Human Rights. According to reports, Mr. Klein was released from prison in Moscow and returned to Israel in November 2010.

08/02/11

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20/12/10 AL

ISR 15/2010

Israel

20/12/10 JAL

NGA 7/2010

Nigeria

Summary executions; Torture

Allegations of torture and killing of children suspected of witchcraft. According to the information received, children in Akwa Ibom State are accused of witchcraft by self proclaimed “prophets” of spiritual churches (including the Liberty Foundation Gospel Ministries), parents and local communities. Children deemed to be witches are subjected to an exorcism exercise and undergo various forms of physical torture. Some of the children die from the injuries sustained during the exorcism exercise. In August 2010, the State Governor allegedly accused Mr. Sam Itauma, the coordinator of an NGO known as Child Rehabilitation Network (CRARN) established to care for children accused of witchcraft, of exploiting the situation in order to make money. It is reported that gunmen fired shots at the CRARN facility. Mr. Sam Itauma had been said to be hiding, fearing for his life.

20/12/10 AL

RUS 9/2010

Russian Federation

Independence of judges and lawyers

Alleged patterns of intimidation and acts of violence against lawyers. According to the information received, there have been reports of acts of interference and violence against lawyers being perpetrated by law enforcement forces and security officials in the North Caucasus region. Lawyers who are known for defending human rights cases are said to be targeted. In April 2010, Mr. Sergei Kvasov, a lawyer in Dagestan, was allegedly assaulted and beaten by four persons wearing a mask in the centre of the city of Makhachkala. On 7 October 2010, Ms. Zinfira Mirzaeva, a lawyer in Dagestan, was allegedly forcibly and illegally detained by two local police officers while taking pictures to collect evidence on the scene of an alleged case of theft involving her client.

21/02/11

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20/12/10 JUA

RUS 10/2010

Russian Federation

Human rights defenders; Torture

Alleged raid on the premises of, and subsequent attack against human rights activist. According to the information received, on 7 December 2010, security officers entered and searched the apartment of Mr. Bakhrom Khamroev, member of Human Rights Centre “Memorial”. Later the same day, Mr. Khamroev was approached by men in plain clothing who refused to be identified, who checked Mr. Khamroev’s identity card, as well as that of an Uzbek journalist who was accompanying him. Soon afterwards, a group of security officials disembarked from a red minibus which had been parked near the apartment building. One of the officials attacked Mr. Khamroev and beat him until he lost consciousness. Further to examination at the hospital, medical reports revealed that Mr. Khamroev suffered a concussion and heavy bruising.

20/12/10 JUA

UZB 7/2010

Uzbekistan

Arbitrary detention; Human rights defenders; Torture

Alleged detention and torture of an advocate of freedom of religion. According to the information received, on 5 September 2009, Mr. Gaybulla Djalilov was arrested and accused of conspiracy to bomb Karshi airport and the military base of Khanabad. Mr. Djalilov is a member of the Karshi branch of the Human Rights Society of Uzbekistan and an advocate of freedom of religion in the country. Kashdakar Regional Court sentenced Mr. Djalilov to nine years imprisonment on 18 January 2010, for "establishment of a criminal association", "production or dissemination of materials constituting a threat to public security and public order" and "founding, leading and participating in religious extremist, separatist, fundamentalist and other forbidden organisations". Mr. Djalilov’s health reportedly seriously deteriorated since the beginning of his detention. Furthermore, it is alleged that during the summer of 2010, Mr. Djalilov received a heavy blow in the ear with a baton having refused to sing the Uzbek National Anthem with other prisoners. Mr Djalilov was the subject of an earlier communication (see E/CN.4/2006/55/Add.1, para 1083).

15/03/11

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22/12/10 JUA

BLR 1/2010

Belarus

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged arbitrary detention and torture related to the presidential elections of 19 December 2010. According to the information received, a number of political figures, journalists and human rights defenders, including those associated with the “Human Rights Defenders for Free Elections” campaign, an initiative of the human rights organisation “Viasna”, were arrested and detained during the night of 19-20 December 2010. Opposition candidate Mr. Vladimir Neklyayev was reportedly beaten by unidentified men, hospitalised as a result of his injuries, and later abducted from his hospital bed. Other presidential candidates who were arrested included Andrey Sannikov, Vitaliy Romashevskiy, Nikolay Statkevich and Grigoriy Kostusev. The police allegedly seized the equipment of the following journalists and deleted their photographs and recordings: Mr. Dmitry Lukashuk, Ms. Yelena Yakzhik, Ms. Yulia Doroshkevich, Mr. Andrei Lenkevich, and Mr. Anton Taras. Mr. John Hill, a New York Times reporter was reportedly hit in the face when he attempted to show his press pass to the riot police. Mr Aleh Gulak, Chair of the Belarusian Helsinki Committee was reportedly arrested and detained by riot police. Members of “Viasna” Valiantsin Stefanovich, Uladzimir Labkovich, Andrey Paluda, Zmitser Salaueu, Uladzimir Mikalaeu, Aleg Zhlutka, Kanstantsin Staradubets, Vital Charniauski and Ms Nasta Loyka were allegedly arrested. Ms Natalia Radina, chief editor for Charter 97 was arrested and brought to the State Security Agency. Mr. Dimitry Bondarenko coordinator of the civic campaign ¨European Belarus was arrested and detained in at a KGB prison. Other human rights defenders allegedly arrested included Vladimir Loyko, Siarhei Sys, and Dmitri Solovyov.

10/01/11, 19/01/11

22/12/10 JUA

COL 20/2010

Colombia

Freedom of expression; Human rights defenders

Supuestas amenazas contra integrantes de varias organizaciones de derechos humanos en el Valle del Cauca. Según las informaciones recibidas, el 10 y 11 de diciembre del 2010, varias organizaciones habrían recibido amenazas de muerte, supuestamente provenientes del grupo paramilitar “Águilas Negras” después de haber llevado a cabo actividades en conmemoración del día internacional de los derechos humanos. La primera amenaza habría llegado al teléfono de la Sra. Martha Lucia Giraldo, promotora del Capítulo Valle del MOVICE. Otro mensaje proveniente del mismo número habría llegado al teléfono de la Sra. Cristina Castro, integrante del CSPP y de la Red de Hermandad y Solidaridad con Colombia, el cual habría amenazado de muerte a integrantes de MOVICE, ECATE, FSCPP y grupos LGBT, entre otros, acusándoles de ser guerrilleros. Además, las Sras. Berenice Celeyta, directora de la Asociación NOMADESC y Aída Quilcué, ex consejera mayor del Concejo Regional Indígena del Cauca y anterior vocera del proceso Minga de Resistencia Social y Comunitaria, habrían asimismo recibido un mensaje similar al anterior. Estas organizaciones y sus integrantes fueron objeto de comunicaciones anteriores (ver A/HRC/16/44/Add.1 para 602).

15/04/11

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23/12/10 JUA

EGY 15/2010

Egypt

Arbitrary detention; Disappearances; Freedom of expression; Torture

Alleged arbitrary detention/enforced disappearance of a human right activist. According to the information received, since 3 December 2010, Mr. Ayman Ahmed Salem Mohamed (born 1969) had been publishing several online political opinions criticising the current regime in Egypt. On 9 December 2010, Mr. Salem and some close relatives were allegedly arrested by agents of the Egyptian Security Services. Reportedly, the security agents did not present an arrest warrant, nor did they inform Mr. Salem and his family of the reasons for their arrest. Mr. Salem’s relatives were immediately separated from him following their arrest, and were later released on 11 December 2010. Mr. Salem’s fate and whereabouts reportedly remained unknown. Mr. Salem’s family was unable to obtain information from either the Egyptian Military Intelligence or the Egyptian Military Forces who allegedly have denied Mr. Salem’s detention and refused to provide any information about his whereabouts or fate.

23/12/10 JUA

IRN 35/2010

Iran (Islamic Republic of)

Arbitrary detention; Human rights defenders; Independence of judges and lawyers; Torture

Alleged arrest and detention of lawyer and human rights activist. According to the information received, Ms. Nasrin Sotoudeh, a lawyer and prominent human rights activist, had been held in solitary confinement since her arrest on 4 September 2010. She reportedly resumed her hunger strike on 4 December 2010. On 17 December, she was reportedly transferred to the clinic of Evin prison in a critical condition. Ms. Sotoudeh was the subject of an earlier communication (see A/HRC/16/44/Add.1, para 1272).

23/12/10 JUA

PAK 16/2010

Pakistan

Arbitrary detention; Independence of judges and lawyers; Summary executions; Torture

Alleged arbitrary detention, torture and imposition of death sentence. According to the information received, on 30 August 1990, Mr. Sarabjit Singh was arrested on the border between India and Pakistan by the Pakistani security forces on charges of espionage for the Government of India and involvement in the bomb blasts in Faisalabad and Lahore. Allegedly, this was a case of mistaken identity, and Mr. Singh was presented with no warrant for his arrest. Mr. Sing’s fate and whereabouts were unknown for 9 months, and he was allegedly forced to sign a confession statement. Reportedly, from 1991 until 2003 Mr. Singh was held in solitary confinement and subjected to ill-treatment. On 3 October 1991, Mr. Singh was sentenced to death. The trial was conducted in English, which Mr. Singh does not understand, and his appeals were dismissed. In 2008, the President confirmed the death sentence. Mr. Singh’s execution was reportedly set for 30 April 2008, but was indefinitely deferred following intervention by the Prime Minister of Pakistan. Mr. Singh remained detained in Central Jail Kot Lakhpat, Lahore. He reportedly suffers from various infections and diseases, and had been denied access to medication and medical treatment.

30/12/10,

08/04/11

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23/12/10 JUA

RUS 11/2010

Russian Federation

Human rights defenders; Independence of judges and lawyers

Alleged ill-treatment by police officers and criminal investigation against a human rights lawyer. According to the information received, there had been a lack of progress in the criminal investigations regarding the alleged assault against Ms. Sapiyat Magomedova, human rights lawyer, by officers of the Khasavyurt Police Station on 17 June 2010. However, the criminal investigation against Ms. Magomedova for alleged “public insult of a State official while on duty” continued. Ms. Magomedova was the subject of earlier communications (see A/HRC/16/52/Add.1, paras 181 and 183).

29/03/11

23/12/10 AL

RUS 12/2010

Russian Federation

Health Alleged shortages and interruptions in anti-retroviral (ARV) treatment. According to the information received, nineteen Russian citizens living with HIV/AIDS suffered from interruptions in their ARV treatment due to unavailability of drugs in 2010. There have allegedly been major documented delays in delivery and shortage of essential ARV drugs in health-care facilities in Arkhangelsk, Kaliningrad, Moscow, Moscow Region, St. Petersburg, Samara, Saratov, Tula, Ulyanovsk, Vladimir and other regions of the Russian Federation. It is further alleged that interruptions in ARV treatment of one month or longer were reported in fifteen prisons.

23/12/10 AL

RUS 13/2010

Russian Federation

Health Alleged denial of access to drug-dependence treatment programs. According to the information received, drug-dependence treatment programs in penitentiary, public and private health facilities require immediate and permanent cessation of drug use, which have proved to be ineffective in many cases, impeding long-term rehabilitation of persons who use drugs. It is alleged that persons who use drugs are continuously denied Opioid Substitution Treatment (OST). It is further alleged that the unavailability of OST has prevented those persons from accessing and using the effective method of treatment against drug dependence, and led to the deterioration of their state of health.

23/12/10 UA

YEM 6/2010

Yemen

Summary executions

Alleged imposition of the death penalty on two minors. According to the information received, the Penal Code of Yemen prohibits the use of the death penalty against all persons below the age of 18, but courts do not consistently apply this legislation. Mr. Fuad Ahmed Ali Abdulla was allegedly sentenced to death penalty on the charges of murder, allegedly committed in June 2004, when he was 16 or 17 years old. Mr. Muhammed Taher Thabet Samoum has also been convicted of murder, allegedly committed in May 2002. In the absence of a birth certificate, it is unclear how the court determined his age, and Mr. Samoum maintains that he was around fifteen years old at the time of the offence. His death sentence had been ratified by the President and he would be at imminent risk of execution.

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28/12/10 JUA

GTM 9/2010

Guatemala

Human rights defenders; Summary executions

Presunto secuestro y asesinato de defensora de derechos humanos. Según las informaciones recibidas, la Sra. Emilia Quan, socióloga e investigadora del Centro de Estudios y Documentación de la Frontera Occidental de Guatemala (CEDFOG), habría colaborado con las Naciones Unidas en el marco de su trabajo como investigadora. El 7 de diciembre de 2010, la Sra. Quan habría sido secuestrada en Paquix, Huehuetenango, junto con el señor Víctor López, conductor de la organización, cuando se desplazaban hacia Chiantla en un vehiculo de CEDFOG. Este vehiculo habría sido interceptado por hombres fuertemente armados. El Sr. López habría sido posteriormente encontrado golpeado y amordazado en los Llanos de San Miguel del municipio de San Juan Ixcoy. Al día siguiente, 8 de diciembre, el cuerpo de la Sra. Quan habría sido encontrado sin vida en el municipio de Todos Santos Cuchumatán, Huehuetenango.

24/01/11

26/01/11

28/12/10 JUA

MEX 30/2010

Mexico

Freedom of expression; Human rights defenders; Summary executions; Violence against women

Presunto asesinato de defensora de los derechos de las mujeres de Ciudad Juárez.

Según las informaciones recibidas, desde el día 8 de diciembre de 2010, la Sra. Marisela Escobedo Ortiz se manifestaba pacíficamente frente al Palacio de Gobierno de Estado de Chihuahua exigiendo justicia por la muerte de su hija, Rubí Marisol Frayre Escobedo, la cual habría sido asesinada a los 16 años en Ciudad Juárez por su pareja sentimental. El 16 de diciembre de 2010, un grupo de hombres habría llegado a la plaza principal de la ciudad de Chihuahua, se habría acercado a la Sra. Escobedo Ortiz y uno de los hombres le habría disparado en la cabeza causándole la muerte. Días antes de este suceso, la Sra. Escobedo Ortiz habría recibido amenazas, por parte de la pareja sentimental de su hija y de la familia de ésta, conminándola a desistir de su reclamo de justicia.

28/12/10 AL

NZL 1/2010

New Zealand

Health Alleged discrimination against persons who are living with HIV/AIDS. According to the information received, applicants for temporary entry (longer than six months) to New Zealand must be evaluated by Immigration New Zealand to determine whether they are of “acceptable standard of health”. It is alleged that applications for entry from persons living with HIV/AIDS are rejected on the basis of their health status and because those applicants are “likely to impose significant costs or demands on New Zealand’s health services”. Allegedly, applicants who provided additional information of stable health condition and financial viability were still denied entry visa to New Zealand or were asked to apply for a medical waiver, for which they were ineligible.

28/02/11

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29/12/10 JUA

MRT 3/2010

Mauritania

Arbitrary detention; Human rights defenders; Independence of judges and lawyers; Slavery; Torture

Allégation de détention arbitraire et de mauvais traitements. Selon les informations reçues, après avoir signalé au préfet de la commune d’Arafat le cas de deux filles mineures prétendument contraintes de travailler comme domestiques, M. Biram Ould Dah Ould Abeid, président de l’Initiative pour la Résurgence du Mouvement Abolitionniste en Mauritanie (IRA Mauritanie), aurait été frappé à coups de matraques par plusieurs policiers. Blessé à la tête et à la jambe, M. Ould Dah Ould Abeid aurait ensuite été conduit à l'hôpital. A sa sortie d’hôpital, il aurait été placé en garde à vue au commissariat d'Arafat. Ni sa famille ni son avocat n’auraient été autorisés à lui rendre visite. M. Dah ould Boushab, M. Mouloud ould Boubi, M. Ali ould Boubarak Fall, M. Sheikh ould Abidin ould Salem et M. Bala Touré, tous collègues de M. Ould Dah Ould Abeid appartenant à l’IRA Mauritanie, auraient également été arrêtés. Le cas de M. Ould Dah Ould Abeid a fait l’objet de communications antérieures (voir A/HRC/16/44/Add.1, para 1514 et 1528).

10/02/11

29/12/10 JUA

COD 16/2010

Democratic Republic of the Congo

Arbitrary detention; Freedom of expression; Independence of judges and lawyers; Torture

Allégation de détention arbitraire, d’agression et d’enlèvement liés à l’exercice des droits à la liberté d’opinion et d’expression. Selon les informations reçues, le 17 décembre 2010, M. Robert Shemahamba, journaliste et animateur radio, aurait été arrêté par l’Agence nationale de renseignements (ANR) d’Uvira et détenu dans des conditions déplorables. Il serait reproché à M. Shemahamba d'avoir animé le 12 décembre 2010 une émission au cours de laquelle M. Dominique Kalonzo aurait abordé des sujets d’actualité de manière critique. Suite à l’émission, M. Kalonzo, craignant pour sa vie, serait entré en clandestinité. Quelques jours plus tard, il aurait été arrêté par des agents de l’ANR à Uvira qui l’auraient menotté et trainé sur le sol, avant de le rouer de coups sur diverses parties de son corps. M. Kalonzo aurait été admis à l’hôpital inconscient, puis aurait été enlevé par deux individus.

30/12/10 JUA

IRN 36/2010

Iran (Islamic Republic of)

Arbitrary detention; Freedom of religion; Summary executions

Alleged detention and death sentence on charges of apostasy. According to the information received, Mr. Behrouz Sadegh-Khanjani, the Chair of the Pastoral Council of the Church of Iran, had been held in a security prison in Shiraz since June 2010 on charges of apostasy. In the period between his arrest and late November 2010 Pastor Khanjani was given access to his attorney only once. During most of his imprisonment he was held in solitary confinement. Mr. Yousef Nadarkhani, a 33-year-old member of the Church of Iran ministry and pastor in the northern city of Rasht, had been in prison in Lakan since 12 October 2009. On 21 and 22 September 2010, Mr. Nadarkhani was put on trial, found guilty and given a death sentence. An appeal was filed by Mr. Nadarkhani’s lawyer on 5 December 2010. Unless the appeal proves successful, Mr. Nadarkhani is to be executed by hanging for the crime of apostasy.

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30/12/10 JUA

IRN 37/2010

Iran (Islamic Republic of)

Arbitrary detention; Independence of judges and lawyers; Summary executions; Torture

Alleged solitary confinement and imposition of the death penalty on the charge of moharebeh (enmity against God). According to the information received, Mr. Habibollah Latifi, a law student at Azad University, was arrested by security forces on 23 October 2007. During the investigation process he was allegedly subjected to torture. On 3 July 2008, the First Branch of the Sanandaj Revolutionary Court reportedly convicted and sentenced Mr. Latifi to the death penalty on the charge of moharebeh and other security-related crimes in connection with his membership of and activities on behalf of the Kurdish Independent Life Party. The Appeals Court in Sanandaj subsequently confirmed the ruling. Mr. Latifi’s execution was reportedly scheduled on 26 December 2010, and had been halted since then. On 26 December, members of Mr. Latifi’s family were reportedly arrested, without being informed of the charge(s) against them. Mr. Latifi was the subject of an earlier communication (see A/HRC/14/24/Add.1, page 131).

15/02/11

30/12/10 AL

MWI 4/2010

Malawi

Freedom of expression

Allegation that proposed legislation poses a threat to freedom of the press. According to information received, on 19 November 2010 the Parliament of Malawi passed an amendment to section 46 of the Penal Code on the “power to regulate publications”, which would allow the banning of newspapers from circulation if the Minister of Information has reasonable grounds to believe that the publication would be contrary to the public interest. The proposed amendment reportedly contravenes Section 36 of the Constitution of Malawi on “freedom of the press” which stipulates that, “[t]he press shall have the right to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information.”

30/12/10 JUA

PAK 17/2010

Pakistan

Disappearances; Freedom of expression; Human rights defenders

Alleged abduction of human rights defenders. According to the information received, on 21 December 2010 Mr. Siddique Eido, coordinator of the NGO Human Rights Commission of Pakistan (HRCP)’s core group in Pasni, District Gwadar, and Mr. Yousaf Baloch were returning from a court hearing in Gwadar in a van, under police protection, when they were abducted by plainclothes men and men wearing uniforms of the Federal Paramilitary Force of Pakistan Frontier Constabulary. Mr. Eido and Mr. Baloch were under trial, with seven co- accused, in relation to an alleged attack on coastguards on 29 March 2010. Mr. Eido had allegedly received threats for reporting on human rights violations committed in the region, and feared that he might be disappeared. Their fate and whereabouts remained unknown.

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30/12/10 UA

USA 20/2010

United States of America

Torture Allegations of prolonged solitary confinement of a soldier charged with the unauthorized disclosure of classified information. According to the information received, in May 2010, Mr. Bradley E. Manning, born in 1987, a United States (U.S.) Private First Class Army Soldier, was arrested by agents of the U.S. Army Criminal Investigation Command. He was held in pre-trial detention in a military jail at Camp Arifjan in Kuwait for two months before he was transferred to the U.S. Marine Corps Brig in Quantico, Virginia. In July 2010, Mr. Manning was reportedly charged with the unauthorized disclosure of U.S. classified information to WikiLeaks. Mr. Manning had reportedly been confined to his cell for twenty-three hours a day since his arrest in May 2010. The prolonged period of isolated confinement is believed to have been imposed in an effort to coerce him into “cooperation” with the authorities. In follow-up to this communication, the Special Rapporteur held several discussions with the United States Government and requested a private and unmonitored meeting with Mr. Manning to access his conditions of detention. On 4 February 2011 the Special Raporteur sent a follow-up letter regarding the case. He also issued press statements detailing his engagement with the United States.

27/01/11

19/05/11

31/12/10 AL

BRA 8/2010

Brazil

Adequate housing

Alleged forced evictions in the framework of the 2014 Football World Cup preparation, the 2016 Olympic Games, as well as urban reforms. According to the information received, cases of evictions were reported in several cities. In Belo Horizonte, the improvement work in the “Anel Viário” had threatened the housing situation of almost 2600 families. In Curitiba, in the framework of the construction of a new area of the airport Alfonso Pena, more than 1000 persons had been under threat of eviction. In Fortaleza, more than 500 families had been under threat of eviction in the framework of work undertaken in the Via Expressa in view of the World Cup. In Natal, several families received eviction notices in the framework of the construction of a new airport and related works. In Porto Alegre, more than 1300 families had been threatened of eviction due to the construction of the road Avenida Tronco. In Recife, several families had been under threat of eviction due to the construction of the Via Mangue. In Rio de Janeiro, on 17 and 18 December 2010, several families were allegedly evicted from their houses located in Av. Das Américas in the framework of the construction of two BRTs (bus lanes). In São Paulo, more than 50,000 families had been under threat of eviction in the framework of mega-projects.

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31/12/10 JUA

IRN 38/2010

Iran (Islamic Republic of)

Arbitrary detention; Independence of judges and lawyers; Summary executions; Torture

Alleged solitary confinement, torture and death sentence. According to the information received, in October 2008 Mr. Saeed Malekpour, a web programmer and developer, was arrested by plain-clothes forces without an arrest warrant, on the charges of internet-related offences. He was allegedly placed into solitary confinement for more than one year, was subjected to severe acts of torture and forced to confess charges he did not commit. Mr. Malekpour was reportedly sentenced to death on the charges of “agitation against the regime” and “insulting the sanctity of Islam”.

27/06/11

05/01/11 JAL

EGY 1/2011

Egypt

Freedom of religion; Minority issues

Alleged attack and threats against minority Coptic Christian worshippers. According to the information received, on 1 January 2011, a bomb attack targeted Coptic Christian worshippers who had emerged from a New Year’s mass in the Al-Qiddissin Church in Alexandria. The bombings killed 23 Coptic Christians and injured at least 97 others. Reportedly, a statement on an Islamist website posted about two weeks before the bombings had called for attacks on Egypt’s churches and had listed among them the Al-Qiddissin Church. Following the bombing, several hundreds of Copts took to the streets in protest, clashing with Egyptian police and security forces. There had reportedly been further threats against churches made on Islamist websites.

06/01/11 JAL

GRC 1/2011

Greece

Freedom of religion; Minority issues

Alleged attacks against mosques, cemeteries and associations belonging to the Muslim minority. According to the information received, growing intolerance and hate-motivated incidents and attacks have been experienced by members of the Muslim minority of Western Thrace. In 2010, the following hate-motivated incidents and attacks were reported: On 21 March, unidentified assailants broke the windows of a building of the Turkish Youth Union of Komotini. In May, some gravestones in the cemeteries of Kahveci and Kirmahalle of the city Komotini were destroyed. On 12 August, the Consulate General of Turkey in Thessaloniki was attacked. On 13 August, the Muslim cemetery of Pospos (Pospos) and Ifestos (Kalkanca) districts were desecrated. On 18 September, the Consulate General of Turkey in Thessaloniki was again attacked. On 13 December, the Beyköy (Avato) Mosque in Xanthi was attacked with a firebomb.

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10/01/11 CHL 0/2011

Chile

Indigenous Peoples

Presunta violencia y represión contra miembros del pueblo Rapa Nui. Según la información recibida, el 29 de diciembre de 2010 ocurrieron nuevos actos de desalojo en contra de aproximadamente 70 personas Rapa Nui que ocupaban pacíficamente la plaza Riro Kainga en el centro de Hanga Roa. Asimismo, el Relator Especial informó al Gobierno de Chile de su intención de hacer públicas sus preocupaciones sobre los repetidos desalojos y la falta de resolución de los asuntos subyacentes, por medio de una declaración pública. Esta situación fue objeto de dos comunicaciones anteriores, ver arriba CHL 1/2010 y CHL 4/2010.

25/01/11

10/01/11 AL

USA 1/2011

United States of America

Indigenous peoples

Alleged use of reclaimed wastewater for commercial ski operations in a sacred site. According to the information received, the San Francisco Peaks, located north of the city of Flagstaff, Arizona, – a site considered sacred by severak Native American tribes - is being used by the Arizona Snowbowl Resort Limited Partnership to operate a commercial project for recreational skiing. The Government has apporved the use of recycled wastewater to make articial snow for the project. This may reportedly cause a significant negative impact on the religious practices and beliefs of the Native American tribes for which the area of the San Fancisco Peaks is sacred. To them, the sacredness of the San Francisco Peaks depends on the purity of the water and plant life in the area, which allegedly will be contaminated if wastewater is introduced into the Peaks through the planned artificial snowmaking. See the Special Rapporteur’s observations on this case in A/HRC/18/35.Add.1.

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11/01/11 JUA

IRN 1/2011

Iran (Islamic Republic of)

Arbitrary detention; Disappearances; Independence of judges and lawyers; Summary executions; Torture

Alleged pattern of unlawful executions, arrests and detentions. According to the information received, on 28 December 2010 Mr. Ali Saremi, aged 63, was executed by hanging for moharebeh (enmity against God) in relation to his alleged membership of the People’s Mojahedin Organization of Iran (PMOI). Mr. Jaafar Kazemi, Mr. Javad Lari and Mr. Mohammad Ali Haj-Aghaei were allegedly sentenced to death for moharebeh in relation to their alleged membership of PMOI. In December 2009, protests were held to commemorate the deaths which allegedly occurred following the outcome of the June 2009 presidential election. Two days following the protests, Ms. Farah Vazehan, aged 48, was reportedly arrested and sentenced to death for moharebeh. Mr. Abdolreza Ghanbari, aged 42, and father and son Mr. Ahmad Daneshpour Moqhaddam and Mohsen Daneshpour Moqhaddam, were allegedly arrested and sentenced to death. On 27 December 2009, Ms. Zahra Bahrami, was arrested. She has been sentenced to death. On 17 December 2010, Ms. Hakimeh Shokri, Ms. Neda Mostaghimi and Mr. Mehdi Ramezani were reportedly arrested and detained. On 29 December 2010, the authorities reportedly prevented assemblies marking the deaths that occurred a year earlier. In this context, family members of detainees were allegedly detained, including Mr. Mohammad Nourizad, Ms. Fakhrosadat Mohtashamipour and Mr. Mostafa Tajzadeh, whose case was addressed in an earlier communication (see A/HRC/13/39/Add.1, para 120). On 28 December 2010, Mr. Ali Akbar Siadat was reportedly executed by hanging on charges of undertaking espionage for Israel and corruption. On 31 July 2008, Mr. Hossein Khezri, aged 28, was reportedly arrested in Kermanshah. On 11 July 2009, he was allegedly convicted for moharebeh and endangering state security, and sentenced to death. His case was addressed in earlier communications (see A/HRC/16/52/Add.1, para 78). On 27 December 2010, Mr. Reza Sharifi Bukani, reportedly sentenced to death, was allegedly transferred from Rajayi Shahr (Gohardasht) Prison in Karaj to an undisclosed location. Since then, there had been no news on his condition and whereabouts.

04/02/11,

21/06/11

12/01/11 JUA

EGY 2/2011

Egypt

Arbitrary detention; Torture

Alleged arbitrary detention and torture. According to the information received, Mr. Adel Mahmoud Diab, born in 1968, from Mayet Assem village, Benha, Al Dukalhieh, was arrested at his home on 12 December 2009. The agents of the State Security Investigation Services (SSI) in plain clothes and uniformed agents of the Central Security forces did not present any judicial warrant nor did they explain to Mr. Diab the reason for his arrest. Mr. Diab was reportedly taken to the SSI premises in Nasr City where he was held until 13 January 2010, before he was transferred to Abu Za’bal Prison. It is reported that while in detention, Mr. Diab was subjected to beatings and other acts of torture and ill-treatment by the SSI agents.

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14/01/11 JUA

AFG 1/2011

Afghanistan

Arbitrary detention; Freedom of religion; Minority issues; Summary executions; Torture

Alleged detention of Christian converts. According to the information received, Mr. X, a convert to Christianity, was arrested in Kabul on 31 May 2010 by security officers working with the Ministry of Interior, detained in Oullayat Prison in Kabul, and subjected to sleep deprivation, sexual abuse, beatings and mockery. On 29 October 2010, Mr. X was transferred to Kabul Detention Center compound. Reportedly, no Afghan attorney had been willing to represent him and a foreign attorney was turned away by Afghan officials. It was feared that Mr. X’s could face death penalty on charges of apostasy. On 20 October 2010, Mr. Y was allegedly arrested by Afghan National Police in Mazar-e-Sharif for giving a Bible to a man. He was charged with promoting Christianity and told to return to Islam. Mr. Y remained detained, although the court in Mazar-e-Sharif, on 6 January 2011, dismissed the case against him on the grounds that he was mentally unstable.

14/01/11 JAL

RUS 1/2011

Russian federation

Human rights defenders; Independence of judges and lawyers; Summary executions; Torture

Alleged pattern of impunity regarding the deaths of lawyers and human rights activists.

According to the information received, Mr. Sergei Magnitsky was counsel for a foreign investment firm known as Hermitage Capital Management. In 2008, Mr. Magnitsky voluntarily provided testimony accusing the Russian Interior Ministry and other state officials of stealing about 230 million US dollars from the State budget. On 24 November 2008, Mr. Magnitsky was reportedly arrested and charged with tax evasion. Allegedly, he was not brought before a court of law but was kept in pre-trial detention for 11 months. While in custody he allegedly developed pancreatitis and he was denied medical treatment. On 16 November 2009, he died in custody. The Russian State Investigative Committee announced that there would be a formal criminal investigation into his death. The mandate holders kindly requested as well to receive information on the status of the investigation and prosecution of the cases concerning the deaths of Ms. Natalya Estemirova, Ms. Zarema Sadulaeva, Mr. Alik Dzhabrailov and Ms. Anna Politkovskaya, who had been subject to earlier communications.

28/03/11

14/01/11 JAL

ZAF 1/2011

South Africa

Freedom of expression; Human rights defenders; Torture; Violence against women

Alleged “corrective” rape of a lesbian woman. According to the information received, Ms. X, a lesbian woman, was strangled with a wire, tortured and raped for five hours by Mr. Y, who intended to "turn her straight". Since this incident took place, the court-case addressing it had reportedly been postponed numerous times, and Mr. Y was released on bail. Ms. Z, a local community activist, reached out to Ms. X through a small local charity she set up in the Cape Town township of Gugulethu to rescue and support survivors of "corrective” rape. Mr. Y had allegedly asked family and friends to attack Ms. Z, constantly harassed her and made threats against her life and against her partner.

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14/01/11 JUA

TUN 1/2011

Tunisia

Arbitrary detention; Freedom of expression; Human rights defenders; Summary executions; Torture

Allégation d’exécutions et d’arrestations dans le cadre des protestations. Selon les informations reçues, le 17 décembre 2010 M. Mohamed Bouazizi, 26 ans, se serait immolé devant le siège des autorités de la ville de Sidi Bouzid, afin de protester contre la confiscation par la police de sa charrette de fruits et légumes. Cet incident aurait déclenché une vague de protestations contre les conditions de vie, le chômage et la corruption. Les 8 et 9 janvier 2011, les forces de sécurité auraient ouvert le feu sur des manifestants dans les villes de Thala, Kasserine et Regueb, entraînant le décès d’au moins 21 personnes. Depuis, le pays aurait connu une escalade de la violence. La police aurait lancé des grenades lacrymogènes et tiré à balles réelles pour disperser la foule, et aurait eu recours aux arrestations massives et descentes nocturnes prenant pour cible des défenseurs des droits de l’homme, journalistes, activistes et blogueurs. Les autorités auraient tenté de limiter la couverture médiatique en bloquant l’accès à internet. Les blogueurs Hamadi Kloucha, Slim Amamou et Aziz Amami auraient été interpelés, et le rappeur Hamada Ben Amor aurait été arrêté.

14/01/11 JUA

ARE 1/2011

United Arab Emirates

Arbitrary detention; Torture

Alleged risk of torture and harsh sentence related to extradition to Uzbekistan. According to the information received, on 31 December 2010 Mr. Gairatjon Zoidov, aged 43, citizen of Uzbekistan, was arrested in Ajman Emirate by agents of the special services of the United Arab Emirates. An international arrest warrant and extradition request was allegedly filed by the Government of Uzbekistan related to terrorism-related training in Afghanistan and links to the participants of 2009 terrorist acts in Tashkent, Uzbekistan. Mr. Zoidov was reportedly sentenced in absentia to 18 years imprisonment in Uzbekistan. In 1999, Mr. Zoidov had reportedly been arrested on charges of possession of drugs and religious literature and sentenced to eight years of imprisonment in Uzbekistan. He was released following the Presidential pardon in January 2003. In 2009, fearing further prosecution, Mr. Zoidov fled to Kazakhstan and later settled in the United Arab Emirates.

18/01/11 JAL

HUN 1/2011

Hungary

Freedom of expression; Freedom of religion

Allegation that new media laws limit the rights to freedom of opinion and expression and thought, conscience and religion. According to the information received, the Press and Media Act (Act CIV of 2010) and the Media Services and Mass Media Act (Act CLXXXV of 2010) were adopted by the parliament of Hungary on 20 December 2010, and came into effect on 1 January 2011. Allegedly, these Acts constitute a regressive step for press freedom and all individuals’ right to freedom of opinion and expression in Hungary. The types of media content deemed illegal in the two Acts are reportedly overly broad and vague, and the Acts would be enforced by a non-independent entity.

07/02/11

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18/01/11 JUA

SYR 1/2011

Syrian Arab Republic

Arbitrary detention; Independence of judges and lawyers

Alleged arbitrary detention. According to the information received, Mr. Ziad Wasef Ramadan was detained for over five years without any charge, trial or even being presented before a judge. He was to be presented before the State Security Supreme Court on 17 January 2011. The Working Group on Arbitrary Detention considered, in its Opinion No. 24/2010, that Mr. Ramadan's detention was arbitrary. Allegedly, Mr. Ramadan's lawyers were not been authorized to see him, and his family had only very brief contact with him.

19/01/11 JUA

CHN 1/2011

China

Freedom of expression; Human rights defenders

Alleged harassment against a housing rights activist and lawyer. According to the information received, on 16 June 2010, Ms. Ni Yulan was detained in a police station. Subsequently, she and her husband were taken to the Yu Xin Gong Hotel. The police allegedly ordered the hotel management to cut the power and water supply to Ms. Yulan´s room and disconnect the phone and internet. The couple had allegedly been frequently exposed to verbal harassment and been kept under close police surveillance. Ms. Yulan is confined to a wheelchair reportedly as a result of the torture she suffered in the hands of the police in 2002 when she was arrested for having attempted to film a forced demolition. She was subsequently sentenced to one year in prison. Her licence to practice law was permanently revoked. In 2008 Ms. Yulan was again detained and severely beaten. The remains of her home were demolished and her belongings looted. She was brought before the court and was sentenced to two years in prison. Ms. Yulan was the subject of an earlier communication (see A/HRC/10/12/Add.1, para 609).

22/03/11

19/01/11 AL

CIV 1/2011

Côte d’Ivoire

Mercenaries Allégation de recrutement de mercenaires. Selon les informations reçues, depuis les élections du 28 novembre 2010, des affrontements ont eu lieu dans le pays et notamment dans la capitale. Des mercenaires libériens auraient participé à ces affrontements dans les rues d’Abidjan et auraient été recrutés pour s’attaquer à certains groupes dans la population. Selon certaines sources, les Forces de Défense et de Sécurité (FDS) auraient mené une campagne de harcèlement contre les partisans du Rassemblement des Houphouétistes pour la Démocratie et la Paix (RHDP) et des mercenaires auraient été aperçus parmi les rangs des FDS.

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19/01/11 AL

ISR 1/2011

Israel

Summary executions

Alleged unlawful killings by the Israeli Defence Forces. According to the information received, Mr. Ahmad Mahmood Mohammad Maslamany, aged 24, was shot and killed by soldiers at the Al Hamra checkpoint, North of West Bank - Area C on 2 January 2011. On 7 January 2011, Mr. Omar Saleem Sulaiman Qawasmeh was allegedly killed by the Israeli Defence Forces (IDF) while asleep in his bed in the Sheikh Neighborhood, located in the H1 area of the city of Hebron. Afterwards a soldier reportedly arrested Mr. Wael Mahmoud Al- Bitar, a nephew of the deceased. Allegations have been made that Mr. Qawasmeh was mistaken for another person and had not been the intended target. On 8 January 2011, Mr. Khaldoun Majed Ahmad Sammoudi, aged 25, from Al-Yamun town- Jenin district, was allegedly shot to death by members of the IDF at the Al-Hamra checkpoint.

19/01/11 JUA

KAZ 1/2011

Kazakhstan

Arbitrary detention; Independence of judges and lawyers; Torture

Alleged arrest and extradition request of refugees and asylum-seekers related to their affiliation with certain religious and political groups. According to the information received, a group of 28 individuals were arrested by security forces and migration police in Almaty, Kazakhstan on 9 June 2010, and were subsequently placed in custody. They reportedly face extradition to Uzbekistan on charges of membership in illegal religious or extremist organizations and attempt to overthrow the Constitutional Order of Uzbekistan. Some claimed to have been subjected to torture and ill-treatment while in detention in Uzbekistan. The names of the individuals are: Mr. Akhmad Boltoiev, born in 1968, Mr. Saidakbar Zhalolkhonov, born in 1974, Mr. Kobiljon Kurbanov, born in 1966, Mr. Ulugbek Ostonov, born in 1973, Mr. Isobek Pardaiev, born 1987, Mr. Oibek Pulatov, born in 1987, Mr. Uktam Rakhmatov, born in 1989, Mr. Sirojiddin Talipov, born in 1986, Mr. Otabek Sharipov, born in 1978, Mr. Akmoljon Shodiev, born in 1977, Mr. Olomjon Kholturaiev, born in 1975, Mr. Sarvar Khurramov, born in 1983, Mr. Bakhridin Nurillaiev, born in 1983, Mr. Ravshan Turaiev, born in 1969, Mr. Toirzhan Abdusamatov, born in 1974, Mr. Faizullakhon Akbarov, born in 1990, Mr. Sukhrob Bazarov, born in 1978, Mr. Shukhrat Botirov, born in 1986, Mr. Mukhitdin Gulamov, born in 1967, Mr. Dilbek Karimov, born in 1987, Mr. Abdor Kasymov, born in 1983, Mr. Oibek Kuldashev, born in 1982, Mr. Tursunboy Sulaimanov, born in 1976, Mr. Shukhrat Kholbaiev, born in 1973, Mr. Alisher Khoshimov, born in 1969, Mr. Ma’rufa Fahriddin O’g’li Yuldoshev, born in 1990 and Mr. Abduazimkhodja Yakubov, born in 1982. Between 2006 and 2010, fearing prosecution in Uzbekistan, the above mentioned individuals fled to Kazakhstan, and upon arrival applied for refugee status.

14/03/11

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19/01/11 AL

LBR 1/2011

Liberia

Mercenaries Alleged recruitment of mercenaries by the Defence and Security Forces of Cote d’Ivoire. According to the information received, clashes have taken place in Cote d’Ivoire and in particular in the capital Abidjan since the elections of 28 November 2010. Liberian mercenaries reportedly participated in the clashes in the streets of Abidjan and were reportedly recruited to target certain groups in the population. According to certain sources, the Defence and Security Forces (FDS) allegedly led a harassment campaign against supporters of the Rassemblement des Houphouétistes pour la Démocratie et la Paix (RHDP) and mercenaries were allegedly seen amongst the ranks of the FDS.

19/01/11 JUA

MEX 1/2011

Mexico

Disappearances; Human rights defenders; Migrants; Torture

Supuesta desaparición de migrantes, amenazas y actos de hostigamiento. Según la información recibida, el día 16 de diciembre, hombres fuertemente armados no identificados habrían subido a un tren en Chahuite (Oaxaca) y habrían secuestrado a aproximadamente 40 migrantes. El día 18 de diciembre, algunos de los migrantes que viajaban en el tren habrían llegado al refugio “Albergue de Migrantes Hermanos en el Camino de la Esperanza”, gestionado por la Pastoral católica de Movilidad Humana de la Diócesis de Tehuantepec, del cual el Padre Solalinde es director. El Padre Solalinde habría denunciado los secuestros y, junto con más activistas, habrían llevado a cabo el día 8 de enero una marcha a pie para llamar la atención sobre la vulnerabilidad de los migrantes en la parte sur de México. Tras estos hechos, las continuas amenazas que venía recibiendo el Padre Solalinde y sus colaboradores se habrían intensificado.

07/02/11

24/01/11 AL

IND 1/2011

India

Health Alleged negative impact on access to medicines by the proposed EU-India free trade agreement. According to the information received, the EU and India have been negotiating a free trade agreement for years. If India would enter into a free trade agreement with the EU including TRIPS-plus provisions, its ability to produce generic medicines for domestic and international consumption would reportedly be restricted. As a result, millions of people in India and around the world – in particular people living with HIV, who are dependent on generic medicines produced in India – would allegedly lose access to necessary medicines. Reportedly, medicines are sold at relatively affordable prices in India because most of the medicines are locally produced and due to competition among companies producing generic medicines.

25/01/11,

15/02/11

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24/01/11 AL

IND 2/2011

India

Food Alleged negative impact on the right to food by the proposed EU-India free trade agreement. According to the information received, there are strong reasons to fear that the dairy and poultry sectors, especially vulnerable small-scale producers, would come under heavy pressure were import tariffs towards the EU products to be abolished under the Agreement being negotiated. It is also alleged that the investment provisions of the treaty may not be accompanied by appropriate safeguards to ensure that no investment will encourage evictions or displacement that are not in conformity with human rights principles. Consequently, the Special Rapporteur urged the Government of India to consider preparing a full human rights impact assessment of the draft text of the EU-India Free Trade Agreement, prior to presenting the agreement for ratification or approval by the parliament to provide it with the information required to make a fully informed decision about the final text.

25/01/11,

15/02/11

24/01/11 AL

OTH 1/2011

Other

(European Union)

Food Alleged negative impact on the right to food by the proposed EU-India free trade agreement. According to the information received, there are strong reasons to fear that the dairy and poultry sectors, especially vulnerable small-scale producers, would come under heavy pressure were import tariffs towards the EU products to be abolished under the Agreement being negotiated. It is also alleged that the investment provisions of the treaty may not be accompanied by appropriate safeguards to ensure that no investment will encourage evictions or displacement that are not in conformity with human rights principles. Consequently, the Special Rapporteur urged the European Union to consider preparing a full human rights impact assessment of the draft text of the EU-India Free Trade Agreement, prior to presenting the agreement for ratification or approval by the parliament to provide it with the information required to make a fully informed decision about the final text.

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24/01/11 JUA

PAK 1/2011

Pakistan

Freedom of expression; Freedom of religion; Human rights defenders; Terrorism

Allegation that the implementation of the blasphemy provisions has triggered a general atmosphere of fear. According to the information received, the death of the late Governor of Punjab Mr. Salman Taseer on 4 January 2011 was related to his opposition against the blasphemy provisions. In November 2010, Parliamentarian and former Information Minister Ms. Sherry Rehman submitted a private members’ bill seeking to eliminate the death penalty for the use of derogatory remarks in respect of the Holy Prophet and penalize false blasphemy accusations. Subsequently, two fatwas demanding her death were declared. The journalist Mr. Kamran Ali Chisti received death threats after lodging complaints against the Imam of the Sultan Mosque in Karachi following the issuance of the fatwa against Ms. Rehman. Mr. Shazad Kamran, who provides moral, legal and financial support for people convicted of blasphemy, reportedly received death threats. There have been death threats to other activists and lawyers, including Ms. Asma Jahangir, President of the Supreme Court Bar Association and former UN Special Rapporteur on freedom of religion or belief. Ms. Sherbano Taseer, daughter of the late Mr. Salman Taseer, has reportedly received death threats. On 8 December 2010, Imam Yousuf Quershi of the Mohabat Khan mosque in Peshawar, reportedly pronounced a reward for anyone who kills Ms. Asia Bibi, member of the Christian minority who had been sentenced to death on blasphemy charges on 7 November 2010. The Minister for Minorities, Mr. Shabhaz Bhatti had reportedly received death threats. On 29 October 2010, Muslim inmates at a prison in Khyber Pakhtunkhwa Province allegedly stoned a young Christian man named Imran Masih. On 11 January 2011, Mr. Mohammed Shafi and his son Mr. Mohammed Aslam were reportedly jailed to life imprisonment for blasphemy.

26/01/11 UA

IRN 2/2011

Iran (Islamic Republic of)

Summary executions

Alleged pattern of executions, mainly in relation to drug trafficking charges. According to the information received, Mr. Mohammad Ali Haj-Aghaie and Mr. Jafar Kazemi, subjects of an earlier communication (case no. IRN 1/2011, see above) were executed. A high number of executions was reportedly carried out across the country from October 2010 until January 2011, many of which were conducted at Mashad’s Vakilabad Prison on charges related to drug trafficking. Reportedly, Mr. Ernie Tamonde, citizen of the Philippines, Mr. Paul Chindo, a Nigerian citizen, and Mr. Aquasi Aquabe of Ghana were executed at Vakilabad Prison on 17 November, 26 October and 18 August 2010, respectively. In Ahwaz Prison, on 31 December 2010, three detainees were reportedly executed, allegedly sentenced to death on charges of carrying and possessing narcotics. It is further alleged that about 600 individuals detained in this prison are on death row.

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28/01/11 JUA

BLR 1/2011

Belarus

Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged intimidation against an NGO and interference in the work of lawyers in connection with the 19 to 20 December 2010 demonstrations. According to the information received, on 12 January 2011, the Belarusian Helsinki Committee posted on its website that it had sent a letter to the Special Rapporteur on the independence of judges and lawyers. Immediately after, the head of the department of non-commercial organizations of the Ministry of Justice had requested the text of the letter. Allegedly, arrested persons have been prevented from meeting their lawyers in private, and the frequency of visits had been restricted. On 5 January 2011, the Ministry of Justice sent a letter to Ms. Tamara Sidarenka threatening to revoke her license. On 10 January, a letter sent to Mr. Paval Sapelko informed him that disciplinary action had been initiated to revoke his license. On 4 January 2011, the Collegium of the Ministry of Justice endorsed a decision to suspend the license of Ms Valiantsina Bus’ko. On 10 January 2011, the General Prosecutor’s Office initiated a case against Mr. Mikhail Volchak.

01/02/11 (reply relating to procedural matters)

28/01/11 JUA

EGY 3/2011

Egypt

Disappearances; Torture

Alleged enforced disappearance. According to the information received, Mr. Mohamed Abdo, born on 27 January 1984, resident in Alexandria, was arrested on 5 January 2011 at his home and subsequently disappeared. According to witnesses, State Security Intelligence (SSI) agents in civilian clothes allegedly abducted Mr. Abdo from his home and transferred him to an unknown location. Witnesses also report that SSI agents reportedly searched the victim’s house without presenting a judicial order and confiscated some personal items. It is alleged that Mr. Abdo’s arrest and consequent disappearance may be linked to his alleged participation in a church bombing attack in Alexandria against the Coptic minority, on the night of 31 December 2010. The fate and whereabouts of Mr. Abdo remained unknown.

28/01/11 JUA

SEN 1/2011

Senegal

Independence of judges and lawyers; Torture

Allégation de délai injustifié pour engager des poursuites pour les allégations de torture. Selon les informations reçues, M. Hissène Habré est accusé d’avoir systématiquement pratiqué la torture durant ses huit années passées à la tête de l’Etat de la République du Tchad. En février 2000, M. Habré a été inculpé sur la base des charges de torture au Sénégal, mais les tribunaux sénégalais ont estimé qu’ils ne pouvaient pas le juger pour les crimes commis à l’étranger. En juillet 2006, l’Union Africaine a demandé au Gouvernement du Sénégal de poursuivre M. Habré et d’assurer son jugement par un tribunal sénégalais compétent. Le 9 décembre 2010, le Président du Sénégal aurait annoncé qu’il souhaiterait transmettre le cas de M. Habré à l’Union Africaine. M. Habré fait également l’objet d’une demande d’extradition datant de 2005 émise par la justice belge. Le cas de M. Habré a fait l’objet d’une communication antérieure (voir A/HRC/4/33, para. 43).

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28/01/11 UA

SDN 1/2011

Sudan

Human rights defenders

Alleged arrest and detention of human rights defender. According to the information received, on 22 December 2010, Mr Mudawi Ibrahim Adam, Chair of the Sudan Social Development Organization (SUDO), was summoned to the court in Khartoum and subsequently arrested and taken to the Gereif Prison. The judge was allegedly ordered to render a new judgment after the Humanitarian Aid Commission (HAC) had in April 2010 appealed his acquittal on 15 March 2010. Reports received indicate that no new evidence was presented and no judicial process took place. Reportedly, the judge sentenced Mr Mudawi to one-year imprisonment and a fine for financial mismanagement. Mr Mudawi had previously been charged with financial mismanagement, but was acquitted. On 5 March 2009, SUDO reportedly received notification by the HAC that it had been closed down. Subsequently, security forces allegedly raided SUDO headquarters in Nyala confiscating laptops, desktops and various papers. Moreover, all bank accounts and financial assets of the organization were frozen.

01/02/11 JUA

EGY 4/2011

Egypt

Arbitrary detention; Disappearances; Food; Freedom of expression; Human rights defenders; Summary executions; Torture

Alleged arrests, excessive use of force, killings, attacks against journalists, and disruptions in media coverage and access to the Internet in relation to demonstrations. According to the information received, the following demonstrators were killed between 25 and 29 January 2011: Mutapha Ragab, aged 21, Sulaiman Saber, aged 35, Ghareeb Abdulall, Fayez Fahim, Mohamed Ahmed Yosph, aged 23, Mahmoud Ahmed Mahmoud, aged 26, Alae Abdelmehsen, Mustapha Abdellah, Mohamed Sha’ban Bashir, aged 30, Mutafa Jamal Wardani, Eraddi Mohamed ‘eraddi, Ahmed Ali Mohamed, Achraf Nour Al DIn Mohamed, aged 40, Islam Metwali Mohamed, Sharif Al Sayed Redwan, Faraj Abdelfatah Awad, Mohamed Mahrous Anwar, Samir Abdellah, aged 55, Ali Ahmed Ali, Abdelmajeed Abdelalim Abdelmajeed, aged 41. Reportedly, hundreds of arrests were made of peaceful demonstrators, and some of those arrested were taken to undisclosed locations. On 26 January, access to social networking sites were reportedly blocked, and on 28 January, the country’s four primary Internet service providers all stopped moving data in and out of the country. Similarly, mobile phone connections were disrupted. On 30 January, the Minister of Information reportedly ordered the suspension of the operations of Al-Jazeera in Egypt. The following journalists were allegedly targeted by security forces while covering the demonstrations: Mr. Asadallah al-Sawi, Mr. Ahmad Mansour, Mr. Ben Wedemen and Ms. Mary Rogers.

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01/02/11 AL

ISR 2/2011

Israel

Indigenous peoples

Allegation that Bedouin people are being removed from their traditional lands. According to the information received, land policy in Israel has failed to recognize Bedouin legal entitlement to their traditional lands in the Negev. Around half of the Negev Bedouins live in so-called “unrecognized villages”, which allegedly lack basic services such as running water, electricity, waste removal, telephone lines, paved roads, schools and health facilities. Bedouins in these villages have experienced ongoing demolitions of their homes and villages in the Negev by Israeli authorities. The Government has created seven urban towns and moved Bedouin from the “unrecognized villages” to these towns. The people in these towns reportedly rank at the bottom of all social and economic indicators, and suffer from the highest unemployment rates and income levels in Israel. Bedouins reportedly cannot live in their traditional manner in these urban areas. The Israel Land Administration reportedly had plans to create several new villages or towns for the Bedouins. See the Special Rapporteur’s observations on this case in A/HRC/18/35/Add.1.

01/02/11 AL

MDA 1/2011

Republic of Moldova

Freedom of religion

Alleged refusal to register religious minority group. According to the information received, religious minority groups have encountered difficulties in getting registered under the procedure in accordance with articles 16 to 23 of the 2007 Law on religious denominations and religious communities. The Muslim group “Islam. Sermon and Guidance in the Republic of Moldova” had reportedly on three occasions applied for registration, however, all their efforts were declined on technical grounds. The authorities had reportedly argued that they will only register one official Muslim community; however, as other Muslim groups also exist in the Republic of Moldova (Tuhanteli Tatar, Tatar Community Ideli, etc.), the authorities’ argument would mean that none of them could be registered as long as there is plurality of Muslim groups. The Ministry of Justice had also reportedly refused to register a Falun Gong group.

16/03/11, 26/04/11

01/02/11 JAL

UGA 1/2011

Uganda

Freedom of expression; Human rights defenders; Summary executions

Alleged murder of LGBT rights activist. According to the information received, on 26 January 2011, a man entered the home of David Kato and hit him twice on the head. Mr. Kato died on his way to Kawolo hospital. In previous months Mr. Kato had received numerous death threats in connection with his work on LGBT rights, and especially following the publication of an article in a local newspaper which provided names, addresses and photos of members and perceived members of the LGBT community in Uganda, including Mr. Kato.

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03/02/11 JAL

KHM 1/2011

Cambodia

Cambodia; Freedom of expression; Human rights defenders

Alleged conviction on defamation charges of human rights defenders. According to the information received, Mr. Sam Chankea, provincial coordinator of the NGO ADHOC and Mr Reach Seima, a farmer who has been representing a group of co-villagers, intervened during a radio broadcast on the ongoing land dispute between the KDC International Company and villagers in Kampong Chhnang. The KDC, allegedly owned by the wife of the Minister of Industry, Mines and Energy, allegedly brought machinery to work on the land without waiting for the court decision on the case. Mr Seima explained that the land was in dispute before the court. Mr. Chankea stated that what the company had done violated the law and that the company should suspend the activity and await the court decision. KDC lodged a complaint against Mr Seima and Mr. Chankea for defamation and disinformation. Mr Seima and Mr Chankea were reportedly convicted of defamation under Article 305 of the new Penal Code by the Kompong Chhnang provincial Court and ordered to pay a fine and compensation to the company on 17 January and 18 January 2011 respectively.

03/02/11 AL

KEN 1/2011

Kenya

Summary executions

Alleged extrajudicial executions. According to the information received, on 28 December 2010, two brothers, Mr. John Kamuri, aged 26, and Mr. Peter Irungu, aged 24, a motor vehicle mechanic and a market trader, respectively, were on a minibus when a dispute arose between them and the driver. The driver allegedly made a phone call to the police. When the minibus reached Ruiru, two people, who identified themselves as police officers, reportedly arrested and assaulted Mr. Kamuri and Mr. Irungu. On 30 December, their bodies were found in Ruiru, with apparent gunshot wounds. Furthermore, on 19 January 2011, three men were reportedly killed by plain clothes police officers on the Nairobi highway. Police officers reportedly disembarked from their car on Lang’ata road and aimed guns at the three men who were in the car ahead of them. While holding their hands up, the police allegedly opened fire, killing them.

03/02/11 JAL

MAR 1/2011

Morocco

Adequate housing; Freedom of expression; Human rights defenders; Summary executions; Torture

Allégation de torture et de mauvais traitements par les forces de sécurité. Selon les informations reçues, des forces de sécurité marocaines seraient entrées dans le camp Gdeim Izik situé au Sahara occidental où quelques milliers de tentes ont été dressées par des personnes sahraouies afin de protester contre leurs conditions sociales et économiques. Le 8 novembre 2010, les forces de sécurité marocaines auraient démantelé le camp, ce qui aurait conduit à un affrontement violent dans la ville d’El-Ayoun entre les résidents du camp et les forces de sécurité. Cet affrontement aurait entraîné la mort de 11 membres des forces de l’ordre et de 2 civils. Quelque 300 personnes auraient été détenues. Des personnes sahraouies auraient fait l’objet d’actes de torture et de mauvais traitements lors du démantèlement du camp, durant leur arrestation et leur détention.

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04/02/11 JUA

EGY 5/2011

Egypt

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged worsening of the situation of human rights defenders and journalists in relation to demonstrations. According to the information received, on 1 February 2011, Mr. Malak Adly, a lawyer from the Hisham Mubarak Law Center (HMLC) was arrested by security forces and his fate and whereabouts remained unknown. On 3 February, the offices of HMLC and the Egyptian Center for Economic and Social Rights were reportedly raided by military police, accompanied by unidentified men in civilian clothes, who confiscated equipment and mobile phones. More than 30 persons working for both centers, Human Rights Watch and Amnesty International, were reportedly arrested, beaten, and taken to an undisclosed location. Those arrested included: Mr. Ahmed Seif El Islam, former Director of HMLC; Mr. Mohsen Beshir, HMLC lawyer; Mr. Mostafa Al Hassan, HMLC lawyer; Ms. Mouna Al Masry, HMLC researcher; Mr. Al Sayed Feky, HMLC lawyer; Mr. Mohamed El Taher, HMLC staff member; Ms. Fatma Abed, Front to Defend Egypt Protestors (FDEP) volunteer; Ms. Shahdan Abou Shad, FDEP volunteer; Ms. Nadine Abu Shadi, FDEP volunteer; Ms. Nadia Hashem, FDEP volunteer; Mr. Ahmed Hamdy Mahmoud, student from Assiut University; Mr. Said Haddadi, Amnesty International; Mr. Daniel Williams, Human Rights Watch; Ms. Sofia Amara, French citizen working for Magneto Press; and Mr. Pedro da Foneska, Portugese Citizen working for Magneto Press. On the same day, Mr. Amr Salah, researcher at the Cairo Institute for Human Rights Studies, was reportedly arrested along with activists Ms. Shadi Al Ghazali Harb, Mr. Nasser Abdel Hamid, Mr. Mohamed Arafat, Mr. Ahmed Douma, Mr. Amr Ezz, and Mr. Ahmed (surname unknown) in El Haram area, Giza, Cairo. Security forces and unidentified men reportedly continued to harass journalists covering the protests, searching their hotel rooms, and confiscating their equipment. Mr. Rajesh Bhardwaj, a journalist for CNN-IBN, was reportedly arrested by security forces.

04/02/11 JUA

SDN 2/2011

Sudan

Arbitrary detention; Freedom of expression; Human rights defenders; Sudan; Torture

Alleged arrests during peaceful demonstrations. According to the information received, on 30 January 2011, Mr. Lois Ewell, General Secretary of the Students Union at the University of Khartoum, was arrested by the National Intelligence and Security services (NISS). He was allegedly tortured and held at an undisclosed NISS detention facility. He had allegedly not been charged with any offence, nor had he been granted access to his family or lawyers. Mr. Tharwat Swaraldahab, Canadian citizen and member of the Liberal Democracy Party of Sudan was reportedly arrested in Khartoum on 30 January. He was reportedly tortured and held at an undisclosed location, denied access to legal representation and family visits. The following journalists were reportedly also arrested: Mr. Hamza Baloul, Ms. Sarah Tag, Mr. Ali Haj Al-amin, Mr. Hussein Khogali, and Mr. Mohamed Amir Musa. The 2010 National Security Act allegedly provides NISS agents immunity for acts committed in the course of their work.

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07/02/11 UA

USA 2/2011

United States of America

Indigenous peoples

Allegation that an indigenous activist serving life sentence had suffered from severe health problems. According to the information received, Mr. Leonard Peltier, aged 66, an indigenous Anishinabe/Lakota activist, had been serving two life sentences in a United States federal prison, after being convicted in 1977 for the murder of two FBI agents. Over the years, Mr. Peltier has maintained his innocence, asserting that he was politically persecuted for his activities as a member of the American Indian Movement. Mr. Peltier reportedly suffers from severe health problems that require urgent and immediate medical treatment. In addition to his health situation, Mr. Peltier reportedly lives in substandard conditions at the maximum security prison in Lewisburg, Pennsylvania. The Lewisburg prison is allegedly known for violence among inmates.

07/02/11 JUA

VNM 1/2011

Viet Nam

Freedom of expression; Human rights defenders

Alleged imprisonment of human rights defender. According to the information received, on 26 January 2011, Mr. Vi Duc Hoi, member of Bloc 8406, a network of pro-democracy and human rights activists which has published a Manifesto on Freedom and Democracy in Viet Nam, who has written extensively about corruption and injustice in Viet Nam, was sentenced to eight years of imprisonment, followed by five years of house arrest by a court in northern Lang Son province. He was reportedly convicted of “spreading anti-government propaganda” for having posted articles on the Internet calling for democracy. No foreign media or diplomats were allegedly permitted to be present at the hearing.

14/04/11

08/02/11 JUA

CHN 2/2011

China

Arbitrary detention; Freedom of religion; Human rights defenders; Torture

Alleged arbitrary arrest, torture and harassment of a Christian human rights lawyer. According to the information received, Dr. Fan Yafeng is a legal academic, human rights lawyer and a Christian church leader. On 30 October 2010, Dr. Yafeng was summoned by the authorities, and subsequently detained at the Shuangyushu hotel. On 7 November 2010, he was summoned and charged with disturbing the peace, following a gathering at the Shengshan Church. Dr. Yafeng was detained until 19 December 2010. During this time, he was allegedly taken to a hotel and hooded. Subsequently, he was taken to an unknown location where he was beaten and threatened by the guobao police. Under this pressure, Dr. Yafeng reportedly promised to abandon all his efforts in the context of human rights activism.

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08/02/11 JUA

THA 1/2011

Thailand

Arbitrary detention; Freedom of religion; Torture

Alleged arrest and detention of 60 Ahmadis of Pakistani origin. According to the information received, the following refugees and asylum seekers along with members of their families were arrested on 14 December 2010 and taken to the Bangkok Detention Centre: Mr. Azhar Ahmad Khalid, Mr. Rana Haroon Siddique, Mr. Umer Sultan, Sheikh Tahir Ahmed, Mr. Hafeez Ahmed, Mr. Aadil Zia Kahloon, Mr. Munawer Ahmad Cheema, Mr. Tahir Mehmood, Mr. Jameel Ahmad , Mr Sakhawat Ali, Mr. Mansoor & Adnan, Mr Mansoora Riwan, Mr. Altaf Hussain Bukhari, Mr. Abdul Qudus, Mr. Nimatullah. The persons listed above belong to the Ahmadiyyah faith and had reportedly taken shelter in Bangkok following the killings and attacks on two Ahmadiyyah mosques in Pakistan in May 2010. The detention centre had reportedly been overcrowded, with poor sanitation and hygiene conditions.

14/03/11

09/02/11 JAL

HND 1/2011

Honduras

Summary executions; Violence against women

Supuestos asesinatos de personas lesbianas, gays, bisexuales, transgénero y travestís. Según las informaciones recibidas, durante 18 meses, 31 personas lesbianas, gays, bisexuales, transgénero y travestís habrían sido asesinadas en el país. Una de estas personas fue el objeto de una comunicación anterior (ver A/HRC/16/44/Add.1, para. 997). El 22 de diciembre de 2010, un travesti de 23 años habría sido encontrada muerta en un una zanja en Comayagüela. Según las informaciones recibidas, su cuerpo habría sido golpeado e incinerado. Ese mismo día, otra travesti de 45 años habría sido encontrada en su casa en Tegucigalpa. Según las informaciones recibidas, su cuerpo habría sido incinerado y mostraba numerosas puñaladas. El 2 de enero de 2011, otra joven travesti habría sido encontrada asesinada en Tegucigalpa. Según informaciones recibidas, su cuerpo habría mostrado heridas de puñal en el pecho.

05/07/11

09/02/11 JUA

COD 2/2011

Democratic Republic of the Congo

Freedom of expression; Human rights defenders; Summary executions

Allégation de menaces contre des défenseurs des droits de l’homme. Selon les informations reçues, le 1er février 2011, Me Jean Claude Katende, Président de l’organisation non-gouvernementale Association Africaine de Défense des Droits de l’homme (ASADHO), aurait reçu des menaces par le biais d’un SMS. Quelques heures plus tard, Me Katende aurait reçu un appel anonyme d’une nature similaire. Dans la matinée du 2 février, Me Georges Kapiamba, Vice-Président de l’ASADHO, aurait reçu un avertissement par le biais d’un appel téléphonique. Ces menaces feraient suite à la conférence de presse tenue par l’ASADHO au cours de laquelle l’organisation aurait dénoncé la révision constitutionnelle adoptée par le Parlement et la position du Gouvernement à l’égard des opposants politiques. Le Ministre de la communication, M. Lambert Mendé, aurait déclaré publiquement que l’ASADHO était une organisation opérant pour le compte de puissances étrangères dans le but de déstabiliser le pays. M. Katende et M. Kapiemba ont fait l’objet de communications antérieures (voir E/CN.4/2006/95/Add.1, para 162).

07/02/11

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09/02/11 JUA

SYR 2/2011

Syrian Arab Republic

Arbitrary detention; Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged detention of political activist. According to the information received, Mr. Ali Al- Abdullah, member of the National Council of the Damascus Declaration for National Democratic Change, was detained by State security officials on 17 December 2007 and sentenced by a criminal court in Damascus to two and a half years imprisonment for “weakening the national sentiment” and “spreading false or exaggerated news that would affect the morale of the country”. During his detention, Mr. Al-Abdullah reportedly wrote an article criticizing Iran, which appeared online. On 17 June 2010, Mr. Al-Abdullah was informed by the officials of Political Security that his case would be referred to the military prosecutor for new charges relating to the article. On 19 September 2010, he was charged with “spoiling Syria’s relations with another country”. On 1 December 2010, a military court confirmed the charge.

11/02/11 JUA

IRN 3/2011

Iran (Islamic Republic of)

Independence of judges and lawyers; Summary executions; Torture

Alleged imposition of the death penalty on minors. According to the information received, in 2008, Ms. Fatemen Salbehi, then aged 16, was arrested in relation to the death of her husband. She was interrogated without a lawyer present and allegedly first confessed to the murder, but then stated that two persons broke into her home and killed her husband. Ms. Salbehi was allegedly convicted of murder by Fars Criminal Court and sentenced to death. This sentence was reportedly upheld by the Supreme Court. In 2007, Mr. Rangraz Tabaatabaa’ie, then aged 17, was allegedly arrested on suspicion of sodomy rape. He was allegedly forced to confess. During trial, he allegedly did not have access to a lawyer, and informed the court that his confession had been obtained under torture. The court reportedly proceeded to use his confession as a basis for the ruling, without any evidence. Mr. Tabaatabaa’ie was reportedly convicted and sentenced to death by the Criminal Court in Fars. The Supreme Court reportedly upheld the decision. Mr. Tabaatabaa’ie had reportedly been held at the Adel Abaad Prison in Shiraz while awaiting execution.

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11/02/11 UA

MEX 3/2011

Mexico

Human Rights Defenders

Supuestos secuestros y amenazas. Según las informaciones recibidas, el 7 de febrero de 2011, un grupo de personas encapuchadas con armas de alto calibre habría secuestrado a la Sra. Luisa Ornelas Soto, su esposo el Sr. Elías Reyes Salazar y la Sra. Malena Reyes Salazar. Desde entonces se desconocería el paradero de las tres personas. Estos hechos formarían parte de un clima de amenazas y agresiones que se vienen produciendo en contra de la familia Reyes Salazar. El señor Elías y la señora Malena son hermanos de la Sra. Josefina Reyes Salazar, defensora de derechos humanos asesinada el 3 de enero de 2010. El 18 de agosto de 2010 habría sido asesinado el señor Rubén Reyes, hermano de Josefina Reyes. El domicilio particular de la Sra. Ruth Reyes Salazar, hermana de Josefina Reyes, habría sido incendiado en enero de 2011. Según la información recibida, todos estos actos serian responsabilidad de un grupo del crimen organizado. La Sra. Josefina Reyes fue objeto de una comunicación anterior (ver A/HRC/16/44/Add.1, para 1562).

18/04/11

14/02/11 UA

CHN 3/2011

China

Arbitrary detention

Alleged arbitrary detention. According to the information received, Mr. Gaylor Bulay, a national of the Democratic Republic of the Congo, born in Switzerland in 1987, flew to China on 1 January 2011 for tourist purposes and to meet a friend in Guangzhou. On 7 January, Mr. Bulay was to leave Guangzhou. However, he did not reach his final destination in Geneva, Switzerland. Mr. Bulay’s wife and friends undertook numerous measures to find about Mr. Bulay’s fate and whereabouts. On 13 January 2011, after having contacted the Congolese Embassy in Beijing, Mr. Bulay’s father was reportedly informed that his son had been arrested by the Chinese authorities and placed in detention, allegedly due to an irregularity with his passport.

23/03/11

14/02/11 JUA

DJI 1/2011

Djibouti

Arbitrary detention; Freedom of expression; Human rights defenders

Allégation d’arrestation et détention liées à l’exercice des droits à la liberté d’opinion et d’expression. Selon les informations reçues, MM. Farah Abadid Heldid et Jean-Paul Noël Abdi, respectivement président et membre de la Ligue djiboutienne des droits humains, auraient été arrêtés par des gendarmes les 5 et 9 février 2011, respectivement. Le 9 février, ils auraient été déferrés devant le parquet de Djibouti, accusés de «participation à un mouvement insurrectionnel», et ils auraient été placés sous mandat de dépôt. Ils seraient actuellement détenus à la prison de Gabode. Ces charges seraient liées au fait qu’ils aient dénoncé la répression de récentes manifestations lycéennes et estudiantines par les forces de l’ordre. M. Abdi a fait l’objet de communications antérieures (voir A/HRC/7/14/Add.1, para 184, et A/HRC/13/22/Add.1, para 717).

11/05/11

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14/02/11 JUA

MEX 2/2011

Mexico

Freedom of expression; Health; Human rights defenders; Torture

Supuesta detención de activista de los derechos del colectivo de LGBT. Según las informaciones recibidas, el 4 de diciembre de 2010, el Sr. José Ricardo Maldonado Arroyo, Director de la Red de Personas Afectadas por VIH (REPAVIH) con sede en Mérida, Yucatán, habría sido detenido de manera arbitraria por la policía judicial del Estado de Yucatán. Los agentes habrían alegado que el motivo de su arresto era la presunta investigación de un delito y, sin mostrarle una orden de detención, le habrían esposado, vendado los ojos e introducido y transportado en un vehículo no oficial donde le habrían insultado y se habrían dirigido a él con expresiones homófobas. Los agentes habrían golpeado al Sr. Maldonado Arroyo en repetidas ocasiones mientras le preguntaban acerca de su trabajo de defensa de los derechos de las personas que viven con el VIH y del colectivo de LGBT.

14/02/11 UA

PER 1/2011

Peru

Arbitrary detention

Supuesta detención arbitraria de sindicalistas. Según las informaciones recibidas, el 19 de julio de 2010 habría muerto un minero en la mina Casapalca. Los dirigentes del Sindicato de Mineros de Casapalca (Provincia de Huarochirí, Departamento de Lima), Sres. Pedro Condori Laurente y Antonio Quispe Tamayo, habrían permanecido en el lugar del accidente a la espera de la llegada de un miembro de la Fiscalía. Al llegar este último, habría tratado de retirar el cadáver sin haber recogido prueba alguna para determinar si existía responsabilidad por parte de la empresa, hecho que habría motivado a los sindicalistas a expresar su protesta y a oponerse a la retirada inmediata del cadáver. La investigación policial llevada a cabo por la División de Investigación Criminal de la Policía Nacional, habría concluido que no existen pruebas de que Pedro Condori Laurente y Antonio Quispe Tamayo hubieran cometido delito alguno. No obstante, el juez habría ordenado la detención de los mismos.

02/03/11

14/02/11 AL

UKR 1/2011

Ukraine

Health Alleged interference with substitution maintenance therapy. According to the information received, more than 6,000 drug dependent patients receive substitution maintenance therapy in Ukraine, and the provision of that treatment remains an integral part of Ukraine’s HIV/AIDS prevention programmes. The provision of this treatment has allegedly been severely hampered by the interference and inspections into patients’ confidential data initiated by the officials of the General Public Prosecutor Office, the Ministry of Internal Affairs and other inspection agencies. The Drug Enforcement Department of the Ministry of Internal Affairs reportedly issued an order No. 40/2/1-106 of 18 January 2011, which instructed heads of territorial units to collect personal and health-related information from drug users receiving substitution maintenance therapy.

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15/02/11 JUA

GAB 1/2011

Gabon

Summary executions; Torture

Allégation de risque de torture ou de mauvais traitement. Selon les informations reçues, de janvier à août 2009, MM. X et Y auraient été détenus au secret en République démocratique du Congo et auraient été, à plusieurs reprises, victimes d’actes de tortures et de mauvais traitements. Il leur aurait été reproché de conspirer pour déstabiliser les institutions de la République au profit du leader du Mouvement pour la Libération du Congo, Monsieur Bemba. Sous la menace de poursuites et d’exécution, ils auraient fui vers le Gabon en janvier 2010, où ils auraient effectué une demande d’asile. L’enregistrement de leurs demandes se serait effectué en décembre 2010.

15/02/11 UA

PAN 1/2011

Panama

Indigenous peoples

Supuesta movilización de protesta por parte de pueblos indígenas. Según la información recibida, el 10 de febrero de 2011, la Asamblea Nacional aprobó la controvertida reforma al Código de Recursos Minerales, facilitando la inversión extranjera en la explotación minera. Panamá cuenta con el segundo mayor yacimiento de cobre del planeta, ubicado en Cerro Colorado, el cual se encuentra dentro de la Comarca Ngäbe-Buglé. Los pueblos indígenas Ngäbe-Buglé alegan no haber sido consultados sobre la reforma de la ley, y los dos pueblos no comparten una posición común con respecto a la reforma. Se han sucedido violentos enfrentamientos entre los mismos indígenas a la puerta de la Asamblea. Las movilizaciones y confrontaciones se habrían generalizado en todo el país.

12/04/11

15/02/11 JUA

THA 2/2011

Thailand

Arbitrary detention; Migrants; Torture

Alleged detention of migrant worker with valid work permit. According to the information received, Mr. Charlie Diyu, 33 years old, from Myanmar, began to work for Tara Rit-taeng of Pathum Thani around December 2010. On 9 January 2011, he was reportedly seriously injured at a construction site. While he received medical attention at Pathum Thani Hospital, the hospital contacted the police upon realizing that he carried no identity card and could not pay his medical expenses. Mr. Diyu was reportedly held in custody at the Pathum Thani police station and then transferred to the Immigration Bureau on 31 January. During his detention, he was reportedly not given any medical care. On 1 February, Mr. Diyu was transferred to the Police General Hospital, where he was reportedly shackled to his bed for 4 days.

28/06/11

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15/02/11 JAL

THA 3/2011

Thailand

Migrants; Slavery; Trafficking

Alleged trafficking of migrant workers for the purpose of labour exploitation. According to the information received, Mr. Kyaw Kyaw, a 25 year-old man from Myanmar, came to Mae Sot, Thailand in April 2009. In September that year he met a broker who offered him 8,000 baht (US$266) in cash and recruited him for a job. Mr. Kyaw was then allegedly sold to work on a fishing boat, where he worked for 10 months under very harsh conditions. During these months, he reportedly did not receive any salary for his work. After 10 months, he managed to run away. Reportedly, a number of other cases point to a pattern of trafficking of migrant workers for labour exploitation in the fishing industry, particularly in the coastal town of Mahachai in the Samut Sakhon province.

29/06/11

16/02/11 JUA

HND 2/2011

Honduras

Independence of judges and lawyers; Mercenaries

Supuestas amenazas dirigidas a abogados. Según la información recibida, el Sr. Dionisio Díaz García, que trabajaba como abogado en la Asociación para una Sociedad más Justa (ASJ), fue asesinado el 4 de diciembre de 2006. Desde entonces, otros miembros de la ASJ habrían recibido amenazas. El 31 de enero de 2011, una abogada de la ASJ habría recibido amenazas por mensaje de texto en su teléfono móvil. La misma abogada habría recibido en septiembre 2010 varias advertencias por parte de empleados del Ministerio del Trabajo según las cuales el vicepresidente del Ministerio de Trabajo habría mostrado interés en su trabajo de investigación y que debería tener cuidado. La ASJ fue objeto de comunicaciones anteriores (ver A/HRC/4/37/Add.1, para 309, A/HRC/7/28/Add.1, paras. 1007,1014, 1019 y 1043, A/HRC/4/25/Add.1, para 168, A/HRC/17/27/Add.1, para 829).

16/02/11 JUA

IND 4/2011

India

Freedom of expression; Human rights defenders

Alleged arrest warrants related to human rights work. According to the information received, Mr. Julfikar Ali is a District Human Rights Monitor in the NGO MASUM. On 2 January 2011, a police officer from Raninagar Police Station allegedly came to Mr. Ali’s house, informing his family that he should immediately surrender related to an incident which reportedly took place on 11 January 2008, at the Kaharpara Border Security Force (BSF) outpost. Mr. Ali was reportedly not in the vicinity of the outpost that night. On 11 February, Mr. Ali went to the District Court to surrender, in order to settle the issue, and to be able to continue his work. The District Court granted anticipatory bail. On 14 February, the District Court granted another anticipatory bail to Mr. Ali in relation to another complaint. In this case, Mr. Ali’s name reportedly did not appear in the complaint filed by the BSF. Mr. Ali was the subject of an earlier communication (see A/HRC/10/12/Add.1, para 1196).

27/03/11

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16/02/11 JUA

MYS 2/2011

Malaysia

Freedom of religion; Torture

Alleged risk of ill-treatment and discrimination in relation to deportation. According to the information received, Mr. X, aged 33, from Karachi, Pakistan, submitted his application for asylum in Kuala Lumpur on 29 November 2010. He belongs to the Ahmadiyyah community. Since 2008, Mr. X had reportedly been threatened in Pakistan and targeted by religious leaders, due to his practice and preaching of the Ahmadiyyah faith. Mr. X was allegedly forced to flee from Pakistan in 2010, leaving behind his pregnant wife and son. Their safety and well being is also reportedly at risk. Mr. X had been awaiting the status of his asylum application in Kuala Lumpur.

18/04/11

16/02/11 JUA

THA 5/2011

Thailand

Disappearances; Human rights defenders

Alleged threats against human rights activist in relation to the enforced disappearance of her husband. According to the information received, between 18 and 20 January 2011, Ms. Angkhana Neelaphaijit received a number of threatening phone calls from unknown persons. Ms. Neelaphaijit is the President of the Justice and Peace Foundation and wife of human rights lawyer Mr. Somchai Neelaphaijit, who disappeared on 11 March 2004. The phone calls reportedly coincided with ongoing legal proceedings concerning the case of Mr. Neelaphaijit. Ms. Neelaphaijit was the subject of earlier communications (see E/CN.4/2006/95/Add.1, para 500; A/HRC/4/37/Add.1, para 641; A/HRC/7/28/Add.1, para 1837; A/HRC/10/12/Add.1, paras 2493 and 2497).

24/06/11

16/02/11 JUA

ARE 2/2011

United Arab Emirates

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged arbitrary detention of a human rights defender. According to the information received, on 4 February 2011, Mr. Hassan Mohamed Al Hamadi, a 52 year-old human rights defender, was arrested following a speech he made in support of the demonstrations in Egypt. Police agents from Khor Fakhan and the State Security Forces allegedly arrested Mr. Al Hamadi without an arrest warrant. For three days he was allegedly held incommunicado at the police station of Khor Fakhan. On 9 February, Mr. Al Hamadi was transferred to the headquarters of the State Security in Abu Dhabi. Reportedly, he was not officially charged or informed of the reasons for his detention. Mr. Al Hamadi reportedly had no access to a lawyer or family visits.

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17/02/11 JUA

BHR 1/2011

Bahrain

Freedom of expression; Human rights defenders; Summary executions; Torture

Alleged excessive use of force in the context of peaceful protests. According to the information received, security officials used weapons against peaceful demonstrators, resulting in at least six deaths, with a high number of people injured. On 14 February 2011, during a demonstration in al-Daih village, Mr. Ali Abdulhadi al-Mushaima, aged 27, was allegedly shot whilst walking out of his house. He was reportedly taken to al-Salmaniaya hospital in Manama, where he died. On 15 February, people reportedly gathered at the gates of the hospital as his body was transferred to the cemetery. Riot police reportedly used tear gas and shotguns to disperse the crowd. Consequently, Mr. Fadhel Salman al-Matrook, aged 32, was severely injured and died later in hospital. On 17 February 2011, peaceful demonstrators gathered at Pearl Roundabout, in the centre of Manama were reportedly attacked by security forces. At least four people were allegedly killed: Mr. Issa Abdel Hassan, aged 61, Mr. Mahmoud Makki, aged 23, Mr. Ali Khudair, aged 52 and Mr. Hussaid Zayed.

05/04/11

17/02/11 JUA

BGD 1/2011

Bangladesh

Arbitrary detention; Independence of judges and lawyers; Torture

Alleged arbitrary detention of political activist. According to the information received, on 14 December 2010, Ms. Moshrefa Mishu, General Secretary of the Ganatantrik Biplobi Party and President of the Garment Workers Unity Forum was arrested by members of the Dhaka Metropolitan Police and detained in Dhaka Central Jail. Prior to her arrest, Ms. Mishu had reportedly received death threats from callers who introduced themselves as officers of intelligence agencies and the Special Branch of police. Ms. Mishu was reportedly interrogated about her visits abroad, the funders of her political activities, her relationship with external groups in China as well as her attachment with the workers’ movements. The police reportedly insisted on her signing a blank piece of paper. Ms. Mishu refused, and was allegedly subjected to several death-threats by the police officers. The Metropolitan Magistrate reportedly rejected a bail petition, stating that he had strict direction from the Government not to grant bail to Ms. Mishu.

09/03/11

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17/02/11 JUA

IDN 1/2011

Indonesia

Freedom of religion; Minority issues; Summary executions; Torture

Alleged harassment and attacks against the Ahmadiyyah community. According to the information received, on 6 February 2011, over 1,000 armed people stormed the house of an Ahmadiyyah community leader in Umbulan village in West Java. Three members of the community, Mr. Adi Mulyadi (24 years old), Mr. Roni (34) and Mr. Tarno (33), were allegedly beaten and stoned to death. Mr. Ferdiaz (30) and Mr. Deden Sujana (45) were stabbed, Mr. Bebi (45) received a serious injury to his head and Mr. Masihudin was stripped naked and beaten. The attackers reportedly destroyed the house and vehicles parked around it. This follows an incident on 5 February, when the house of the local Ahmadiyyah leader Mr. Ismail Suparman was attacked. On 28 January 2011, an Ahmadiyyah congregation was reportedly evacuated following an attack on the congregation in the Makassar mosque, in the capital of South Sulawesi. The minister for security reportedly reminded Ahmadiyyah members of the joint ministerial decree of 9 June 2008, which instructs adherents of the Indonesian Ahmadiyyah Congregation, as long as they claim to be Muslims, to stop the spreading of the belief that there is another prophet after Muhammad.

17/02/11 AL

OTH 2/2011

Other

(UNFICYP)

Freedom of religion

Alleged restrictions on the right to worship and to exercise freedom of religion. According to the information received, on 25 December 2010, Turkish Cypriot authorities interrupted the service taking place in the Church of Saint Sinesios in Rizokarpaso, forced the congregation out of the church and subsequently sealed it. Reportedly, the Church is one of seven religious sites in the area where religious services can be performed without advance permission. The same day, Turkish Cypriot authorities reportedly refused permission for the performance of Christmas mass in the Church of the Holy Trinity (Ayia Triada) in the nearby village of Yialoussa. On 4 February 2011, Christian worshippers on the Karpas peninsula were allegedly banned from holding evening masses. Reportedly, a new procedure had been introduced by the Turkish Cypriot authorities, requiring that all religious celebrations (apart from those on Sundays) in the village churches seek permission with at least 30 days advance notice.

03/05/11

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17/02/11 JUA

TJK 1/2011

Tajikistan

Health; Independence of judges and lawyers; Torture

Alleged torture and lack of medical attention. Mr. Ilhom Ismanov was the subject of a communication sent on 19 November 2010 (see below, case no TJK 4/2010). According to the new information received, in mid-November 2010, Mr. Ismanov was transferred to a pre- trial detention facility in Khujand. His lawyer was reportedly able to see him on 20 November for the first time since the court hearing of 12 November, but was not able to meet him in private. Mr. Ismanov’s wife was reportedly allowed to see him briefly. Mr. Ismanov reportedly had difficulty walking and looked frightened. Reportedly, neither the lawyer nor Mr. Ismanov’s wife had been able to obtain any information as to whether an investigation had been launched into the torture allegations. Mr. Ismanov allegedly has a serious respiratory disease and urgently needed medical examinations in order to administer the appropriate treatment.

18/02/11 UA

CHN 4/2011

China

Indigenous peoples

Allegation that the construction of a hydroelectric dam could result in food insecurity, health concerns and conflict. According to the information received, the Gibe III dam is being constructed by two Chinese companies. The dam will allegedly block the southwestern part of the Omo River, on the border of Ethiopia and Kenya, creating a 150 km long reservoir and reducing downstream flows. The Lower Omo River Valley is populated by some 500,000 people belonging to diverse indigenous peoples. Competition over land and resources has resulted in periodic conflicts among these groups. In addition to its importance for subsistence agricultural activities, the Omo River provides the grazing and watering necessary for raising cattle, goats and sheep. The river is also of special religious and cultural significance to many of the groups that inhabit the region, and it is used as a means of transportation and for bathing.

12/07/11

18/02/11 UA

ETH 1/2011

Ethiopia

Indigenous peoples

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18/02/11 UA

KEN 2/2011

Kenya

Indigenous peoples

Allegation that the construction of a hydroelectric dam could result in food insecurity, health concerns and conflict. According to the information received, the Gibe III dam is being constructed by two Chinese companies. The dam will allegedly block the southwestern part of the Omo River, on the border of Ethiopia and Kenya, creating a 150 km long reservoir and reducing downstream flows. The Lower Omo River Valley is populated by some 500,000 people belonging to diverse indigenous peoples. Competition over land and resources has resulted in periodic conflicts among these groups. In addition to its importance for subsistence agricultural activities, the Omo River provides the grazing and watering necessary for raising cattle, goats and sheep. The river is also of special religious and cultural significance to many of the groups that inhabit the region, and it is used as a means of transportation and for bathing.

18/02/11 JAL

MYS 3/2011

Malaysia

Food; Indigenous peoples

Alleged failure to recognize and respect native customary land rights. According to the information received, the Kayan indigenous community of the Long Teran Kanan village in Tinjar, Miri, Sarawak had been involved in a legal dispute over their land for 12 years. The Miri High Court allegedly ruled in favour of the community on 31 March 2010. One of the defendants, IOI Pelita Plantation Sdn. Bhd., appealed the judgment and had allegedly not respected the court order in the interim, continuing palm oil operations in the community. The village’s crops have reportedly been bulldozed and planted with oil palms, destroying the Kayan people’s traditional livelihoods and threatening their right to food. This case is reportedly emblematic of the over 200 cases before the Sarawak courts relating to indigenous communities’ ability to exercise their native customary rights over their lands, upon which they depend for fishing, hunting or farming, and which are essential to their cultural survival. See the Special Rapporteur’s observations on this case in A/HRC/18/35.Add.1.

15/07/11

18/02/11 UA

MEX 4/2011

Mexico

Arbitrary detention

Supuestas detenciones arbitrarias de personas indígenas. Según las informaciones recibidas, el 3 de febrero de 2011, Mariano Demeza Silvano, 17 años; Domingo Pérez Álvaro; Pedro Hernández López; Miguel López Deara; Domingo García Gómez; Juan Aguilar Guzmán; Pedro García Álvaro; Jerónimo Guzmán Méndez; Pedro López Gómez y Miguel Álvaro Deara, todos indígenas Tsetsales adherentes al movimiento La Otra Campaña (LOC), fueron arrestados a Las Cascadas de Agua Azul, por agentes de la Policía Estatal. Los detenidos fueron consignados al Juzgado Penal de Playas de Catazajá y trasladados al Centro Estatal para la Reinserción Social de Sentenciados No. 17. Ninguno de los consignados habría tenido acceso a un abogado o traductor. Se informa que agentes de la Policía Estatal se encuentran ocupando terrenos que el mencionado grupo indígena ancestralmente ha reivindicado como suyo. Se afirma que la detención se debe a su condición de adherentes a LOC, y parte de una acción represiva del gobierno estatal.

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18/02/11 JUA

SYR 3/2011

Syrian Arab Republic

Arbitrary detention; Freedom of expression; Independence of judges and lawyers

Alleged incommunicado detention, prison sentence on unclear charges and solitary confinement. According to the information received, on 27 December 2009, Ms. Tal al- Mallohi, a 19 year old high school student, was summoned to Damascus for interrogation by the State Security relating to an article she had published on her blog. She was allegedly held in incommunicado detention at an undisclosed location without charge for nine months. On 5 October 2010, Ms. al-Mallohi was reportedly charged with spying for a foreign country. On 14 February 2011, she appeared before Damascus State Security Court, and was reportedly sentenced to five years of imprisonment for “divulging information to a foreign State.” The court did not disclose any evidence or details of the reason behind the verdict, and the verdict was final. Since 30 September 2010, other than during her court appearance, Ms. al-Mallohi had been held in solitary confinement in Doma prison.

21/02/11 JUA

BGD 2/2011

Bangladesh

Arbitrary detention; Health; Independence of judges and lawyers; Torture

Alleged detention and torture of opposition politician. According to the information received, Mr. Salauddin Quader Chowdhury, aged 63, Member of Parliament from the opposition Bangladesh National Party, was arrested on 16 December 2010 by the security forces of Rapid Action Battalion, Detective Branch police, and the Directorate-General Foreign Intelligence. Mr. Chowdhury was not charged, nor did he have access to a lawyer since his arrest, and he was reportedly subjected to torture by the security forces. When his condition deteriorated under interrogation, he was taken to the Bangabandhu Medical Hospital for treatment. On 22 December 2010, Mr. Chowdhury was reportedly placed in Dhaka Central Prison pending proceedings. He was reportedly not present at the Court hearing and had not been allowed to meet his lawyers. Mr. Chowdhury was since his arrest reportedly denied access to independent, specialized medical treatment.

09/03/11

21/02/11 JAL

GTM 1/2011

Guatemala

Human rights defenders; Summary executions

Supuesto asesinato relacionado con actividades de promoción y protección de los derechos humanos. Según las informaciones recibidas, el 2 de febrero de 2011, el Sr. Víctor Aroldo Leiva Borrallo fue asesinado en la Ciudad de Guatemala, en el momento de salir de su clase de baile en la sede de la Asociación Trasciende, una asociación conformada por jóvenes artistas. Según se informa, otros tres miembros del Colectivo Caja Lúdica también fueron asesinados en la Ciudad de Guatemala en 2009: El Sr. Juan Manuel Orozco Ambrosio, el Sr. Nexo Pineda y el Sr. Saulo Fernando González Estrada.

16/05/11

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22/02/11 JUA

IRN 4/2011

Iran (Islamic Republic of)

Arbitrary detention; Disappearances; Freedom of religion; Minority issues; Torture

Alleged arrests and detention of members of religious minorities. According to information received, the following Christians had been arrested and/or detained: Mr. Mostafa Shokrollahi, Mr. Khalil Yar-Ali, Mr. Arastoo Faroukh Samani, Mr. Abrahim Firouzin, Mr. Leonard Keshishian (whose place of detention remained undisclosed), Mr. Yasaman Yar- Ahmadi, Mr. Basir Amini, Mr. Rafi Nadipoor, Ms. Leila Akhavan, Ms. Sara Akhvan, Mr. Mehdi Forootan, Ms. Ladan Nouri, Mr. Farshid Fathi, Mr. Mohammad Zardouz, Ms. Nasrin Hosseini Nia, Mr. Javad Zare, Ms. Anahita Zare, Mr. Davood Abdi, Mr. Rasool Abdolahi, Ms. Maryam Abdolahi, Pastor Abrahamian, Mr. Mojtaba Keshavarz-Ahmadai, Mr. Shahin Rostami Azar-Kordi, Mr. Reza Estifan, Mr. Ehsan Behrouz, Mr. Ali Shahvari. In January 2011, Pastor Behnam Irani was found guilty for “action against the order”. On 24 January 2011, as Pastor Behnam was leaving the tribunal, he was allegedly kidnapped and his whereabouts remained unknown. Arrest and detention of members of the Bahá'í faith: On 30 December 2010, four Intelligence Ministry officers allegedly came to Mr. Adib Haghpajouh’s home in Shiraz, Fars province, confiscated all material related to his religion, and arrested him. On 28 December 2010, officers of the Intelligence Ministry reportedly searched the homes of Ms. Shiva Karimi, Ms. Homeyra Parvizi, Mr. Navid Marghi and Mr. Masrour Fazli in Oroumiyeh, West Azerbaijan province. Material related to the Bahá'í faith were confiscated. Ms. Karimi, Ms. Parvizi and Mr. Marghi were allegedly arrested. Mr. Fazli, Mr. Ehsan Amouzegar and Mr. Akbar Arsalani were arrested on 30 December 2010. On 20 December, Ms. Anisa Safarian was arrested at her home in Babolsar, Mazandaran province. Before taking her into custody, Intelligence Ministry agents reportedly searched the home and confiscated material related to the Bahá’í faith. On 8 December 2010, Intelligence Ministry officers came to the home of Mr. Omid Ghanbari in Sari, Mazandaran province and arrested him. Agents later arrested his wife, Ms. Fattaneh Nouri (Ghanbari), and his sister, Ms. Roya Ghanbari. Concern was expressed about the personal security of seven detained Bahá'ís: Ms. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr. Vahid Tizfahm and Ms. Mahvash Sabet. They were the subject of earlier communications (see A/HRC/10/8/Add.1, paras. 93-94 and paras. 101-112; A/HRC/13/40/Add.1, paras. 130-135; and A/HRC/16/53/Add.1, paras. 185-195).

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23/02/11 JUA

LBY 1/2011

Libyan Arab Jamahiriya

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Mercenaries; Summary executions; Torture

Alleged excessive use of force against protesters. According to the information received, security forces used live ammunition against demonstrators in the cities of al-Bayda and Benghazi in the context of peaceful demonstrations. The authorities allegedly enlisted the assistance of ‘mercenaries’ brought in from other countries. The death toll between 17 and 23 February 2011 was at least 233 people. The following were allegedly killed: Naji Jumaa Jordane Al Kawafi, aged 18; Motaz Abdel Ati Al Darouqi, aged 19; Hamad Al Allam, aged 27; Faouzi Hussein Al Sabiri, aged 36; Marwan Al Shattat, aged 20; Mohamed Salem Boujnah, aged 21; Idris Ali Raslan Al Maghribi, aged 13; Rami Saleh Al Maghribi, aged 18; Moayed Fathi Boujlaoui, aged 26; Mohamed Abdeladim Al Saiti; Aboubakr Fathi Al Tachani; Ahmed Kamal Al Chahini; and Salem Abou Madi. The following human rights defenders and activists, including their family members, were reportedly arrested and their fates and whereabouts remained unknown: Mr. Al Mahdi Saleh Hmeed, Mr. Sadek Saleh Hmeed, Mr. Ali Saleh Hmeed and Mr. Fredj Saleh Hmeed. In addition, Mr. Mohamed Srit, and Mr. Fathi Tarbal were arrested and subsequently released. Unconfirmed reports indicate that 17 activists, lawyers and former political prisoners were arrested, including Mr. Abdelhafuz Ghogha, a prominent human rights lawyer. The authorities reportedly cut all landline and wireless means of communication in the country and blocked websites, including the Al-Jazeera website, as well as social networking sites.

23/02/11 UA

GBR 1/2011

United Kingdom of Great Britain and Northern Ireland

Torture Alleged risk of torture for asylum seeker facing deportation. According to the information received, Mr. X, aged 27, a national of Burundi, fled to the UK with his sister in 2000 after witnessing the killing of their parents and other family members. On 16 June 2003, Mr. X’s application for asylum was refused. On 23 July 2008, his application for indefinite leave to remain in the UK was refused. The UK Border Agency reportedly issued a decision about forcibly returning Mr. X to Burundi, and he was subsequently taken to Campsfield House immigration removal centre. Mr. X is a homosexual, and reportedly, article 567 of the new Penal Code in Burundi, of 22 April 2009, declared same-sex sexual conduct illegal and punishable with up to two years imprisonment and a fine.

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25/02/11 JUA

BLR 2/2011

Belarus

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged harassment, arrests and interrogation of human rights defenders. According to the information received, on 19 January 2011 Mr. Andrei Paluda, member of Viasna, was interrogated by the State Security Agency (KGB) Sklou district department. On 27 January, Mr. Valiantsin Stefanovich, co-chair of Viasna, was reportedly summoned for questioning at the local KGB office in Mazyr. On 28 January, Ms. Natalia Radina, editor of charter97.org, was released from detention. Reportedly, her passport was confiscated and she was forced to relocate to Kobrin. On 14 February, Mr. Ales Bialiatski, president of Viasna, was allegedly summoned to present himself at the office of the Public Prosecutor, where he was given a written warning. On 17 January, three officers of the KGB reportedly searched the headquarters of Viasna. During the search, Mr. Bialiatski was reportedly arrested. The above persons were the subject of an earlier communication (see above, case no. BLR 1/2010). Information about new cases: On 19 January, the home of Ms. Raisa Mikhailouskaya, leader of the Centre for Human Rights, Minsk, was allegedly raided by KGB officers. Allegedly, on 21 January, the home of Mr. Uladzimir Tseliapun, human rights defender, was raided by the KGB officers. On 14 February, Mr. Tseliapun reportedly received a summons to present himself at the local KGB office. On 26 January, local KGB officers in Homiel reportedly searched the home of human rights defender Mr. Leanid Sudalenka. On 29 January, Mr. Aleh Vouchak, legal assistant at the Centre for Human Rights, Minsk, was reportedly interrogated by Frunzienski police officers. On 29 January, Ms. Iryna Khalip, a human rights journalist, was reportedly released from pre-trial detention and placed under house arrest. Her husband Mr. Andrey Sannikov remained in detention. On 15 February, Ms. Nasta Loika, lawyer with Viasna, received various phone calls from an investigator of military counter intelligence, who reportedly invited her to become an informant.

01/03/11 (reply relating to procedural matters)

25/02/11 UA

UGA 2/2011

Uganda

Human Rights Defenders

Alleged break-in at the office of Sexual Minorities Uganda (SMUG). According to the information received, during the night of 24 and 25 February 2011, the premises of SMUG were broken into by unknown individuals. A laptop, a hard-disk drive and diaries which contained confidential information, were stolen.

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28/02/11 JUA

ZWE 1/2011

Zimbabwe

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged arrest and detention of activists. According to the information received, on 19 February 2011, police arrested 45 social justice and human rights activists as well as some bystanders, who were attending a meeting in Harare: Munyaradzi Gwisai, Antonater Choto, Tatenda Mombeyarara, Michael Sozinyu, Eddson Chakuma, Hopewell Gumbo, Welcome Zimuto, Phillip Magaya, Prolific Mataruse, Godknows Biya, David Mupatse, Douglas Muzanenhamo, Ganizani Nunu, Reki Jimu, Josphat Chinembiri, Strutton Muhambi, Trevor Chamba, Clarence Mugari, Munyaradzi Maregedze, Willie Hlatswayo, Ian Muteto, Tinashe Muzambi, Tinashe Mutazu, Pride Mukono, Lenard Kamwendo, Tinashe Chisaira, Trust Munyama, Peter Garanewako, Elizabeth Makume, Megline Malunga, Daison Bango, Malvern Hobwana, Tashinga Mudzengi, Ednar Chabalika, Thokozile Mathe, Francisca Thompson, Masline Zvomuya, Nhamo Kute, Annie Chipeta, Tabeth Chideya, Charles Mubwandarikwa, Thomas Chibaya, Fatima Manhando, Blessing Muguzayaya and Robert Muhlaba. They were taken to Harare Central Police station where a dozen were allegedly beaten, and subsequently denied medical treatment for their injuries. On 24 February, one of the detainees, Mr. Munyaradzi Gwisai, disclosed in court that they were subjected to torture sessions during their detention by the police at Harare Central Police Station, aimed at securing confessions from the activists which would implicate them in the commission of treason, a charge they are currently facing in court. Reportedly, all 45 activists remained incarcerated in Harare Remand Prison and at Chikurubi Maximum Prison.

01/03/11 JUA

COL 1/2011

Colombia

Human rights defenders; Independence of judges and lawyers

Supuesta detención de defensor de derechos humanos. Según las informaciones recibidas, el 1 de febrero de 2011, el Sr. David Ravelo Crespo, secretario de la Corporación Regional para la Defensa de los Derechos Humanos (CREDHOS), habría sido acusado formalmente por “homicidio agravado”. El Sr. Ravelo Crespo estaría detenido en la prisión de la Picota en Bogotá. Las acusaciones habrían estado basadas en las declaraciones de cuatro paramilitares desmovilizados según las cuales el Sr. Ravelo Crespo habría mantenido nexos con la FARC y habría sido uno de los autores del asesinato del entonces Secretario de Obras Públicas de Barrancabermeja, el Sr. David Núñez Cala. Desde el año 2008, cuando la Fiscalía habría abierto la investigación contra el Sr. Ravelo Crespo, éste habría sido objeto de amenazas contra él y su familia. El Sr. Ravelo Crespo fue objeto de comunicaciones anteriores (ver E/CN.4/2006/95/Add.1, para 116; A/HRC/10/12/Add.1, para 697).

03/06/11

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02/03/11 JUA

CHN 5/2011

China

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Independence of judges and lawyers; Torture

Alleged pattern of arrests, detentions, enforced disappearances and intimidations of human rights defenders and lawyers. According to the information received, on 20 February 2011, calls for protests inspired by the so-called “Jasmine Revolution” were made through the Internet in at least eighteen cities across the country. In this context, a large number of human rights activists and lawyers were allegedly interrogated, arrested, detained, and subjected to intimidation by the authorities, many of whom had also forcibly disappeared. In a number of cases, some lawyers and activists had allegedly been placed under surveillance and/or house arrest, and some of their personal belongings, in particular computers, had been confiscated. The fate and whereabouts of the following reportedly remained unknown: Mr. Huang Yanming, Mr. Gu Chuan, Mr. Qi Zhiyong, Mr. Ran Yunfei, Mr. Yao Lifa, Mr. Li Hai, Mr. Tang Jingling, Mr. Ye Du, Mr. Chen Zhonghe, and Mr. Xiao Shichang. The following were allegedly placed under house arrest/surveillance: Ms. Li Xinai, Ms. Jin Han, Mr. Hu Guohong, Ms. Chen Xue, Mr. Du Daobin, and Mr. Ren Qiuguang. The following were reportedly detained: Mr. Chen Yunfei, Ms. Liang Haiyi, Mr. Ding Mao, Mr. Chen Wei, Mr. Deng Taiging, Mr. Yue Tianxiang, Ms. Hao Xiuxia, Mr. Zheng Daijing, Mr. Qian Jin, Mr. Zheng Chuangtian, Mr. Jiang Hansheng, and Mr. Hua Chunhui. The following were reportedly harassed/intimidated: Mr. Liu Feiyue, Mr. Yang, Mr. Qin Yongmin, Mr. Shi Yulin. Mr. Feng Zhenghu reportedly had his home searched. Mr. Liu Shihui was allegedly beaten up. On 16 February, the lawyers Mr. Tang Jitian, Mr. Teng Biao and Mr. Jiang Tianyong were allegedly targeted by the authorities. The fate and whereabouts of Mr. Tang Jitian remained unknown. He was the subject of earlier communications (see A/HRC/10/12/Add.1, para 656; A/HRC/13/22/Add.1, para 345; and A/HRC/16/44/Add.1, para 388). It was unclear where Mr. Teng Biao was detained. He was the subject of earlier communications (see A/HRC/7/28/Add.1, para 239; A/HRC/10/12/Add.1, para 484).Mr. Jiang Tianyong was reportedly taken away by the police. He was the subject of earlier communications (see A/HRC/13/22/Add.1, para 345; and A/HRC/16/44/Add.1, para 446).

03/03/11 JAL

AGO 1/2011

Angola

Migrants; Torture; Violence against women

Alleged mass deportations. According to the information received, over the last decade there have been mass expulsions by Angolan authorities of migrants, seemingly largely targeted at those involved in informal diamond mining in Northern Angola. While some of the deportees did not have legal residence in Angola, others reportedly possessed residence permits. It is alleged that persons expelled from Angola have been victims of serious human rights violations committed by Angolan law enforcement and security officials in the expulsion process. These include sexual violence, torture and other cruel, inhuman and degrading treatment. It is further reported that most of the expelled persons from Angola were forcibly returned to the DRC.

30/03/11,

12/04/11

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03/03/11 JUA

BLR 3/2011

Belarus

Summary executions; Torture

Alleged lack of transparency in relation to executions. According to information received, on 14 May 2010, Mr. Aleh Gryshkautstou, aged 29, and Mr. Andrei Burdyka, aged 28, were sentenced to death by shooting. On 17 December 2010, the Supreme Court in Minsk reportedly turned down their appeal. There is reportedly a lack of transparency in post- conviction proceedings with regard to capital punishment cases. Allegedly, prisoners are given no prior notification that they are about to be executed. Their families are reportedly not given the opportunity for a last visit to the prisoner and they are informed days or sometimes weeks later that the execution has taken place. Allegedly, the body of the executed prisoner is not handed over to the family and the place of burial is not disclosed to them.

12/04/11

03/03/11 JUA

FJI 1/2011

Fiji

Freedom of expression; Human rights defenders; Torture

Alleged arrests, arbitrary detentions, torture and ill-treatment in relation to a planned demonstration. According to the information received, on 27 January 2011, Mr. Benjamin Padarath was arrested by four members of the Fiji military. Later that night, he was reportedly removed from his cell at the Queen Elizabeth Barracks (QEB) and severely beaten and assaulted by military officers. On 10 February, he was reportedly again taken to the QEB, where he was beaten. The officers reportedly threatened to kill him and his family. On 28 January, lawyer Ms. Renee Lal was reportedly detained by the military and physically assaulted. On 18 February, Mr. Felix Anthony; Mr. Maika Namudu; Mr. Anil Kumar; Mr. Mohammad Khalil and Mr. Anand Singh were allegedly detained and tortured by military officers. Reportedly, on 10 February, Mr. Poseci Bune and Mr. Anand Kumar Singh were detained at the military barracks in Suva. On 25 February, Mr. Samisoni Speight Tikoinasau was reportedly detained and tortured for his alleged involvement in organizing the protest planned for 4 March, as well as for distributing DVDs about human rights violations in Fiji. On 26 February, seven men were reportedly detained and physically and sexually assaulted by soldiers at the QEB.

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03/03/11 UA

GTM 3/2011

Guatemala

Independence of judges and lawyers

Supuesta falta de transparencia en relación con el proceso de elección de magistrados de la Corte de Constitucionalidad. El artículo 269 de la Constitución Política de la República dispone que los magistrados de la Corte de Constitucionalidad serán designados en la siguiente forma: un por el pleno de la Corte Suprema de Justicia; un por el pleno del Congreso de la República; un por el Presidente de la República en Consejo de Ministros; un por el Consejo Superior Universitario de la Universidad de San Carlos de Guatemala; y un por la Asamblea del Colegio de Abogados. De conformidad con la información recibida, cada una de las instituciones ha establecido diferentes criterios para desarrollar sus respectivos procedimientos. La Relatora especial reiteró su llamado al Gobierno a que adopte todas las medidas necesarias para garantizar que la selección de los magistrados de la Corte de Constitucionalidad se realice bajo un procedimiento transparente que garantice independencia e imparcialidad, esté basado en criterios objetivos determinados claramente, así como en la idoneidad, probidad y antecedentes académicos y profesionales de los candidatos.

15/04/11

03/03/11 JUA

SAU 1/2011

Saudi Arabia

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged detention of the founders of a political party. According to the information received, on 16 February 2011, Mr. Ahmad bin Sa’d al-Ghamdi, Mr. Abdul Aziz al-Wuhaibi, Mr. Muhammad bin Hussain al-Qahtani and Mr. Muhammad bin Nasser al-Ghamdi, together with three other Saudi Arabian citizens, were arrested by members of the Interior Ministry’s General Intelligence. A week prior to their detention, they had submitted a request for recognition of what would be Saudi Arabia’s first political party, the Islamic Omma Party. All of them were asked to sign an undertaking that they would renounce their activities with the party. Mr. bin Sa’d al-Ghamdi, Mr. Aziz al-Wuhaibi, Mr. bin Hussain al-Qahtani and Mr. bin Nasser al-Ghamdi reportedly refused to do so, and as a result they were placed in detention.

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03/03/11 JUA

YEM 1/2011

Yemen

Arbitrary detention; Freedom of expression; Human rights defenders; Summary executions; Torture

Alleged violence and attacks against journalists in connection with demonstrations. According to the information received, in February 2011, several thousand people demonstrated in several cities. Security forces allegedly used electric tasers and batons to quell demonstrators in Sana’a. In Taiz, security officials reportedly arrested between 35 and 120 people. Some of the detainees were allegedly beaten and mistreated. Also in Taiz, three people were allegedly killed in the demonstrations, with one of the deaths resulting from a hand grenade which also injured eight others, including Ms. Bushra Al-Maqtari. On 20 February, Mr. Hasan Ba’oom was allegedly arrested by security forces, taken to a military hospital in Aden and subsequently transferred to the Central Prison in Sana’a, where he had reportedly been held incommunicado. On 21 February, a male protester and a young girl reportedly died in a hospital in Aden after they were wounded by stray bullets. At least 31 journalists were allegedly beaten or harassed by security forces or armed supporters of the President, including Mr. Hassan Wataf, Mr. Abdullah Abdul Al-Quoa Al-Soufi, Mr. Yahra Arhab, Mr. Adel Abdel Mughni, Mr. Samir Nimri, Mr. Ahmand Ghrasi, Mr. Ammar Awad, Mr. Tom Finn, Mr. Hamoud Munser, Mr. Awsan Al-Qaatabi, Mr. Yasser Al-Maamari, 18 employees of Al-Yaqeen, Mr. Abdel-Karim Salam and Mr. Zaki Saqladi.

04/03/11 UA

CUB 1/2011

Cuba

Human rights defenders

Supuesto arresto e interrogatorio de activistas. Según las informaciones recibidas, el 18 de febrero de 2011, la Sra. Reina Luisa Tamayo y su marido, el Sr. José Ortiz, acompañados por el Sr. Daniel Mesa, habrían sido detenidos por agentes de seguridad. Desde su arresto y posterior liberación, agentes de seguridad habrían custodiado la residencia de la Sra. Tamayo y le habrían impedido recibir visitas. El arresto e interrogatorio de la Sra. Tamayo y del Sr. Ortiz, así como la posterior custodia de su residencia, habrían estado relacionados con su intención de organizar un acto conmemorativo del aniversario del fallecimiento del hijo de la Sra. Tamayo. El Sr. Orlando Zapata, activista político, habría fallecido en prisión el 23 de febrero de 2011, después de una prolongada huelga de hambre.

13/05/11

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10/03/11 UA

BLR 4/2011

Belarus

Independence of judges and lawyers

Alleged pattern of intimidation and interference in the discharge of the professional functions of lawyers. According to the information received, on 29 December 2010, the Ministry of Justice issued a statement, published on its website, alleging that a number of lawyers had breached the legislation on the legal profession and professional ethics. The lawyers Mr. Uladzimir Toustsik, Ms. Tamara Harayeva, Mr. Aleh Aheyeu and Ms. Tatsiana Aheyeva were reportedly found guilty of breaches of this legislation, and their licenses to practise as lawyers were revoked by the Ministry of Justice on 14 February 2011. On 4 March Mr. Pavel Sapelka was reportedly excluded from the Minsk City Bar Association by decision of its Board, on recommendation of the Ministry of Justice. It is alleged that the aforementioned lawyers as well as other lawyers might have been targeted for defending clients who were involved in the December 2010 events.

14/03/11 (reply relating to procedural matters)

10/03/11 AL

PRK 1/2011

Democratic People's Republic of Korea

Summary executions

Alleged imposition of the death penalty for financial crimes. According to information received, the Department of Peoples Security issued a proclamation on “Execution of Illegal Distributors of foreign currency” in December 2009. In January 2010, the State Security Department issued a directive on "Execution by Firing Squad for Leaking Confidential Details through Cell Phones". Several people were allegedly executed for offenses relating to the reforms, including Mr. Pak Nam-ki, Mr. Ri Tae-il, Ri Kee-woong, Mr. Oh Chong-il, two people from North Hamkyong Province, two people in Chongjin and two people in Hamheung. Additionally, from 2007 to 2010, executions were reportedly carried out for offences not regarded as serious crimes under international law. Those executed include an Officer of the Yonsa Border Guard Unit; a worker at the Hamheung Munitions Factory; two Chinese citizens; Mr. Kim Seung-pil, a manager at the Yanggang Branch of the Central Bank; a platoon leader of the Hoeryong Border Guard Unit; seventeen men in Pyongyang; three Christians in Guwol-dong, Pyongsong; Mr. So Nam-sin; Mr Kim Yong-sam; a platoon leader of the Namyang Border Guard Unit; Mr. Cha In-kon, President of Jangsaeng Trading; Mr. Jon Chol-su, President of Dongyang Trading's Branch Office in Sinuiju; and Mr. Oh Mun- hyok, President of Nungra Trading's Branch Office in Yonsa County.

01/04/11

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11/03/11 AL

FRA 1/2011

France

Migrants Allégation de violations des droits des étrangers en « zone d’attente ». Selon les informations reçues, les personnes qui ne remplissent pas les conditions nécessaires pour accéder au territoire français ou pour poursuivre leur voyage vers un pays étranger; ou qui sollicitent leur admission sur le territoire au titre de l’asile, sont placées dans des «zones d’attente». Tout étranger maintenu en zone d’attente doit se voir reconnaitre les droits énumérés par le Code de l’entrée et du séjour des étrangers et du droit d’asile. Or, leurs droits ne leur seraient pas toujours notifiés, et il y aurait des cas de violences policières. Il est rapporté qu’à plusieurs reprises, des mineurs ont été refoulés vers leur pays de provenance. La Police de l’air et des frontières n’aurait aucun contrôle sur ce qu’il peut advenir de la personne à son retour lorsque celle-ci a été refoulée.

11/03/11 JUA

QAT 1/2011

Qatar

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged detention of human rights defender. According to the information received, on 2 March 2011, Mr. Sultan al-Khalaifi, blogger and founder of a human rights organization, was arrested in Doha by individuals in plain clothes, believed to be members of State Security forces. His current fate and whereabouts remained unknown, although it was believed that he had been held in the custody of State Security. His latest blog entry reportedly contained critical comments regarding censorship of books in Qatar. Additionally, other human rights defenders have allegedly been arrested and detained recently in Qatar.

30/03/11

14/03/11 JUA

BGD 3/2011

Bangladesh

Freedom of expression; Human rights defenders

Alleged surveillance of human rights organization. According to the information received, the activities of Odhikar, a human rights organization based in Dhaka and its Secretary Advocate, Mr. Adilur Rahman Khan, had been increasingly monitored by the Bangladeshi authorities since October 2010. This allegedly followed the submission by the organization of various project proposals to the national NGO Affairs Bureau. An official from the NGO Affairs Bureau reportedly warned Odhikar staff to exercise caution while travelling, and to be aware that a legal case may be brought against them by the authorities. The offices of Odhikar had reportedly been frequently visited by officials from the Bangladeshi Police Special Branch and National Security Intelligence agents. The authorities had also reportedly made repeated phone calls to the offices of Odhikar inquiring about the work carried out, as well demanding information on the location of staff members. After the engagement with the UPR process, Odhikar was threatened and harassed by Government officials of different levels and authorities increased the monitoring of its activities. Odhikar was the subject of an earlier communication (see A/HRC/16/44/Add.1 para 211).

04/04/11

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14/03/11 JAL

GTM 2/2011

Guatemala

Human rights defenders; Summary executions

Supuestos asesinatos de cuatro personas indígenas. Según las informaciones recibidas, el Sr. Sebastian Xuc Coc, el Sr. Alberto Coc Caal y la Sra. Catalina Mucú Maas eran líderes comunitarios quienes habrían participado en negociaciones con las autoridades locales con el objeto de resolver un conflicto de tierras. El 12 de febrero de 2011, los tres se habrían desplazado en barco desde su pueblo Qeq´chi, comunidad Quebrada Seca, a la Universidad de San Carlos, en Río Dulce. Después de haber terminado sus clases, se habrían reunido con un amigo, el Sr. Amilcar Choc Cal. Los cuatro habrían salido en una lancha de Río Dulce con la intención de regresar a su pueblo. El 14 de febrero, los cuerpos de la Sra. Mucú Maas y los Srs. Coc Cal y Xuc Coc habrían sido encontrados flotando en el río. El 15 de febrero, el cuerpo del Sr. Amilcar Choc habría sido encontrado flotando también en el mismo río.

15/06/11

14/03/11 JUA

LBY 2/2011

Libyan Arab Jamahiriya

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Torture

Alleged abductions of journalists. According to the information received, on 10 March 2011, journalists Mr. Ghaith Abdul-Ahad from Iraq and Mr. Andrei Netto from Brazil were abducted by Government forces while travelling in Zawiyah in western Libya, where they had allegedly been reporting on clashes between rebels and local security forces. Following several media inquiries, the Libyan authorities reportedly admitted holding the two journalists, but refused to inform of their whereabouts. On 7 March 2011, three BBC journalists, Mr. Goktay Koraltan, a Turkish national; Mr. Feras Killani, a Palestinian Syrian; and Mr. Chris Cobb-Smith, a British national, were reportedly abducted by security forces at a checkpoint near Az Zawiyah, taken to a military barracks in Tripoli, beaten and subjected to a mock execution by members of Libya’s army and secret police before being released 21 hours later. They fled the country immediately afterwards.

16/03/11 JUA

AZE 1/2011

Azerbaijan

Freedom of expression; Human rights defenders

Alleged closure of human rights organization. According to the information received, on 10 March 2010, Human Rights House Azerbaijan was ordered by the Ministry of Justice to cease all activities with immediate effect. The Ministry reportedly stated that the organization must obtain prior permission in order to conduct its activities in the future.

05/05/11

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16/03/11 JUA

KGZ 1/2011

Kyrgyzstan

Freedom of expression; Human rights defenders; Independence of judges and lawyers; Minority issues; Racism; Summary executions; Torture

Alleged violation of due process rights and guarantees in the conduct of criminal proceedings in relation to the June 2010 violence. According to the information received, the alleged unfairness of trials, unequal treatment in the administration of justice and allegations of torture and ill-treatment have exacerbated tensions among ethnic communities, in particular among ethnic Uzbeks. Investigations and trials had reportedly mainly been conducted against ethnic Uzbeks, allegedly failing to uphold due process rights and procedural guarantees. From 27 August 2010 to 31 December 2010, 46 cases of torture and ill-treatment and 93 cases of arbitrary detention or unlawful arrest were reportedly documented. On 26 October, a decision rendered by Osh City Court reportedly stated that Mr. Farruh Gapirov had been beaten and forced to confess to the crime of which he was accused. On 10 November, the Court of Appeal sentenced Mr. Azimjan Askarov, an ethnic Uzbek human rights defender, to life imprisonment. On 26 January 2011, the Supreme Court commenced the review of the case. Mr. Askarov was reportedly in need of urgent medical attention and treatment for injuries likely to have resulted from torture. Mr. Askarov was the subject of earlier communications (see A/HRC/16/44/Add.1, paras 1422, 1449 and 1465). His lawyer, Mr. Nurbek Toktakunov, was also the subject of an earlier communication (see A/HRC/16/44/Add.1, para 1443).

31/05/11

17/03/11 UA

BHR 2/2011

Bahrain

Health Alleged takeover of hospital by the army. According to the information received, the Army of Bahrain commandeered and occupied Salmaniya hospital, the main hospital in Manama, and blocked access to it. Reportedly, entry and exit from the building had been prohibited, and the electricity cut off. Additional reports have been received that security forces had attacked medical workers and occupied smaller state and private medical centres.

18/04/11

18/03/11 JAL

AFG 2/2011

Afghanistan

Mercenaries; Summary executions

Follow-up to a communication dated 17 July 2009, which requested information on reports of a shooting incident on 29 June 2009 involving armed Afghan Special Guards (see A/HRC/14/24/Add.1, page 13 and A/HRC/15/25/Add.1, paras. 5 and 6).

18/03/11 AL

ARG 1/2011

Argentina

Torture Alegados actos de tortura en la Cárcel de Mendoza. Según las informaciones recibidas, un video habría sido presentado como prueba de una denuncia sobre torturas y condiciones de detención en la Unidad de San Felipe en la Cárcel de Mendoza, denuncia que obra en la Fiscalía de Delitos Complejos. Dicha denuncia habría sido presentada por una organización de derechos humanos, el día 7 de febrero de 2011. El video de referencia, así como otras grabaciones y fotografías que evidencian actos de tortura infligidos en perjuicio de la población interna, habrían sido capturados con un teléfono celular.

07/07/11

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18/03/11 JUA

BHR 3/2011

Bahrain

Arbitrary detention; Freedom of expression; Human rights defenders; Summary executions; Torture

Alleged excessive use of force by security forces against protesters. According to the information received, on 15, 16 and 17 March 2011 respectively, Bahraini police attacked a number of villages and the protest camp on Pearl Roundabout. Many demonstrators were allegedly beaten and wounded. At least seven protesters were reportedly killed during the clashes of 15 and 16 March, and many demonstrators sustained gunshot injuries. On 17 March, Mr. Mahmoud Makki Ali, Mr. Ali Mansour Ahmad Khudair, and Mr. Isa Abd al- Khusein, were allegedly shot dead after security forces opened fire on protesters. Mr. Isa Ali Ahmed al-Moamen died in the hospital. Reportedly, 255 patients were taken to hospital on 17 March many with severe injuries. On 15 March, the police reportedly attacked medical personnel, preventing them from carrying wounded people to hospitals and from having access to the protesters’ camp in the roundabout. The Ministry of Interior Force of Bahrain allegedly occupied Salmaniya hospital, the main hospital in Manama. On 17 March, five opposition leaders, namely Mr. Hassan Mushaima, Secretary-General of the Movement of Liberties and Democracy; Mr. Ibrahim Shareef, the Secretary-General of the National Democratic Action Society; Mr. AbdulWahab Hussain, the President of the Alwafa Islamic movement; Mr. Kareem Radhi Hassan AlHadad; Mr. Abdul Jalil AlSankees, the Board member of the Movement of Liberties and Democracy; and Mr. Ali Al Ekri were reportedly arrested by the security forces. On 15 February, Mr. Mohammed al-Buflasa, a former military officer, was reportedly detained by the Bahrain Defense Forces after he spoke at the Pearl Roundabout, criticizing the Government. His fate and whereabouts remained unknown until 4 March, when authorities announced that he was to face trial for “breaching the Bahrain Defense Force law. The offices of the only opposition newspaper, Al Wasat, were reportedly attacked, and many NGO premises in the neighborhood were stormed.

20/04/11

18/03/11 JUA

GTM 4/2011

Guatemala

Adequate housing; Food

Supuestos procesos de desalojo de doce comunidades en el Valle del Polochic. Según la información recibida, el 15 de marzo de 2011, la policía Nacional Civil y miembros del ejército desalojaron a la comunidad Miralvalle. Habrian disparado armas de fuego. Como resultado, falleció Antonio Beb Ac, y otros habrían resultado heridos: Federico Caal, Emilio Xol Yat, Hugo Leonel Caal, y Concepción Tut Coy. El 16 de marzo, la comunidad Caserío Agua Caliente de Telemán habría sido notificada con una hora de antelación del desalojo de sus casas y cultivos. El 17 de marzo otras dos comunidades habrían sido desalojadas. Se habrían realizado detenciones, intimidaciones y amenazas. Este mismo día, habrían entrado a desalojar a la comunidad “Bella Flor”, donde fue capturado por la policía el campesino Manuel Xuc Cucul de Panzos. Según la información recibida, las comunidades se encontrarían en un proceso de diálogo y negociación para resolver la conflictividad agraria.

20/04/11

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18/03/11 JUA

LBY 3/2011

Libyan Arab Jamahiriya

Disappearances; Freedom of expression; Human rights defenders; Torture

Alleged cases of enforced disappearances. According to information received, Mr. Safa Aldin Hilal Mohamed Al Shareef, a 25 year-old engineer, was arrested by Internal Security Forces agents in Ras Lanouf on 15 February 2011. This disappearance may be linked to an online social network calling for democratic demonstrations. Mr. Adel Abdallah Almadaa Salah, 35 years old, resident in Al Baida, was allegedly arrested by Internal Security Forces agents in Tripoli on 18 February, as he was calling for democratic demonstrations in the capital. Mr. Abdalsalem Alqanashi, 35 years old, media activist, resident in Al Baida, was allegedly arrested by internal security forces agents at the Libyan-Egyptian border on 19 February, as he was photographing and filming the demonstrations. Mr. Ali Mubarak Omran, 55 years old, officer in the Armed Forces, resident in Al Abrak, was allegedly arrested when he refused to fire on the demonstrators. Mr. Alsadek Almabrouk Hamada Bridan, 48 years old, teacher, resident in Bab al Shaha Al Gharbia, allegedly disappeared from Abu Slim prison when internal security forces were evacuating the prisoners on 16 February. The following persons were reportedly abducted by a group of people supporting the central military troops stationed at Al Abrak airport during confrontations against the pro-democracy demonstrators in Al Abrak: Mr. Abdalkarim Mohamed Abdalkarim, 25 years old; Mr. Salah Almabrouk Saad, 33 years old; Mr. Abdallah Abdalsilam Khalifa, 32 years old; Mr. Nasser Amar Ali, 43 years old; Mr. Farj Amar Ali, 28 years old; Mr. Assam Mohamed Abdalrazak Shahat, 22 years old; Mr. Ali Mohamed Salah, 23 years old; Mr. Souad Ali Boumbrika, 40 years old; Mr. Abdessalam Youness, 30 years old; and, Mr. Adam Masaoud Mohamed Idriss, all Libyan citizens. Sources have also reported that hundreds of recruits of the Air Force Academy allegedly disappeared, some of whom were allegedly shot dead while trying to escape.

18/03/11 JUA

MEX 5/2011

Mexico

Human rights defenders; Violence against women

Supuestas amenazas contra defensoras de derechos humanos. Según las informaciones recibidas, el 10 de marzo de 2011, la Sra. María Luisa García Andrade, la Sra. Marisela Ortiz Rivera y uno de sus hijos, habrían sido amenazados mediante dos mensajes depositados en lugares públicos. La Sra. Ortiz Rivera es fundadora de la organización Nuestras Hijas de Regreso a Casa, y la Sra. García Andrade directora de asuntos jurídicos de la misma organización. La organización lucha contra la impunidad de los secuestros y feminicidios cometidos en Ciudad Juárez. Según se informa, ambas defensoras estarían trabajando sobre casos de desapariciones supuestamente conectados a las redes de un grupo del crimen organizado conocido como “La Linea”. Tras los hechos referidos, las Sras. Ortiz Rivera y García Andrade habrían dejado Ciudad Juárez con sus hijos por motivos de seguridad. Las Sras. Ortiz Rivera y García Andrade fueron objeto de dos comunicaciones anteriores (ver A/HRC/10/12/Add.1, para 1736 y A/HRC/7/28/Add.1, para 1351).

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18/03/11 JUA

RWA 1/2011

Rwanda

Freedom of expression; Human rights defenders

Alleged threats and harassment against human rights defender. According to the information received, in light of Rwanda’s Universal Periodic Review, the Rwandan section of Human Rights League of the Great Lakes (LDGL) became involved in preparing the civil society report which was to be presented to the Human Rights Council in January 2011. In September 2010, Mr. Pascal Nyilibakwe, Executive Secretary of LDGL, and the Chair of the steering committee reportedly fled the country after receiving threats against them and their families. Shortly after Mr. Nyilibakwe had fled the country, his driver was reportedly detained and questioned by officers of the Criminal Investigation Division about how Mr. Nyilibakwe had fled the country. Allegedly, the threats and harassment experienced by Mr. Nyilibakwee originated in 2008 when LDGL published a controversial report on legislative elections.

18/03/11 JUA

UKR 2/2011

Ukraine

Arbitrary detention; Torture

Alleged detention and possible refoulement of asylum-seekers. According to the information received, since October 2010, fourteen Afghan individuals, Mr. Sherzad Nemat, Mr. Khaled Golhodud, Mr. Mohammad Ghulam Sakhi, Mr. Shabir Padsha, Mr. Jamshed Shoaeb, Mr. Mohammad Nazim, Mr. Abdul Wafed, Mr. Abdul Wassed, Mr. Ismail Ahmad Khel, Mr. Amir Zazai, Mr. Khorshid Ahmad, Mr. Walikhan Adrinzai, Mr. Wali Jan Padsha and an unaccompanied minor were held in detention centre Zhuravechi MAC in Volyn, north- west Ukraine, on charges of illegally attempting to cross the Ukrainian border into the European Union. Three of them were reportedly deported to Afghanistan on 14 March 2011, and three more on 16 March. The remaining eight were held at Boryspil airport, Kyiv. Reportedly, their asylum applications were denied by the Migration Service on 11 March. They were reportedly not provided with legal counsel or interpreters, nor were they instructed about the procedures for appeal. Additionally, allegations have been brought regarding ill- treatment in detention during their transportation to Kyiv. The individuals concerned claimed that they would be in danger upon return to Afghanistan including due to alleged threats received in the past from the Taliban, blood feud and discrimination regarding their previous professions.

18/03/11 JAL

USA 3/2011

United States of America

Mercenaries; Summary executions

Follow-up to a communication sent on 12 July 2010, which asked for clarification as to the precise identity and chain of command of the Afghan Special Guards in light of information indicating that the Afghan Special Guards are an Afghan private entity operating as a security company working with or led by American Special Forces in Afghanistan, or armed international intelligence services (see A/HRC/17/28/Add.1 page 397 and A/HRC/15/25/Add.1, paras.64-67).

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21/03/11 JUA

UZB 1/2011

Uzbekistan

Arbitrary detention; Torture

Alleged arbitrary detention of a former UNDP employee. On 9 May 2008, the Working Group on Arbitrary Detention rendered an opinion stating that the deprivation of liberty of Mr. Erkin Musaev was arbitrary. According to the new information received, Mr. Musaev has regularly been put into an isolation cell for periods of up to fifteen days. On 15 February 2011, he was again placed in solitary confinement. He was then allegedly transferred to a medical unit of the prison due to his deteriorating health condition. On 19 February, Mr. Musaev was transferred to Tashkent Hospital, San Gorodok where he underwent treatment. While in the isolation cell, Mr. Musaev was allegedly beaten by prison authorities. His family has been threatened not to contact any Uzbek authorities or to seek further information about him. Mr. Musaev was the subject of earlier communications (see A/HRC/8/4/Add.1, para 320; and A/HRC/14/23/Add.1, para 2551).

12/05/11

22/03/11 JUA

BHR 4/2011

Bahrain

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders

Alleged arrests and threats against human rights defenders. According to the information received, on 17 March 2011, Mr. Abduljalil Al Singace, head of the human rights office at Haq Movement, and Mr. Hassan Mushaima, President of Haq Movement, were arrested in the aftermath of a security operation with the alleged objective of removing protesters from Pearl Roundabout. Their fate and whereabouts remained unknown. On 15 August 2010, Mr. Abdul Ghani Al Kanja, spokesperson for the Bahraini National Committee for Martyrs and Victims of Torture, was reportedly arrested and detained upon his return from London where he, along with Mr. Al Singace, addressed the House of Lords on torture in Bahrain. On 10 March 2011, a number of social networking sites allegedly posted death threats against Mr. Abdulhadi Alkawaja, until recently the Front Line protection coordinator for the MENA region, accusing him of treason. The aforementioned individuals were the subjects of earlier communications (see A/HRC/7/28/Add.1, para 59; A/HRC/13/22/Add.1, para 103; and A/HRC/16/44/Add.1, paras 90, 107 and 132).

26/04/11

22/03/11 JUA

KHM 2/2011

Cambodia

Arbitrary detention; Cambodia; Freedom of expression

Alleged conviction of UN staff member for criminal incitement. According to the information received, on 17 December 2010, Mr. Seng Kunnaka, a staff member of the United Nations World Food Programme, was arrested and taken into custody in Russei Keo district police. On 19 December, he was reportedly tried by the Phnom Penh Municipal Court under articles 494 and 495 of the new Penal Code. Article 495 prohibits persons from directly inciting others to commit a criminal act, while article 494 defines speeches, writing or sketches, or audio-visual communications as acts of incitement, provided they are committed in public. Mr. Kunnaka was allegedly convicted for printing information materials from Khmer Information media, linked to the political opposition, and sharing them with two colleagues.

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22/03/11 JUA

CHN 6/2011

China

Arbitrary detention; Freedom of expression

Alleged residential surveillance of dissident. According to the information received, on 22 February 2011, Mr. Wu Wei, a webmaster and Network Coordinator of the Independent Chinese PEN Centre, was arrested by police authorities at his home in Haizhu, Guangdong. His home was allegedly searched, and computers, books and videos were confiscated. On 1 March, Mr. Wei was reportedly placed under residential surveillance in Fanyu on the charges of “inciting subversion of state power”. Prior to his arrest, Mr. Wei was allegedly engaged in dissident writing and activism, and as a result was often subjected to harassment.

22/03/11 JUA

IRN 5/2011

Iran (Islamic Republic of)

Arbitrary detention; Freedom of expression; Human rights defenders; Violence against women

Alleged detention of human rights defenders. According to the information received, Ms. Fatemeh Masjedi and Ms. Maryam Bidgoli were arrested on 7 May 2009 for peacefully gathering signatures for the “One Million Signatures Campaign”, to support amendments of laws that discriminate against women. They were reportedly found guilty of spreading propaganda against the system in favour of a feminist group and for publication of materials in support of a feminist group opposed to the system, and sentenced to one year’s imprisonment. This sentence was later reduced to six months. On 29 December, they were summoned to report within 3 days to prison officials in Qom to begin serving the prison sentence, but reportedly they remained free after further appeals. On 28 January 2011, Ms. Masjedi was reportedly once again arrested for peacefully collecting signatures, and taken to an unknown place of detention.

22/03/11 JUA

KGZ 2/2011

Kyrgyzstan

Arbitrary detention; Freedom of religion; Minority issues

Alleged arrests of Jehovah’s witnesses. According to information received, Mr. Janibek Nosirov (aged 22) and Mr. Iskender Kambarov (aged 17) were arrested on 29 January 2011 for possessing extremist material, namely two videos produced by the organization Hizb ut- Tahrir. Reportedly, the videos were planted on them, and the arrests were related to the recent application for registration by Jehovah’s Witnesses in the district of Batken Oblast. Both Mr. Nosirov and Mr. Kambarov were subsequently taken to court, and had been held in a pre-trial detention facility in Pulgon in Kadamja. On 10 January 2011, Ms. Nurjan Bekboyeva and Ms. Gulkaiyre Moldosheva, both Jehovah’s Witnesses, were reportedly stopped on a street in the city of Kara Kul, for preaching on the street. They were reportedly taken to the SNSS headquarters in Kara-Kul where they were interrogated. Reportedly, during the interrogation the SNSS officials insisted that the two women were preaching and that it was unlawful for them to do so without first obtaining registration.

23/05/11

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22/03/11 JUA

SAU 2/2011

Saudi Arabia

Arbitrary detention; Freedom of expression; Torture

Alleged detention of protesters. According to the information received, on 4 March 2011, Mr. Muhammad al-Wad’ani, a 25 year-old teacher, was arrested in Riyadh by men in plain clothes, allegedly members of the General Intelligence, while participating in a protest. Other individuals who participated in the protest were allegedly also arrested. Reportedly, 24 men were detained on 3 and 4 March in connection with protests in the city of al-Qatif. They were subsequently released on 8 March 2011, without charge and allegedly only after having signed a pledge not to protest again. Mr. al-Wad’ani reportedly continued to be detained incommunicado, and is believed to be at risk of torture or ill-treatment.

23/03/11 JUA

BRA 1/2011

Brazil

Human rights defenders; Summary executions; Torture

Alleged killing of human rights defender and death threats against his family. According to the information received, Mr. Sebastião Bezerra de Silva was the coordinator of the west- central branch of the National Human Rights Movement and a member of the Tocantins Human Rights Commission. Mr. de Silva was reportedly involved in investigating the use of extrajudicial executions, torture and other forms of ill-treatment by members of the Brazilian police force and security authorities. On 28 February 2011, the body of Mr. de Silva was reportedly discovered on a farm in the municipality of Dueré, Tocantins State. An examination of the body reportedly revealed that Mr. de Silva had been subjected to torture before he was killed. In the period preceding his disappearance, Mr. de Silva and his family allegedly received numerous death threats via telephone.

23/03/11 JUA

RUS 2/2011

Russian Federation

Arbitrary detention; Independence of judges and lawyers; Torture

Alleged torture of a detainee. According to the information received, Mr. Rasul Kudaev was arrested on 23 October 2005 on suspicion of involvement in an armed attack on the Government in Nalchik, and had since been held in a pre-trial detention center. Due to alleged inadequate medical care and repeated acts of torture, Mr. Kudaev’s health rapidly deteriorated. He had allegedly never received an independent medical examination, despite repeated requests. Since 4 March 2011, in the course of resettling detainees to a new building, a wide crackdown on detainees reportedly took place. Mr. Kudaev was reportedly beaten for breaking the rules and disobeying orders of staff, and was placed in a punishment cell on 11 March 2011. Mr. Kudaev together with seven other defendants was the subject of an urgent appeal sent by the Chair-Rapporteur of the Working Group on Arbitrary Detention on 27 May 2004.

11/05/11

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23/03/11 JAL

LKA 1/2011

Sri Lanka

Independence of judges and lawyers; Violence against women

Alleged lack of proper investigation into the rape of a child. According to the information received, on 5 October 2010 X, a 9-year-old girl was raped by Mr. Y. Her parents filed a complaint against the suspect at Peradeniya Police Station. Allegedly, the police had not taken sufficient steps to properly complete the investigation into this rape case, despite new allegations that Mr. Y raped another local girl on 14 October. As Mr. Y is a wealthy entrepreneur, the child’s parents fear that he may be influencing the law enforcement authorities to avoid prosecution. Mr. Y’s brother had allegedly threatened to kill X’s parents if they pursued the case.

24/03/11 JUA

PAK 2/2011

Pakistan

Arbitrary detention; Summary executions; Torture

Allegations of increased and continued killings in Balochistan. According to available information, since July 2010, at least 56 persons have been killed in Balochistan. The perpetrators are alleged to be the Government security forces and certain armed groups, some of whom have claimed responsibility for the killings. Security forces have reportedly denied responsibility for the killings and have asserted that they are a result of rivalry between certain armed groups who are targeting Government officials and civilians. The killings in Balochistan were the subject of two earlier communications (A/HRC/17/28/Add.1, pages 316 and 320).

28/03/11

24/03/11 AL

TUR 1/2011

Turkey

Freedom of religion

Alleged restrictions on the right to freedom of religion. According to the information received, on 27 January 2011, the Turkish Court of Cassation published a ruling which granted substantial parts of St. Gabriel Monastery (Mor Gabriel), an Assyrian Christian religious center established in south-east Anatolia, to the Turkish Treasury. This case is reportedly one of many involving members of the Assyro-Chaldean community who continue to face difficulties in property and land registration procedures. Furthermore, the monastic community reportedly receives constant death threats from local people. In 2007, a monk was reportedly kidnapped by village guards, and there have been repeated attacks with land surrounding the villages being set on fire. In addition, the Assyro-Chaldean community reportedly continues to face restrictions in practicing their faith including bans on building new churches and celebrating their services, which is only permissible after preliminary approval by state authorities.

24/05/11

24/03/11 JAL

USA 4/2011

United States of America

Freedom of religion; Racism

Alleged burning of the Qur’an. According to the information received, the Dove World Outreach Center in Gainesville, Florida publicly announced on a website that it would hold a mock trial entitled “International Judge the Qur’an Day” on 20 March 2011. On that day, a copy of the Qur’an was set on fire by a pastor. Around 30 people attended this event in Gainesville, and photos of the mock trial were subsequently posted online.

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25/03/11 JUA

CHN 7/2011

China

Arbitrary detention; Freedom of expression; Health; Torture

Alleged isolation and inadequate medical care in prison. According to the information received, Mr. Jigme Gyatso was sentenced to 15 years of imprisonment and five years of deprivation of political rights by the Lhasa Municipal Intermediate People’s Court on 25 November 1996, on charges of “planning to found an illegal organization and to seek to divide the country and to damage its unity” for his activities in support of Tibetan independence. Mr. Gyatso had allegedly been held in isolation from other prisoners and denied his right to family visits. He had reportedly been in an extremely poor health condition, and he may not have been receiving appropriate and adequate medical treatment. Mr. Gyatso was the subject of earlier communications (see A/HRC/7/3/Add.1, para 35; and A/HRC/13/39/Add.1, para 30).

16/05/11

25/03/11 AL

FRA 2/2011

France

Trafficking Allégation de prostitution forcée d’une demandeuse d’asile. Selon les informations reçues, Mlle X, née en 1980, serait une ressortissante du Sierra Léone, résidant actuellement à Bordeaux. En 2001, ses parents et sa sœur auraient été tués au Sierra Leone par un groupe armé. Mlle X aurait alors fui en France, oú elle a fait une demande d’asile le 15 octobre 2002. Elle y aurait fait la connaissance d’une femme qui l’aurait emmenée à Bordeaux et forcée à se prostituer. La demande d’asile de Mlle X aurait été rejetée par la Commission des recours des réfugiés le 19 mars 2004. Depuis 2005, elle aurait été condamnée à plusieurs reprises pour séjour irrégulier. Aujourd’hui, Mlle X se trouverait dans une situation de très grande vulnérabilité, tant du point de vue psychologique que matériel. Toutefois, étant considérée comme une personne en situation irrégulière, elle ne recevrait aucune assistance de la part des autorités françaises.

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25/03/11 JUA

LBN 1/2011

Lebanon

Arbitrary detention; Terrorism; Torture

Allegation that two terrorism suspects were subjected to torture while in detention. According to the information received, on 13 October 2008, Mr. Tarek Mostafa Marei, born in 1972 in Tripoli, Lebanon, a Sheikh and Imam, was arrested by agents of the Military Intelligence who did not present a warrant or explain the reason for his arrest. Mr. Marei was reportedly detained at the Ministry of Defence where he was severely beaten and tortured. He was reportedly accused of involvement in a terrorist attack on a military bus in Tripoli on 29 September 2008. Mr. Marei was reportedly taken to military barracks in Rihaniyya, and subsequently transferred to the Information Branch Centre in Beirut. He was reportedly subjected to torture in both places. Mr. Marei was reportedly forced to sign statements without reading them. On 28 December 2008, he was taken to Roumieh Prison, where he had since been detained. On 11 April 2010, Mr. Mohamemd Deib Owaiza, born in 1978, a fisherman, married with three children, living in Tripoli, Lebanon, was reportedly arrested by agents of the Military Intelligence without being presented any judicial warrant. He was taken to the Ministry of Defence where was reportedly tortured and held incommunicado for 12 days before he was taken to the Military Court. On 24 April 2010, Mr. Owaiza was transferred to Roumieh Prison, where he had since been detained. He was reportedly charged with communicating with the Israeli authorities by phone. Mr. Owaiza had reportedly received a phone call from his father who was detained in Israel. On 11 October 2010, during the first hearing before the Military Court, Mr. Owaiza had denied the confessions he had allegedly made during several interrogations at the Ministry of Defence.

04/05/11,

24/05/11

25/03/11 JAL

MEX 6/2011

Mexico

Independence of judges and lawyers; Torture; Violence against women

Supuesta falta de seguimiento a los hechos violentos ocurridos en San Salvador Atenco. Según la información recibida, a 2 años de lo ocurrido –mayo 2008— solo un policía estatal habría sido condenado, y no existe un solo elemento de seguridad del estado que haya sido considerado responsable o sancionado. A pesar de que el 6 de febrero de 2007, la Suprema Corte de Justicia de la Nación habría determinado iniciar una investigación y que 2 años mas tarde habría emitido una resolución señalando las violaciones a los derechos fundamentales, no habría sido posible fincar responsabilidades penales o garantizar reparaciones a las víctimas – por carecer este órgano de esa facultad. Los hechos ocurridos los días 3 y 4 de mayo de 2006 en San Salvador Atenco fueron objeto de comunicaciones anteriores (ver A/HRC/7/3/Add.1, para 144 y A/HRC/11/6/Add.1, para 398).

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25/03/11 JAL

RUS 3/2011

Russian Federation

Summary executions; Torture

Alleged death of detainees in correctional facility. According to the information received, in January 2011, Mr. Sergei Samujlenkov died in custody in the correctional facility (IK-1) in Kopejsk, Chelyabinks. According to the official statement he had committed suicide, but it is alleged that he died of severe beating. An independent autopsy reportedly concluded that he died of a combined strangulation by hands and rope, and that his body bore many injuries in the area of his head, chest and limbs. On 31 May 2008, in the course of an alleged crackdown on detainees in the same correctional facility, the deputy directors, the heads of departments and officers had allegedly beaten twelve newly arrived prisoners, four of whom, Mr. Sergei Polyaev, Mr. Anatoly Aivased, Mr. Evgeny Mamukov and Mr. Vyacheslav Sakhabaev, had died the same day.

20/05/11

28/03/11 AL

AFG 3/2011

Afghanistan

Violence against women

Allegation that a proposed bill would regulate the operation of women’s shelters.

According to the information received, a draft regulation on women’s shelters undermines rather than upholds the protection provided by the Elimination of Violence against Women law. The acting Minister of Women’s Affairs had allegedly stated that the government had been determined to take control of all shelters, most of which had been run by NGOs. The proposed draft regulation allegedly creates barriers to admission into shelters, which could result in imminent threats to women trying to escape violence.

28/03/11 JUA

IND 5/2011

India

Freedom of expression; Human rights defenders

Alleged harassment and threats against human rights lawyer. According to the information received, in the conduct of her professional activities as a lawyer providing support to victims of the Gulbarg Society massacre, Ms. Teesta Setalvad had sent letters to the Chair of Special Investigation Team (SIT), voicing her concern at the lack of protection by the SIT for witnesses and victims. On 20 January 2011, two Supreme Court judges handling the case surrounding the massacre reportedly reprimanded Ms. Setalvad for having sent copies of those letters to the Office of the High Commissioner for Human Rights (OHCHR). On 17 February, Ms. Setalvad was allegedly issued with a verbal warning against writing to OHCHR. Ms. Setalvad’s lawyer was allegedly told that her client must promise not to send any further communication to OHCHR on information regarding the proceedings.

29/03/11

27/07/11

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28/03/11 JUA

MWI 1/2011

Malawi

Freedom of expression; Human rights defenders

Alleged threats and harassment against human rights defenders. According to the information received, on 20 March 2011, Mr. Undule Mwakasungula, Executive Director of the Centre for Human Rights and Rehabilitation (CHRR), received death threats from unknown individuals. On 9 March, armed police officers visited Mr. Mwakasungula’s home in Karonga, allegedly claiming this was a routine check. Reportedly, on 3 March, a group of unidentified individuals broke into the CHRR offices in Lilongwe. These incidents reportedly form part of an ongoing campaign against human rights defenders in Malawi. On 14 February, police in Lilongwe reportedly banned a peaceful march organised by civil society. Following the issuance of a statement condemning the recent wave of intimidation against them, the Human Rights Consultative Committee, a coalition of 90 organisations, reportedly received a letter signed by the National Youth Forum threatening to close down the coalition.

28/03/11 UA

MEX 7/2011

Mexico

Human rights defenders

Supuesta campaña de hostigamiento judicial. Según las informaciones recibidas, el 18 de marzo de 2011, el Sr. Nataniel Hernández Núñez, director del Centro de Derechos Humanos Digna Ochoa, luego de haber sido liberado bajo fianza, habría continuado enfrentando un proceso legal relacionado con acusaciones sobre su supuesta participación en la obstrucción de una carretera entre Pijijiapan y Tonalá durante una manifestación. Según se informa, el Sr. Hernández Núñez únicamente habría observado la manifestación. El 22 de febrero, el Sr. Hernández Núñez habría sido arrestado, junto con otras 18 personas, y habría sido acusado por los delitos de motín y atentados contra la paz y la integridad corporal y patrimonial de la colectividad del estado. El Sr. Hernández Núñez habría sido liberado el 2 de marzo bajo reservas de ley. Según la información recibida, los procesos legales contra él seguirían abiertos.

26/07/11

28/03/11 JUA

SDN 3/2011

Sudan

Arbitrary detention; Disappearances; Freedom of expression; Sudan; Torture

Alleged detention and torture of journalists. According to the information received, on 16 May 2010 Mr. Abu Zara al-Amin, Mr. Ashraf Abdelaziz, and Mr. Dahab Ibrahim were arrested by the National Intelligence and Security Service (NISS) at the offices of the newspaper Ral al-Shaab in Khartoum. They were reportedly accused of “undermining the constitutional system” and “publishing false information” and were convicted on 15 July 2010. While Mr. Abdelaziz and Mr. Ibrahim were released on 6 February 2011, Mr. al-Amin continued to be held in detention at Kober prison. Upon their release, Mr. Abdelaziz and Mr. Ibrahim reported acts of torture inflicted upon them by NISS agents. On 3 February 2011, Mr. Suleiman Wida’a, Ms. Fatima Bashir and Ms. Fathia Tinga, all journalists working for the Al- Midan newspaper, were reportedly arrested by NISS in connection with their coverage of street protests, and since then their current fate and whereabouts remained unknown. Mr. Jaafar Alsabki Ibrahim, a journalist for Al-Sahafa newspaper, was reportedly detained on 3 November 2010, and his fate and whereabouts remained unknown.

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29/03/11 JUA

PHL 1/2011

Philippines

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arrest and detention of human rights defenders. According to the information received, since 14 February 2011, Messrs Christopher Solano, Althea Villagonzalo, Whelgester Paglinawan and Manuel Bentillo, volunteers with Alliance for the Advancement of People’s Rights (KARAPATAN) had been based in the municipality of Sta. Catalina where they had been documenting alleged human rights violations. On 17 March, they allegedly travelled to the village of Barangay Nagbinlod in order to observe and document human rights violations allegedly carried out by the security forces. There was allegedly a clash between the security forces and the New People’s Army (NPA). Messrs Solano, Villagonzalo, Paglinawan, and Bentillo were reportedly arrested and detained by members of the security forces while attempting to seek medical assistance for a villager, Mr. Marvin Villegas, who had allegedly been shot by the security forces. While in detention, they were reportedly accused by soldiers of being members of the NPA.

01/04/11

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30/03/11 JUA

SYR 4/2011

Syrian Arab Republic

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Summary executions; Torture

Alleged assault and arrest in relation to peaceful demonstration. According to the information received, on 16 March 2011 about 150 individuals gathered outside the Ministry of Interior in Damascus to present a petition calling for the release of prisoners of conscience. Security services agents reportedly transported a number of the demonstrators to the Mantaqa branch of Military Security. One of these individuals, Mr. Bader Shalah, was reportedly hit over his eye with a baton. The next day the authorities reportedly interrogated and charged 32 of the demonstrators: Omar Al-Labwani, Riba Al-Labwani, Laila Al-Labwani, Ammar Al- Labwani, Siba Hafiz Hassan, human rights defender Sereen Khouri, Nahid Badawieh, Naret Ibrahim Abdul Karim, Badr Eddin Al-Shallash, Kamal Shaikho member of the Committee for the Defence of Democratic Liberties and Human Rights in Syria (CDF), Suhair Al-Attassi, President of the Attassi Forum, a pro-democracy discussion group, Mohamed Osama Nassar, Saad Jawdat Saeed, Bisher Jawdat Saeed, Ghaffer Hikmat Muhammad, Dana Ibrahim Al- Jawabra, Wafa Mohamed Al-Lahman, Nabil Walid Shurbaji, Fahima (Herveen) Saleh Awsi, a member of the Kurdish Committee for Human Rights, Rayan Kamal Suleyman, Muhammad Dia’ Aldeen Daghmash, Nasr Eddin Fakr Eddin Ahmi, Zokan Nofal, Ali Abdul Rahman Al- Muqdad, Shaher Al-Warea, Hisham Khalid Al-Droubi, Mohammad Hassan Al-Khalil, Nisreen Khalid Hasan, Adel Al-Bunni, Fahed Al-Bassam Al-Yimani, Abdul Al-Razzaq Al- Temmo, Mudar Al-Asimi. These individuals were reportedly detained in the Damascus Central Prison of Adra or Douma Prison for Women. There was no information concerning the situation of several other family members who were reportedly arrested in relation to the peaceful demonstration: Hussein Al-Labwani, Hannibal Awwad, Mahmoud Ghawrani, Mohammad Adib Matar, Mohammad Darwish, Ghaffar Hikmat Muhammad, Abdul Rahman Kheto, Kaka Dawood, Mohammad Munir Al-Fakir, Bara Kellizin, Mohammad Al-Katib and Wissam Tarif.

06/07/11

31/03/11 JUA

ISR 3/2011

Israel

Arbitrary detention; Torture

Alleged arbitrary detention and ill-treatment. According to the information received, on 27 January 2011, Mr. Dirar Abusisi, a Jordanian national born in 1969, left Gaza with his Ukrainian wife and their youngest son to move to Ukraine. On 18 February, while travelling by train from Kharkov to Kiev, Mr. Abusisi was reportedly approached by police officers, locked in one of the train’s carriages and subsequently removed from the train. He was later met by a group of men who introduced themselves as agents of the Israeli Mossad (intelligence service). Mr. Abusisi was reportedly interrogated blindfolded with his hands and legs shackled. He was allegedly asked questions about the whereabouts of an Israeli soldier. Soon afterwards, Mr. Abusisi was allegedly put on an airplane and flown to Israel, where he was detained at a General Security Service interrogation center in Ashkelon.

07/06/11

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31/03/11 JUA

LBY 4/2011

Libyan Arab Jamahiriya

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Summary executions

Alleged attacks against journalists. According to the information received, the following 14 journalists had either disappeared or were reported to be in the custody of the Government, but their fate and whereabouts remained unknown: Mr. Ahmand Val Wald-Eddin (or Vall Ould Addin or Vall Ould el-Dine), Al-Jazeera correspondent, national of Mauritania; Mr. Lufti Al-Massoudi (or Lotfi al-Messaoudi), Al-Jazeera correspondent, national of Tunisia; Mr. Ammar Al-Hamdan, Al-Jazeera cameraman and photographer, national of Norway; Mr. Kamil Al-Tallou (or Kamel Atalua), Al-Jazeera cameraman, national of the United Kingdom; Mr. Dave Clark, aged 38, reporter with Agence France-Presse; Mr. Joe Raedle, photographer at Getty Images; Mr. Roberto Schmidt, aged 45, reporter with Agence France-Presse; Mr. Atef al-Atrash, contributor to local news outlets; Mr. Mohamed al-Sahim, blogger and critical political writer; Mr. Mohamed al-Amin, cartoonist; Mr. Idris al-Mismar, writer and former editor-in-chief of Arajin, a monthly culture magazine; Ms. Salma al-Shaab, head of the Libyan Journalists Syndicate; Mr. Suad al-Turabouls, correspondent for the pro-government Al-Jamahiriya; and Mr. Stéphane Lehr, photographer at Polaris Images, national of France. In addition, Mr. Ali Hassan Al-Jaber, cameraman of Al-Jazeera, was reportedly killed in an ambush on 12 March 2011 as he was returning from Benghazi, and Mr. Mohamed Al- Nabbous, Libyan blogger and journalist with the TV station Libya Al-Hurra was shot dead on 19 March 2011, as he was providing live commentary regarding recent developments in the Libyan Arab Jamahiriya.

31/03/11 AL

UKR 3/2011

Ukraine

Torture Alleged arbitrary detention and ill-treatment. According to the information received, on 27 January 2011, Mr. Dirar Abusisi, a Jordanian national born in 1969, left Gaza with his Ukrainian wife and their youngest son to move to Ukraine. On 18 February, while travelling by train from Kharkov to Kiev, Mr. Abusisi was reportedly approached by police officers, locked in one of the train’s carriages and subsequently removed from the train. He was later met by a group of men who introduced themselves as agents of the Israeli Mossad (intelligence service). Mr. Abusisi was reportedly interrogated blindfolded with his hands and legs shackled. He was allegedly asked questions about the whereabouts of an Israeli soldier. Soon afterwards, Mr. Abusisi was allegedly put on an airplane and flown to Israel, where he was detained at a General Security Service interrogation center in Ashkelon. Mr. Abusisi’s brother reportedly tried to file a complaint with transport police about his brother’s disappearance, but Ukrainian police officers allegedly ignored his requests.

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01/04/11 JUA

ARE 3/2011

United Arab Emirates

Disappearances; Terrorism; Torture

Alleged secret detention, forthcoming extradition and risk of torture. According to the information received, on 31 March 2004 Mr. Jamshid Abdurasulov, Uzbek national born in 1980 and his wife moved to the UAE. On 24 February 2011, Mr. Abdurasulov was allegedly arrested by Dubai police officers following an extradition request from Uzbekistan on suspicion of having been involved in an armed terrorist attack in Uzbekistan. On 15 March, Mr. Abdurasulov had reportedly received a phone call from the Dubai police asking to present himself to the Dubai Police Headquarters for further questioning. On 16 March, upon arrival at the Dubai Police Headquarters, Mr. Abdurasulov was reportedly met by representatives of Interpol who informed him that he had to travel to Abu Dhabi for further questioning. Reportedly, Mr. Abdurasulov had not been heard from since that day.

04/04/11 JUA

IND 6/2011

India

Human rights defenders; Summary executions

Alleged killing and death threats. According to the information received, on 2 March 2011 a group of armed men arrived at the residence of Mr. Niyamat Ansari in Jerua, Kope village and beat him. Mr. Ansari reportedly died shortly after arriving at the hospital as a result of injuries sustained. The armed men allegedly also sought Mr. Bhukhan Singh, who managed to flee. Both Mr. Ansari and Mr. Singh had been active in advocating for the protection of workers’ rights. On 5 March, two local newspapers reportedly published a statement on behalf of the South Latehar Sub-zonal Committee of the Communist Party of India. The committee reportedly claimed responsibility for the killing of Mr. Ansari, and also issued a warning to Mr. Singh.

21/04/11

27/07/11

05/04/11 JAL

BLR 5/2011

Belarus

Independence of judges and lawyers; Torture

Alleged detention and ill-treatment of a lawyer and presidential candidate. According to the information received, on 20 December 2010, Mr. Ales Mikhalevich, born 1975, was arrested by KGB officers who entered his flat by breaking the door and dragged him out by force. Mr. Mikhalevich was reportedly taken to the KGB detention centre in Minsk, where he was held until 19 February 2011. He claimed to have been subjected to ill-treatment and denied access to a lawyer. On 19 February he was reportedly charged with having incited mass riots in connection with demonstrations in Minsk on 19 December 2010. On the same day, he was reportedly released on bail and on the condition that he agreed to become a KGB informant. Fearing further persecution by the Belarusian authorities, Mr. Mikhalevich reportedly fled to the Czech Republic, where he sought political asylum.

16/05/11

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05/04/11 JUA

CHN 8/2011

China

Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged detention and irregularities during the trial of a human rights activist. According to the information received, on 25 March 2011, the Suining Intermediate People’s Court tried Mr. Liu Xianbin on charges of “inciting subversion of state power”. Reportedly, the judge did not allow Mr. Liu Xianbin to read out to the court his defence statement, and interrupted his lawyers from speaking in his defence. As a result, Mr. Liu Xianbin was found guilty and sentenced to ten years of imprisonment and two years and four months deprivation of political rights. He had reportedly not been allowed to meet with his lawyer on the grounds that his case involved “state secrets.” Mr. Liu Xianbin was the subject of an earlier communication (see A/HRC/16/44/Add.1, para 402).

16/05/11

05/04/11 JUA

COL 2/2011

Colombia

Human rights defenders; Summary executions

Supuesto asesinato de defensor de derechos humanos. Según las informaciones recibidas, la familia Verbel Rocha forma parte del Movimiento Nacional de Víctimas de Crímenes de Estado (MOVICE). El 23 de marzo de 2011, el Sr. Eder Verbel Rocha, junto con su hijo y su hermano, el Sr. Orlando Enrique Verbel Rocha, habrían salido de su finca en el municipio de San Onofre, cuando se encontraron con dos hombres armados, quienes habrían comenzado a dispararles. El Sr. Eder fue alcanzado por una bala y posteriormente habría muerto. El Sr. Orlando Enrique, junto con el hijo del Sr. Eder habrían huido del lugar y habrían informado de los hechos a unos soldados de la Infantería de Marina. Unas horas después, la policía habría detenido a dos individuos por su supuesta participación en el asesinato. Uno de los dos individuos habría sido liberado minutos después, por razones desconocidas.

05/04/11 JAL

EGY 6/2011

Egypt

Freedom of expression; Torture; Violence against women

Alleged torture inflicted by the army on peaceful demonstrators. According to information received, on 9 March 2011, the Egyptian military arrested 18 women during a peaceful protest in Tahrir Square. The women were initially taken to a Cairo Museum annex where they were reportedly handcuffed, beaten, given electric shocks, and called prostitutes. 17 of them were allegedly transferred to a military prison in Heikstep, where they were forced to take off their clothes to be searched by a female prison guard. The women were then subjected to virginity tests and were threatened that “those not found to be virgins” would be charged with prostitution. All 17 women were reportedly brought before a military court on 11 March and released on 13 March. Several of them reportedly received one-year suspended prison sentences for disorderly conduct, destroying private and public property, obstructing traffic and carrying weapons.

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05/04/11 JAL

GRC 2/2011

Greece

Freedom of religion; Minority issues

Alleged attacks against mosques and properties belonging to the Muslim minority in Western Thrace. According to the information received, there has been an increase in the number of hate motivated attacks experienced by members of the Muslim minority in Western Thrace, including on their places of worship and property. On 3 February 2011, unknown persons reportedly cut a pig’s head and nailed it to the entrance door of a mosque. On 2 March, unidentified assailants reportedly broke the windows of the mosque in the village of Uysalli in Komotini. On 2 March, unidentified assailants broke into a sheep pen killing thirty sheep in the village of Uysalli. The sheep pen reportedly belongs to Mr. Sali Fikret, a member of the Muslim minority. On the same night, unidentified assailants reportedly fired at a cattle herd belonging to Mr. Fikret, cutting tyres of three cars and two tractors also belonging to him.

01/06/11

06/04/11 JUA

TUR 3/2011

Turkey

Arbitrary detention; Freedom of expression; Terrorism

Alleged arrest and detention of journalists on terrorism-related charges. According to the information received, on 3 March 2011 Mr. Ahmet Sik and Mr. Nedim Sener were arrested and taken into custody. On 6 March, they were formally charged with “belonging to a terrorist organization and inciting the public to hatred”. They were taken to Metris Prison in Istanbul to await trial. Mr. Sener had already been on trial for, inter alia, attempting to influence the judiciary, insulting a public official, and revealing classified information in a book that suggested implication of security forces in the murder of a Turkish-Armenian journalist, Hrant Dink, in 2007. He was subsequently acquitted in December 2010. Mr. Sik also faced charges in 2007 for “denigration of Turkishness” and was acquitted on those charges in April 2008. Since October 2010, he had been on trial for allegedly revealing State secrets in two books which he co-authored.

07/04/11 JAL

LBY 5/2011

Libyan Arab Jamahiriya

Freedom of expression; Torture; Violence against women

Alleged abduction and rape by security forces. According to the information received, Ms. Eman al-Obaidi, born in 1982, a law student from Tobruk, was abducted, beaten, sexually assaulted and raped by members of Gadaffi forces before she managed to escape. On 26 March 2011, she was reportedly dragged out of the Rixos Hotel in Tripoli by security officials as she was trying to speak to foreign journalists, and driven to an unknown location. The Government reportedly sought to discredit Ms. Eman al-Obaidi, claiming that she was mentally unstable and accused her of being involved in prostitution. Her fate and whereabouts remained unknown until after her release on 3 April. Shortly after her release, Ms. al-Obaidi was reportedly again arrested at her home and taken to an unknown location for “criminal investigation” and was released several hours later without any explanation. Ms. al-Obaidi was reportedly prevented by the authorities from leaving Tripoli. Several journalists who had reportedly tried to help Ms. al-Obaidi were kicked, punched, and knocked over by security forces.

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07/04/11 UA

RUS 5/2011

Russian Federation

Adequate housing

Alleged threat of eviction of internally displaced persons. According to the information received, on 3 March 2011, 14 families residing in former military barracks in the Ingush city of Nazran received requests from local authorities to vacate the barracks within ten days. These families belong to the ethnic Ingush group and were internally displaced following the 1992 conflict between Ossetians and Ingush which destroyed their homes. As a result of the conflict, they had not been able to return home. The local administration had allegedly threatened to call in the police if the families refused to vacate the barracks. Local government authorities had reportedly indicated their intention to evict more people in the region with no alternative accommodation offered.

20/05/11

07/04/11 JUA

SAU 3/2011

Saudi Arabia

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arrest and detention of human rights defender. According to the information received, on 21 March 2011, Mr. Mohammad Salih al-Bajadi, a 30 year old businessman and co-founder of the Saudi Civil and Political Rights Association (ACPRA), was arrested at his home in Buraidah in the province of al-Qassim, north of Riyadh. He was taken away by uniformed security force agents and individuals in plain clothes, allegedly members of the Ministry of Interior’s General Intelligence. On 20 March 2011, Mr. al-Bajadi had participated in a protest in Riyadh, outside the offices of the Ministry of Interior. Reportedly, he posted messages on Twitter prior to the protest. A number of protesters were allegedly arrested, including some women, who were released after fingerprinting statements confirming that they had attended the protest. The men who took part in the protest had allegedly been held in detention.

07/04/11 AL

UKR 4/2011

Ukraine

Health Alleged denial of adequate palliative care and medicines. According to the information received, Mr. Oleg Malinovsky suffered from a series of different health conditions that generated severe pain and left him almost immobilized. From August 2008 to March 2009, the local hospital prescribed him morphine, which significantly reduced his pain. In September 2009, Mr. Malinovsky again developed persistent and severe pain that prevented him from engaging in any daily activity. However, the only pain medications Mr. Malinovsky could take were over-the-counter non-steroidal anti-inflammatory drugs (NSAID), which were insufficiently potent to control his pain. Mr. Malinovsky and his spouse repeatedly asked for adequate pain medication but doctors allegedly refused to provide it. The chief doctor of the Svyatoshinsky clinic held an ad-hoc meeting of physicians on 21 January 2010, during which they concluded that stronger medications should be provided. No action was reportedly taken to this effect.

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07/04/11 JUA

GBR 2/2011

United Kingdom of Great Britain and Northern Ireland

Adequate housing; Minority issues

Alleged threat of eviction of Romani and Irish Traveler families. According to the information received, Dale Farm is the largest Romani and Irish Traveler community in England. The settlement with about 1000 residents extends onto land owned by the community. Approximately one third of the Dale Farm community (86 families, approximately 300 people, including 110 children) faced a threat of forced evictions, following the decision of the Basildon District Council on 14 March 2011. Previous decisions of eviction of the Dale Farm community were the subject of an earlier communication (see A/HRC/16/42/Add.1, para 65).

08/04/11 UA

IND 7/2011

India

Human rights defenders

Alleged attack on human rights defenders. According to the information received, on 26 March 2011 Swami Agnivesh, member of the People’s Union for Civil Liberties, was carrying out a fact finding mission accompanied by Mr. Ajay Singh and Mr. Rishi Milind when they were attacked by a mob near Dornapal village, Dantewada, in Chattisgarh. The objective of the fact finding mission was to document alleged human rights abuses which had occurred in Tarmetla, Morpalli, Timapuran and the surrounding villages between 11 and 16 March 2011. The aforementioned villages had reportedly been attacked as part of a police operation known as Operation Green Hunt, the objective of which was to remove “Maoists” and Naxalite rebels from various parts of India. It is alleged that the attack on 26 March was staged in order to prevent the aforementioned human rights defenders from documenting crimes reportedly carried out by the police.

21/04/11,

21/07/11

08/04/11 JUA

RUS 6/2011

Russian Federation

Freedom of expression; Human rights defenders; Torture

Alleged excessive use of force by the police. According to the information received, on 23 March 2011 Mr. Magomed Khazbiev, member of the Expert Council under the Human Rights Ombudsperson of the Russian Federation, and his brother Berd, attended a street protest in Nazran, Ingushetia. The protest was reportedly organised by the family of Mr. Ilez Gorchkhanov, who had allegedly been abducted on 21 March by unidentified men believed to be law enforcement agents. As Mr. Khazbiev was leaving, he was reportedly stopped by law enforcement agents and beaten. Later that day, his home was reportedly raided by law enforcement agents. Mr. Khazbiev and his brothers Berd and Murad were reportedly taken away by law enforcement officials to Nazran city police station where they were beaten. On 24 March, Mr. Khazbiev was allegedly sentenced to ten days of administrative detention for his alleged role in organising the aforementioned protest.

01/06/11

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12/04/11 JUA

BHR 5/2011

Bahrain

Disappearances; Human rights defenders; Torture

Alleged incommunicado detention and possible enforced disappearance. According to the information received, on 9 April 2011 masked police officers forced their way into the home of Ms. Zainab Alkhawaja. Police officers had allegedly carried out similar searches of her father’s home, Mr. Abdulhadi Alkhawaja, as well as that of his cousin, Mr. Habib Alhalwachi. Mr. Alkhawaja is a former Protection Coordinator of Front Line and former President of the Bahrain Centre for Human Rights. The police officers allegedly assaulted Mr. Alkhawaja and his son-in-law Mr. Mohammed Al-Maskati. Ms. Alkhawaja reportedly tried to intervene, but was then assaulted by the officers. Police officers reportedly forced Mr. Alkhawaja and his sons-in-law Messrs.Wafi Almajid, Hussein Ahmed, and Al-Maskati onto the floor and beat them. Reportedly, the officers took Mr. Alkhawaja away, along with Messrs. Almajid and Ahmed. They were allegedly held in incommunicado detention, and their fate and whereabouts remained unknown. Mr. Abdulhadi Alkhawaja was the subject of earlier communications (see A/HRC/13/22/Add.1, para 103; A/HRC/7/28/Add.1, para 59; and A/HRC/4/37/Add.1 para 33). Mr. Mohamed Al-Maskati was the subject of an earlier communication (see A/HRC/16/44/Add.1 para 90). Ms. Zainab Al Khawaja was been the subject of an earlier communication (see A/HRC/10/12/Add.1, para 158).

07/06/11

12/04/11 JUA

IRN 6/2011

Iran (Islamic Republic of)

Arbitrary detention; Human rights defenders; Independence of judges and lawyers; Torture

Alleged detention and torture of human rights lawyer. According to the information received, lawyer Mohammad Reza Houtan Kian, born 1974 was representing Ms. Ashtiani who had been sentenced to stoning for committing adultery. On 22 August 2010, Mr. Kian’s apartment was allegedly burglarized by persons who claimed to be sent by the Government. In October, Mr. Kian was allegedly arrested and kept in custody for 24 hours, while security forces raided his law office and residence. On 9 October, security forces again raided his office and arrested Mr. Kian, Ms. Ashtiani’s son Sajjad Qaderzadeh, and two German journalists. On 10 October, Mr. Kian was reportedly indicted on 11 counts, including defaming the Iranian Judiciary, espionage, and disclosing secret and classified information. He was sent to Evin prison in Tehran, where he was allegedly kept in solitary confinement until 10 December and subjected to frequent torture. On 24 January 2011, Mr. Kian was reportedly sentenced to one year’s imprisonment and a five-year ban on practising law, in a trial in which he had no access to a lawyer.

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15/04/11 JUA

IRQ 1/2011

Iraq

Arbitrary detention; Summary executions; Torture

Alleged disproportionate use of force by security forces in Camp Ashraf. In a communication sent on 1 October 2009 (see A/HRC/14/20/Add.1, para 150) concern was expressed at the alleged excessive use of force by Iraqi security forces during an operation on 28 and 29 July 2009 in Camp Ashraf. According to the new information received, on 8 April 2011, clashes between the residents and Iraqi security forces allegedly ensued after security forces took up positions in the camp. Iraqi soldiers had reportedly been firing indiscriminately on the crowd. Some 34 residents of the camp were reportedly killed and more than 300 injured. On the same day, six residents of the camp, Messrs. Bahman Toloo, Mehdi Ghafouri, Hamid Makki, Hossein Eyni, Babak Karimi, and Asghar Mehdizadeh were reportedly arrested by Iraqi security forces and subjected to beating while in detention. Reportedly, all six detainees went on a hunger strike to protest their detention and ill- treatment.

15/04/11 JUA

COD 2/2011

Democratic Republic of the Congo

Freedom of expression; Human rights defenders; Violence against women

Allégation de menaces et actes d’intimidation. Selon les informations reçues, le 10 mars 2011, lors d’une conférence de presse organisée par la Fédération des Entreprises du Congo à Goma, les organisateurs auraient publiquement menacé Mme Justine Masika Bihamba, Coordinatrice de la Synergie des Femmes pour les Victimes des Violences Sexuelles (SFVS). SFVS est une plateforme de 35 organisations de la société civile qui porte assistance aux femmes et aux jeunes filles victimes de viols et d’agressions sexuelles. Le 14 mars, un sénateur de la province du nord Kivu aurait publiquement intimidé Mme Masika Bihamba et la SFVS. Le 27 décembre 2010, un magistrat de l’auditorat militaire de Goma aurait appelé Mme Masika Bihamba afin de la prévenir de sa possible arrestation si elle continuait à dénoncer les violations des droits de l’homme commises à l’Est de la RDC.

15/04/11 JUA

RUS 4/2011

Russian Federation

Arbitrary detention; Torture

Alleged detention of asylum-seeker at risk of extradition. According to the information received, Mr. Nizomhon Juraev, a former local parliamentarian and businessman in Soghd region, Tajikistan, was the subject of a criminal case filed against him in 2007 in Tajikistan. Law enforcement agents allegedly tortured individuals charged alongside with Mr. Juraev to extract confessions incriminating him. Mr. Juraev’s brother was allegedly forced to sign documents prepared by the police. Russian authorities reportedly arrested Mr. Juraev in Moscow on 27 August 2010, following an extradition request received from Tajikistan. In September 2010, Mr. Juraev applied for asylum in the Russian Federation. His application was reportedly denied by the Department of Federal Migration Services on 7 December 2010, and his appeal was rejected on 5 March 2011. On 16 February 2011, the General Prosecutor of the Russian Federation reportedly agreed to Mr. Juraev’s extradition. On 12 April, Moscow City Court confirmed his extradition.

01/06/11

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15/04/11 AL

ZWE 2/2011

Zimbabwe

Summary executions

Allegation that mass grave could contain recently killed victims. According to information received, in early March 2011 a mass grave was discovered in a mineshaft at the Mt. Darwin area, Mashonaland. It is alleged that the remains are of victims killed during the country’s liberation war in the 1970’s. Reportedly, some of the bodies are intact and partly decomposed, pointing to the fact that the victims may have been recently killed. The exhumation had reportedly been conducted by a group called the “Fallen Heroes Trust” and not by forensic experts. On 7 April 2011, the High Court in Bulawayo reportedly ordered that the “Fallen Heroes Trust” should stop exhuming bodies. The Court held the exhumations violated all international protocols on investigating suspected human rights violations.

19/04/11

GTM 0/2011

Guatemala

Indigenous peoples

Supuestos daños sufridos por las comunidades indígenas afectadas por la construcción de la represa hidroeléctrica Chixoy. Según la información recibida, el Gobierno Guatemalteco y la Coordinadora de las Comunidades Afectadas por la Hidroeléctrica de Chixoy (COCAHICH) habían negociado por varios años sobre la indemnización para 33 comunidades indígenas mayas que sufrieron el reasentamiento y otras violaciones a los derechos hum6/01anos a raíz de la construcción de la represa hidroeléctrica Chixoy entre 1975 y 1983. Como producto de este proceso de negociación, el 20 de abril de 2010 las partes llegaron a un acuerdo en el que el Gobierno se comprometió a firmar un Plan de Reparación de daños y perjuicios sufridos por las comunidades afectadas por la construcción de la Hidroeléctrica Chixoy. También se acordó crear un mecanismo de seguimiento, monitoreo y verificación para garantizar la implementación del plan durante los próximos 10 años. El Congreso habría aprobado una cantidad inferior a lo acordado originalmente en cuanto a la asignación del presupuesto nacional para implementar el Plan de Reparación, por lo que se ha expresado preocupación sobre la voluntad del Gobierno en cumplir con el acuerdo suscrito con las víctimas.

06/06/11

20/04/11 JAL

BRA 2/2011

Brazil

Cultural Rights; Freedom of religion; Minority issues

Allegation that cultural festival will cease to exist due to the building of a luxury condominium. According to information received, the Festa da Lavadeira (“Washerwoman Festival”), which has been held each year for the last 25 years on 1st May in Paiva Beach, Cabo de Santo Agostinho, Pernambuco State, will cease to take place due to the building of a luxury condominium on that beach. This festival reportedly gathers groups of varied popular cultures, it is a religious expression of followers of African-Brazilian religions, and it was recognized as the cultural heritage of the people of Pernambuco. Three business groups (Ordebrecht Real Estate, Cornélio Brennand and Ricardo Brennand) are said to have teamed up to build a luxury condominium along the Beach of Paiva. Allegedly, since 2005, these groups have attempted to prevent the conduct of the festival.

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20/04/11 JAL

PHL 2/2011

Philippines

Freedom of expression; Human rights defenders; Summary executions

Alleged killing of activist. According to the information received, Mr. Bonifacio Labasan was the vice-chairperson of the Isabela branch of the Union of Peasants in Cagayan Valley, and was campaigning against the conversion of crop lands for the production of bio-ethanol. On 9 March 2011, Mr. Labasan and his daughter were travelling by motorcycle to Baranggay Victoria, Municipality of San Mateo when two men on a motorcycle reportedly forced them to stop. One of the men allegedly shot Mr. Labasan, who died immediately as a result of the gunshot wounds. The two men reportedly fled the scene. The police reportedly questioned Mr. Labasan’s daughter about the incident. A complaint regarding the incident was lodged with the local police, however it is alleged that no one had been arrested with regard to the killing.

21/04/11 JUA

BHR 6/2011

Bahrain

Arbitrary detention; Disappearances; Human rights defenders

Alleged arrest, detention and possible enforced disappearance of human rights lawyer. According to the information received, on 15 April 2011 Mr. Mohammed Al-Tajir was arrested at his home by masked and plain-clothed security officers. He was then taken to an undisclosed location, and his fate and whereabouts remained unknown. Mr. Al-Tajir had reportedly been working together with more than 25 lawyers in promoting and protecting the rights of human rights defenders and political activists held in incommunicado detention in the context of peaceful demonstrations calling for democratic reforms.

07/06/11

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21/04/11 JUA

CHN 9/2011

China

Arbitrary detention; Food; Freedom of expression; Freedom of religion; Minority issues; Torture

Alleged harassment of monastic community. According to the information received, on 16 March 2011, marking the third anniversary of a demonstration at Ngaba Kirti Monastery in which 10 Tibetans were reportedly killed, the late monk Phuntsok Jarutsang, aged 21, set himself on fire. Subsequently, over 1,000 monks and laymen took to the streets to express their anger. Reportedly, at least 33 individuals were arrested and the Chinese Government imposed an indefinite ban on the religious activities at the Monastery. The protestors were reportedly dispersed by a large military force using steel truncheons and electric batons, with several monks and laymen being detained. On 8 April, the following three monks from the Ngaba Kirti Monastery were reportedly arrested: Mr. Dhonyoe Dorjee, Mr. Tenzin Jamko and an unidentified monk. On the same day, following a protest in front of the Public Security Bureau Office at Warma Township in Dzamthang County, an unidentified man was reportedly critically injured in a police offensive and died later in hospital. On 30 March, two monks, Mr. Lobsang Ngodup, 32 years old, and Mr. Lobsang Choephel, 24 years old, were reportedly detained and their whereabouts remained unknown. On 25 March, Mr. Lobsang Tsepak, 27 years old, was reportedly detained by police in Beijing. He is a student at the Central Nationalities University and also affiliated to the Ngaba Kirti Monastery. On 23 March, Mr. Wolkho, Mr. Dorjee, Mr. A-Dor and Mr. Woeser Dorjee were reportedly arrested and detained. This was following a protest in Namda Township, a neighboring township in Ngaba, to express solidarity with the protesters in Ngaba County. On 20 March, Mr. Lobsang Tenzin, a 19-year-old monk of Ngaba Kirti Monastery was reportedly arrested and detained. Furthermore, in September 2010, Order No. 8 entitled “Management measure for Tibetan Buddhist monasteries and temples” was reportedly issued by the State Administration for Religious Affairs (SARA), entering into force on 1 November 2010. Order No. 8 reportedly curtails traditional Buddhist practices including the transmission of teachings and traditional practices of Buddhist hierarchy as well as enabling Government authorities to implement policies uniformly across the monastic institutions.

30/05/11

21/04/11 UA

IND 7/2011

India

Arbitrary detention

Alleged administrative detention of a minor. According to the information received, Mr. X was arrested on 21 January 2011 by police in Srinaga, the capital of Jammu and Kashmir, on allegations of attempted murder, assault and rioting in relation to protests held in June 2010. On 8 February, Mr. X was allegedly placed in Kot Bhalwal Jail in Jammu, approximately 300 kilometers away from his home. Kot Bhalwal prison conditions are allegedly inappropriate for the detention of minors. Mr. X was reportedly detained under the Public Safety Act without being charged or brought before a competent authority to contest the legality of his arrest and detention.

21/04/11

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21/04/11 UA

OTH 3/2011

Other (UNFICYP)

Freedom of religion

Alleged restrictions on religious worship for members of the Greek Orthodox community. An earlier communication was sent on 17 February 2011 (see above, case no. OTH 2/2011). According to new information received, on 20 April, the Turkish Cypriot authorities rejected the request submitted by Father Savvas Hadjionas to celebrate a religious service at the Saint Georgios Church in the Vatyli village on Easter Monday. The Bishop of Karpasia reportedly could not hold a mass in the village of Rizokarpaso on 25 March because the Turkish Cypriot authorities had rejected his request to celebrate a religious service on that day. Since 17 March 2011, pilgrims to the Monastery of Apostolos Andreas had reportedly been required to pay an entrance fee. Furthermore, on 17 March 2011, Turkish Cypriot authorities reportedly confiscated 100 copies of the New Testament and 104 copies of prayer books which were destined for school children.

03/05/11

21/04/11 JUA

SAU 4/2011

Saudi Arabia

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arrest and detention of human rights activist. According to the information received, on 19 March 2011 Mr. Mubarak Aal-Zuair, a 45 year-old university professor and activist involved in promoting human rights in Saudi Arabia had a meeting with Deputy Minister of the Interior Prince Mohamed bin Nayef, claiming the release of a group of detainees. On 20 March 2011, Mr. Aal-Zuair was allegedly arrested by police officers. Reportedly, he was not presented with an arrest warrant nor was he informed of the reasons for his arrest and detention. On 22 March, Mr. Aal-Zuair was reportedly transferred to Al- Malaz police station and placed under solitary confinement inside a toilet cubicle.

21/04/11 JUA

VNM 2/2011

Viet Nam

Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged conviction of a prominent human rights activist. According to the information received, on 5 November 2010, Mr. Cu Huy Ha Vu was arrested in Ho Chi Minh City and detained at the Ministry of Public Security Detention Centre. Two weeks prior to his arrest, he had reportedly filed a lawsuit against the Prime Minister for signing in 2006 Decree 136, which prohibited class-action petitions. On 17 December, the Hanoi People’s Procuracy reportedly issued indictment to prosecute him on charges of disseminating information against the State. On 4 April 2011, Mr. Ha Vu was allegedly tried by the People’s Court of Ha Noi and sentenced to seven years of imprisonment and three years of house arrest.

06/06/11

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26/04/11 JAL

AUS 1/2011

Australia

Health; Migrants

Alleged mandatory detention of asylum seekers. According to information received, mandatory detention for unauthorised arrivals was introduced through the Migration Amendment Act of 1992. The legislation was amended in 1994 (Migration Reform Act 1992) ensuring that asylum seekers arriving in Australia without prior authorization could be detained for unspecified and prolonged periods of time. Allegedly, as of March 2011, there were 6500 people in immigration detention in Australia, as many as 1000 of these children. Some have reportedly been held in detention for as long as 7 years. In 2008 the Australian Government launched new guidelines according to which immigration detention should be used for the shortest practicable period and asylum seekers should only be held in detention while their health, identity and security checks are conducted. However, these guidelines are reportedly yet to be implemented. Allegedly, there are no possibilities to challenge the legality of the detention in a court.

26/06/11

26/04/11 JUA

CHN 11/2011

China

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged detention of human rights defender. According to the information received, on 7 April 2011, Ms. Ni Yulan, human rights defender, and her husband, Mr. Dong Jiqin, were taken into police custody from their room at the Yu Xin Gong Hotel, Beijing, where they had been living. They were allegedly detained for “creating a disturbance” and held at the Xicheng District Detention Centre, but they had not been formally arrested, and therefore had not been brought before a judge or permitted access to a lawyer. Their daughter, Ms. Dong Beibei, was allegedly held by police and questioned for up to two hours before being released. Ms. Ni Yulan and her husband were the subject of an earlier communication (see above, case no. CHN 1/2011). Ms. Ni Yulan was also the subject of another communication (see A/HRC/10/12/Add.1, para 609).

23/06/11

26/04/11 AL

MEX 8/2011

Mexico

Indigenous peoples

Supuesto otorgamiento de concesiones mineras en sitios sagrados. Según la información recibida, el Gobierno de México ha otorgado 22 concesiones mineras de exploración de plata en la zona de Wirikuta, pueblo Real de Catorce, estado de San Luis Potosí. Estas concesiones fueron compradas por la empresa canadiense First Majestic Silver Corp en noviembre de 2009. El área de las concesiones abarca el lugar donde los wixárika por más de 1000 años han recreado anualmente el camino de los antiguos kakauyarixi, los antepasados quienes según las creencias wixárika dieron nacimiento al mundo. Se alega que las concesiones fueron otorgadas sin consultar previamente al pueblo indígena wixárika (huichol) cuyos sitios sagrados serán afectados por el proyecto minero. Véase las observaciones del Relator Especial sobre esta situación en A/HRC/18/35 Add. 1.

19/07/11

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26/04/11 UA

LKA 3/2011

Sri Lanka

Summary executions

Follow-up to communication dated 15 December 2010 (see above, case no. LKA 7/2010). A technical assessment to establish the authenticity of the video footage which allegedly documents members of the Sri Lankan Army committing extrajudicial executions had been concluded. The overall conclusion reached by the Special Rapporteur was that the video is authentic and the events reflected in the video footage occurred as depicted.

03/05/11 10/05/11

11/05/11

26/04/11 JUA

ARE 4/2011

United Arab Emirates

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arrest and detention of human rights defenders. According to the information received, on 8 April 2011 Mr. Ahmad Mansoor, a human rights advocate, was arrested without an arrest warrant. His home was searched and officers removed computers, books and documents. On 17 April Mr. Mansoor was allegedly questioned by the Public Prosecutor for the UAE State Security Court about statements he is alleged to have made urging UAE nationals to boycott elections. On 10 April, Mr. Fahad Salem al-Shehhi, aged 38, was reportedly arrested at his home in Ajman Emirate. Mr. al-Shehhi is reportedly affiliated to the online political forum Hewar. On 10 April, Mr. Nasser bin Ghaith, an economist and lecturer at the Abu Dhabi branch of the Sorbonne University in Paris, was reportedly arrested in Dubai. Mr. bin Ghaith’s detention was allegedly linked to articles published online where he advocated for political reforms in the country.

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27/04/11 JUA

IRQ 2/2011

Iraq

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Torture

Alleged excessive use of force against peaceful protesters. According to the information received, since early February 2011, peaceful demonstrations had been taking place in Baghdad. On 13 February, Mr. Oday Alzaidy, an activist, was reportedly taken in an army vehicle, beaten and subjected to torture. On 17 February, Mr. Rezhwan ‘Ali, aged 15, was reportedly shot dead after security forces fired at the crowd. Following the shooting by security forces, Mr. Surkew Zahid, aged 16, and Mr. Sherzad Taha, aged 28, died from sustained injuries. On 25 February, Mr. Mu’ataz Muwafaq Waissi and an unknown demonstrator were reportedly shot by security forces. On 24 February, Mr. Abdel-Jabbar Shaloub Hammadi was reportedly arrested, beaten and transferred to a police station in al- Baladiyat district where he was subjected to beating. On 25 February, Mr. Hadi al-Mehdi, a journalist and writer, was reportedly arrested, beaten and tortured. Mr. Sharwan Azad Faqi ‘Abdallah, aged 35, an NGO worker, was reportedly arrested by security forces in Erbil, beaten and taken to the Asayish Gishti interrogation center where he was subjected to torture. On 1 April, Mr. Haidar Shihab Ahmad Abdel Latif, aged 24, was reportedly detained by security forces during the demonstration. His fate and whereabouts remained unknown. On 8 April, Mr. ‘Ala Nabil, a political activist, was reportedly detained by security forces in Baghdad as he was leaving the demonstration. Mr. Nabil was reportedly previously arrested on 21 March and subjected to torture. On 13 April, Mr. Firas’ Ali, aged 30, a political activist, was reportedly detained at the office of the Federation of Workers’ Councils and Unions by members of the armed forces who did not present an arrest warrant. Mr. Firas Ali was reportedly beaten, forced into a vehicle and driven away to an unknown destination. On 23 February, security forces reportedly raided the office of the Journalistic Freedoms Observatory in Baghdad, confiscating IT equipment and its archive.

28/04/11 JAL

DZA 1/2011

Algeria

Freedom of expression; Summary executions

Allégation de meurtre d’un militant politique. Le 15 avril 2011, M. Kerroumi faisait partie des représentants de la société civile avec lesquels le Rapporteur spécial sur la liberté d’opinion et d’expression s’était entretenu lors d’une réunion à Oran. Le 19 avril, M. Kerroumi a été porté disparu, et le 23 avril, son corps a été retrouvé dans son bureau.

21/06/11

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28/04/11 JAL

CHN 10/2011

China

Freedom of religion; Summary executions; Torture

Alleged torture and death of Falun Gong detainees. According to the information received, on 21 February 2011, Jiamusi prison set up a "Strict Management Team" to increase the “transformation rate” among detained Falun Gong practitioners. Nine practitioners, including Mr. Qin Yueming, Mr. Yu Yungang and Mr. Liu Chuanjiang were taken to the section. They were reportedly under constant pressure to renounce Falun Gong. Mr. Qin Yueming, 47 years old, was reportedly arrested in April 2002 and sentenced to ten years imprisonment. On 25 February 2011, two inmates allegedly inserted a tube into Mr. Qin’s mouth and poured milk and salt down the tube. He reportedly gave out cries during the process. The prison doctor indicated that the reason for Mr. Qin’s suffering could be that the feeding tube was inserted into his lung rather than his stomach. Reportedly, Mr. Qin died on the morning of 26 February. Mr. Qin’s family reportedly found bruises and purple marks all over his body. Mr. Yu Yungang, 48 years old, was reportedly arrested in February 2009 and sentenced to eight years imprisonment. On 1 March 2011, Mr. Yu allegedly passed out as a result of torture. He was then sent to hospital and underwent surgery on his skull. On 3 March he underwent another emergency treatment. On 5 March, several officers reportedly surrounded the ICU. Mr. Yu’s family reportedly realized his death when the officers were about to carry his body away. Mr. Liu Chuanjiang, 55 years old, was reportedly arrested on 26 July 2008. On 21 February 2011, Mr. Liu was allegedly tortured, and his condition deteriorated quickly. Prison personnel were reportedly hesitant to send Mr. Liu to hospital. He was first taken back to ward No. 3, then sent to the prison hospital. On 8 March, Mr. Liu died in the hospital. On 10 March, his family was allegedly forced by the authorities to approve his cremation.

13/06/11

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28/04/11 JUA

OMN 1/2011

Oman

Arbitrary detention; Freedom of expression; Summary executions; Torture

Alleged killings and detention of protestors in the context of peaceful demonstrations. According to the information received, on 27 February 2011 Mr. Abdullah al-Ghamalasi was killed when police fired rubber bullets on protesters. Another man reportedly died as a result of injuries sustained during the same protest. On 27 March, Mr. Ahmed al-Shezawi, a 35- year-old head of the press relations department in al-Shabiba, was reportedly arrested at his home in Muscat and questioned about his links with foreign organizations. His uncle, Mr. Abdul Gufar al-Shewazi, a 50-year-old lecturer at the Teachers College in Sohar, was allegedly also arrested at his home by members of the security forces and beaten. Both Mr. al- Shezawi and Mr. Gufar al-Shezawi had reportedly participated in the protests at the Globe Roundabout in Sohar, which had commenced on 27 February. They were released without charge on 10 April, after having signed a pledge not to commit acts of destruction of public property. On 29 March, a number of protesters were allegedly arrested by security forces. Other individuals who took part in the protests were allegedly arrested at their homes. Nine protesters, including the alleged organizers Mr. Hilal al-Alawi and Mr. Ali al-Badi, were being held in detention. Most of them had been kept at the Central Prison in Samail. Mr. Hilal al-Alawi, aged 27, was reportedly arrested at his parent’s house on 29 March and had been held in solitary confinement since his arrest. Mr. Ali al-Badi was also arrested on 29 March.

06/06/11

28/04/11 JUA

PAN 2/2011

Panama

Freedom of expression; Human rights defenders

Supuesta repatriación de defensores de derechos humanos. Según las informaciones recibidas, el 28 de febrero de 2011, el Sr. Gómez Nadal y la Sra. Chato Carral habrían sido repatriados a España desde Panamá a pesar que el Sr. Gómez Nadal habría contado con residencia permanente en Panamá y la Sra. Chato Carral habría entrado en Panamá el 27 de diciembre de 2010 con un visado de turista válido por seis meses. El 26 de febrero de 2011, el Sr. Gómez Nadal y la Sra. Chato Carral habrían sido arrestados mientras observaban y filmaban una manifestación pacífica de indígenas Ngäbe-buglé contra la reforma al Código de Recursos Minerales en la Ciudad de Panamá. El Gobierno habría emitido un comunicado anunciando que el Sr. Gómez Nadal habría sido detenido por instigar dicha manifestación así como por “incitar a los indígenas panameños a desafiar a las autoridades nacionales”.

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29/04/11 JUA

CHN 12/2011

China

Arbitrary detention; Food; Freedom of expression; Freedom of religion; Minority issues

Alleged police killings and arrest of monks. A communication was sent on 21 April 2011 concerning the harassment of the monastic community and the deteriorating situation at Ngaba Kirti Monastery (see above, case no. CHN 9/2011). According to the new information received, on the evening of 21 April and morning of 22 April 2011, more than 300 monks were arrested in Ngaba Kirti Monastery and driven away in army trucks to undisclosed locations. A group of elderly lay people who were standing vigil at the monastery gate were allegedly beaten by the police and their arms and legs were broken. Ms. Sherkyi, 65 years old, and Mr. Dhonkho, 60 years old, reportedly died as a result of the beatings by the police. Among the monks who were reportedly arrested, the following remained detained: Mr. Lobsang Rinchen (37 years old), Mr. Lobsang Samten (39 years old), Mr. Lobsang Tsering (32 years old), Mr. Chuka Samten (30 years old), Mr. Dakpa (29 years old), Mr. Samten Dher (31 years old), Mr. Sangye (45 years old), Mr. Lopel (38 years old), Mr. Loepo (32 years old), Mr. Takho (31 years old), Mr. Woesel (38 years old), Mr. Choephel (43 years old), Mr. Lobsang Sopa (42 years old), Mr. Samdup (39 years old), Mr. Jamyang Tempa (45 years old), Mr. Tsondu (30 years old), Mr. Yeshi (28 years old), Mr. Lhundup Ringmo (29 years old), Mr. Thupten Jamyang (32 years old), Mr. Tsezin (38 years old), Mr. Shedup, Mr. Lhundup Ringmo, Mr. Jampa (30 years old), Mr. Choejay (28 years old), Mr. Khai Sang (29 years old), Mr. Wangdak (30 years old), Mr. Tenchok (31 years old), Mr. Gedhun Tsering (35 years old), Mr. Khayon Sangye (38 years old), Mr. Khayon Tashi (31 years old), Mr. Jamyang Tenzin (45 years old), Mr. Choephel (29 years old), Mr. Tsering (25 years old), Mr. Jampel Tsultrim (31 years old), Mr. Tsering Thoepa (33 years old), Mr. Choezing (19 years old), Mr. Tsering (18 years old), Mr. Choe chok (18 years old), Mr. Jigme (21 years old), Mr. Dakpa Gosay (45 years old), Mr. Woezo Lhundup (47 years old), Mr. Tsongon Trulku (48 years old), Mr. Tse Trulku (50 years old), Mr. Lobsang Sherab (33 years old), Mr. Jamyang (41 years old), Mr. Dakpa Nag (34 years old), Mr. Ngenkho (35 years old), Mr. Dakpa Chung (27 years old) and Mr. Lobsang Kelsang (34 years old).

30/05/11

A /H

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100 Date Type

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29/04/11 JUA

COL 3/2011

Colombia

Freedom of expression; Human rights defenders

Supuesta desaparición y actos de hostigamiento. Según las informaciones recibidas, la Sra. Sandra Viviana Cuellar Gallego, presidenta de la organización Sur Viviendo, habría sido víctima de una desaparición. La última vez que habría sido vista fue el 17 de febrero de 2011, cuando habría salido de la residencia de sus padres en Cali, rumbo a la Universidad Nacional de Palmira, donde tenía que dictar una clase. Según se informa, nunca habría llegado a la universidad. El 18 de febrero, la Sra. Cuellar Gallego tenía que haber participado en un forum sobre el tema del agua en Cali. El 19 de febrero, su familia habría sido informada que su tarjeta de identidad y su teléfono celular habrían sido encontrados. El Sr. Hildebrando Veléz habría asumido el liderazgo de la campaña en la búsqueda de la Sra. Cuellar Gallego y, desde principios del mes de abril, habría sido víctima de actos de hostigamiento y amenazas.

20/05/11

04/05/11 JUA

BHR 7/2011

Bahrain

Independence of judges and lawyers; Summary executions

Alleged imposition of the death penalty. According to information received, following the declaration of a state of emergency, the National Safety Court of First Instance and the National Safety Appeal Court were established, with no explicit recognition of due process safeguards. On 28 April 2011, the National Safety Court of First Instance reportedly sentenced to death Mr. Ali Abdullah Hassan al-Sankis, Mr. Qassim Hassan Matar, Mr. Saeed Abduljalil Saeed and Mr. Adbulaziz Abdulridha Ibrahim Hussain. Three other co-accused persons, Mr. Issa Abdullah Kadhim Ali, Mr. Sadeq Ali Mahdi and Mr. Hussein Jaafar Abdulkarim were sentenced to life imprisonment. Allegedly, the trials of Mr. Suleiman Yahya Hamza, Mr. Hamad Yusif Kadhim and Mr. Abbdulla Mohammed Habib, charged with attempted murder of policemen; and Mr. Hassan Abdelwahab Ahmed, accused of covering up one of the suspects and holding a stolen police weapon; were on-going before the National Safety Court of First Instance.

08/06/11

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101

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04/05/11 JUA

MEX 9/2011

Mexico

Human rights defenders; Migrants

Supuestos actos de amenazas y hostigamiento contra defensores de derechos humanos. Según las informaciones recibidas, el 30 de marzo de 2011 el Sr. José de Jesús Luna Brenes, Visitador Adjunto de la Oficina Regional de la Comisión Nacional de los Derechos Humanos en Tijuana, se habría dado cuenta de que dos agentes de la Policía Municipal Turística estarían arrestando a una persona, y se habría interesado por el motivo del arresto. El Sr. Luna Brenes habría sido acusado de obstrucción de la justicia y falta de respeto a la autoridad y traslado a una estación de la Policía Municipal, y poco después habría sido presentado ante un Juez. El Juez le habría impuesto una sanción consistente en “amonestación”. El Sacerdote José Guadalupe Valdés Alvarado es encargado de la Casa del Migrante Frontera Digna, Cohahuila. En abril se habría detectado un grupo de vigilantes en un coche estacionado cerca de la Casa. Durante este tiempo, los trabajadores de la Casa habrían sido amenazados por teléfono. La situación habría supuestamente empeorado tras el acompañamiento pastoral dado a un grupo de migrantes víctimas de secuestro y la denuncia que se habrían presentado acerca de estos casos. La Sra. Cruz Eda Fernández López es agente de la pastoral migratoria en la Diócesis de San Andrés Tuxtla, Veracruz. El 15 de marzo, la Sra. se habría dado cuenta de que había un vehículo gris en frente de su casa. Por tal motivo, habría decidido no entrar y parar un taxi. Una mujer desconocida habría bajado del vehículo gris y le habría empezado a gritar. Al arrancar el taxi, la Sra. Fernández López se habría dado cuenta de que el vehículo gris habría aparecido nuevamente. El Sr. Ignacio Muñiz Zamora es titular del área jurídica del Centro de Derechos Humanos del Migrante "Beato Juan Bautista Scalabrini", Nuevo Laredo. El 22 de marzo, el Sr. habría sido abordado en la vía pública por dos hombres desconocidos que habrían intentado subirle a un vehículo. Le habrían amenazado con un arma de fuego y le habrían sustraído dos ordenadores así como la radio que llevaba con él. El Sr. Muñiz Zamora había recibido amenazas anteriormente, al igual que otros integrantes del Centro. El Sr. Muñiz fue objeto de una comunicación anterior (ver A/HRC/16/44/Add.1, para 1706).

05/05/11 AL

BHR 8/2011

Bahrain

Freedom of religion

Alleged demolition of Shi’a mosques. According to the information received, on 17 April 2011 security forces demolished the Emir Mohammed Al-Berbegi mosque in Aali, a Shi’a mosque located on Shaikh Khalifah highway to Manama. The construction of this mosque dates back to several decades and was registered with the Jaffari Waqf (Endowment) Directorate. Also on 17 April, the Imam Sadeq mosque in Salmabad was reportedly demolished by security officials. The construction of the mosque dates back 150 years and was registered with the Jaffari Waqf (Endowment) Directorate.

11/05/11

01/07/11

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05/05/11 JUA

PAK 3/2011

Pakistan

Arbitrary detention; Disappearances; Freedom of expression; Torture

Possible enforced disappearances. According to the information received, the following members of Jeay Sindh Mutehda Mahaz (JSMM), a Sindhi speaking nationalist group, were arrested by Pakistani security forces, subjected to torture and other forms of ill-treatment, and their fate and whereabouts remained unknown: Mr. Riaz Kakepoto, district president of JSMM, resident of Alia abad, Shaheed Benazirabad, Sindh province; Mr. Shah Nawaz Bhutto, district president of JSMM, resident of Moro city, Shaheed Benazirabad, Sindh province; Mr. Ali Nawab Mehar, member of district committee of JSMM at Nawabshah, resident of Qazi Ahmed, Shaheed Benazirabad, Sindh province; Mr. Jam Bhutto, activist at Nawabshah city, resident of Daulat Pur, Shaheed Benazirabad, Sindh province. On 11 April 2011, the above mentioned individuals were allegedly on their way home following a six-day hunger strike in front of the Karachi Press Club, when they were stopped by representatives of the Pakistani security forces in plain clothes who dragged them into a vehicle and drove them away to an undisclosed destination.

05/05/11 JAL

UGA 3/2011

Uganda

Human rights defenders; Independence of judges and lawyers

Alleged arrest and deportation of human rights defenders. According to the information received, on April 13, 2011, Messrs Samwel Mohochi, Hussain Khalid, Muhdhar Khitamy and Hassan Omar Hassan were arrested by immigration officers at their arrival at Entebbe Airport in Kampala and detained there. The four human rights defenders were reportedly not interrogated and no reason was provided by the Ugandan authorities. They were allegedly required to sign deportation papers and were deported back to Nairobi under the Uganda Citizenship and Immigration Control Act (1992). They were reportedly flying to Kampala to meet with the Chief Justice of Uganda in order to discuss the case of Mr. Al-Amin Kimathi, a Kenyan human rights defender, who was allegedly arrested in Uganda on 15 September 2010 and detained at the Luzira Maximum Security Prison. Mr. Kimathi was the subject of an earlier communication (see A/HRC/16/44/Add.1 para 2303).

05/05/11 JUA

ARE 5/2011

United Arab Emirates

Arbitrary detention; Freedom of expression; Torture

Alleged arbitrary detention. According to the information received, on 21 April 2011 Mr. Adbdullah Khowar, 29, a vendor, usually residing in Ain-Khaled, Doha, Qatar, was arrested by the security forces of the United Arab Emirates (UAE) at the border of Salwa when he was driving to the UAE. On the same day, Mr. Khowar was reportedly allowed to contact his wife and inform her that he was taken to the Damman prison in the UAE. He allegedly noted that he was not given any explanation for his arrest and that he feared for his safety. Reportedly, Mr. Khowar had expressed his political views in relation to the events taking place in the Middle East.

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05/05/11 AL

TZA 1/2011

United Republic of Tanzania

Health Alleged adverse consequences of the HIV and AIDS (Prevention and Control) Act of 2008. According to the information received, despite the prohibition of a compulsory HIV testing, the abovementioned Act allows for mandatory testing without prior consent under certain circumstances. The Act allegedly also allows the results of an HIV test to be released to a spouse or sexual partner. The Act’s provision to criminalize HIV transmission on the basis of intent reportedly fails to distinguish between mala fide and negligent transmissions. It is further alleged that the Act could undermine HIV prevention and treatment efforts by discouraging people from getting tested, and could make women more vulnerable to persecution than men as the former could also be charged for HIV transmission to their children. Given the HIV-related stigma and discrimination, it is alleged that criminal sanctions could be directed disproportionately against those who are socially and/or economically marginalized.

A /H

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104 Date Type

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06/05/11 JAL

HND 4/2011

Honduras

Freedom of expression; Human rights defenders; Torture

Supuesto uso excesivo de la fuerza. Según las informaciones recibidas, desde el 17 de marzo de 2011 las fuerzas del orden habrían recurrido con frecuencia al uso excesivo de la fuerza contra manifestantes. La Sra. Ilse Ivannia, profesora, habría recibido un impacto de uno de los proyectiles de una bomba lacrimógena en la frente. El Sr. René Andino Alvarenga, Presidente de la Junta Directiva Central del Sindicato de Trabajadores de la Universidad Autónoma de Honduras, habría recibido una amenaza de muerte contra el y los Sres. Donatilo Jimenes y Francisco Obando Torres. Agentes de la policía habrían lanzado una bomba lacrimógena al domicilio de la Sra. Gladys Lanza Ochoa. Las Señoras Lanza Ochoa, Nora Rosales, y Merly Eguigure, miembros del Movimiento de Mujeres por la Paz Visitación Padilla, habrían sido golpeadas por la policía mientras asistían a una manifestación. Varios miembros del Sindicato de Trabajadores de la Industria de la Bebida y Similares, entre ellos los señores Carlos H. Reyes, Francisco Javier Oviedo Morales, Leonel Argueta Moreno y Naptalí Castro, habrían recibido amenazas de muerte. La Sra. Ethel Corea, periodista, habría recibido una amenaza de muerte, y su colega Sr. Franklin Meléndez habría sido hospitalizado como consecuencia de una herida de bala. Agentes de la policía habrían rodeado en la calle a la Sra. Lidieth Díaz y el Sr. Adolfo Sierra, y les habrían arrojado una bomba de lacrimógena. El Sr. Uriel Rodríguez habría sido impactado por una bala de caucho que habría disparado un agente de policía. Agentes de las fuerzas del orden habrían intentado requisar la cámara de fotos de la Sra. Sandra Maribel Sánchez. La Sra. Lidiette Díaz, periodista, habría sido agredida por agentes de las fuerzas del orden. El Sr. Bartolo Fuentes, periodista, habría recibido un impacto en su pierna de un proyectil de gases lacrimógenos. Agentes de la policía habrían lanzado una bomba lacrimógena hacia el Sr. David Romero, la Sra. Lidieth Díaz y el Profesor Edgardo Casaña. El Sr. Richard Casulá, periodista, y su camarógrafo el Sr. Salvador Sandoval, habrían sido objeto del impacto de una bomba lacrimógena. El Sr. Pedro López, periodista, habría sido detenido mientras observaba una protesta.

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06/05/11 JUA

TUR 2/2011

Turkey

Arbitrary detention; Human rights defenders; Independence of judges and lawyers; Minority issues; Terrorism

Alleged detention of human rights defenders and irregularities during their trial.

According to the information received, Mr. Muharrem Erbey, General Vice-President of human rights association Insan Haklari Dernegi (IHD), Mr. Arslan Özdemir and Ms. Roza Erdede, IHD members at the Diyarbakir branch, had been held in pre-trial detention awaiting the twentieth session of their trial before the Diyarbakir Serious Felony Court on 26 May

2011. Ms. Vetha Aydin, President of the IHD’s Siirt province branch, was reportedly released on 15 March for lack of evidence following a court order; however, the charges against her were still pending. Between 23 December 2009 and April 2010, Mr. Erbey, Mr. Özdemir, Ms. Erdede and Ms. Aydin were reportedly arrested by officers of anti-terrorism units as part of an anti-terrorism operation conducted across eleven provinces in Turkey, the objective of which was to dismantle the banned “Community of Kurdish Society”, a branch of the armed “Kurdish Workers’ Party” (“Parti Karkerani Kurdistan” – PKK). The aforementioned human rights defenders were reportedly charged with being members of an illegal organization. Reportedly, throughout the trial of Mr. Erbey, Mr. Özdemir, Ms. Erdede and Ms. Aydin, which began on 18 October 2010, there were a number of irregularities with regards to international judicial standards. The situation of Mr. Erbey was the subject of an earlier communication (see A/HRC/16/44/Add.1 para 2284).

29/07/11

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09/05/11 JUA

IRQ 3/2011

Iraq

Health; Summary executions; Torture

Alleged excessive use of force by Iraqi security forces in Camp Ashraf. According to the information received, on 8 April 2011, hundreds of residents of Camp Ashraf were attacked by the Iraqi security forces, police and anti-riot forces. The following residents of the camp reportedly sustained grave injuries, including gunshot wounds as a result of the alleged excessive use of force: Assad Shahbazi, Hassan-ali Kamalian, Hanif Garmabi, Mehdi Mehdizadeh, Ali Hossein Jama’ati, Ali-Reza Ghafourzadeh, Naghi’ollah Verdi, Nima Habashi, Akbar Ali-doust, Saeed Shokrollahi, Abdol-hamid Ra’oufian, Ali Bagherzadeh, Ali Shah Karami, Alireza Arjmand, Kourush Saeedi, Massoud Miri, Malek Jamsheed Deh- Morde, Nosser Khoshkoud, Nourollah Fallahi, Yousef Laskani, Adam Balouch, Ahmad Jofshan, Ahmad Reza Tohidi, Bahman Rahimi, Bijan Pirnejad, Hassan-ali Rakhshani, Sultan Ali Shirazi, Abdolali Haj-Mohammadi, Ali Ashraf Karimi, Ali Moradi, Ali Reza Malajerdi, Mohammad Taghi Riahi, Mousa Javedan, Mehrdad Bazazan, Housahng Heidari, Ahmad Sajedyian, Ahmad Sorkhi, Ahmad Golpayegani, Bijan Pouladarg, Jaffar Paky, Hassan Mohammadi, Reza Jalali, Reza Mojaveri, Ali Asghar Mekanic, Ali Aslani, Habab Haji-nejad, Saeed Vahedi, Emad Fatehi, Nima Amoui, Majeed Mohammadi, Dariush Karimi, Mohammad Ali Seif, Ali Fatehi, Morteza Hassani, Amir Saeedi, Adolfazl Sa’dollah, Mohammad Taghi Abkhesar, Karam Ali, Nosser Davari, Mohammad Shabrokh, Mohammad Mashayekhi, Mehdi Baghban, Mohammad Khanjari, Hamed Fatahian, Mansour Mddah, Naji Boroumand, Hamed Miri, Abuzar Javaherian, Ali Rasekhi, Mohammad Karim Miri, Akbar Alidoust, Ahmad Abdi, Mohammad Habibi. The following 25 residents were reportedly killed, including from gunshot wounds, being hit or run over by bulldozers and Humvees and due to the lack of timely medical intervention: Jafar Bareji, Mohammad Reza Yazdan Doust, Hanif Kafaii, Mohammad Ghayumi, Zoheir Zakeri, Khalil Ka’bi, Fereidoo Eini, Saeed Chavoshi, Ghassem E’temadi, Alireza Habibzadeh, Massoud Haji Loui, Mehdi Barzegar, Saeed-Reza Pour Hashem, Varga Soleimani, Fa’eze Rajabi, Mohammad Reza Yazdandloo, Mohammad Reza Pirzadi, Farshad Pour Kashkouli, Hassan Avani, Nastaran Azimi, Akbar Madadzadeh, Allah Nazar Azin, Nasser Saeedpour, Amir Mansour Fazlollahi, Saba Haftbaradaran.

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09/05/11 JAL

MYS 5/2011

Malaysia

Freedom of expression; Human rights defenders; Minority issues

Alleged wave of arrests and harassment of human rights defenders. According to the information received, since 10 February 2011 a number of human rights defenders have been harassed, threatened, arrested and detained, reportedly related to the organisation of an anti- discrimination demonstration which was due to be held in Kuala Lumpur on 27 February. On 21 February, Mr. Gobalakrishnan Manickam, member of the Malaysian Human Rights Party, was allegedly arrested at his home in Batang Kali by policemen who did not present a valid Court Order. Reportedly, Messrs Sambulingam, Selvam, Ramesh, and Sivakumar, members of the Hindu Rights Action Force (HINDRAF) were arrested and harassed in relation to meetings and campaigns they organised. Reportedly, on 27 February, 100 Malaysian Indian protesters were arrested as they tried to assemble. Since 1 March, the Malaysian authorities have allegedly arrested up to 54 members of HINDRAF and the Malaysian Human Rights Party.

09/05/11 JAL

NGA 1/2011

Nigeria

Health; Toxic waste

Alleged cases of acute lead poisoning. According to the information received, nearly 400 children have died since March 2010 as a result of lead poisoning, the majority of them at under 5 years of age. Allegedly, an additional 30,000 people in 7 villages in Zamfara State had been identified as being at risk of lead exposure by inhalation or ingestion. Allegedly, the deaths have been linked to massive environmental contamination caused by artisanal and small-scale gold mining activities, which have reportedly intensified in the Zamfara since November 2009.

09/05/11 JUA

UGA 4/2011

Uganda

Freedom of expression; Summary executions

Alleged excessive use of force during protests. According to the information received, on 11 April 2011 police fired tear gas at peaceful protestors. In reaction some protestors started throwing stones; subsequently dozens of protestors were injured. On 14 April, security forces allegedly opened fire on peaceful protests in Gulu, killing Mr. Adoni Mugisu, a market vendor, and Mr. Charles Otula, a mechanic. An unidentified person was reportedly lynched by the protesters for wearing a t-shirt with a photograph of the President. On 18 April, police allegedly opened fire and used rubber bullets and teargas on peaceful demonstrators. Since the protest began, a number of opposition leaders had reportedly been arrested, including Mr. Kizza Besigye, Mr. Norbert Mao, opposition members of parliament affiliated to the FDC party and about 20 opposition activists. Those arrested in connection with the protests had been charged with various offences including “inciting violence” and “holding unlawful public assemblies”.

11/05/11

17/05/11

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10/05/11 JUA

USA 5/2011

United States of America

Cultural Rights; Freedom of religion; Indigenous peoples

Alleged imminent desecration and destruction of ceremonial and burial site.

According to the information received, Sogorea Te, now located within the city of Vallejo, California, had been in existence for 3,500 years and has been used continually by the Northern California indigenous peoples, who consider this site sacred. Allegedly, the City of Vallejo had planned to level and pave over the Sogorea Te Sacred Area in order to construct a parking lot and public restrooms. A continuous occupation of the site by local native peoples and organizations had held off the bulldozers that were due to begin the works on 15 April

2011.

11/05/11 JUA

CHN 13/2011

China

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Torture

Alleged new cases of enforced or involuntary disappearances. According to the information received, Mr. Sun Desheng from Guangzhou City was detained after having written anti-corruption and anti-dictatorship slogans. Ms. Li Tiantian, a human rights lawyer from Shanghai allegedly disappeared on 19 February 2011. Ms. Mao Hengfeng, born 1961, was allegedly detained on 24 February. Mr. Liu Dejun from Beijing allegedly disappeared on 27 February. Mr. Zhu Yufu, a resident in Hangzhou City, was allegedly arrested on 5 March. Mr. Zhou Li from Beijing allegedly disappeared on 27 March. Mr. Ai Weiwei, a Beijing- based activist and artist, reportedly disappeared after being arrested at Beijing’s Airport on 3 April. Several of his assistants also disappeared: Mr. Wen Tao, Mr. Hu Mingfen, Mr. Zhang Jinsong, and Mr. Liu Zhenggang. Mr. Zhang Yongpan, a legal activist from Beijing, reportedly disappeared on 14 April. Mr. Zhang Jialong, a 22-year-old journalist intern at Caijing Magazine, reportedly disappeared on 28 April. Reportedly, Mr. Zhang Haibo was abducted by the police in Shanghai on 20 February. Mr. Ceng Renguang, a human rights defender from Beijing allegedly disappeared on 22 February. Mr. Lan Ruoyu, a student from Chongqing allegedly disappeared on 27 February. Mr. Yuan Xinting, a Guangzhou-based editor and activist allegedly disappeared in early March. Mr. Ma He from Chengdu, a web technician, allegedly disappeared on 3 March. Mr. Wei Shuishan, a democracy activist based at Zhejiang Province, was allegedly detained on 5 March. Mr. Zhang Halbo reportedly disappeared in the Shanghai Province. Mr. Li Yu from Sichuan Province, actively involved in internet social networks, allegedly disappeared between 12 and 13 March. Mr. Hu Di from Beijing, actively involved in internet communities, reportedly disappeared on 13 March, and Mr. Liu Zhengqing, a Guangzhou-based human rights lawyer, allegedly disappeared approximately on 25 March. The fate and whereabouts of all these persons remained unknown.

14/07/11

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12/05/11 UA

ECU 1/2011

Ecuador

Freedom of expression

Supuestos procesos penales contra periodistas. Según la información recibida, el 17 de julio de 2005, el Director de opinión y editorialista del diario El Universo, Emilio Palacio, publicó un artículo que criticó unas declaraciones de Rafael Correa. El 8 de marzo del 2009, Rafael Correa, ya siendo Presidente de la República, inició una serie de declaraciones que desembocaron en una querella legal contra Emilio Palacio, por el delito de difamación. El 26 de marzo de 2009, el Juzgado Segundo de Garantías Penales de Guayas dictó sentencia en este caso, condenando Emilio Palacio a pena de tres años de prisión correccional. El 6 de febrero de 2011, en El Universo se publicó un artículo escrito por Emilio Palacio donde se expresó su opinión sobre los hechos acontecidos el 30 de septiembre de 2010 cuando miembros de la Policía Nacional iniciaron una protesta. El 21 de marzo de 2011, Rafael Correa acudió al Juez de Garantías Penales de Guayas para acusar en primer lugar a Emilio Palacio; Carlos Nicolás Pérez Lapentti, Presidente y Representante Legal de El Universo; Carlos Eduardo Pérez Barriga, Vicepresidente Ejecutivo y Representante Legal de El Universo; César Enrique Pérez Barriga, Vicepresidente General y Representante Legal de El Universo; y a la Compañía Anónima El Universo, por el delito de injuria agravada.

12/05/11 JUA

EGY 7/2011

Egypt

Freedom of religion; Minority issues

Alleged attacks on Coptic churches. According to the information received, on 7 May 2011 an armed group of Salafi Muslims attacked the Coptic Saint Mina church, located in Imbaba, Cairo. The Saint Mina church and some nearby Christian-owned houses and shops were reportedly set on fire. Subsequently, the Coptic church of Virgin Mary was also burned. 12 persons were reportedly killed during the attacks and about 230 injured. On 8 May, Egypt’s Supreme Council of the Armed Forces reportedly ordered the transfer to the Supreme Military Court of those 190 individuals arrested in connection with the events in Imbaba.

12/05/11 JUA

KOR 2/2011

Republic of Korea

Freedom of religion; Torture

Alleged risk of deportation to Uzbekistan. According to the information received, Mr. Abdoolla Raviev, a national of Uzbekistan born in 1976, arrived in Korea in 2001, and was detained in February 2009 for overstaying his visa. Mr. Raviev allegedly attempted to apply for refugee status in 2007. On 17 June 2009, his refugee claim was rejected by the Ministry of Justice, reportedly without an official explanation. Reportedly, Mr. Raviev’s father was an Imam before he passed away, and Mr. Raviev studied Islam in the Kyrgyz Republic. Members of his family were reportedly affiliated with Hizbuttahrir. In 2002, the Uzbek Government reportedly began to arrest members of the Hizbuttahrir, and in 2003 some of Mr. Raviev’s family members were arrested. Reportedly, prisoners, in particular those imprisoned on political or religious grounds, are often tortured.

27/06/11

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12/05/11 JUA

SAU 5/2011

Saudi Arabia

Arbitrary detention; Freedom of expression; Freedom of religion; Human rights defenders; Independence of judges and lawyers; Torture

Alleged arrest and incommunicado detention. According to the information received, Mr. Fadhel Al Manasif had observed and documented arrests carried out by security forces in the context of peaceful protests. Reportedly, on 1 May 2011, Mr. Al Manasif was arrested and transferred to the Criminal Investigation Department at Al Kutaief police station. He was allegedly accused of inviting international media to demonstrations, as well as participating in, and gathering information about demonstrations. On 2 May, Mr. Al Manasif was allegedly transferred to Al Thakbah police station, where he had been held in incommunicado detention. Two days before Mr. Al Manasif was arrested, he was reportedly actively involved in the dissemination of information to international organizations regarding amendments made to the Press and Publications Law. On 29 April 2011, King Abdullah bin Abd al-‘Aziz issued a decree amending the 2000 Press and Publications Law, placing further restrictions on the right to freedom of speech in Saudi Arabia. The amendments made to the aforementioned law, allegedly prohibit publishing anything that “contradicts rulings of the Islamic Shari’a Law or regulations in force”. It is also prohibited to publish anything that “calls for disturbing the country’s security, or its public order, or services foreign interests that contradict national interests, […] causes sectarianism or that spreads divisions between citizens, […] and damages public affairs in the country”. It is further alleged that the amendments made to the aforementioned law prohibit violating the “reputation, dignity, or the slander or libel” of the chief mufti, members of the Council of Senior Religious Scholars, or any other government official or government instruction.

12/05/11 JAL

USA 6/2011

United States of America

Summary executions; Terrorism

Request to disclose facts in respect of the use of deadly force against Mr. Osama bin Laden. According to information received, on 2 May 2011, the President of the United States of America, Mr. Barrack Obama, made a public statement that Mr. Osama bin Laden had been killed in Abbottabad, Pakistan, during an operation conducted by the United States Government. On 4 May, the United States Attorney General, Mr. Eric J. Holder Jr., indicated before the United States Senate that the killing of Mr. Osama bin Laden was lawful and was “justified as an act of national self-defense”. The exact details of the operation remained unclear; details emerging from Government officials remained sketchy and at times inconsistent.

24/06/11

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13/05/11 JAL

KHM 3/2011

Cambodia

Cambodia; Freedom of peaceful assembly and of association; Human rights defenders

Allegation that draft NGO Law may hamper legitimate work in the promotion of human rights. According to the information received, on 24 March 2011 the Government of Cambodia released the second draft of an NGO Law. Reportedly, the inputs and concerns expressed by NGOs had not been sufficiently incorporated into the draft law. Furthermore, certain provisions as contained in the second draft may hamper the legitimate work of NGOs in the promotion of human rights.

13/05/11 JUA

SLV 1/2011

El Salvador

Freedom of expression; Human rights defenders

Supuestas amenazas contra periodistas. Según las informaciones recibidas, desde el 30 de abril de 2011, los Sres. Pablo Ayala, Manuel Navarrete, Oscar Beltrán y la Sra. Marixela Ramos habrían recibido amenazas de muerte como consecuencia de su labor como periodistas de la Radio Victoria. Radio Victoria transmite información sobre la situación nacional en cuanto a los derechos humanos. El 30 de abril, el Sr. Ayala habría encontrado una carta que habría sido dejada en la puerta de la oficina con una amenaza de muerte contra él y su colega el Sr. Navarrete. El 2 de mayo, el Sr. Ayala habría recibido dos mensajes a su teléfono celular amenazándole para que no fuese a la oficina. El mismo día, la Sra. Ramos habría recibido dos mensajes a su teléfono celular amenazándole para que dejara de transmitir noticias con Radio Victoria. El 8 de mayo, los periodistas habrían de nuevo recibido amenazas en sus teléfonos móviles.

13/05/11 JAL

ETH 2/2011

Ethiopia

Indigenous peoples; Minority issues

Alleged displacement of indigenous people from their ancestral land. According to the information received, the Anywa people identify as an indigenous minority with a long historical attachment to ancestral land in the Gambella region. The Ethiopian Government allegedly leased 300,000 hectares of land occupied by the Anywa people to the Indian horticulture company Karuturi, and 10,000 hectares to the Saudi Star Company with another 240,000 hectares more likely to be leased to the Saudi Star Company. Reportedly this had bee done without any prior consultation with local people. Moreover, the Federal Government had reportedly officially revealed its plan to displace 45,000 Anywa people (half of the total Anywa population) in the coming three years. In Abobo district, the Saudi Star agriculture company has allegedly already displaced Ochak-Chala village, Perbongo-Tierkudhi village, Perbongo-Oma and Awita-jwieo villages. The villagers were allegedly not consulted or compensated.

13/05/11 AL

USA 7/2011

United States of America

Mercenaries Follow-up to earlier communication (see A/HRC/7/7/Add.1, para 84), concerning Mr. Luis Posada Carriles, who had been accused of mercenary-related acts of terrorism and was then in U.S. custody on immigration-related charges.

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112 Date Type

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19/05/11 JAL

HND 5/2011

Honduras

Freedom of expression; Human rights defenders; Summary executions

Supuesto asesinato de defensor de derechos humanos y periodista. Según las informaciones recibidas, el Sr. Héctor Medina Polanco era productor y presentador de un programa de noticias del canal provincial Alfa & Omega Visión. El 10 de mayo de 2011 el Sr. Medina regresaba a su domicilio cuando dos hombres le habrían atacado arrastrándole por el suelo y le habrían disparado repetidamente frente a su casa en Morazán. El Sr. Medina falleció en la madrugada del 11 de mayo. El Sr. Medina habría recibido amenazas de muerte en varias ocasiones a causa de su trabajo. En particular, el Sr. Medina habría denunciado públicamente actos supuestamente ilícitos relacionados con la tenencia de tierras y habría criticado en repetidas ocasiones las acciones de la Policía Nacional y ciertos grupos de seguridad privados.

20/05/11 JUA

BHR 9/2011

Bahrain

Human rights defenders; Independence of judges and lawyers; Torture

Alleged torture and mistreatment in detention. According to the information received, Mr. Abdulhadi Alkhawaja, former Protection Coordinator of Front Line and former President of the Bahrain Centre for Human Rights, was presented for trial at the Bahraini Lower National Safety Court in Manama on 8 May 2011. Mr. Alkhawaja was charged with “organising and managing a terrorist organisation”, “attempting to overthrow the Government by force” and “liaising with a terrorist organisation working for a foreign country”. Mr Alkhawja reportedly informed the court that he had been subjected to torture while in detention. Mr. Alkhawaja’s trial reportedly did not comply with international standards. Mr. Alkhawaja was the subject of earlier communications (see case BHR 5/2011 above; A/HRC/13/22/Add.1, para 103; A/HRC/7/28/Add.1, para 59; and A/HRC/4/37/Add.1 para 33).

08/06/11

20/05/11 JAL

MDA 2/2011

Republic of Moldova

Health; Minority issues

Alleged disparities in access to health care. According to the information received, there are reports of denial of emergency health care services in Romani settlements and unfair or arbitrary treatment. Allegations include disparities between Roma and non-Roma in rates of health insurance coverage, frequent closures of local health clinics in rural Roma communities and the prescription of inappropriate medicines to Roma patients. Mr. Janus Arapu from Ursari village in Calarasi Region died, probably from a heart attack, after the ambulance allegedly arrive almost one hour after the call to the emergency exchange. Mr. Bogdan Ion, from v. Suruceni, Ialoveni district town, who suffered from tuberculosis, was reportedly offered medicines considered less active than necessary. He allegedly asked the doctor why he received this medicine, and was told that it was because he was a gypsy, and poor.

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24/05/11 JUA

MWI 2/2011

Malawi

Freedom of expression; Human rights defenders

Alleged threats and acts of intimidation against human rights defender. According to the information received, on 20 April 2011 three unknown men arrived at the office of Mr. Benedicto Kondowe, Executive Director of the Civil Society Coalition on Quality Basic Education. The men demanded that the security guard provide them with Mr. Kondowe’s home address and telephone number, which he refused to do. On 21 April, Mr. Kondowe reported the incident to the Area Three Police Station, Lilongwe. The same day, Mr. Kondowe reportedly received a threatening phone call from an unknown man. On 23 April, he reportedly received another phone call from an unidentified man who advised him to leave the country.

24/05/11 JUA

PAK 4/2011

Pakistan

Freedom of expression; Human rights defenders; Summary executions; Torture

Alleged abduction and subsequent killing. According to the information received, Mr. Siddique Eido and Mr. Yousaf Nazar were abducted by men in State security forces uniforms on 21 December 2010. On 28 April 2011, their bodies were found in Ormara, Balochistan, reportedly showing marks of torture, and both had been shot in the head. Mr. Eido was the coordinator of the NGO Human Rights Commission of Pakistan (HRCP) core group in Pasni, District Gwadar. Mr. Nazar was a member of the Baloch Students Organisation (Azad). Mr. Eido worked on cases of human rights violations and disappearances in Balochistan and he was allegedly the second member of the HRCP to be killed in 2011. His murder followed that of Mr. Naeem Sabir Baloch, who was allegedly killed on 1 March 2011. Mr. Eido and Mr. Nazar were the subject of an earlier communication (see above, case no. PAK 17/2010).

24/05/11 JUA

YEM 2/2011

Yemen

Arbitrary detention; Torture

Alleged incommunicado detention and torture. According to the information received, Mr. Hicham Gherras, a Moroccan citizen born in 1968, travelled to Yemen in the context of his professional activities as director of the company Sunset Trade & Services on 12 February 2011. On 18 February, he was allegedly arrested by agents of political security services Al- Amn Syassi. Mr. Gherras had reportedly not been charged nor had he been informed of the reasons for his arrest and detention. He was reportedly interrogated with regard to his professional activities and the aim of his trip to Sanaa. He was reportedly allowed to contact his wife once through a telephone call, and told her that he had been exposed to acts of torture.

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25/05/11 AL

IND 8/2011

India

Torture Alleged beatings by Border Security Guards. According to the information received, on 27 March 2011 Mr. Mofijur Rahman, residing at Sarandajpur village, Murshidabad District, West Bengal, went to work at his agricultural lands. Later on, two on duty Border Security Force (BSF) constables allegedly started beating Mr. Rahman with their wooden sticks without disclosing any reason. Mr. Rahman went to Raninagar Police Station to register a complaint. The police reportedly only recorded the matter in General Diary Entry Book. Reportedly, no investigation had been initiated. On 7 March 2011, Mr. Mainul Molla, residing at Lalkup village, was reportedly stopped by two BSF constables. Without asking any questions, the two BSF constables allegedly detained Mr. Molla at the Outpost and beat him. Mr. Molla filed a written complaint at the Raninagar Police Station. Reportedly, the complaint was not registered as a criminal case, and no investigation had been initiated.

25/05/11 JAL

MEX 10/2011

Mexico

Freedom of expression; Human rights defenders; Summary executions

Supuesto asesinato de activista. Según las informaciones recibidas, el 4 de mayo de 2011 el Sr. Quetzalcoatl Leija Herrera habría sido asesinado en Chilpancingo, Guerrero. Su cuerpo habría sido encontrado en las inmediaciones del antiguo palacio de Gobierno. Como Presidente del Centro de Estudios y Proyectos para el Desarrollo Humano Integral, el Sr. Leija Herrera habría organizado seis marchas del orgullo gay en el Estado de Guerrero. Supuestamente, habría estado preparando una nueva movilización en favor de los derechos de lesbianas, homosexuales, bisexuales y personas transgénero que habría sido planeada para el mes de junio de 2011.

25/05/11 JAL

UGA 5/2011

Uganda

Adequate housing; Freedom of expression; Human rights defenders; Torture

Alleged abuses by the police and the military forces. According to the information received, on 18 May 2011 journalists Messrs Stephen Otage, Sulaiman Mutebi, Ivan Mukasa and Umar Kyeyune were covering an eviction of Lubigi wetland, which was reportedly carried out by military police and Uganda Police Force. Lubigi wetland is located along Hoima road, about 15 kilometres North West of Kampala. Reportedly, while the eviction was taking place, some of the persons being evicted were taken by the police and military forces, severely beaten and undressed. Security forces reportedly used tear gas and live ammunition during the eviction. The four journalists mentioned were covering the events, taking pictures of the alleged abuses, when they were reportedly also beaten by the police and their cameras were confiscated.

27/05/11

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26/05/11 UA

IRN 7/2011

Iran (Islamic Republic of)

Summary executions

Alleged risk of execution of members of the Kurdish minority. According to the new information received, the death sentence against Mr. Habibollah Latifi was upheld for the second time and had been sent for implementation. The death sentence of Mr. Sherko Moarefi was reportedly upheld by Branch 27 of the Supreme Court for the second time. These cases were the subject of an earlier communication (see A/HRC/14/24/Add.1, page 131). Mr. Latifi’s case was also the subject of another communication (see above, case no. IRN 37/2010).

26/05/11 JAL

ISR 4/2011

Israel

Cultural Rights; Education; Minority issues; Water and Sanitation

Alleged threats of forced displacement and discrimination against the Bedouin of the West Bank. According to the information received, the Bedouin of the West Bank were displaced from their tribal lands in the Negev desert in 1948. They are allegedly continuously exposed to the threat of forced displacement and discrimination, and live in an area of the occupied West Bank trapped between the policies of the Government of Israel and the Palestinian Authority. They are allegedly prevented from enjoying the minimum requirements of a dignified life, including lack of access to safe drinking water and sanitation. Community representatives report that the Bedouin are no longer allowed to visit their relatives in the Negev. The rangeland and water that the Bedouin depend on for their livestock has reportedly become fragmented by the establishment of closed military areas, Israeli settlements, nature reserves, check points and the West Bank Barrier.

A /H

R C

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116 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

26/05/11 JUA

SYR 5/2011

Syrian Arab Republic

Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Torture

Alleged detentions and possible enforced disappearances in connection with demonstrations. According to the information received, Mr. Wael Al-Hamada, a 35 year-old human rights activist was arrested in Damascus on 11 May 2011. His fate and whereabouts remained unknown. His wife Ms. Razan Zeitouneh, a human rights lawyer, was hiding from the Syrian security forces. Mr. Abdel Rahman Al-Hamada, a 22 year-old student, was allegedly arrested by intelligence agents on 30 April to force his brother Wael to surrender. His fate and whereabouts remained unknown. Mr. Najati Tayara, lawyer and Vice-President of the Syrian Human Rights Association was reportedly also arrested on 12 May, in Homs, and presented before a judge on charges of weakening the State’s national sentiments on 20 May. Mr. Amjad Baiazy was reportedly arrested at Damascus International Airport on 12 May. Allegedly, he had been held in detention by State Security in Damascus. Mr. Mohammed Hasan al-Labwani, brother-in-law of prisoner of conscience Mr. Kamal al- Labwani was reportedly arrested on 2 May in al-Zabadani. He had reportedly been tortured, and his fate and whereabouts remained unknown. Mr. Hassan Abd al-Adhim, aged 79, and Mr. Omar Qashaash, aged 85, were allegedly arrested on 28 and 30 April, respectively, for statements they had made to the media in support of the protests. Their fate and whereabouts remained unknown. Mr. Mohamed Yassin Al-Hamwi, a 65 year-old political activist, was reportedly arrested on 1 May by Military and Security agents and taken to the Air Force Intelligence Branch where he had been held in incommunicado detention. Mr. Yasser Al- Khayyat, a 26 year-old student and head of the Damascus University Group, was reportedly arrested with his co-workers on 11 May. His fate and whereabouts remained unknown. Mr. Mazen Adi, a 58 year-old leading opposition figure was reportedly arrested on 10 May in Damascus. Following threats, home searches and persecutions, many human rights activists, lawyers and students reportedly went into hiding from the security forces, including Messrs. Haytham al-Maleh, Hind al-Labwani, Omar al-Labwani, Jwan Yousef Khorshid, and Walid al-Bunni.

30/05/11 UA

BHR 10/2011

Bahrain

Health Alleged arrest and detention of medical professionals. According to the information received, 24 doctors and 23 nurses had been arrested in relation to alleged crimes committed during the protests held since February 2011. Their trial was reportedly announced on 3 May by the Ministry of Justice and Islamic Affairs and the Ministry of Health. They were reportedly charged by the military prosecutor and were awaiting trial before the National Safety Court of First Instance. On 12 May, Mr. Hassan Salman Al Maatooq, a nurse, was allegedly sentenced to three years of imprisonment.

23/06/11

A /H

R C

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117

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

30/05/11 JUA

COL 4/2011

Colombia

Freedom of expression; Human rights defenders

Supuestas amenazas y actos de intimidación contra defensores de derechos humanos. Según las informaciones recibidas, el 5 de mayo de 2011 el Sr. Pedro Geney, miembro del Movimiento de Víctimas de Crímenes de Estado (MOVICE), habría sido víctima de un robo llevado a cabo por dos sujetos desconocidos que le habrían pedido su mochila. El 10 de mayo, la Sra. Ann Stanton habría recibido un mensaje de voz, cuyo contenido habría sido una conversación privada entre la Sra. Stanton y su marido, el Sr. Rafael Barrios, abogado de derechos humanos en la Corporación Colectivo de Abogados José Alvear Restrepo. Un micrófono habría sido encontrado escondido dentro del coche. El 13 de mayo, alguien habría ingresado en el domicilio del Sr. Danilo Rueda, abogado de la Comisión Intereclesial de Justicia y Paz, y habría robado dos memorias USB. El 5 de abril, otra abogada con la Comisión Íntereclesial de Justicia y Paz, la Sra. Gisela Cañas habría recibido una amenaza de muerte. El 16 de mayo, el Sr. Adolfo Verbel y la Sra. Jakeline Moguera, ambos miembros de MOVICE, habrían sido advertidos por un miembro de la Infantería de Marina de no salir de sus casas debido a una información recibida sobre un posible asesinato. El 19 de mayo la Sra. Ingrid Vergara Chávez, y los Sres. Geney y Franklin Torres, miembros de MOVICE, habrían recibido una amenaza de muerte del grupo autodenominado Fuerza Anti-Guerrilla. El 20 de mayo, la Sra. Candelaria Barrios Acosta, miembro de MOVICE, habría recibido una amenaza de muerte. Entre los días 27 y 30 de abril, personas desconocidas habrían ingresado en la residencia del periodista Gonzalo Guillén y habrían robado información. El Sr. Guillén habría recibido amenazas en su contra en 2007 y 2009. MOVICE fue objeto de comunicaciones anteriores (ver arriba, COL 2/2011). La Corporación Colectivo de Abogados José Alvear Restrepo también fue objeto de comunicaciones anteriores (ver A/HRC/13/22/Add.1, para 519; A/HRC/4/37/Add.1, para 179).

30/05/11 JUA

KGZ 3/2011

Kyrgyzstan

Arbitrary detention; Freedom of religion

Alleged conviction of Jehovah’s Witnesses for crimes they did not commit. According to the information received, Mr. Janibek Nosirov (aged 22) and Mr. Iskender Kambarov (aged 18) were convicted and sentenced by the Kadamjai District Court on 18 May 2011 to seven years imprisonment for possessing two videos produced by the organization Hizb ut-Tahrir. However, Mr. Nosirov and Mr. Kambarov, who are cousins and both members of Jehovah’s Witnesses, claimed that they had never seen or viewed these two videos and that the videos had been left in their apartment by an officer from the State National Security Service. Mr. Kambarov and Mr. Nosirov had been detained at Kadamjai Police Station. Even though they repeatedly asked to have religious literature and raised this issue at the beginning of their trial, the prosecutor called for the move to be rejected and the judge ruled against it. Mr. Kambarov and Mr. Nosirov were the subject of an earlier communication (see above, case no. KGZ 2/2011).

A /H

R C

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118 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

30/05/11 JUA

NGA 2/2011

Nigeria

Arbitrary detention; Torture

Alleged arbitrary detention. According to the information received, Mr. Mallam Aliyu Tasheku was arrested on 20 September 2010 and held in custody for over seven months without being presented before a judge. Mr. Tasheku had reportedly been charged with conspiracy, belonging to a prohibited religious sect and inciting disturbance, suspected of being a member of the Islamic sect Boko Haram. On 28 March 2011, Mr. Tasheku was reportedly granted bail. On 6 April, Chief Magistrate 1 at the Federal Capital Territory High Court in Abuja reportedly requested the Inspector General of Police and two other police officers to abide by the court’s order granting bail. Until 11 May, Mr. Tasheku allegedly remained in police custody. On 26 May, Mr. Tasheku was produced in Federal High Court, Abuja. He was granted bail and released. Upon his release and while leaving the court, he was reportedly re-arrested, without being informed of any reasons for his arrest.

30/05/11 JAL

PAK 5/2011

Pakistan

Freedom of religion; Minority issues

Alleged attacks and harassment against Christians. According to the information received, on 21 March 2011 a church gathering was interrupted at Hurr Camp, Sindh Province, by a few Muslim youth. A violent clash erupted, and around six Muslim men reportedly opened fire, killing Mr. Jamil Sardar and Mr. Younis Masih, who both died on the spot. Mr. Siddiq Masih and Mr. Waseem George received serious injuries. On 13 May, armed Muslim men belonging to an influential Gujjar family reportedly arrived at the home of Mr. Abid Masih, in a village near Sheikhupura. Mr. Masih, his sister Rakhel, an uncle and cousin were allegedly beaten in order to disclose the whereabouts of the Muslim woman identified as Ms. Saleha, and Mr. Sajid who had allegedly eloped. On 2 May, Mr. Babar Masih, a 25 year old man who reportedly suffers from mental illness, was allegedly charged under the blasphemy law, with his relatives forced to flee their homes. On 30 April, Aziz colony, a predominantly Christian colony in Gujranwala, was reportedly attacked in the wake of blasphemy rumors. On 27 April, Mr. Sarfraz Ashraf, son of pastor Ashraf, was reportedly shot dead by members of the Islamic organization Tehreeke-Gazi Bin Shaheed, for not paying Jizya (Islamic tax). On 5 April, Mr. Arif Masih, a 40 year old man from Faisalabad was reportedly arrested and detained on the charges of having desecrated the Qur’an. On 15 March, Mr. Qamar David was reportedly found dead in a prison in Karachi. Mr. David had been convicted of blasphemy on 24 May 2006, reportedly on weak grounds, and sentenced to life imprisonment. Reportedly, seven Christians had been accused of blasphemy since the assassination of Mr. Shahbaz Bhatti, the Minister for Minority Affairs, on 2 March.

30/05/11

A /H

R C

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119

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

31/05/11 JAL

BLR 6/2011

Belarus

Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders

Alleged arrest and detention of human rights defenders. According to the information received, on 17 May 2011 a number of local LGBTI groups gathered peacefully in Minsk with a view to commemorating the International Day of Anti-Homophobia. The objective of the peaceful gathering was to promote tolerance and understanding within society regarding LGBTI issues. Police officers allegedly arrived on the scene and began arresting participants. Mr. Sergei Androsenko, director of the Organisation Gay Belarus and one of the main organisers of the event, was reportedly among fourteen human rights defenders arrested. It is reported that the police transported the fourteen detainees to a local police station in Minsk where they were finger-printed and subjected to verbal abuse.

10/06/11

31/05/11 UA

GTM 5/2011

Guatemala

Summary executions

Supuesta masacre de trabajadores agrícolas. Según la información recibida, el 15 de mayo de 2011 serían encontrados 27 cuerpos decapitados de trabajadores agrícolas en la finca denominada “Los Cocos”, ubicada en el municipio La Libertad, Departamento de Petén. Dos sobrevivientes habrían informado que la masacre habría sido perpetrada por un grupo de más de 50 personas fuertemente armadas, quienes habrían llegado el sábado 14 de mayo a la finca y habrían capturado a los trabajadores para interrogarlos sobre el paradero del dueño de la finca. Al no recibir respuesta habrían asesinado uno por uno a los trabajadores capturados. Habrían sido identificadas las siguientes personas fallecidas: Alicia y Rafael Arias López, ambos de 18 años; Emiliano Ramírez Alonso, de 17 años; Elio Adonai Ramírez, de 15 años; Francisco Javier Rodríguez, de 28 años; José Arnulfo Ramírez, de 33 años; José Arnulfo Rodríguez Gómez, de 13 años; Jorge Antonio Rodríguez, de 24 años; Rosa Raquel Alegría Roque, de 22 años; Felipe Cruz Interiano, de 28 años; Irma Ramírez Jordán, de 22 años; Ezequiel García, de 24 años; Moisés Rodríguez, de 28 años; Maribel Mantar Gómez, de 40 años; y Fernando, Sergio Alexis y Walter Bailey Quizar, de 44, 25 y 21 años respectivamente. El Gobierno señalaría que la masacre pudiera haber sido perpetrada por el cártel de droga mexicano denominado “Los Zetas”.

A /H

R C

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120 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

31/05/11 JUA

MAR 2/2011

Morocco

Disappearances; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;

Allégation de mauvais traitements et d’arrestations dans le cadre des protestations. Selon les informations reçues, le 15 mai 2011, de nombreuses personnes, y compris des membres d’organisations de droits de l’homme et d’associations de familles de disparus se seraient réunies près du centre de la Direction de la surveillance du territoire (DST) à Temara pour dénoncer l’existence du centre de détention de Temara qui serait, selon des organisations locales et internationales, utilisé depuis plusieurs années comme lieu de détention secrète. Cette manifestation aurait été violemment dispersée par des policiers armés de bâtons et de matraques. Plusieurs personnes auraient été blessées, et d'autres auraient été arrêtées. Le 22 mai, de nombreuses manifestations, présentées comme pacifiques, auraient eu lieu de manière simultanée dans plusieurs villes, notamment à Casablanca, Fès, Rabat et Tétouan. Ces manifestations, qui exigeaient la fin alléguée de la corruption et une justice sociale, se seraient déroulées à l’appel du Mouvement du 20 Février-Maroc. Dans toutes les villes, les forces de l’ordre auraient dispersé violemment les manifestations et auraient empêché les manifestants de rallier les lieux de rassemblement. Elles auraient également poursuivi et frappé plusieurs manifestants à l’aide de matraque ou en leur donnant des coups de pieds. Plusieurs manifestants auraient également été arrêtés et transférés aux postes de police. A Fès, M. Nabil Talha, un étudiant de 21 ans, aurait été arrêté par les forces de l’ordre au Centre hospitalier universitaire Hassan II où il recevait des soins pour des blessures qu’il aurait subies. M. Talha serait toujours détenu.

29/07/11

31/05/11 JAL

MDA 3/2011

Republic of Moldova

Freedom of expression; Human rights defenders

Alleged ban to broadcast a documentary film on LGBT rights. According to the information received, on 17 May 2011, the Chisinau Appeals Court, following an appeal filed by the Moldovan Orthodox Church, banned the airing by the state broadcaster Moldova 1 of the documentary film entitled “Human Rights on Screen: The Rights of Sexual Minorities”. Reportedly, conservative forces had earlier set the state broadcaster Moldova 1 under pressure not to show the documentary, forcing a repeated hearing on the matter by Moldova 1’s Observatory Council. The Observatory Council reportedly ruled that, according to the Audio Visual Code, the state television is obliged to present “a plurality of views” and therefore it would show the film in question, thus upholding its own decision on the same matter of 22 December 2010.

11/07/11

A /H

R C

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121

B. Replies received between 1 February 2011 and 31 July 2011 relating to communications sent before 1 December 2010

13. The table below lists, in chronological order, communications dating before 1 of December 2010 to which a reply or an additional reply has been received in the period between 1 February 2011 and 31 July 2011. Copies of the full text of the communications sent and the reply received during the reporting period can be accessed from the electronic version of this report available on the the OHCHR website. Some names of individuals or other information haves been rendered anonymous or otherwise unidentifiable.

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

06/08/04 AL

MDA 3/2004

Republic of Moldova

Torture Alleged torture of a 14 year-old boy. According to the information received, on 16 July 2003, X, a 14 year-old boy was alone at home with his brother. Two policemen reportedly came to the house and took X to the Cojusna Police Station where he was interrogated in the absence of his parents. The police accused him of having stolen money and valuables from a house in the village. They asked X to sign a confession and threatened to kill him if he did not. X denied the accusations and refused to sign. A police officer allegedly beat him with a rubber stick, demanding that he sign the confession. When X was released, his mother took him to the "Ignatenco" Children's Hospital in Chisinau, where he was hospitalized for over one week. X's mother informed the Prosecutor's Office of the incident, but was told that the policemen's behaviour was legal and that the allegation of torture was untrue.

20/06/11

15/11/04 AL

MDA 6/2004

Republic of Moldova

Torture Alleged attacks in prison. According to the information received, in 2002 Pavel and Vitaliy Levinec were sentenced to 20 years’ imprisonment and sent to penal colony 29.4. The Penitentiary Department of the Ministry of Justice reportedly warned them that their assassination was planned by a group of prisoners. On 19 April 2003, 100 prisoners reportedly penetrated the premises where the brothers were held and severely beat them up. Allegedly, the prison administration facilitated the attack by leaving the doors between the “zones” of the prison unguarded. Reportedly, no guards were present. On 12 June the brothers were transferred to colony 29.15. On 6 September a large number of convicts again reportedly attacked the brothers, resulting in serious injuries to them. Again the personnel did not intervene. Reportedly, in either incident, no steps had been taken to identify and punish the perpetrators.

20/06/11

A /H

R C

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122 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

24/08/05 AL

IND 16/2005

India

Summary executions

Allegation that the Armed Forces (Special Powers) Act facilitates impunity. According to the information received, the Armed Forces (Special Powers) Act, 1958 (AFSPA), is applicable in “disturbed areas”, including large parts of the Northeast region of India as well as in Jammu and Kashmir, where a variant of the Act was reportedly brought into force in 1990. The AFSPA reportedly empowers security forces not only to arrest and enter property without warrant but also gives them power to shoot to kill in circumstances where members of the security forces are not necessarily at imminent risk. Allegedly, the Act facilitates impunity by preventing any person from starting legal action against any members of the armed forces for anything done under the Act, or purported to be done under the Act, without permission of the Central Government. A summary of this case was published in 2006 (see E/CN.4/2006/53/Add.1, page 75).

31/07/09 27/01/11

08/02/11

19/05/06 JUA

MDV 3/2006

Maldives

Arbitrary Detention; Human Rights Defenders

Alleged detention of journalists. According to the information received, masked men had been following Ms. Aminath Najeeb, editor of the newspaper Minivan and human rights defender. On 16 May 2006 an unknown individual reportedly attempted to push her off her motorcycle in Male. On the same day, Ms Najeeb was summoned to appear before the criminal court. Reportedly, the charge against her was “disobeying an order”, but the summons did not specify which order she had disobeyed. The next day, the Administrator of the Criminal Court informed Ms Najeeb that her trial would be postponed but that the charge against her continued. Mr. Nazim Sattar, a sub editor with Minivan, had also been charged with disobeying an order. Mr. Abdulla Saeed (Fahala), Mr. Mohamed Yooshau, Mr. Imran Zahir and Mr. Ibrahim Manik, journalists with Minivan, had reportedly also been held in detention. Ms. Aminath Najeeb, Mr. Saeed, Mr. Zahir and Mr. Sattar were subjects of an earlier communication (see E/CN.4/2006/95/Add.1, para 318).

01/09/10 05/06/11

19/07/06 JUA

MDA 3/2006

Republic of Moldova

Human Rights Defenders; Independence of justice; Torture

Alleged acts of intimidation against lawyers. According to the information received, Ms. Ana Ursachi and Mr. Roman Zadoinov had been respectively the lawyers of Mr. Kolibaba and Mr. Gurgurov, who alleged having been tortured by the police during detention. On 26 June 2006, the General Prosecutor reportedly wrote a letter to the National Bar Association accusing Ms. Ursachi and Mr. Zadoinov of misuse of position, meaning that they could face a maximum prison sentence of five years or a fine. The General Prosecutor allegedly asked the Bar Association to ensure that they use all possible means at their disposal to prevent further damage to the interests of the state. On 28 June 2006, both lawyers were allegedly informed that they faced criminal prosecutions for spreading false information about human rights violations in Moldova.

20/06/11

A /H

R C

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123

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

13/03/07 JUA

DJI 1/2007

Djibouti

Freedom of expression; Human rights defenders

Allégation d’arrestation et détention liées aux activités de défense des droits de l’homme. Selon les informations reçues, le 9 mars 2007 M. Jean-Paul Noël Abdi, président de la Ligue djiboutienne des droits humains (LDDH), aurait été arrêté par des policiers de la brigade criminelle, puis aurait été emmené dans les locaux de la brigade criminelle. Il aurait été officiellement placé en garde à vue sans qu’aucun motif ne lui soit notifié. Le 10 mars, M. Abdi aurait été emmené à la prison de Gabode. Le 11 mars, le président de la Chambre des flagrants délits du Tribunal de première instance de Djibouti aurait décidé la mise en liberté provisoire de M. Abdi et aurait ordonné au Parquet de procéder à une enquête. Son cas aurait été mis au rôle du Tribunal pour le 18 mars 2007.

23/03/07

09/04/11

28/01/09 JUA

ECU 2/2009

Ecuador

Freedom of expression; Human rights defenders

Supuestas amenazas contra defensores de derechos humanos. Según las informaciones recibidas, el 15 de enero de 2009, dos personas y sus familias - miembros de la Asociación de Personas en Condición de Refugio en el Ecuador (ASOREC), que proporcionaban alojamiento a un cliente de Asesoría y Servicios Legales para Refugiados (ASELER) habrían hallado una carta de amenaza firmada por el Comando Central de las Águilas Negras de Colombia, un grupo armado. El 14 de enero, la ASOREC habría recibido otra carta de amenaza firmada por el mismo grupo. El 9 de enero habría sido entregada en las oficinas de ASELER una carta firmada por el Secretariado del Estado Mayor Central de las Fuerzas Armadas Revolucionarias de Colombia, Ejército del Pueblo (FARC-EP) conteniendo una lista de 11 refugiados colombianos en Ecuador, cinco de los cuales habrían sido clientes de ASELER, señalándolos como objetivos militares.

07/07/11

09/04/09 JAL

DJI 1/2009

Djibouti

Freedom of expression; Human rights defenders

Allégation d’arrestation liée aux activités de défense des droits de l’homme. Selon les informations reçues, le 4 avril 2009, M. Jean-Paul Noël Abdi, président de la Ligue djiboutienne des droits humains (LDDH), aurait été arrêté par des éléments du Service de recherche et de documentation de la gendarmerie nationale. Ceux-ci lui auraient signifié, en ne produisant aucun mandat d’arrêt, que cette arrestation était motivée par des « injures publiques à l’autorité judiciaire ». M. Abdi aurait ensuite été conduit à la Brigade Nord de la gendarmerie avant d’être placé en garde à vue. Le 5 avril, il aurait été déféré devant le parquet en comparution immédiate et entendu par le substitut du procureur. Il aurait ensuite été interrogé par le juge d’instruction, devant lequel il aurait nié toute injure à l’encontre de l’autorité judiciaire, avant d’être libéré. Selon les termes de la décision de l’instruction, il serait placé sous contrôle judiciaire. M. Abdi a été le sujet d’une communication antérieure (voir ci-dessus, DJI 1/2007).

09/04/11

A /H

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124 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

04/05/09 JUA

ECU 4/2009

Ecuador

Freedom of expression; Human rights defenders; Violence against women

Supuestos ataques contra defensoras de derechos humanos. Según la información recibida, el 22 de abril de 2009 cuatro personas conocidas de la Sra. Rosa Etelvina Misacango Chuñir, integrante del Frente de Mujeres Defensoras de la Pachamama, habrían venido a su casa ubicada en el Barrio 13 de Abril del centro parroquial de Molleturo. La Sra. Misacango Chuñir habría sido agredida físicamente, junto con su hijo, en presencia de sus dos nietos. El Frente de Mujeres Defensoras de la Pachamama se ocupa de los problemas que enfrentan las mujeres como resultado de los proyectos mineros, y se alega que los agresores estaban a la espera de recibir trabajo en la minería. Asimismo, el 25 de diciembre de 2008, la Sra. Gloria Livia Jiménez Berrezueta, otra integrante del Frente de Mujeres Defensoras de la Pachamama, habría sido atacada en la parroquia Victoria del Portete. Sus agresores no habrían sido procesados o condenados.

16/05/11

15/05/09 JAL

MEX 10/2009

Mexico

Freedom of expression; Human rights defenders

Supuesto asesinato de abogado y periodista. Según la información recibida, el 3 de mayo de 2009, el Sr. Carlos Ortega Samper, abogado y periodista, habría sido asesinado mientras conducía hacia su casa ubicada en Santa María El Oro, en el Estado de Durango. Según se informa, dos camionetas interceptaron al Sr. Ortega Samper y después de una discusión acalorada, cuatro individuos no identificados le habrían dado tres balazos en la cabeza con una pistola. El 2 de mayo, el Sr. Ortega habría publicado un artículo en el que habría alegado que tres funcionarios del gobierno local le habrían amenazado.

02/03/11

11/11/09 JAL

THA 10/2009

Thailand

Migrants; Racism

Alleged exploitation of and systematic discrimination against migrant workers from Myanmar. According to the information received, there are approximately two to four million migrant workers in Thailand, many of whom are from Myanmar and who entered Thailand without proper documentation. On 21 June 2003, the Governments of Thailand and Myanmar reportedly established a nationality verification scheme in order to enable irregular migrants from Myanmar to register and obtain legal status in Thailand, and to have access to the same wage and other labour benefits as Thai workers. The scheme reportedly caused significant confusion in migrant communities. Allegedly, migrant communities from Myanmar had not been provided with sufficient information about the process, especially in their native languages. Furthermore, migrant workers in Thailand are reportedly often exploited by their employers and deprived of access to mechanisms for the protection of labour rights. Migrant workers from Myanmar are reportedly denied access to the Social Security Office Workmen’s Compensation Fund in the event of workplace accidents.

05/07/11

A /H

R C

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125

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

22/12/09 AL

GTM 16/2009

Guatemala

Indigenous peoples

La situación de los derechos humanos de las comunidades afectadas por la mina Marlin, en las municipalidades de San Miguel Ixtahuacán y Sipacapa, Departamento de San Marcos. Según la información recibida, el Gobierno habría otorgado una concesión a la empresa canadiense Montana Exploradora, S.A. (subsidiaria de la transnacional canadiense Goldcorp) para extraer y explotar oro y plata. El proyecto, llamada el proyecto mina Marlin, ocupa las municipales de San Miguel Ixtahuacán y Sipakapa, ocupados por pueblos mam y sipacapense. El Gobierno no habría consultado con la población antes de otorgar la concesión. Se alega que las actividades mineras en la zona han creado conflictos dentro de las comunidades afectadas, y que han resultado en efectos negativos sobre el medioambiente. Con la cooperación del Gobierno de Guatemala, el Relator Especial realizó una visita oficial al país para investigar estas alegaciones en junio de 2010. Véase el informe del Relator Especial sobre este caso (A/HRC/18/35.Add.3).

16/02/11

02/05/11

06/06/11

07/01/10 JUA

TUR 6/2009

Turkey

Disappearances; Freedom of expression; Human rights defenders; Terrorism

Alleged arrest of human rights defenders. According to the information received, on 24 December 2009 Mr. Muharrem Erbey, lawyer and General Vice-Chairperson of the Human Rights Association (Insan Haklari Dernegi – IHD), was arrested along with several Kurdish opposition members, journalists and civil society activists. The premises of the IHD in Diyarbakir were allegedly raided by the police, and computers and documents including archives on cases of enforced disappearance and torture were confiscated. Mr. Erbey was remanded in custody in the Diyarbakir D Type Prison. On 26 December 2009, he was allegedly charged with “being a member of an illegal organization”. The arrest and the charges against Mr. Erbey may allegedly be linked to his work on the rights of the Kurdish minority.

18/03/11

02/02/10 JAL

THA 1/2010

Thailand

Migrants; Racism

Alleged negative effects of the nationality verification process on the human rights of migrant workers from Myanmar. An earlier communication relating to this issue was sent on 10 November 2009 (see above, case no THA 10/2009). According to the new information received, on 19 January 2010 the cabinet extended the nationality verification process and the temporary amnesty of permission to stay in the country by two years. For migrants to benefit from the extension, they would need to submit their nationality verification forms by 28 February 2010 and also renew their work permits by that time to be able to stay in the country. The Government would give permission for this group of workers to work temporarily in Thailand, but only on the condition that every worker must complete the nationality verification process before 28 February 2012. Migrant workers from Myanmar would need to return to their country to complete the nationality verification process, and for many, this had created anxiety amid fears of harassment and extortion by Myanmar officials.

05/07/11

A /H

R C

/18/51

126 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

03/02/10 AL

IND 4/2010

India

Torture Alleged violence against children in schools, including one case resulting in death. According to the information received, on 5 November 2009, X, son of Mr. Y, was at school, Pandit Ram Chandra Mishra Inter College in Vidhyachal, when the Principal, Mr. Z, severely beat him, causing a fracture in his shoulder and ribs. X was treated at a community health centre, and on 11 November, he was taken to the Mirzapur District Hospital for further treatment. He died that night at his home. A First Instance Report was filed against Mr. Z. Other children have reportedly also been subjected to corporal punishment at school. On 11 September, A and B, students at Marwadi Seva Sangh Siksha Niketan, Varanasi, were allegedly forced to stand naked in the sun for over three hours. Their teacher was suspended, but no action was taken against the school. On 31 October, C, a student at Sacred Heart Christian School, Urai, was reportedly beaten and her hair was pulled out after she failed to complete her homework due to illness.

05/02/10

06/12/10 17/05/11

22/03/10 JUA

IRN 9/2010

Iran (Islamic Republic of)

Freedom of expression; Independence of judges and lawyers; Torture

Alleged arrest and beating of journalist. According to the information received, Mr. Heshmatollah Tabarzadi, journalist and leader of the Democratic Front of Iran, was arrested on 27 December 2009 in Tehran by intelligence officers from the Revolutionary Guard. Upon arrest, his computer, phone book, photo albums, video tapes, fax and mobiles phone were confiscated. It is believed that Mr. Tabarzadi’s arrest may be a result of an article critical of the Government, which was published on 17 December in a United States-based newspaper. Mr. Tabarzadi had been accused of “insulting the Supreme Leader”, “insulting the Islamic Republic” and “acting against national security”. He had not had access to a lawyer. During his interrogation by intelligence officers, Mr. Tabarzadi was allegedly blindfolded, beaten and threatened with the death penalty.

09/02/11

23/03/10 UA

CHN 6/2010

China

Torture Alleged detention in unknown location. Mr. Gao Zhisheng, a human rights lawyer, was the subject of earlier communications (see A/HRC/13/22/Add.1, para 310). According to the information received, Mr. Gao Zhisheng was taken away from his home on 4 February 2009, and had been held at an unknown location since then. On 1 April 2009, the Chinese government indicated that Mr. Zhisheng was serving his probationary term in Beijing. In February 2010, however, the Chinese Embassy in the United States of America indicated that Mr. Zhisheng was working in Urumqi and had regular access to his family. However, his wife had indicated that she had not been able to contact him.

24/02/11

A /H

R C

/18/51

127

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

01/04/10 JUA

IRN 10/2010

Iran (Islamic Republic of)

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arrest and detention of a journalist. According to the information received, Mr. Isa Saharkhiz, journalist and human rights activist, was detained at home by eight plainclothes officers on July 4, 2009. Reportedly, no arrest warrant was presented to him, nor was he informed of the reasons for his arrest. He was taken to an unknown location, where he was reportedly tortured and suffered from broken ribs as a result. Although his family and his lawyer tried to obtain information about his place of detention, the Iranian authorities reportedly failed to provide this information for a considerable time. He was reportedly held incommunicado and in solitary confinement for the first 62 days of his detention. Before his arrest, on 20 June 2009, his family home in Tehran had reportedly been raided, and his computer and campaign materials supporting the opposition presidential candidate Mehdi Karroubi were confiscated.

07/10/10,

21/06/11

16/04/10 JAL

THA 3/2010

Thailand

Freedom of expression; Summary executions

Alleged blocking of websites and excessive use of force. According to information received, on 7 April 2010 Prime Minister Abhisit Vejjajiva declared a state of emergency in Bangkok and nearby provinces amid escalating anti-government protests spearheaded by the United Front for Democracy against Dictatorship (UDD). On 8 April, Minister Sathit Wongnongtoey reportedly announced that the Government’s Centre for Public Administration in Emergency Situations had successfully blocked the signals of the People’s Television, operated by the UDD. The online news portal “Prachatai” was also allegedly blocked by order of Deputy Prime Minister Suthep Thaugsuban. In addition, 35 other websites supportive of the UDD were reportedly shut down. During clashes on 10 April, live ammunition was allegedly used by security forces against the protesters. At least 21 people were killed, including 4 military, 16 civilians, and over 700 persons were injured. Among those killed was a television cameraman with Reuters, Mr. Hiro Muramoto, 43 years old.

19/11/10, 13/05/11

20/04/10 JAL

ISR 6/2010

Israel

Freedom of expression; Human rights defenders; Torture

Alleged arrest and detention of human rights defenders. According to the information received, on 14 March 2010 Mr. Omar Alaaeddin, a Palestinian human rights activist, was beaten and arrested by Israeli soldiers at the Container checkpoint in the West Bank. He was reportedly detained incommunicado in the Israeli Russian Compound jail in Jerusalem and interrogated in relation to his participation in demonstrations in the village of Al Ma'asara and for allegedly having assaulted an Israeli soldier. Mr. Alaaeddin was reportedly beaten and subjected to electro-shocks while in detention. On 21 March, he was brought before a judge who reportedly ordered his release for lack of evidence in relation to the assault of Israeli soldiers. This arrest follows the one of Mr. Mahmoud Zwahre, mayor of Al Ma'asara and a co-organizer of demonstrations there, who was allegedly arrested at the Container checkpoint, beaten and detained by Israeli forces on 2 March.

30/03/11

A /H

R C

/18/51

128 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

23/04/10 JUA

IRN 13/2010

Iran (Islamic Republic of)

Summary executions; Torture

Alleged imminent executions. According to the information received, Mr. Hossein Khezri was arrested on 31 July 2008 in Kermanshah. On 11 July 2009 he was convicted for moharebeh (enmity against God) and endangering state security, and sentenced to death. During his detention, Mr. Khezri was reportedly subjected to torture. On 11 April 2010, he was reportedly transferred from Oromieh Central Prison to an unknown location. Ms. Zeynab Jalalian was reportedly arrested in the spring of 2008 and held in a Ministry of Intelligence detention facility. In January 2009, she was convicted by the Kermanshah Revolutionary Court for “enmity against God” and was sentenced to death. The sentence was confirmed by the Supreme Court on 26 November 2009. In March 2010, Ms. Jalalian was to Section 209 of Evin Prison, possibly in preparation for her execution. Mr. Khezri and Ms. Jalalian were subjects of an earlier communication (see A/HRC/14/24/Add.1, page 141).

18/03/11

27/04/10 UA

GBR 4/2010

United Kingdom of Great Britain and Northern Ireland

Torture Alleged risk of ill-treatment in relation to possible extradition. According to the information received, Mr. X., an Algerian national, had openly supported the opposition party running for the 2004 presidential elections. He arrived in the U.K. in 2003. On 27 February 2007, he was arrested on charges of money-laundering. On the same day he claimed asylum in the U.K. arguing fear of persecution due to his political opinions. On 22 March 2007, Mr. X. was allegedly sentenced in absentia to life imprisonment by the Criminal Court of Y. in Algeria. In November 2007, the Algerian Government produced the extradition request before U.K. authorities. Mr. X. had reportedly received a number of death threats. In June 2009, the City of Westminister Magistrates’ Court considered Mr.X.’s extradition case and determined that were he to be extradited to Algeria he would face a real risk of being ill-treated. Notwithstanding this, the court indicated it would be satisfied by the diplomatic assurances provided by Algeria. On 5 March 2010, the U.K. Border Agency refused Mr. X.’s asylum claim. On 23 March, Mr. X. lodged an appeal. On 25 March, he was notified that although his asylum appeal was pending, the Secretary of State would be considering that his case be heard by the Special Immigration Appeals Commission (SIAC). The SIAC deals with appeals against decisions made by the Home Office to deport, or exclude, someone from the U.K. on national security grounds, or for other public interest reasons.

31/03/11

A /H

R C

/18/51

129

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

28/04/10 JUA

SAU 4/2010

Saudi Arabia

Freedom of expression; Human rights defenders

Alleged restrictions on freedom of movement and acts of intimidation against human rights defender. According to the information received, in March 2009 Mr. Mohammed Saleh El-Bejadi, supervisor of the website “Monitor of Human Rights in Saudi Arabia-Al- Marsad” and co-founder of the Saudi Civil & Political Rights Association, was summoned to the Intelligence Police Department and interrogated about his involvement in internet reports and protest activities. A travel ban was allegedly issued against him on 23 July 2009. On 2 March 2010, Mr. El-Bejadi’s passport was allegedly confiscated at the passport checkpoint at King Khalid airport in Riyad. Mr. El-Bejadi argued that the travel ban issued against him in 2009 had been lifted, but was allegedly told that the ban was reinstated according to an order by the security affairs at the Ministry of Interior. Furthermore, since 2009, Mr. El-Bejadi and members of his family had allegedly been threatened by phone calls and messages.

10/03/11

10/06/10 AL

IND 7/2010

India

Adequate housing

Alleged evictions and demolitions of informal settlements and slums in New Delhi.

According to the information received, New Delhi witnessed evictions and demolitions of informal settlements and slums in the run-up to the Commonwealth Games that took place from 3-14 October 2010 in the capital city. Most of these evictions were apparently carried out to construct roads, bridges, stadiums and parking lots, or to beautify the city. In addition, beggars and homeless persons were allegedly rounded up, arrested and arbitrarily detained under the Bombay Prevention of Beggary Act 1959 in preparation for the Games.

01/07/11

11/06/10 JUA

KGZ 2/2010

Kyrgyzstan

Health; Torture Alleged solitary confinement and lack of appropriate medical treatment. According to the information received, on 12 April 2010 members of the National Security Service arrested Mr. Vugar Khalilov, a U.K. citizen, and took him to their headquarters in Bishkek. Since then, he had been reportedly held in solitary confinement. Mr. Khalilov had worked as a journalist before starting his own public relations firm, Flexi Communications, in the Kyrgyz Republic. Mr. Khalilov’s health had reportedly deteriorated since his detention and he had been suffering from severe spinal hernia, which could paralyze him if not treated urgently. In early May, a medical report stating the urgent need for treatment and comprehensive medical examination was allegedly submitted to the City Prosecutor of Bishkek and presented to the Government, but reportedly no action had been taken.

04/03/11

A /H

R C

/18/51

130 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

24/06/10 JUA

IRN 17/2010

Iran (Islamic Republic of)

Summary executions; Torture; Violence against women

Alleged imminent execution. According to the information received, Ms Mohammadi- Ashtiani was initially sentenced on 15 May 2006 by a court in the city if Osku in the North West Iranian province of East Azerbaijan for the crime of having “illicit relations” with two men. She was sentenced to 99 lashes. On 10 September 2006, a second charge relating to the same offence was brought against Ms Mohammadi-Ashtiani and she was charged with the offence of adultery before the Sixth Branch of the Penal Court of East Azerbaijan Province. Ms Mohammadi-Ashtiani denied the charge, and allegedly, no relevant evidence was admitted against her. She was subsequently sentenced to death by stoning.

28/03/11

06/07/10 AL

THA 4/2010

Thailand

Summary executions

Alleged killings during clashes between the security forces and anti-government protesters. According to the information received, a series of violent clashes occurred between 13 and 19 May 2010. The Army reportedly launched “Operation Ratchaprasong” in which it sought to seal off the main protest site. Reportedly, the Army used excessive force which resulted in the deaths of least 35 unarmed people. On 13 May, Major General Khattiya Sawasdipol, a suspended army specialist who was acting as military adviser for the protesters, was allegedly shot in the head while talking to international media. He died on 17 May. Two doctors who were wearing white medical uniforms with a red cross, were reportedly shot and killed; and a 17 year-old boy was shot and killed on 15 May. Reportedly, on 19 May the army used excessive force against unarmed persons who had sought refuge in Wat Pathum Wanaram, a temple near the protest site.

19/11/10, 13/05/11

12/07/10 AL

KGZ 4/2010

Kyrgyzstan

Freedom of religion

Alleged threats and attacks against Jehovah’s Witnesses. According to the information received, on 10 May 2010 a mob threw stones at the Kingdom Hall of Jehovah’s Witnesses in Toktogul, and threatened to kill the Jehovah’s Witnesses who were present if they did not leave Toktogul by 13 May. On 13 May, at 8:00 p.m., a mob reportedly forced their way into the Kingdom Hall and seized and burned all Bible literature of the Jehovah’s Witnesses. At 11:30 p.m. on 13 May 2010, a mob allegedly went to the home of Jehovah’s Witnesses Mr. Turcunbek Abdiev (age 72) and Ms. Mairam Ozubikova (age 61) and threw stones at their house, injuring Ms. Ozubikova. Their son-in-law Mr. Moses Chiltenbek (age 34) and their sons Mr. Talant Abdiev (age 42), Mr. Samat Abdiev (age 31) and Mr. Nazim Abdiev (age 23) arrived at their parents’ home. The mob reportedly seized the four men and beat them, and threatened to kill Mr. Talant Abdiev. On 14 May, the mob reportedly went to the home of Mr. Talant Boobekov, also a member of Jehovah’s Witnesses, forced their way into his home and stole his personal belongings. Reportedly, none of the assailants had been charged.

29/07/11

A /H

R C

/18/51

131

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

20/07/10 JUA

KGZ 5/2010

Kyrgyzstan

Arbitrary detention; Independence of judges and lawyers; Racism; Torture

Alleged detentions and torture and ill-treatment of ethnic Uzbeks. According to the information received, since the violence erupted in June 2010 in the south of the Kyrgyz Republic, a large number of detentions had taken place in the context of daily raids in Uzbek neighborhoods, without arrest warrants, and usually carried out by military and police officers. Most families had not been informed of where their relatives were taken upon arrest, leaving them without news of their whereabouts for hours or even days. Once detained, the victims were reportedly taken either to police stations or to detention centres, including the Osh City Police Department, Osh Province Police Department, local police precincts and the National Security Service, where they were reportedly subjected to torture and ill-treatment. On 11 July, one man died following his release, reportedly as a result of the ill-treatment received during his detention.

02/11/10 14/07/11

26/07/10 JUA

VEN 8/2010

Venezuela (Bolivarian Republic of)

Health; Torture Supuestas amenazas y ataques en un centro penitenciario. Según las informaciones recibidas, la Jueza María Lourdes Afuini se encontraría detenida en el Instituto Nacional de Orientación Femenina desde el 18 de diciembre de 2009 en espera de ser juzgada, y su estado de salud de se habría deteriorado considerablemente durante los últimos meses. Según informes médicos esto se debería tanto al estado de ansiedad permanente por las constantes amenazas y ataques de los que habría sido víctima desde su ingreso en el mencionado centro penitenciario, como a las condiciones de detención que estaría soportando. Debido a las repetidas amenazas y ataques, desde su ingreso en el centro penitenciario, la Jueza Afuini se encontraría confinada en una celda del pabellón de admisión del centro penitenciario aislada las 24 horas del día sin poder salir a caminar, sin tener acceso a la luz del sol y sin poder asistir al servicio religioso ofrecido por el centro. La Sra. María Lourdes Afiuni fue objeto de comunicaciones anteriores, ver A/HRC/16/44/Add.1 para 2467.

01/07/11

17/08/10 JAL

MDA 5/2010

Republic of Moldova

Freedom of religion; Torture

Alleged intimidation and assault of a member of the Church of Evangelical Christians of Baptists. According to the information received, Mr. Grigori Djoltaili, a member of the Church of Evangelical Christians of Baptists in Tvarditsa village, Taraclia County, was intimidated and physically assaulted by members of the majority Orthodox community in his village. On 12 July 2010, Mr. Djoltaili was approached by a person who used degrading terms and threatened to beat Mr. Djoltaili. On 15 July 2010, when Mr. Djoltaili left an Internet café, some persons reportedly followed him and threatened to beat him intensely and throw him into the local canal. On 20 July 2010, Mr. Djoltaili submitted a complaint to the prosecutor in Taraclia town. Following this complaint, the threats and attacks against him reportedly increased.

12/10/10

08/02/11

A /H

R C

/18/51

132 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

18/08/10 JUA

IND 14/2010

India

Arbitrary detention; Freedom of expression; Human rights defenders

Alleged arrest and detention of human rights defenders. According to the information received, Ms. Bharathi Pillai, Ms. Niharga Priya, Ms. Sudha, Mr. Gnana Diraviam, and Mr. Anandan participated in a human rights training course organized by the non-governmental organizations the Dalit Foundation (DF) and People's Watch (PW), from 11 to 20 August 2010, in Nagamalai Puthukottai. As part of their fieldwork exercise, they went to the Veeravanallur Police Station, in Tirunelveli District of Tamil Nadu, to gather information in relation to allegations of torture of a Dalit youth by police officers at the station. As a result, they were questioned and kept in the police station, and subsequently transferred to the house of the Judicial Magistrate in the nearby town of Cheranmahadevi. Mr. Henri Tiphagne, Executive Director of PW-India, Member of the Executive Committee of the Asian Forum for Human Rights and Development (FORUM-ASIA), and a member of the Asian NGOs Network on National Human Rights Institutions, was reportedly referred to as an “absconding accused”, although no charges had been filed against him, nor was he present at the police station at the time of the arrest of the five defenders.

29/06/11

19/08/10 AL

SAU 7/2010

Saudi Arabia

Migrants Alleged widespread exploitation of migrant workers. According to the information received, there is a pattern of widespread exploitation of migrant workers in Saudi Arabia, including non-payment of wages and confiscation of passports, thereby restricting the workers’ freedom of movement, access to medical care, and their right to effective remedies. Reports suggest that the sponsorship (“kafala”) system, which ties migrant workers’ residency permits to their employers, is one of the root causes of such abuses. In addition, the Labour Courts are allegedly slow and cumbersome, which makes it difficult for migrants with limited resources to obtain effective remedies.

16/03/11

27/08/10 JUA

IRN 24/2010

Iran (Islamic Republic of)

Freedom of expression; Human rights defenders; Torture

Alleged detention on charges of enmity against God. According to the information received, since 20 December 2009 Ms. Shiva Nazar-Ahari, member of the Committee of Human Rights Reporters (CHRR), had been detained and charged with moharebeh (enmity against God), as well as with “assembly and collusion to commit a crime” and “propaganda against the Regime”. Ms. Nazar-Ahari and her organization had reportedly been accused of contacting the People's Mojahedin Organization of Iran. Ms. Nazar-Ahari had been tried in Branch 26 of the Revolutionary Court in Tehran. She had reportedly been held in solitary confinement in a cage-like cell which prevented her from moving her arms and legs. Ms. Nazar-Ahari was the subject of earlier communications (see A/HRC/16/44/Add.1, para 1200; and A/HRC/13/22/Add.1, para 1102).

09/02/11

A /H

R C

/18/51

133

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

08/09/10 JAL

THA 6/2010

Thailand

Migrants; Racism; Torture

Alleged negative impact of the nationality verification process on the human rights of migrants. According to the information received, approximately 300,000 reported migrant workers failed to enter the nationality verification (NV) process by the extended deadline of 31 March 2010, and an estimated 1 million unregistered migrant workers were ineligible for the NV process. These migrant workers are deemed as migrants with irregular status and particularly vulnerable to arbitrary arrest, violence, abuse, discrimination and exploitation by the police, military and immigration officers. Reportedly, Maung Kyi, an irregular migrant worker from Myanmar who was arrested on 5 August 2008, was severely beaten by the police officers. On 8 March 2010, two young sisters from Myanmar, Nyo Nyo San, 20 years old, and Myint Myint San, 12 years old, reportedly drowned while trying to escape a police raid of their living quarters near Klong Cork Mu. This pattern of arbitrary arrest, violence, abuse and exploitation of migrants had reportedly been exacerbated by the Prime Minister’s order of 2 June 2010 issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No.125/1223). The NV process was the subject of earlier communications (see above, case no. THA 10/2009 and THA 1/2010).

05/07/11

14/09/10 AL

ARG 7/2010

Argentina

Summary executions

Uso excesivo de la fuerza por parte de la policía. Según las informaciones recibidas, el 17 de junio de 2010, personal policial de la Ciudad de San Carlos de Bariloche habrían intentado detener a cuatro jóvenes que, según la versión policial, habrían sido advertidos en actitud sospechosa. La muerte de Diego Alejandro Bonefoi, de quince años de edad, se habría producido como consecuencia de un impacto de bala en la cabeza, efectuado por detrás. A raíz de la muerte de Diego A. Bonefoi, los vecinos del lugar habrían iniciado una manifestación popular con movilización desde las afueras de la ciudad hacia la dependencia policial supuestamente involucrada. Ante dicha movilización, la respuesta policial habría sido una violenta represión por parte de personal común de la Policía de Río Negro y del grupo especial B.O.R.A (Brigada de Operaciones, Rescate y Antitumulto). Como consecuencia de la respuesta policial, habrían muerto los Sres. Nicolás Carrasco, menor de edad, y Sergio Cardenas.

01/07/11

21/09/10 JAL

IND 16/2010

India

Health; Torture Alleged lack of access to palliative care and pain treatment. According to the information received, more than half of India’s Regional Cancer Centres do not offer any palliative care for pain management. It is estimated that more than one million people suffer from moderate to severe pain due to advanced cancer, and only a few receive proper treatment. The same reportedly occurs for people with HIV/AIDS, paraplegics, patients with advanced renal diseases and others who require palliative care. Additionally, many of the Regional Cancer Centres do not have health workers who are trained in palliative care.

18/05/11

A /H

R C

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134 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

22/09/10 JUA

CHN 24/2010

China

Freedom of expression; Health; Human rights defenders

Alleged detention of HIV/AIDS activist. According to the information received, Mr. Tian Xi, a 23-year-old from Henan Province was infected with HIV by a blood transfusion. He reportedly petitioned the hospital and local government for compensation. Henan authorities have reportedly detained individuals trying to draw attention to the issue of compensation for HIV transmission through contaminated blood. Mr. Tian Xi worked for several years at Aizhixing Health Education Institute, a non-governmental AIDS organization. In spring 2010, Mr. Wan Yanhai, the founder and director of Aizhixing, reportedly relocated his family to the United States, alleging government harassment. On 5 August 2010, Mr. Tian Xi reportedly visited Xincai Number One People’s Hospital about obtaining HIV medication, as he did not bring a sufficient quantity with him to Henan. The hospital director allegedly told Mr. Tian Xi that he did not possess the authority to provide the required medication. Mr. Tian Xi was upset by this response and allegedly broke some tea cups. On 18 August, the Xincai County Police allegedly issued an order for Mr. Tian Xi’s detention on “suspicion of intentional destruction of property,” apparently for the broken tea cups.

16/02/11

22/09/10 UA

MDA 6/2010

Republic of Moldova

Torture Alleged ill-treatment of detainees. According to the information received, on 13 May 2010 Mr. Jereghi Simion, a detainee at the Cahul Penitentiary No. 5, was subjected to ill-treatment. He tried to file a claim against the officials of the penitentiary No. 5, which was reportedly refused by the Military Prosecutor’s Office. The Court of Cahul reportedly issued a decision requesting the Prosecutor’s Office to initiate a criminal investigation, which was refused by the Prosecutor’s Office. Mr. Simion was reportedly subjected to threats by the Penitentiary staff, and was beaten for filing a complaint. He was allegedly also held in solitary confinement for a long period of time. Furthermore, on 26 August and 3 September 2010, five other detainees, including Mr. Musteata Veaceaslav, Mr. Moroianu Roman, Mr. Ignat Viorel and Mr. Bujor Gheorghe were reportedly ill-treated during their month-long detention in the Penitentiary No. 5.

02/02/11

24/09/10 AL

IND 20/2010

India

Torture Alleged beating by Border Security Force. According to the information received, on 6 August 2010 Mr. Govinda Mondal, aged 35, was farming when three Border Security Force constables from the Char Mou Rashi Border Outpost, E Company, Battalion 52, approached him. They reportedly dragged Mr. Mondal to a nearby house, where they took off his clothes. He was then reportedly beaten until he lost consciousness. Mr. Mondal was taken to the Lalbagh S.D. Hospital, where he was treated until 10 August. On 14 August, he filed a First Instance Report at the Raninagar Police Station. However, no investigation had been initiated.

08/02/11

A /H

R C

/18/51

135

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

24/09/10 JUA

IRN 26/2010

Iran (Islamic Republic of)

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged conviction of human rights defenders. According to the information received, Ms. Shiva Nazar Ahari and Mr. Saeed Ha’eri, members of the Committee of Human Rights Reporters, were arrested on 20 December 2009. On 18 September 2010, Ms. Ahari’s sentence of 74 lashes for “disturbing public order” was commuted to a fine. However, she was reportedly sentenced to three years’ imprisonment for moharebeh (enmity against God), two years for “gathering and colluding to commit a crime” and six months for propaganda against the system”. Mr. Ha’eri was reportedly sentenced to two and a half years’ imprisonment and 74 lashes for “disturbing public order” and “gathering and colluding with intent to harm state security”. Ms. Ahari and Mr. Ha'eri were the subject of earlier communications (see A/HRC/16/44/Add.1, paras 1200 and 1236).

17/02/11

28/09/10 JAL

IND 19/2010

India

Freedom of religion; Health; Torture

Alleged inhuman prison conditions. According to the information received, 65 Pakistani members of the Mehdi Foundation International (MFI) had been detained in Central Jail Tihar, New Delhi since April 2007. Their case was the subject of an earlier communication (see A/HRC/7/10/Add.1, para 100). Since their arrival in Central Jail Tihar in April 2007, five female MFI members who were pregnant at the time of their arrest have given birth to five children. Reportedly, medical staff treated the pregnant women inhumanly. During a medical checkup in Deen Dayal Hospital, it was found that two of the MFI women had cysts in their ovaries. While surgery was recommended, the Senior Medical Officer refused this. On 28 January 2010, the Indian Government rejected the applications made on behalf of the MFI detainees for political asylum and subsequently all criminal charges against them were reportedly withdrawn. The MFI members continued to be held in custody pending a decision by the courts on whether their deportation to Pakistan would be lawful. Mr. Iqbal Shahi had suffered from fits and there was neither medical care in the prison nor had he been referred to outside physicians. He had been diagnosed with a tumor in his brain; however, reportedly no medical help had been forthcoming. Mr. Muhammad Ashfaque, a diabetic, had suffered from an illness affecting his backbone. Mr. Abdul Waheed underwent heart bypass surgery before his arrest and had been suffering from acute heart-related illnesses. Mr. Abdul Rashid, a diabetic, had not been allowed to visit an Outpatient Department. Ms. Kulsoom Khan suffered from fever in May 2007. The prison authorities gave her medication that did not help and the prison staff allegedly beat her. She was then sent to Deen Dayal Hospital where she was reportedly given electric shocks. Eleven MFI children remained in detention in Central Jail Tihar. However, the prison authorities did not have the required medication for children and the detained children had been given adults’ medication instead.

14/02/11

A /H

R C

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136 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

01/10/10 JAL

THA 7/2010

Thailand

Freedom of expression; Human rights defenders

Alleged arrest of human rights defender. According to information received, on 6 March 2009 Ms. Chiranuch Premchaiporn, editor of Prachatai, an online media portal, was arrested for having allowed readers to post comments on Prachatai’s online discussion forum that allegedly defamed the King of Thailand. On 31 March 2010, she was reportedly arrested again for the same alleged offence. On 24 September, she was arrested again, at Suvarnabhumi airport in Bangkok upon returning from a trip to Lithuania and Hungary. She was allegedly shown an arrest warrant relating to material posted on the Prachatai website in April 2008. On 25 September 2010, Ms. Premchaiporn was released on bail, awaiting trial for the charges mentioned above, which in total could lead to a 50-year prison sentence.

06/10/10

17/02/11

06/10/10 JUA

VNM 4/2010

Viet Nam

Arbitrary detention; Freedom of religion; Torture

Alleged attacks and threats against Degar Christians. According to the information received, on 22 August 2010 Vietnamese soldiers, riot police, security forces and local police forces surrounded, attacked and threatened Degar Christians in 32 villages in Gia Lai Province. Reportedly, the villagers were told to renounce their faith and officially join the State-approved church, the Evangelical Church of Vietnam. Ms. Puih H´Bat, who had lead prayer services in her house in Ploi Bang village, had already been detained for more than two years. On 11 April 2008, she was reportedly arrested by police officers and taken to Ia Grai district prison. She was reportedly subsequently convicted of violating the law by “destruction of the unity of the people's solidarity” and sentenced to five years imprisonment.

30/03/11

07/10/10 JUA

IRN 30/2010

Iran (Islamic Republic of)

Freedom of expression; Human rights defenders; Independence of judges and lawyers; Torture

Alleged sentencing of a journalist and a blogger. According to the information received, on 27 September 2010, Mr. Isa Saharkhiz, a pro-reform movement journalist, was sentenced to three years in prison, a five-year ban on political and journalistic activities, and a one-year travel ban. Mr. Saharkhiz was detained in July 2009 shortly after the disputed presidential elections and was charged with “insulting the Supreme Leader” and “propagating against the regime”. Mr. Saharkhiz was the subject of an earlier communication (see above, case no. IRN 10/2010). Mr. Saharkhiz’s case was deemed arbitrary by the Working Group on Arbitrary Detention in its opinion adopted on 6 May 2010 (No.8/2010). On 29 September 2010, blogger Mr. Hossein Derakhshan was convicted by the Revolutionary Court of cooperating with hostile States, propaganda against the system, propaganda in favour of counter-revolutionary groups, insults to the holy sanctities, and set-up and management of vulgar and obscene websites. He was sentenced to 19.5 years in prison and a five year ban on political and journalistic activities. Mr. Derakhshan was reportedly detained at his home in Tehran on 1 November 2008 in connection with comments he allegedly made about a cleric, and spent over a year without charge and in solitary confinement for nine months.

07/10/10

16/02/11

A /H

R C

/18/51

137

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

07/10/10 AL

ISR 11/2010

Israel

Education Alleged negative impact of the Israeli blockade on the school system in the Gaza Strip. According to the information received, in June 2007 the Israeli Government imposed a blockade on the Gaza Strip, generally only permitting items it defined as humanitarian into Gaza. In June 2010, the Israeli Government announced that it would “ease” the blockade, allowing additional consumable items entry into Gaza. However, construction materials continued to remain banned for import. Due to the blockade, UNRWA had been unable to build a single school in Gaza in over three years. At the same time, the student population in UNRWA schools had risen dramatically. Furthermore, some 217 schools, including 36 UNRWA schools and 60 kindergartens, were reportedly damaged during the Israeli military’s “Operation Cast Lead,” between 28 December 2008 and 19 January 2009. Most schools function on double shift and an estimated 40,000 Palestinian refugee children had been unable to attend UNRWA schools due to lack of space and schools. As of September 2010, UNRWA had received approval from the Government of Israel to proceed with the building of only eight out of the 100 schools required to meet the demand.

22/06/11

15/10/10 JAL

CHL 3/2010

Chile

Freedom of expression; Human rights defenders; Torture

Supuesto uso excesivo de la fuerza contra activistas indígenas. Según las informaciones recibidas, el 18 de septiembre de 2010 un contingente de Carabineros habría impedido manifestarse a un grupo de activistas Mapuche, entre ellos el Sr. Cristian García Quintul, Presidente de la Asociación Newen Llifken, y habría hecho uso excesivo de la fuerza con algunos activistas al llevar a cabo varias detenciones policiales. Los Sres. García Quintul y Eric Vargas, junto con la Sra. Mónica García Quintul, hermana del Sr. García Quintul, habrían sido trasladados a la 2º Comisaría Policial de Puerto Montt sin serles leídos sus derechos ni ser informados de las razones de su detención. Tras la intervención de su abogado, el Sr. Vargas y la Sra. García Quintul habrían sido puestos en libertad. El 19 de septiembre, el Sr. García Quintul habría sido presentado ante el Fiscal Militar de Puerto Varas. El fiscal habría decidido dejar al Sr. García Quintul en libertad.

10/03/11

11/04/11

19/10/10 JUA

RUS 6/2010

Russian Federation

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged prison sentence and ill-treatment of human rights defender. According to the information received, on 18 August 2010 Mr. Aleksei Sokolov, Head of Pravovaya Osnova, an anti-torture organization, was sentenced on appeal by the Regional Court of Sverdlovsk to three years’ imprisonment for robbery. On 25 August, his family and legal representatives were informed that he had been transferred from Yekaterinburg to Krasnoyarsk, more than 2,000 kilometers away from his family. Allegations received indicate that Mr. Sokolov was beaten by the police during the transfer to Krasnoyarsk. Since January 2010, Mr. Sokolov had suffered attacks by his cell mates, both at the Kamychlov detention centre and at the Soukhoi Log detention centre. Mr. Sokolov was the subject of an earlier communication (see A/HRC/13/22/Add.1, para 1895).

21/02/11

A /H

R C

/18/51

138 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

08/11/10 JUA

ISR 14/2010

Israel

Freedom of expression; Human rights defenders; OPT

Alleged conviction of human rights defender. According to the information received, on 11 October 2010 Mr. Abdallah Abu Rahma, a secondary-school teacher and head of the organization Bil’in Popular Committee against the Wall, was sentenced to one year of imprisonment and a fine by an Israeli Military Court after having been found guilty of incitement and organizing illegal demonstrations. The charges allegedly relate to Mr. Abu Rahma’s activities organizing peaceful protests against the Israeli-built separation wall in the village of Bil’in.

26/11/10

15/02/11

11/11/10 JUA

IRQ 6/2010

Iraq

Arbitrary detention; Freedom of expression; Human rights defenders; Torture

Alleged arrest and incommunicado detention of human rights defender’s family members. According to the information received, on 26 October 2010, the house of Mr. Ayad Muayyad Salih in Mosul was raided by members of the Iraqi military, who came to arrest him. Mr. Ayad Muayyad Salih is a human rights defender working with the Iraqi Institution for Development. Shortly afterwards, Messrs. Muayyad Salih Ahmed and Ra'ed Muayyad Salih, the father and brother of Mr. Ayad Muayyad Salih respectively, were allegedly arrested and taken to an undisclosed location, reportedly to force Mr. Ayad Muayyad Salih to surrender. Their whereabouts remained unknown. Mr. Ayad Muayyad Salih went into hiding, fearing to be arrested.

04/05/11

12/11/10 JUA

IRN 31/2010

Iran (Islamic Republic of)

Human rights defenders; Independence of judges and lawyers

Alleged conviction and disbarment of human rights lawyer. According to the information received, on 30 October 2010, Tehran's Revolutionary Court sentenced Mr. Mohammad Seifzadeh, lawyer and co-founder of the Defenders of Human Rights Centre (DHRC), to nine years in prison and a ten year ban from practicing law. He was found guilty of "creating and acting within an organization which aims at threatening national security". Reportedly, Mr. Abdolfattah Soltani and Mr. Mohammad Ali Dadkhah, two other co-founders of DHRC, had also been prosecuted under similar charges. Mr. Seifzadeh's trial was allegedly held without a jury panel and behind closed doors, and the Court refused Mr. Seifzadeh's request to summon witnesses. Reportedly, the disbarment of Mr. Seifzadeh by the judiciary violates Iranian legislation. Mr. Seifzadeh was the subject of an earlier communication (see A/HRC/16/44/Add.1, para 1261).

08/02/11

A /H

R C

/18/51

139

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

12/11/10 JAL

KWT 6/2010

Kuwait

Migrants; Slavery

Alleged abuse and exploitation of migrant domestic workers. According to the information received, there are more than 660,000 migrant domestic workers in Kuwait, mostly from Asia and Africa, of whom the majority are women. Once in Kuwait, these workers find themselves vulnerable to abuse in a system that leaves them with almost no effective legal protection. Common complaints of migrant domestic workers are nonpayment of salaries, excessively long working hours without rest, and incidents of physical and sexual abuse. Migrant domestic workers are reportedly often denied adequate food and medical care. Allegedly, employers often confiscate passports of migrant domestic workers and use the passports as a method of control by refusing to return them when workers tried to leave their employers. In addition, it is reported that the legal framework and institutions in Kuwait are inadequate to address these violations of human rights of migrant domestic workers.

18/03/11

12/11/10 JUA

MAR 5/2010

Morocco

Freedom of expression; Summary executions

Décès présumé d’un garçon suite aux tirs de l’armée. Selon les informations reçues, le 24 octobre 2010 plusieurs personnes sahraouies, dont Al-Najem al-Karhi, âgé de 14 ans, se rendaient en convoi de deux voitures au camp Gdeim Izik dans le désert à la périphérie de Laayoune quand l’armée aurait ouvert le feu sur un des deux véhicules à un point de contrôle aux abords du camp. Al-Najem al-Karhi aurait été tué et plusieurs personnes auraient été blessées. Les passagers des deux véhicules se rendaient au camp afin d’apporter des vivres à des proches présents dans le camp et pour exprimer leur soutien aux manifestants. Le 25 octobre, Al-Najem al-Karhi aurait été enterré. Les membres de sa famille n’auraient pas été autorisés à voir son corps et n'auraient pas été informés du lieu de l'enterrement. Le procureur de la Cour d’appel de Laayoune aurait ordonné l’ouverture d’une enquête en relation avec les faits susmentionnés.

01/02/11

15/11/10 JUA

UZB 6/2010

Uzbekistan

Arbitrary detention; Torture

Alleged arbitrary detention. According to the information received, on 13 May 2005 Ms. Dilorom Abdukadirova, aged 44, happened to be at the Babur Square in Andijan when the violent crackdown broke up. She reportedly had no connection to the events, and fled to the Kyrgyz Republic fearing prosecution. The same year she was granted political asylum in Australia. Since Ms. Abdukadirova’s husband and children were not allowed to leave Uzbekistan, she reportedly decided to return on 8 January 2010. Upon arrival, Ms. Abdukadirova was allegedly arrested and held in the airport for four days, allegedly in connection with her border crossing, deemed illegal by the authorities. On 12 March 2010, Ms. Abdukadirova was reportedly arrested and later charged with crossing the border illegally, attempting to overthrow the constitutional order, and participating in riots. The Andijan City Court reportedly sentenced her to 10 years and two months of imprisonment.

15/03/11

A /H

R C

/18/51

140 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

19/11/10 AL

KAZ 3/2010

Kazakhstan

Torture Alleged torture, ill-treatment and death in custody. According to the information received, on 28 September 2010 Mr. Kanat Mukhambetkaliev, born in 1987, was sentenced to five years’ imprisonment in the common regime colony no. 161/4 in Kushmurun. He was subjected to special measures for allegedly refusing to follow the instructions of prison’s employees. On 6 October, Mr. Mukhambetkaliev was fatally injured while in the quarantine facility. On 6 October, he died in the emergency unit of Auliekolskiy regional hospital, allegedly from injuries caused by severe beatings while in detention. On 8 October, the colony’s chief of control unit and the senior specialist of the regime unit were charged with “exceeding power of official authority entailing grave consequences or committed with the use of arms of special means”. On 8 November, a new investigative team was established. The chief investigator reportedly declared that a new charge of “murder” would be added to the criminal case.

04/02/11

19/11/10 JUA

TJK 4/2010

Tajikistan

Arbitrary detention; Independence of judges and lawyers; Torture

Alleged detention and torture. According to the information received, Mr. Ilkhom Ismanov, a citizen of the Russian Federation, disappeared on 3 November 2010. On 4 November, two men reportedly searched Mr. Ismanov’s family house without presenting any official document. They reportedly told Mr. Ismanov’s wife that he was being held at the Department for the Fight against Organized Crime of the Ministry of Internal Affairs in the city of Khudzhand in the Soghd region of Tajikistan. On 4 November and on the following days, his lawyer and a representative of the Centre for Human Rights of Soghd region were reportedly denied access to Mr. Ismanov. On 11 November, Mr. Ismanov was reportedly transferred to the temporary detention facility of the Ministry of Internal Affairs in the town of Chkalovsk. Reportedly, on 12 November, during the court hearing, Mr. Ismanov told the judge that he was subjected to electric shocks and that boiling water was poured on him while in detention. The judge allegedly ignored the allegations of torture. Mr. Ismanov was reportedly charged with “organizing a criminal group.”

01/06/11

23/11/10 JAL

VEN 9/2010

Venezuela (Bolivarian Republic of)

Summary executions; Torture

Supuestos muertos de presos en combates organizados. Según la información recibida, en el Centro Penitenciario de la Región Centro Occidental de Venezuela se organizarían riñas entre prisioneros conocidas como el "Coliseo.” Estas riñas, programadas para “arreglar cuentas” entre los prisioneros serían organizadas y dirigidas por los jefes de las organizaciones criminales que controlan la prisión. Estos combates además tendrían lugar en presencia de los funcionarios encargados de hacer cumplir la ley en la cárcel. Los participantes podrían utilizar armas blancas y podrían herir a sus oponentes en ciertas zonas del cuerpo. Desde enero hasta noviembre de 2010, habrían muerto cuatro presos y más de 113 habrían resultado heridos en los combates antes mencionados.

11/02/11

A /H

R C

/18/51

141

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

24/11/10 AL

UKR 5/2010

Ukraine

Human rights defenders

Alleged harassment against human rights defenders. According to the information received, on 8 September 2010 Mr. Ruslan Zabily, historian and Director of the National Memorial Museum of Victims of the Occupation Regimes “Tyurma na Lonskoho” was detained by the Security Service (SBU). Mr. Zabily was allegedly not informed of his rights upon arrest, and his request for a lawyer was reportedly ignored. The officers reportedly confiscated his laptop and two external hard disk drives, which contained copies of historical material and academic research. Mr. Zabily’s case was classified as “top secret”, which allegedly restricted his right to defence. Furthermore, on 14 October 2010, Messrs. Oleksiy Verentsov, a lawyer and leader of the human rights organisation “Vartovi Zakonu” and Ihor Tanychkevych, were arrested following the organisation of a peaceful protest. Allegedly, during the subsequent court hearing in Halytsky District Court, Lviv, Messrs. Verentsov and Tanychkevych’s lawyer was denied access to the courtroom and witnesses were not interrogated. On 15 October 2010, a police raid was reportedly carried out at the offices of the Vinnitsa Human Rights Group, as well as the house of its Chair, Mr. Dmytro Groysman. Reportedly, during the search the police confiscated UNHCR files, confidential information regarding clients and refugee cases, along with computer disks, memory sticks and a laptop.

04/02/11

26/11/10 JAL

USA 19/2010

United States of America

Terrorism; Torture

Alleged torture and ill-treatment by Iraqi security forces. According to the information received, there was extensive abuse of detainees by Iraqi security forces over a five-year period between 2004 and 2009. United States authorities reportedly had knowledge of the systematic use of torture and other ill-treatment by Coalition, Iraqi and private security officials; and, in most cases, failed to intervene to prevent and/or investigate hundreds of reports of systematic abuse and torture. Allegedly, US forces acting under “fragmentary orders,” “Frago 242” and “Frago 039” were required to make no intervention in cases of abuse and/or torture involving Iraqis if the US troops were not initially involved. The orders also required US forces to report abuse to the US command but not to conduct any further investigation or take any further action to stop abuse or torture unless instructed to do so by higher order. Furthermore, thousands of Iraqi nationals who had been detained by US forces were reportedly handed over from US to Iraqi custody between early 2009 and July 2010 under a November 2008 US-Iraq agreement that contains no provisions for safeguarding the detainees’ physical and mental integrity after the transfer.

20/05/11

A /H

R C

/18/51

142 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

29/11/10 JUA

PHL 10/2010

Philippines

Freedom of expression; Human rights defenders; Summary executions

Alleged killing of human rights advocate and intimidation of witnesses. According to the information received, on 14 June 2010, Mr. Benjamin Bayles, aged 43, human rights advocate from Himamaylan City was killed by two armed men. The police arrested two persons in connection with the murder, allegedly members of the Armed Forces. On 27 October, a pre- trial conference was held and the names of the witnesses in the case were mentioned, including Ms. Vilma Tejada. The same day, three army men reportedly entered her house, pointed a rifle at her and interrogated her about the case. On 4 November, 12 armed men in military insignia reportedly entered her house and threatened that if she testified in the case she would be killed. Mr. Manuel Bayles, brother to the deceased and complainant/witness in the case, had indicated that that he was under military surveillance. Mr. Benjamin Ramos, legal counsel for the Bayles family, had also been under threat. Other witnesses in the Bayles case had also received death threats or had been under military surveillance, as well as Mr. Larry Trinidad and Mr. Jaime Lim, two journalists who had linked the military to the killing.

22/03/11

A /H

R C

/18/51

143

C. Communications sent before the period covered by this report, by mandates reporting to the eighteenth session of the Council, and related replies

14. As a transitional measure, given that the reporting period of this joint communications report is shorter than earlier reporting periods for individual mandates reporting to September sessions of the Council, the following communications are included to ensure that all State responses and communications of special procedures mandates reporting to the eighteenth session of the Council are covered since they last reported individually to the fifteenth session. They relate to the following mandates: the Special Rapporteur on the situation of human rights in Cambodia; the Special Rapporteur on the rights of indigenous peoples; the Working Group on the use of mercenaries; the Special Rapporteur on contemporary forms of slavery; the Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes and .the Special Rapporteur on the human right to safe drinking water and sanitation.

15. Covered are State responses received by these mandates before 1 February 2011, but after the cut-off date of their last communcations report – usually 15 Augsut 2010 – so that they could not be reflected in respective communication reports submitted to the fifteenth session of the Council in September 2010. The same applies to communications sent by these mandates after the cut-off date of their last communications report - usually 15 June 2010 - and 1 December 2010, the start of the regular reporting period of this joint communications report. Copies of the full text of the communications sent and Government replies received can be accessed from the electronic version of this report available on the website of the Human Rights Council. Some names of individuals or other information haves been rendered anonymous or otherwise unidentifiable.

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

14/06/07 AL

USA 6/2007

United States of America

Mercenaries Alleged connection to the facilitation of recruitment of mercenaries. According to the information received, Mr. Luis Posada Carriles was connected to the planning of the downing of a Douglas DC-8 of Cubana de Aviación, on 6 October 1976, and connected to the facilitation of recruitment of mercenaries involved in this act. Reportedly, there are indications of several linkages between Mr. Posada Carriles, the Cuban-American National Foundation, and various individuals connected to a series of attacks and bombings. Several indications also point to Mr. Posada Carriles as having been a primary instrument and protagonist of mercenarism in a policy of violence, terrorism and violation of human rights in the Americas. Reportedly, Mr. Posada Carriles had been held in custody on immigration charges in the United States of America, and released in May 2007 without having been charged on grounds of terrorism.

14/01/11

A /H

R C

/18/51

144 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

07/09/07 JUA

MEX 25/2007

Mexico

Human rights defenders; Indigenous peoples; Torture; Violence against women

Supuestas agresiones por parte de personas presuntamente al servicio del Ejército. Según las informaciones recibidas, el 30 de junio de 2007, el Sr. Fortunato Prisciliano, miembro del pueblo indígena tlapaneca, habría sido víctima de golpes e intimidaciones por parte de personas presuntamente al servicio del Ejército. Dichas agresiones ocurrieron después de que el Sr. Fortunato se presentara en audiencia ante la Comisión Interamericana de Derechos Humanos (CIDH) para denunciar la violación sexual de su esposa por parte de tres miembros del Ejército en marzo del 2002.

17/09/10

19/08/08 JUA

GTM 15/2008

Guatemala

Human rights defenders; Independence of judges and lawyers; Indigenous peoples

Supuestas amenazas contra defensor de derechos humanos. Según las informaciones recibidas, el 2 de agosto de 2008, el Sr. Amilcar Pop, abogado y presidente de la Asociación de Abogados y Notarios Mayas de Guatemala (AANMG), organización que proporciona asistencia legal a comunidades indígenas, habría sido perseguido y amenazado con un arma de fuego. Según se informa, a lo largo de los años 2007 y 2008, los integrantes de AANMG habrían recibido varias amenazas de muerte, tanto por teléfono, como por correo, para que dejaran de proporcionar asistencia legal a las comunidades de San Juan Sacatepéquez. Mediante una carta fechada 20 de marzo de 2009, el Gobierno remitió un informe con su respuesta a la carta de alegación, ver A/HRC/12/34/Add.1, para 129.

20/03/09,

06/09/10

26/01/09 AL

CAN 1/2009

Canada

Indigenous peoples

Alleged situation of the planned construction of TransCanada North Central Corridor oil pipeline through lands of Lubicon Lake Nation. According to the information recieved, the TransCanada Corporation has obtained permission from the Alberta Utilities Commission to build the pipeline, in the absence of the Lubicon Lake Nation’s consent or recognition of the Nation’s asserted rights of the area. This has also been carried out in the absence of adequate consideration to the Lubicon’s concerns over the health, safety and environmental impacts of the project. In addition, the Special Rapporteur expressed concern over allegations about the broader issues of the land rights and social and economic conditions of the Lubicon people. See the Special Rapporteur’s observations on this situation, A/HRC/15/37/Add.1, paras. 104-135.

05/06/09

24/09/10

A /H

R C

/18/51

145

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

03/09/09 UA

ISR 6/2009

Israel

Water and sanitation

Alleged water and sanitation crisis in Gaza. According to the information received, about 10,000 people in Gaza do not have access to the water network, and 900,000 people only have irregular access to water. The sewage treatment plants are reportedly in disrepair, leading to discharge of untreated or only partially treated wastewater directly into the Mediterranean Sea. According to reports, the quality of water in Gaza is very poor. Reportedly, water and sewage infrastructure which were attacked during the Israeli offensive in 2008/2009, had not been repaired. The delay had been attributed to Israel’s refusal to allow the necessary materials to be brought into Gaza to undertake the repairs. The blockade had also led to the gradual deterioration of water and sewage services more generally.

07/09/09 AL

KHM 10/2009

Cambodia

Indigenous peoples

Alleged development activities in and around the Prey Lang Forest. According to the information received, the Prey Lang forest, spanning Preah Vihear, Kompong Thom, Kratie, and Stung Treng provinces in northern Cambodia, is inhabited by nearly 350,000 indigenous people, primarily of Kuy descent. Road construction and other development projects have reportedly been taking place without complying with domestic norms that might safeguard the rights of indigenous peoples, and the indigenous communities stand to lose access to the forest resources upon which their livelihoods depend. In a letter of 30 March 2010, the Government of Cambodia responded to the communication, see A/HRC/15/37/Add.1, para 75.

30/03/10,

16/09/10

24/09/09 JUA

IND 14/2009

India

Freedom of expression; Human rights defenders; Indigenous peoples; Torture

Alleged arrest and torture of human rights defenders. According to the information received, on 14 September 2009, Mr. Jiten Yumnam, member of the Coordinating Committee of the Asia Pacific Indigenous Youth Network and Joint-Secretary of Citizens’ Concerns on Dam and Development, was arrested at Imphal Airport in Manipur, while on his way to a regional meeting on climate change in Bangkok, Thailand. On the same day, Mr. Likmabam Tompok, Mr. Amom Soken, Mr. Irom Brojen, Mr. Thiyam Dinesh, Mr. Chung-shel Koireng, Mr. Taorem Ramananda, all members of the All Manipur United Clubs’ Organization, and Mr. Samjetshabam Nando, member of the All Manipur Ethnical Socio-Cultural Organisation, were arrested in Kwakeithel by Imphal West police and Singjamei police. On 15 September, all eight were brought before the Additional Chief Judicial Magistrate in Lamphel and subsequently remanded in police custody until 29 September. They had reportedly been charged with ‘attempting to wage war’ and ‘conspiring to commit offences against the state’. During his detention, Mr. Jiten Yumnan was allegedly subjected to electric shocks to extract information from him. On 25 August, Ms. Longjam Memchoubi, member of Apunba Lup and president of the Poirei Leimarol Meira Paibi Apunba Lup, was reportedly arrested at her home by the Manipur Police. She was brought before the Chief Judicial Magistrate in Imphal and subsequently remanded in police custody for fifteen days.

06/12/10

A /H

R C

/18/51

146 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

18/12/09 JAL

MEX 37/2009

Mexico

Freedom of expression; Human rights defenders; Summary executions; Toxic waste

Supuestos asesinatos. Según las informaciones recibidas, el 24 de noviembre de 2009, el cuerpo del Sr. José Galindo Robles habría sido encontrado en su casa en Guadalajara, Jalisco, con las manos atadas con un cable y su cuerpo envuelto en una cobija. La Oficina del Procurador habría informado que la causa de la muerte habría sido una contusión profunda y una fractura en el cráneo. El Sr. Galindo Robles era el director de la Radio Universidad de Guadalajara y habría ganado varios premios importantes, incluyendo el Premio Nacional de Periodismo Ambiental por su reportaje sobre el vertimiento de desechos tóxicos en el Río Santiago por parte de empresas privadas. El Sr. José Bladimir Antuna García era periodista con el periódico local El Tiempo de Durango. El 2 de noviembre de 2009, el cuerpo del Sr. Antuna García habría sido encontrado cerca del hospital en Durango. El Sr. Antuna García habría sido secuestrado esa misma mañana mientras caminaba a su lugar de trabajo. El Sr. Mariano Abarca Roblero era integrante del Frente Cívico de Chicomuselo y de la Red Mexicana de Afectados por la Minería. El 27 de noviembre de 2009 el Sr. Abarca Roblero habría sido asesinado por un hombre armado no identificado. Recientemente, el Sr. Abarca Roblero habría recibido varias amenazas de muerte por parte de algunos empleados de la compañía minera Blackfire Exploration Ltd.

13/09/10

06/04/10 JAL

BRA 3/2010

Brazil

Health; Torture; Water and Sanitation

Alleged inhuman conditions of detention. According to the information received, the Provisional Detention Centre in Cariacica (Centro de Detenção Provisória de Cariacica), is overcrowded, and the inmates are held in containers which have been converted into cells by opening three very small barred windows on each side. Reportedly, there is no sewage system, and the water supply for drinking and washing is inadequate, as detainees only have access to water for a few minutes every couple of hours. Furthermore, detainees are reportedly locked up throughout the day, even during the summer months, facing extremely hot temperatures. A man called “Adoterivo”, who suffered from hypertension, reportedly died due to the lack of medical attention and the poor conditions in the containers. In addition to the physical conditions at the Provisional Detention Centre in Cariacica, detainees have allegedly been regularly threatened or subjected to violence, including with rubber and lead bullets, as well as pepper and tear gas.

20/08/10

19/05/10 AL

BOL 1/2010

Bolivia (Plurinational State of)

Mercenaries Supuesta implicación de un grupo de presuntos mercenarios en un complot contra el Gobierno. Seguimiento a una comunicación con fecha del 27 de abril de 2009, en la cual el Grupo de Trabajo comunicaba que había recibido información indicando que un grupo de presuntos mercenarios, de distintas nacionalidades, habría estado implicado en un complot contra el Gobierno de Bolivia. En una comunicación con fecha del 29 de abril del 2009, el Gobierno de Bolivia informaba que realizará todas las acciones necesarias para que el Ministerio Público y las instancias pertinentes realicen una investigación exhaustiva y lleven a cabo el debido proceso relativo a los hechos mencionados y a la presencia de mercenarios en Bolivia.

13/09/10

A /H

R C

/18/51

147

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

26/07/10 JAL

NER 1/2010

Niger

Health; Toxic waste

Allégation d’effets nocifs des mines d’uranium. Selon les informations reçues, autour des villes d’Arlit et d’Akokan, des méthodes d’exploitation ainsi qu’une mauvaise gestion de l’industrie minière d’uranium opérée par la société AREVA causeraient une pollution de grande envergure, endommageraient l’écosystème de manière définitive et pourraient également causer des problèmes de santé à la population locale. La pollution causée par l’industrie minière inclurait la contamination de l’eau, l’épuisement des réserves des nappes phréatiques de la région ainsi que la contamination de l’air et du sol. Les effets de cette contamination incluraient également la désertification accélérée et la réduction de la terre à pâturage, ainsi qu’une prévalence plus élevée des maladies respiratoires, leucémies, cancers et malformations à la naissance. En outre, il semblerait que la société minière AREVA et ses filiales n’informeraient pas leurs employés et la population locale sur les risques encourus par la proximité physique et par le travail autour des mines d’uranium.

05/08/10 JAL

OTH 4/2010

Other

(AREVA)

Health; Toxic waste

13/08/10 UA

CHL 1/2010

Chile

Indigenous peoples

Supuesta amenaza de desalojo forzado de familias del pueblo Rapa Nui. Según la información recibida, aproximadamente 45 efectivos de tropas especiales de carabineros fueron enviados por el Gobierno de Chile a la Isla de Pascua – Rapa Nui con el fin de desalojar un grupo de alrededor de 15 familias del pueblo indígena Rapa Nui. Desde el 31 de julio de 2010, estas personas habían ocupado diversos establecimientos fiscales del Estado chileno como acto de reivindicación de sus tierras ancestrales. El 9 de agosto, se realizó un desalojo con base en una orden judicial, de las propiedades ocupadas, la cual se realizó pacíficamente. Sin embargo, existía el temor de que se realicen más desalojos debido a las declaraciones de los funcionarios de Gobierno de estar dispuestos a desalojar forzosamente a las personas que mantienen “tomas ilegales” y no entreguen los lugares ocupados. Este situación fue objeto des dos comunicaciones posteriores, ver CHL 4/2010 y CHL 0/2010.

08/10/10

A /H

R C

/18/51

148 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

14/09/10 JUA

KHM 3/2010

Cambodia

Cambodia; Freedom of expression; Human rights defenders; Independence of judges and lawyers

Alleged unfair trial and conviction of human rights defenders. According to the information received, on 30 August 2010 Mr. Leang Sokchouen, staff member of the human rights NGO LICADHO, Mr. Tach Vannak and Mr. Tach Le were sentenced to two years prison and a fine. Another defendant, Mr. Tach Khong Phoung, was allegedly tried in absentia and sentenced to three years imprisonment. Mr. Leang Sokchouen and others were reportedly accused of distributing anti-Government fliers in Takeo Province. The trial was reportedly marked by a number of deficiencies that would indicate that the defendants did not enjoy a fair trial, and the Court reportedly did not examine whether the distribution of the leaflets constituted a crime in the first place.

16/09/10 UA

CHL 2/2010

Chile

Indigenous peoples

Supuesta huelga de hambre por presos mapuche. Según la información recibida, 34 personas mapuche en diversos centros de la región del Bío Bío y la Araucanía estarían participando en una huelga de hambre desde el 12 de julio de 2010. Los presos mapuche en huelga de hambre habrían demandado al Estado el término de la aplicación de la ley antiterrorista en causas que les involucran, el término del procesamiento de presos mapuche por la justicia militar, la desmilitarización de las zonas mapuche, y la restitución de tierras ancestrales mapuche. 58 personas mapuche o simpatizantes al pueblo mapuche habrían sido procesadas o condenadas bajo la ley antiterrorista por hechos de protesta vinculados a la reivindicación de derechos por tierras o de derechos políticos. Véase las observaciones del Relator Especial sobre esto caso en A/HRC15/37.Add.1, parrs 145-165 y la carta de seguimiento enviada por el Relator Especial el 5 de octubre de 2010.

15/10/10 JAL

BGD 9/2010

Bangladesh

Migrants; Sale of children; Slavery; Trafficking

Alleged sale of children for forced labour in mines. According to the information received, an estimated 70,000 bonded child labourers from Nepal and Bangladesh work at the so-called “rat mines” of Jaintia Hills, Meghalaya State, India. In most cases, the children are allegedly purchased by middlemen or abducted or sold by gangs in Nepal and Bangladesh to the mining mafia in Meghalaya. The working conditions at the mines are allegedly hazardous, unhygienic, cruel and inhuman. Deaths of children due to the unsafe working conditions are reportedly common, and often remain unreported. The children reportedly live in huts made with plastic sheets and there is a lack of safe drinking water and proper sewage system. Allegedly, girls are also often bought by the mine owners and subject to sexual exploitation. There is also information suggesting that some children are trafficked further from the mines to other places for sexual exploitation.

29/10/10

A /H

R C

/18/51

149

Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

15/10/10 JAL

IND 15/2010

India

Migrants; Sale of children; Slavery; Trafficking

Alleged sale of children for forced labour in mines. According to the information received, an estimated 70,000 bonded child labourers from Nepal and Bangladesh work at the so-called “rat mines” of Jaintia Hills, Meghalaya State, India. In most cases, the children are allegedly purchased by middlemen or abducted or sold by gangs in Nepal and Bangladesh to the mining mafia in Meghalaya. The working conditions at the mines are allegedly hazardous, unhygienic, cruel and inhuman. Deaths of children due to the unsafe working conditions are reportedly common, and often remain unreported. The children reportedly live in huts made with plastic sheets and there is a lack of safe drinking water and proper sewage system. Allegedly, girls are also often bought by the mine owners and subject to sexual exploitation. There is also information suggesting that some children are trafficked further from the mines to other places for sexual exploitation. Reportedly, there is a lack of interventions in this matter by the State Government.

15/10/10 JAL

NPL 8/2010

Nepal

Migrants; Sale of children; Slavery; Trafficking

20/10/10 JAL

GBR 5/2010

United Kingdom of Great Britain and Northern Ireland

Mercenaries; Migrants

Alleged death during deportation involving private security company. According to the information received, Mr. Jimmy Mubenga, an Angolan national who was being deported from the UK, died 50 minutes after having boarded British Airways flight 77 at Heathrow airport on 13 October 2010. Mr. Mubenga was allegedly sitting at the rear of the aircraft, surrounded by three guards working for the private security company G4S, which had been contracted by the UK Border Agency to escort deportees. Mr. Mubenga was reportedly resisting his deportation, while the guards were forcing him on his seat, one man on top of him, which made it difficult for him to breathe. Allegedly, the confrontation lasted around 10 minutes before Mr. Mubenga became silent and was no longer breathing.

08/12/10

Annex 1

Annex 2

Annex 3

Annex 4

A /H

R C

/18/51

150 Date Type

Case No

Country Mandate(s) Summary of the allegation transmitted Reply

18/11/10 JAL

MEX 27/2010

Mexico

Adequate housing; Indigenous peoples

Supuesta construcción de presa hidroeléctrica. Desde 2004, los relatores especiales han tenido un intercambio de comunicaciones con el Gobierno mexicano en relación con el Proyecto Hidroeléctrico La Parota. Según la nueva información recibida, en el transcurso de 2010 hubo nuevas resoluciones judiciales que habrían ordenado la suspensión temporal del proyecto hidroeléctrico como medida cautelar. En particular, el 11 de abril del 2010, el Tribunal Unitario Agrario número 41, habría otorgado una medida suspensiva de carácter cautelar para evitar que la Comisión Federal de Electricidad (CFE) u otra entidad realice obras tendentes a la construcción de este proyecto hidroeléctrico. Según las alegaciones, a pesar de las resoluciones judiciales, el Congreso Federal (Cámara de Diputados) habría previsto la autorización del presupuesto para la construcción de esta presa hidroeléctrica. El director de la CFE habría además públicamente declarado que el próximo año se licitará la construcción de la hidroeléctrica La Parota.

23/11/10 AL

CRI 5/2010

Costa Rica

Indigenous peoples

Supuesta construcción de represa hidroeléctrica que inundaría las tierras del pueblo térraba. Según la información recibida, el Instituto Costarricense de Electricidad estaría planeando la construcción de la represa hidroeléctrica el Diquís, que inundaría al menos el diez por ciento de las tierras tituladas del pueblo térraba en la zona sur del país. La construcción de la represa inundaría un gran número de sitios sagrados y sitios de importancia cultural para el pueblo térraba. Además de la pérdida del uso y disfrute de sus tierras, el inicio de las obras de construcción de la represa resultaría en la entrada de miles de trabajadores y sus familias en la zona donde viven los térraba. Los térraba no habrían sido consultados o permitidos a participar en las tomas de decisiones sobre la presa de Diquís, a pesar de sus muchas solicitudes al respecto mediante actos públicos tales como grandes marchas de protesta. Con la cooperación del Gobierno de Costa Rica, el Relator Especial realizó una visita oficial al país para investigar estas alegaciones, Véase el informe del Relator Especial sobre este caso (A/HRC/18/35.Add.8).

Appendix

Mandates of special procedures

Mandate title

Human Rights Council

resoultion

Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context

15/8

Working Group on Arbitrary Detention 15/18

Special Rapporteur on the situation of human rights in Cambodia 15/20

Independent Expert in the field of cultural rights 10/23

Working Group on Enforced or Involuntary Disappearances 16/16

Special Rapporteur on the right to education 17/3

Special Rapporteur on the right to food 13/4

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

16/4

Special Rapporteur on the rights to freedom of peaceful assembly and of association 15/21

Special Rapporteur on freedom of religion or belief 14/11

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

15/22

Special Rapporteur on the situation of human rights defenders 16/5

Special Rapporteur on the independence of judges and lawyers 17/2

Special Rapporteur on the rights of indigenous peoples 15/14

Working Group on the use of mercenaries 15/12

Special Rapporteur on the human rights of migrants 17/12

Independent Expert on Minority Issues 16/6

Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

5/1

Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

16/33

Special Rapporteur on the sale of children, child prostitution and child pornography 16/12

Special Rapporteur on contemporary forms of slavery 15/2

Independent Expert on the situation of human rights in the Sudan 15/27

Special Rapporteur on extrajudicial, summary or arbitrary executions 17/5

Mandate title

Human Rights Council

resoultion

Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

15/15

Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

16/23

Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes

9/1

Special Rapporteur on trafficking in persons, especially women and children 17/1

Special Rapporteur on violence against women, its causes and consequences 16/7

Special Rapporteur on the human right to safe drinking water and sanitation 16/2