27/72 Communications report of Special Procedures
Document Type: Final Report
Date: 2014 Aug
Session: 27th Regular Session (2014 Sep)
Agenda Item: Item4: Human rights situations that require the Council’s attention
GE.14-14293 (E)
*1414293*
Human Rights Council
Twenty-seventh session Agenda items 3, 4, 7, 9 and 10 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Human rights situations that require the Council’s attention
Human rights situation in Palestine and other occupied Arab territories
Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action
Technical assistance and capacity-building
Communications report of Special Procedures*
Communications sent, 1 March to 31 May 2014; Replies received, 1 May to 31 July 2014
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 people of African descent; the Working Group on arbitrary detention; Special Rapporteur on the situation of human rights in Belarus; the Special Rapporteur on the situation of human rights in Cambodia; the Special Rapporteur in the field of cultural rights; the Independent expert on the promotion of a democratic and equitable international order; the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea; the Special Rapporteur on the right to education; the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; the Working Group on enforced or involuntary disappearances; the Special Rapporteur on extreme poverty and human rights; the Special Rapporteur on
* The present report is circulated as received.
United Nations A/HRC/27/72
General Assembly Distr.: General 20 August 2014
English/French/Spanish only
the right to food; the Independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights; 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 freedom of religion or belief; the Independent Expert on the situation of human rights in Haiti; 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 Special Rapporteur on the human rights of internally displaced persons; the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; 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 Special Rapporteur on minority issues; the Special Rapporteur on the situation of human rights in Myanmar; the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; the Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non-recurrence; the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; the Special Rapporteur on the sale of children, child prostitution and child pornography; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Independent Expert on the situation of human rights in Somalia; the Independent Expert on the situation on human rights in the Sudan; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes; the Special Rapporteur on trafficking in persons, especially women and children; the Working Group on the issue of human rights and transnational corporations and other business enterprises; the Special Rapporteur on violence against women, its causes and consequences; the Working Group on the issue of discrimination against women in law and in practice; and the Special Rapporteur on the human right to safe drinking water and sanitation.
Contents
Paragraphs Page
Abbreviations................................................................................................................................... 4
I. Introduction............................................................................................................. 1–9 6
II. Communications sent and replies received ............................................................. 10-11 9
A. Communications sent between 1 March and 31 May 2014 and replies received between 1 May and 31 July 2014..................................................... 10 9
B. Replies received between 1 May and 31 July 2014 relating to communications sent before 1 March 2014................................... 11 77
Appendix
Mandates of special procedures ....................................................................................................... 89
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
African Descent Arbitrary detention
Working Group on people of African descent Working Group on Arbitrary Detention
Belarus Special Rapporteur on the situation of human rights in Belarus Burundi Special Rapporteur on the situation of human rights in Burundi Business enterprises Working Group on the issue of human rights and transnational corporations and other
business enterprises Cambodia Special Rapporteur on the situation of human rights in Cambodia Central Africa Independent Expert on the situation of human rights in the Central African Republic Côte d'Ivoire Independent expert on the situation of human rights in Côte d’Ivoire Cultural Rights Special Rapporteur in the field of cultural rights Democratic and equitable international order
Independent expert on the promotion of a democratic and equitable international order
Disappearances Working Group on Enforced or Involuntary Disappearances Discrimination against women
Working Group on the issue of discrimination against women in law and in practice
DPR Korea Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
Education Special Rapporteur on the right to education Environment Independent Expert on the issue of human rights obligations relating to the enjoyment of a
safe, clean, healthy and sustainable environment Eritrea Special Rapporteur on the situation of human rights in Eritrea Extreme poverty Special Rapporteur on extreme poverty and human rights Food Special Rapporteur on the right to food Foreign debt Independent expert on the effects of foreign debt and other related international financial
obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights
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 Haiti Independent Expert on the situation of human rights in Haiti 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 Internally displaced persons
Special Rapporteur on the human rights of internally displaced persons
International Solidarity Independent Expert on Human Rights and International solidarity Iran Special Rapporteur on the situation of human rights in the Islamic Republic of Iran Mali Independent Expert on the situation of human rights in Mali Mercenaries Working Group on the use of mercenaries Migrants Special Rapporteur on the human rights of migrants Minority issues Independent Expert on Minority Issues Myanmar Special Rapporteur on the situation of human rights in Myanmar OPT Special Rapporteur on the situation of human rights in the Palestinian territories occupied
since 1967 Older persons Independent Expert on the enjoyment of all human rights by older persons 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 Somalia Independent Expert on the situation of human rights in Somalia 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 implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes Trafficking Special Rapporteur on trafficking in persons, especially women and children Truth justice, reparation & guarantees on non- recurrence
Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non- recurrence
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 OL Other letter UA Urgent appeal
I. Introduction
1. Special procedures are mandated by the Human Rights Council to report to it on their activities (see Appendix).
2. 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 in order to avoid duplication, rationalize documentation, allow examination of cross cutting issues and ensure that the content of communications and any follow-up would feed into the universal periodic review mechanism more effectively. Mandate holders decided that the report should contain summaries of communications, and statistical information (A/HRC/15/44, para. 26-27). 3. The Outcome 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. 29 and 60). 4. 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. 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.
5. This report covers all urgent appeals, letters of allegations and other letters sent by special procedures mandate holders between 1 March and 31 May 2014 and replies received between 1 May and 31 July 2014. Communications sent before 1 March 2014 are reported in A/HRC/26/21, A/HRC/25/74, A/HRC/24/21, A/HRC/23/51, A/HRC/22/67, A/HRC/22/67 corr.1 and corr.2, A/HRC/21/49, A/HRC/20/30, A/HRC/19/44 and A/HRC/18/51 respectively.
6. The report also includes replies received between 1 May and 31 July 2014, relating to communications sent by special procedures mandate holders before 1 March 2014. Some of these replies supplement information communicated earlier by the respective State.
7. The present report contains urgent appeals sent by the Working Group on Arbitrary Detention and 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, which are processed according to their own distinctive procedures, and are reported in the annual reports of these two working groups.
8. The names of some alleged victims have been obscured in order to protect their privacy and prevent further victimization. Names of victims who would otherwise have their identities protected are mentioned only when the concerned individual has expressly consented or requested to have 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 darkened in State replies to preserve the presumption of innocence.
9. In preparing the statistics included in this report, uniform reporting periods have been used, reflecting all communications sent between 1 March and 31 May 2014, and responses received in relation to these communications up to 31 July 2014.
Communications and replies by mandate
Reporting period: 1 March to 31 May 2014
Reporting period: 1 June 2006 to 31 May 2014
Mandate Communications sent
replied to by 31 July 2014
response rate
Communications sent
replied to by 31 July 2014
response rate
Adequate housing 8 4 50% 262 119 45%
African descent 0 0 0% 4 2 50%
Arbitrary detention (+) 41 16 39% 1,109 599 54%
Belarus** 0 0 0% 6 4 67%
Burundi* 0 0 0% 6 0 0%
Business enterprises 3 1 33% 22 13 59%
Cambodia 1 0 0% 21 3 14%
Cultural Rights 4 1 25% 25 18 72%
Democratic and equitable international order 1 1 100% 3 2 67 %
Disappearances (+) 12 8 67% 255 110 43%
Discrimination against women in law and in practice
3 1 33% 59 37 63%
DPR Korea 0 0 0% 7 1 14%
Education 0 0 0% 62 37 6%
Environment 1 1 100% 5 3 60%
Eritrea 1 0 0% 1 0 0%
Extreme poverty 5 3 60% 34 22 65%
Food 5 2 40% 198 74 37%
Foreign debt 2 1 50% 10 7 70%
Freedom of expression 78 29 37% 2,158 1,097 51%
Freedom of peaceful assembly and of association
64 24 38% 579 321 55%
Freedom of religion 18 8 44% 348 200 57%
Haiti 1 0 0% 5 0 0%
Health 27 12 44% 344 187 54%
Human rights defenders 75 26 35 % 2,414 1,327 55%
Independence of judges and lawyers 28 11 39% 902 459 51 % Indigenous peoples 11 5 45% 301 178 59%
Reporting period: 1 March to 31 May 2014
Reporting period: 1 June 2006 to 31 May 2014
Mandate Communications sent
replied to by 31 July 2014
response rate
Communications sent
replied to by 31 July 2014
response rate
Internally displaced persons 1 0 0% 17 5 29%
Iran 7 2 29 % 65 26 40%
Liberia 0 0 0% 2 0 0%
Mercenaries 5 2 40% 63 22 35%
Migrants 8 2 25% 175 110 63%
Minority issues 8 2 25% 159 89 56%
Myanmar 3 2 67% 87 43 49%
OPT 3 0 0% 19 1 5%
Racism 3 2 67% 92 55 60%
Sale of children 0 0 0% 41 17 41%
Slavery 1 0 0% 25 19 76%
Somalia 0 0 0% 11 1 9%
Sudan 2 0 0% 20 3 15%
Summary executions 25 5 20% 994 467 47%
Terrorism 4 1 25% 226 100 44%
Torture 47 20 43% 1,729 909 53%
Toxic waste 0 0 0% 34 20 59%
Trafficking 1 0 0% 60 37 62%
Truth, justice, reparation & guarantees on non-rec
3 1 33% 15 6 40%
Violence against women 15 3 20% 420 222 53%
Water and Sanitation 8 2 25% 47 25 53%
(*) mandate terminated; (**) mandate re-established in June 2012. (+) 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.
Please note: 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.
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II. Communications sent and replies received
A. Communications sent between 1 March and 31 May 2014 and replies received between 1 May and 31July 2014
10. Communications are presented in chronological order. Copies of the full text of the communications sent and replies received may be accessed from the electronic version of this report available on the OHCHR website. 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
03/03/2014 JUA
VEN 1/2014 Venezuela
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Alegaciones de violaciones graves de los derechos humanos durante protestas. Según la información recibida, durante las marchas estudiantiles y de partidos políticos de oposición del 4 al 19 de febrero de 2014, y como resultado de supuestos ataques de grupos civiles armados y del uso desproporcionado de la fuerza por agentes de seguridad del Estado, cinco personas murieron por heridas de bala: los Sres. Neyder Arellano, Basil Alejandro Acosto Frias, Juan Montoya, la Sra. Génesis Carmosa y una quinta persona sin identificar. Se alega asimismo que otras 60 personas resultaron heridas y 579 detenidas, entre las cuales el Sr. Inti Rodríguez, miembro de PROVEA y defensor de derechos humanos, los Sres. Reynaldo Manrique, Leonardo Manrique y Jesús Gómez, el Sr. Leopoldo López, líder del partido político opositor, los periodistas Rafael Hernández, Ángel Matute, Domingo Díaz, Juan Camacho, Lewis Díaz, Fernando Prieto Figueroa, Gabriel Osorio, Jorge Luis Pérez Valery y Juan Pablo Bieri. Se reportan también agresiones en contra de las y los periodistas Mariana Cadenas, Jilfredo Alejandro Barradas, María Iginia Silva, Maisdulin Youniis y María Ramírez Cabello. Se habría finalmente censurado el canal colombiano de noticias NTN24 por reportar sobre las protestas. Similares alegaciones fueron objeto de comunicaciones previas el 16 de mayo 2013, ver A/HRC/24/21, caso VEN 4/2013 y el 11 de julio de 2013, ver A/HRC/25/74, caso VEN 5/2013.
03/04/2014 28/04/2014 28/04/2014 28/04/2014 28/04/2014
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10
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
04/03/2014 JUA
CHN 2/2014 China (People's Republic of)
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Health; Human rights defenders; Torture;
Alleged denial of medical treatment while in detention of a human rights defender. According to the information received, Ms. Cao Shunli has been denied medical treatment for a liver condition since she was detained on 14 September 2013. As a consequence, Ms. Cao’s health has deteriorated dramatically. She is currently in the 309 Military Hospital and is on life support. Furthermore, a number of her friends, who have tried to visit her at the hospital, have been taken into custody. Grave concerns are expressed that Ms. Cao’s detention and subsequent deteriorating health might be related to her legitimate and peaceful work on the People’s Republic of China’s Universal Periodic Review, including advocacy about civil society participation in the process. Ms. Cao has been the subject of previous communications sent on 17 July 2013, see A/HRC/25/74, case no. CHN 6/2013, 1 October 2013, see A/HRC/25/74, case no. CHN 11/2013, and 14 November 2013, see A/HRC/25/74, case no. CHN 13/2013.
04/03/2014 JUA
PHL 1/2014 Philippines
Freedom of expression; Human rights defenders; Summary executions;
Allegations of death threats directed against a reporter working on human rights related issues and his family. According to the information received, Mr. Arthur “Jun” Agarado Sapanghari Jr. received a number of death threats through text messages between December 2013 and January 2014. Two police officers were assigned to protect Mr. Sapanghari, however the protection was discontinued after one week. Grave concern is expressed that the death threats directed towards Mr. Sapanghari and his family are related to his legitimate work in reporting on human rights related issues. Grave concern is expressed regarding the physical and psychological integrity of Mr. Sapanghari and his family.
A /H
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Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/03/2014 AL
BGD 1/2014 Bangladesh
Freedom of expression;
Allegations on disproportional measures taken against media enterprises and the arrest of journalists in Bangladesh. According to the information received, the Daily Inqilab newspaper was raided on 16 January 2014 by the police, leading to a halt of its printing activities and the arrest of three of its journalists, Messrs’ Ahmed Atiq, Rabiulla Robi and Rafiq Mohammad. On 20 February 2014, their request for bail was accepted. Earlier, on 9 January, Mr. Salah Uddin Shoaib Choudhury, editor of the Bangladeshi newspaper Weekly Blitz, was sentenced to seven years in detention after being convicted of harming the country’s interests. Similar worrying cases were also reported last year. In April 2013, the newspaper Amar Desh printing press was raided and sealed by police and Mr. Mahmudur Rahman, its editor, arrested. In May 2013, the Diganta and Islamic TV channels had their broadcasting signals suspended on charges of inciting religious extremism and causing social unrest.
11/03/2014
07/03/2014 JAL
PAK 3/2014 Pakistan
Cultural Rights; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Human rights defenders;
Alleged undue restrictions of the right to freedom of association contained in the Foreign Contributions Bill (2013). According to the information received, the Bill, which regulates the utilization of foreign contributions by national and international non-governmental organizations, imposes undue restrictions on such recipients.. Such provisions concern, inter alia, the registration, suspension or cancellation of certificates; auditing/monitoring of these organizations, as well as restrictions on the utilization of foreign contributions they receive; and limitation on activities they intend to pursue.
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12
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/03/2014 JUA
RUS 3/2014 Russian Federation
Disappearances; Environment; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers;
Alleged enforced disappearance of an environmental rights defender. According to the information received, on 3 February 2014, Mr. Evgeny Vitishko was detained for swearing while at a public bus stop. On 18 February 2014, Mr. Vitishko was transferred to pre-trial detention centre No.1 in Krasnodar instead of being released. On 24 February 2014, it was discovered that Mr. Vitishko’s fate and whereabouts were unknown. Mr. Vitishko works with Environmental Watch on North Caucasus (EWNC), an independent group that published a report on environmental damage caused by preparations for the 2014 Winter Olympic Games in Sochi. Since 2011, Mr. Vitishko has been involved in legal proceedings related to alleged damage to a disputed fence in Krasnodar. In November 2011, he received a three-year suspended sentence. In November 2013, he was imprisoned for alleged breach of curfew, a condition of his probation. Grave concern is expressed about the physical and psychological integrity of Mr. Vitishko.
16/07/2014
07/03/2014 AL
TUN 1/2014 Tunisie
Discrimination against women in law and in practice;
Allégation concernant certaines dispositions de la nouvelle Constitution de la République tunisienne soulèvant des préoccupations au regard des normes internationales des droits de l’homme. Selon les informations reçues, un projet de loi déposée devant l’Assemblée Nationale Constituante vise la révision ou l’annulation d’un décret-loi relatif à la levée des réserves à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes (CEDEF). Toutefois, le Groupe de travail salue certaines avancées en matière d’égalité de genre et de protection des droits fondamentaux des femmes dans la nouvelle Constitution qui a été adoptée et promulguée respectivement le 26 et 27 Janvier 2014. Des communications ont été envoyées précédemment par le Groupe de travail s’agissant du processus de rédaction de la Constitution le 4 août 2011, réf. A/HRC/19/44, no. TUN 2/2011 et le 16 août 2012, réf. A/HRC/22/67/Corr.2, no. TUN 3/2012.
A /H
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Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
10/03/2014 JAL
GTM 1/2014 Guatemala
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Presunta iniciativa legislativa que podría tener efectos restrictivos serios e indebidos sobre la libertad de reunión y expresión de las personas, particularmente de los defensores y las defensoras de los derechos humanos. Según la información recibida, el 19 de febrero de 2014, el Congreso habría aprobado en sesión extraordinaria una iniciativa de Ley para la Circulación por Carreteras Libres de Cualquier Tipo de Obstáculos. El 4 de marzo, dicha ley habría sido sometida a la consideración del Presidente Otto Pérez Molina. Esta iniciativa buscaría impedir el desarrollo de manifestaciones pacíficas que pudieran entorpecer a la circulación.
08/05/2014
10/03/2014 JAL
ESP 2/2014 Spain
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Racism;
Alegaciones de ataque violento contra la sede de la organización SOS Racismo Madrid. Según la información recibida, en la madrugada del 21 de febrero de 2014 un grupo de individuos violentos sin identificar habría lanzado una bengala al interior de las oficinas de SOS Racismo Madrid y colgado pancartas al exterior del edificio acusando a la ONG de ser “anti-española”. La acción habría sido presuntamente apoyada por el partido sin representación parlamentaria Democracia Nacional. Los autores de la agresión aún no habrían sido identificados.
08/07/2014
11/03/2014 JUA
CIV 1/2014 Côte d'Ivoire
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions;
Allégations d’attaques physiques et menaces de mort contre le personnel d’une organisation non gouvernementale. Selon les informations reçues, entre le 29 décembre et le 25 janvier 2013, les membres d’Alternative-Côte d’Ivoire, une organisation qui milite pour les droits des personnes vivant avec le VIH/Sida et les droits des personnes lesbiennes, gays, bisexuelles, transgenres et intersexuées (LGBTI) en République de Côte d’Ivoire, auraient été victimes d’actes de violences et d’intimidations, y compris de menaces de mort, répétées. Ces actes, et l’inaction de la police, les auraient forcés à suspendre leurs activités.
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14
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/03/2014 JUA
IRN 2/2014 Iran (Islamic Republic of)
Freedom of expression; Human rights defenders; Independence of judges and lawyers; Iran; Violence against women;
Alleged arrest, detention and sentencing to seven years in prison of a student and women’s rights activist. According to the information received, Ms. Maryam Shafipour, a Qazvin University student, was arrested on 27 July 2013. Following her arrest, Ms. Shafipour reportedly spent over two months in solitary confinement and without access to a lawyer. On 2 March 2014, she was sentenced to seven years in prison on charges of “spreading propaganda against the system”, “assembly and collusion against national security”, and “membership of the Advocacy Council for the Right to Education”. Grave concerns are expressed that Ms. Shafipour might have been targeted due to her peaceful and legitimate activities as a student women’s rights activist. Further concerns are expressed about her treatment while in detention and that she was denied access to a lawyer.
11/03/2014 JUA
IRN 3/2014 Iran (Islamic Republic of)
Arbitrary detention; Freedom of expression; Iran;
Alleged forced closure of the newspaper Aseman and the arrest of information technology activists. According to the information received, on 21 February 2014, Tehran media court closed the reformist daily Aseman (Sky) for publishing an article on 18 February 2014, in which a university lecturer criticized qisas (retribution in kind) punishment. On 3 December 2013, authorities also arrested 16 Information Technology activists in Kerman, including Messrs’ Aliasghar Honarmand, Abbas Vahedi, Hossein Nozari, Reza Nozari, Amir Sadeghpour, Mehdi Faryabi, Ehsan Paknejad and Ms. Malieh Nakhei. Of the 16 persons arrested, seven worked for the tech website Narenji.ir and were accused of being in contact with enemy media. Since their arrest, the detainees have been kept in solitary confinement, have had no access to a lawyer and have been subjected to psychological pressure.
05/06/2014
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Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/03/2014 AL
GTM 2/2014 Guatemala
Indigenous peoples;
Alegaciones en relación con el proceso de reparación de los daños sufridos por 33 comunidades indígenas mayas causados por la construcción de la represa hidroeléctrica Chixoy. Según la información recibida, las familias indígenas que fueron desplazadas o que aceptaron ser reasentadas por motivo de la construcción de la represa Chixoy han vivido desde hace más de tres décadas en condiciones de vivienda y salud precarias, con escasos servicios básicos y escasas oportunidades económicas. Estas familias, según la información recibida, han continuado exigiendo las reparaciones acordadas con su Gobierno en el marco del “Plan de Reparación de daños y perjuicios sufridos por las comunidades afectadas por la construcción de la hidroeléctrica Chixoy” de abril de 2010. El Plan de Reparación incluye indemnizaciones de carácter individual y colectivo para las víctimas, además del otorgamiento de tierras, vivienda y servicios sociales, entre otras cuestiones.
06/01/2014
17/03/2014 JUA
MMR 1/2014 Myanmar
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Myanmar;
Alleged arbitrary arrest and detention of a human rights defender. According to the information received, on 11 February 2014, Mr. Thaw Zin, member of the Yangon People’s Support Network and advocate of the rights of people affected by the Letpadaung copper mine in Salingyi Township, was arrested by police officers and brought to Monywa prison. He was charged under four sections of the penal code in relation to several demonstrations he had organised in 2013 against the aforementioned mine. Mr. Thaw Zin was the subject of an earlier communication sent on 2 May 2013, see A/HRC/24/21, case no. MMR 6/2013.
17/07/2014
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16
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
18/03/2014 AL
FRA 1/2014 France
Indigenous peoples;
Les préoccupations relatives aux droits de l’homme liées à l’importation et la vente en France d’éléments du patrimoine culturel considérés comme sacrés par les peuples autochtones des États-Unis. Selon les informations reçues, deux ventes aux enchères publiques organisées par des maisons d’enchères d’art à Paris en 2013 ont tenu des ventes d’objets sacrés pour les autochtones. Des inquiétudes sur le respect des normes internationales des droits de l’homme liées aux droits à la culture et à la religion ont été soulevées par cette question en raison de la nature profondément offensive de l’affichage public et la vente de ces objets sacrés, et parce que la vente aux enchères de ces éléments a été faite sans le consentement ou l’autorisation des peuples autochtones concernés. En outre, des informations ont été reçues à propos de l’incapacité des membres de ces peuples autochtones d’utiliser le système juridique français pour empêcher l’importation et la vente de biens culturels sacrés en France.
24/06/2014
18/03/2014 JAL
KEN 3/2014 Kenya
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Violence against women;
Alleged trend of violent dispersal of peaceful assemblies, repeated arbitrary arrests of peaceful protestors, and reported sexual abuse of a female demonstrator. According to the information received, on 17 February 2014, three police officers from Nairobi’s Huruma police station arrested seven members of Highway Self-Help Group (HSHG), a non-governmental organisation advocating for youth development. These persons were Ms. Sarah Ashina, Mr. George Luvala, Ms. Susan Mutindi, Mr. Alex Kamande, Mr. Francis Gachui, Mr. Steven Muturi and Mr. Peter Mwangi. Allegedly one of the police officer in charge of the arrest of Ms. Ashina, who was eight months pregnant at the time, slapped her in the face and pushed her to the ground. Police officers also reportedly kicked and beat the other six members of HSHG with sticks and guns. Other recent reports include the arbitrary arrests of members of the social movements Bunge la Mwananchi and Bunge la Wamama Mashinani, including Messrs’ Wilfred Olal, Gacheke Gachihi, John Koome and Nelson Mandela, on 13 February 2014, and of Messrs’ Kiptoo Kipkorir John, Wilfred Olal and John Koome on 15 October 2013. A case of sexual abuse of a female demonstrator by a police officer in the course of her arrest was also reported.
21/03/2014
A /H
R C
/27/7217
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
18/03/2014 AL
OTH 1/2014 Other
Indigenous peoples;
Les préoccupations relatives aux droits de l’homme liées à l’importation et la vente en France d’éléments du patrimoine culturel considérés comme sacrés par les peuples autochtones des États-Unis. Selon les informations reçues, deux ventes aux enchères publiques organisées par des maisons d’enchères d’art à Paris en 2013 ont tenu des ventes d’objets sacrés pour les autochtones. Des inquiétudes sur le respect des normes internationales des droits de l’homme liées aux droits à la culture et à la religion ont été soulevées par cette question en raison de la nature profondément offensive de l’affichage public et la vente de ces objets sacrés, et parce que la vente aux enchères de ces éléments a été faite sans le consentement ou l’autorisation des peuples autochtones concernés. En outre, des informations ont été reçues à propos de l’incapacité des membres de ces peuples autochtones d’utiliser le système juridique français pour empêcher l’importation et la vente de biens culturels sacrés en France.
18/03/2014 AL
OTH 2/2014 Other
Indigenous peoples;
Les préoccupations relatives aux droits de l’homme liées à l’importation et la vente en France d’éléments du patrimoine culturel considérés comme sacrés par les peuples autochtones des États-Unis. Selon les informations reçues, deux ventes aux enchères publiques organisées par des maisons d’enchères d’art à Paris en 2013 ont tenu des ventes d’objets sacrés pour les autochtones.. Des inquiétudes sur le respect des normes internationales des droits de l’homme liées aux droits à la culture et à la religion ont été soulevées par cette question en raison de la nature profondément offensive de l’affichage public et la vente de ces objets sacrés, et parce que la vente aux enchères de ces éléments a été faite sans le consentement ou l’autorisation des peuples autochtones concernés. En outre, des informations ont été reçues à propos de l’incapacité des membres de ces peuples autochtones d’utiliser le système juridique français pour empêcher l’importation et la vente de biens culturels sacrés en France.
06/05/2014
A /H
R C
/27/72
18
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
20/03/2014 JUA
LKA 3/2014 Sri Lanka
Arbitrary detention; Disappearances; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Internally displaced persons;
Alleged arbitrary arrest and detention of three human rights activists. According to the information received, on 13 March 2014, Ms. Balendran Jayakumari, a human rights activist working on the issue of enforced disappearances in Sri Lanka, and her 13- year-old daughter, were arrested in Kilinochchi by soldiers on suspicion of sheltering a fugitive. A 16-day detention order was subsequently issued against Ms. Jayakumari under the Prevention of Terrorism Act (PTA), and her daughter was handed to a childcare institution. Ms. Jayakumari was reportedly physically assaulted by the soldiers. On 16 March, Mr. Ruki Fernando and Rev. Praveen Omi, two human rights defenders, were arrested by officers from the Terrorist Investigation Division in Kilinochchi while looking into the arrests that were made on 13 March. They were detained and questioned under the PTA and afterwards transferred to Vavunia, and then Colombo, for further questioning. On 19 March, both men were released without condition. Reportedly, the police announced that Mr. Fernando, and possibly Rev. Praveen Omi, will be the subject of further investigations. Serious concerns are expressed that the arrest and detention of Ms. Jayakumari, Mr. Fernando and Rev. Praveen Omi may be linked to their legitimate human rights activities.
21/03/2014 JUA
LKA 4/2014 Sri Lanka
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Allegations of reprisals on State television against 24 civil society organizations for submitting a report to the Human Rights Council. According to the information received, on 6 March 2014 at 9 p.m., in its English News Bulletin, the State controlled Sri Lanka Rupavahini (TV) Corporation accused 24 civil society organizations of having issued the ‘Joint Civil Society Memorandum to the Human Rights Council and the International Community’. As the news item was read, the full names and pictures of the leaders of nine of these organizations were shown on the screen along with the names of the civil society organizations that they were affiliated with. Grave concern is expressed that the 24 NGOs might have been targeted due to their legitimate interaction with the United Nations and its human rights mechanisms. Further concerns are expressed regarding the physical and psychological integrity of the persons whose names were listed in the News Bulletin. Concerns are also expressed with regards to the use of media to defame human rights defenders in Sri Lanka.
A /H
R C
/27/7219
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
21/03/2014 JUA
VNM 3/2014 Viet Nam
Adequate housing; Cultural Rights; Freedom of religion; Minority issues;
Alleged forced eviction of the residents of the Con Dau village, near Da Nang city, in Central Viet Nam. According to the information received, in 2007, the local government of Da Nang city announced a plan to expropriate the Con Dau village. The land was leased to a private company to build an eco-resort. Compensation was poor and the request of the parishioners to be resettled near their church was rejected twice. By 2013, hundreds of residents had moved under threats and harassment or after their homes had been forcefully demolished. The company stopped its project and began selling its land use rights by lots to private buyers. On 7 March 2014, the local government of Da Nang city gave a deadline to a remaining hundred households to give up their land and move out by 15 April 2014. Concerns are expressed that the forced eviction of the residents of Con Dau violates international human rights standards and seriously disrupts the cultural and religious life of the community.
23/05/2014
24/03/2014 JUA
DZA 1/2014 Algérie
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Allégations concernant des restrictions indues à la liberté d’opinion et d’expression dans la période pré-électorale en Algérie. Selon les informations reçues, la chaîne de télévision privée Al Atlas TV aurait été fermée et du matériel audiovisuel aurait été perquisitionné, suite à la diffusion d'information sur des manifestations et protestations en vue des élections présidentielles d’avril 2014 en Algérie. Des allégations sont également exprimées quant aux possibles accusations et procédures judiciaires ouvertes à l’encontre de journalistes, dont M. Hafnaoui Ghoul, directeur éditorial et de l’information de la chaîne Al Atlas TV.
A /H
R C
/27/72
20
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
24/03/2014 JUA
IRN 4/2014 Iran (Islamic Republic of)
Freedom of expression; Health; Iran; Torture;
Alleged denial of medical treatment by prison authorities of a blogger who has been imprisoned since 2010. According to the information received, Mr. Mohammed Reza Pourshajari, also known by his pen name Siamak Mehr, faces a very high risk of dying in detention after having had a heart attack and suffering from prostate disease, kidney stones, high sugar levels, disc problems, breathing problems and high blood pressure. Mr. Pourshajari has reportedly been denied access to life-saving medical treatment including heart surgery and prison authorities have allegedly prevented doctors from performing an angiogram requested by prison doctors and also denied his request for furlough to seek medical assistance outside prison. Prison physicians have reportedly determined that he is not fit to serve his sentence and is in urgent need of specialized medical treatment. Mr. Pourshajari was the subject of an earlier communication sent on 10 July 2013, see A/HRC/25/74, case no. IRN 11/2013.
30/06/2014
24/03/2014 JAL
MEX 1/2014 México
Summary executions; Torture;
Alegaciones de tortura y posterior ejecución extrajudicial del Sr. Florencio Rojas Aguilar. Según la información recibida, el Sr. Florencio Rojas Aguilar habría ejercido como tesorero del Ayuntamiento de Cochoapa el Grande a partir de enero de 2004, y habría sido despedido ocho meses después de tomar posesión de su cargo. Tras el despido, el Sr. Rojas habría interpuesto una demanda laboral al ayuntamiento de Cochoapa el Grande en 2007Se alega que el Sr. Rojas habría recibido amenazas de muerte con motivo de su demanda laboral. El 5 de febrero de 2011, el Sr. Rojas, habría estado tomando un refresco en la Ciénaga, comunidad de Cochoapa el Grande, cuando habrían llegado buscándolo varias patrullas de la policía municipal preventiva del mismo municipio. Según la información recibida, la policía municipal preventiva habría detenido al Sr. Florencio Rojas, lo habrían ingresado a golpes en el Palacio Municipal de Cochoapa el Grande, y seguidamente habría sido torturado por trece elementos de la policía municipal preventiva hasta la muerte.
A /H
R C
/27/7221
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/03/2014 JAL
BGD 2/2014 Bangladesh
Disappearances; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Allegations of harassment, intimidation and surveillance of human rights defenders and persons associated with them, and alleged undue restrictions on the right to freedom of association. According to the information received, Mr. Adilur Rahman Khan, Secretary of Odhikar, a human rights non-governmental organization, his family members and colleagues have been followed since October 2013, when Mr. Adilur Rahman was released on bail. Since January 2014, two individuals associated with Mr. Khan have been allegedly beaten and threatened by police officers from the Detective Branch. Additionally, according to the source, 50 percent of the funds of Odhikar have been held up by the NGO Affairs Bureau which has resulted in financial difficulty for the organization.
25/03/2014 JUA
MEX 2/2014 México
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Presuntas amenazas de muerte, detenciones y agresiones contra integrantes de la Unión Cívica Democrática de Barrios Colonias y Comunidades (UCIDEBACC). Según la información recibida, la Sra. Eva Lucero Rivero Ortiz recibió varias amenazas de muerte entre los meses de febrero y marzo de 2014. En febrero de 2014, las Sras. María Dolores Merino Ortiz, Reina Clavel Tapia y Cinthia Narciso Bernal fueron golpeadas por la policía durante una manifestación pacífica. Los Sres. Librado Baños Rodríguez, Felipe Rojas y Teófilo García fueron detenidos entre agosto y septiembre 2013. Se expresa grave preocupación por la integridad física y psicológica de los integrantes de UCIDEBACC.
06/07/2014
25/03/2014 JAL
ESP 3/2014 Spain
Disappearances; Independence of judges and lawyers; Terrorism; Torture; Truth, justice, reparation & guarantees on non-rec;
Alegaciones relativas a la adopción de la Ley Orgánica 1/2014, de 13 de marzo, que modifica la Ley Orgánica 6/1985, de 1 de julio, del Poder Judicial, relativa a la justicia universal, y que restringiría la aplicabilidad del principio de jurisdicción universal por los tribunales españoles.
08/07/2014
A /H
R C
/27/72
22
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/03/2014 UA
THA 1/2014 Thailand
Freedom of expression;
Allegations in relation to the decision concerning the expulsion from Thailand of a Saudi national, living with his Thai wife and child in the country, following his conviction for defamation. According to the information received, on 17 December 2010, a complaint was filed stating that Mr. Ibrahim Fahad A. Alsubaie, had posted a message online about the health condition of the King of Thailand. On 28 March 2012, the Bangkok South Criminal Court sentenced him to imprisonment, under article 112 of the Criminal Code and article 14(2) and 14(3) of the Computer Crime Act. On 22 January 2014, Mr. Alsubaie was granted Royal Pardon and later released on bail. However, on the same date, the Immigration Bureau issued a legal notification indicating his expulsion from the country, in accordance with the Immigration Act. Mr. Alsubaie was not adequately informed of his rights to appeal this decision. Mr. Alsubaie was one of the subjects of a previous communication sent on 14 December 2012, A/HRC/23/51, case no. THA 13/2012.
26/03/2014 JUA
VNM 4/2014 Viet Nam
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Human rights defenders; Violence against women;
Allegations of harassment and assault of a human rights defender and his wife, and the ongoing detention of three of his friends. According to the information received, on 9 February 2014, Mr. Nguyen Bac Truyen’s house was raided by around 100 police officers. Mr. Nguyen was beaten by the police, his belongings were confiscated and he was transferred to Chi Hoa prison in Ho Chi Minh City. Mr. Nguyen was released the following day. On 11 February 2014, a group of 21 colleagues and friends of Mr. Nguyen went to visit his family. All 21 individuals were arrested by the police. On 13 February, 18 of the individuals were released, while Ms. Bui Thi Minh Hang, Ms. Nguyen Thi Thuy Quynh, and Mr. Nguyen Van Minh are still in detention. On 24 February 2014, Mr. Nguyen Bac Truyen and his wife were on their way to a meeting at a diplomatic mission when they were brutally attacked by four undercover police officers.
30/05/2014
A /H
R C
/27/7223
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/03/2014 JAL
AUS 1/2014 Australia
Health; Mercenaries; Migrants; Summary executions; Torture;
Allegations concerning the indefinite detention of asylum seekers, the detention of children, the detention conditions and the violent response to protests against these conditions. According to the information received, at the end of January 2014, asylum seekers at the Manus Island Regional Processing Centre staged protests about their conditions. On17 and 18 February 2014, protests violently escalated in the Manus Island Regional Processing Centre. The G4S security guards (the private company providing security at the detention facility) allegedly responded with excessive use of force when protests escalated. It is alleged that the Papua New Guinea police responded with gun fire. This left one man dead and at least 53 asylum seekers injured. The Manus Island Regional Processing Centre is a closed detention centre which was set up pursuant to the adoption of the Regional Resettlement Arrangement in 2013 between Australia and Papua New Guinea.
26/05/2014
27/03/2014 UA
LBY 1/2014 Libya
Torture;
Alleged torture and ill-treatment during interrogation in the “Al-Habdha” correction and rehabilitation institution in Tripoli, Libya. According to the information received, on 5 March 2014, Mr. X was arrested in a neighbouring country, where he had sought refuge, and consequently extradited to Libya on 6 March 2014. It is reported that Mr. X is detained in the Al-Habdha Correction and Rehabilitation Institution in Tripoli where he has been subjected to torture during interrogation.
02/06/2014
27/03/2014 JUA
MAR 1/2014 Maroc
Arbitrary detention; Freedom of expression; Torture;
Allégations de détention arbitraire au Maroc d’une citoyen omanais et risque l’extradition imminente vers le Sultanat d’Oman. Selon les informations reçues, depuis 19 janvier 2014, M. Mohammed Rashid Eid Al Hashimi, un homme d’affaires et citoyen omanais, était détenu arbitrairement au Maroc où il risquait l’extradition imminente vers le Sultanat d’Oman. M. Al Hashimi était détenu sur la base d’un mandat d’arrêt international qui a été examiné par les autorités judiciaires de plusieurs pays respectifs et a abouti à sa libération en Allemagne et en Algérie. En outre, les multiples procédures judiciaires engagées par les autorités du Sultanat d’Oman contre M. Al Hashimi relève de l’acharnement judiciaire de la part et à l’instigation des plus hautes autorités du pays.
22/04/2014
A /H
R C
/27/72
24
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/03/2014 JAL
PNG 2/2014 Papua New Guinea
Health; Mercenaries; Migrants; Summary executions; Torture;
Allegations concerning the indefinite detention of asylum seekers, the detention of children, the detention conditions and the violent response to protests against these conditions. According to the information received, at the end of January 2014, asylum seekers at the Manus Island Regional Processing Centre staged protests about their conditions. On17 and 18 February 2014, protests violently escalated in the Manus Island Regional Processing Centre. The G4S security guards (the private company providing security at the detention facility) allegedly responded with excessive use of force when protests escalated. It is alleged that the Papua New Guinea police responded with gun fire. This left one man dead and at least 53 asylum seekers injured. The Manus Island Regional Processing Centre is a closed detention centre which was set up pursuant to the adoption of the Regional Resettlement Arrangement in 2013 between Australia and Papua New Guinea.
27/03/2014 JUA
LKA 5/2014 Sri Lanka
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged threats made against a human rights defender during the Human Rights Council session. According to the information received, on 21 March 2014, Mr. Visuvalingam Kirupaharan, the General Secretary of Tamil Human Rights Centre, attended a side-event about human rights in Sri Lanka at the Human Rights Council where he actively participated in a debate. After the side-event, Mr. Kirupaharan was told by a journalist that if he returned to Sri Lanka, he would “be imprisoned or face consequences”. The journalist further threatened Mr. Kirupaharan that pictures of him would be published in newspapers in Sri Lanka. Concerns are expressed at the use of the media in Sri Lanka in defaming individuals who legitimately interact with the United Nations and its human rights mechanisms. Serious concern is expressed at these new acts of intimidation against Mr. Kirupaharan, which seem to form part of a campaign against him. Mr. Kirupaharan was the subject of an earlier communication sent on 11 August 2011, see A/HRC/19/44, case no. LKA 3/2011.
10/07/2014 24/07/2014
A /H
R C
/27/7225
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/03/2014 JAL
TUR 3/2014 Turkey
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged restrictions on the right to freedom of expression and opinion in the context of political debate and electoral processes in Turkey. According to the information received, on 20 March 2014, authorities blocked access to microblogging through Twitter and threatened to block access to other social media sites and Youtube, allegedly due to the publication of information criticizing the Government, in the context of Municipal elections which took place on 30 March. Reportedly, despite a temporary injunction decision on 26 March by an administrative court in Ankara ordering the telecommunication authorities to restore access to Twitter, the website remained blocked. It is also alleged that national legislation, namely Law No. 5651 (2007) and Law 6518 (2014), imposes undue restrictions to internet access and the right to freedom of expression and opinion.
23/04/2014
27/03/2014 AL
USA 6/2014 United States of America
Mercenaries;
Alleged risk of violation of the right to a remedy. According to the information received, Mr. Taha Yaseen Arraq Rashid, Mr. Asa’ad Hamza Hanfoosh Al-Zuba’e and Mr. Suhail Najim Abdullah Al Shimari, were prevented from travelling to the U.S. to participate in their lawsuit against a private military contractor concerning alleged torture and ill-treatment at Abu Ghraib in Iraq. The three men were all granted visas to travel to the U.S. on a flight scheduled for 15 March 2013, but were informed right before departure that the U.S. authorities would not permit them to board the flight. The three men risked the dismissal of their case if they were unable to appear for deposition in the U.S. The case was subsequently dismissed in June 2013 on the basis that the court did not have jurisdiction as the alleged abuses occurred overseas. Concerns are raised at the risk of violation of the right to a remedy due to the three men being prohibited from boarding their flight to participate in their lawsuit and at the subsequent dismissal of their case. Further questions are raised concerning the court decision on which the case dismissal was based. An earlier communication dated 31 May 2013 was transmitted to the U.S. Government to which no response was received.
A /H
R C
/27/72
26
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
28/03/2014 JAL
MYS 2/2014 Malaysia
Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Minority issues;
Alleged arbitrary arrest and persecution of several members of the Shi’a Muslim minority community in Malaysia for their religious belief. According to information received, on 8 March 2014, Mr. Mohd Kamilzuhairi Abd Aziz, a local leader of Malaysian Shi’a Muslims, together with 113 other individuals, including Messrs’ Abdullah Hassan, Mohammad Ridzuan, Abdul Manap Abdul Hamid, Idris Mat Desa, Abu Bakar Ahmad, Abdullah Isa and Ms. Nur Azah Binti Abdul Halim, and other women and children, were arrested by the Perak’s Islamic Religious Affairs Department and the police, while they attended the commemoration of a religious celebration. Serious concern is expressed that the arrests may be part of a crackdown on, and persecution of members of, the Shi’a Muslim community in Malaysia, which has been allegedly ongoing since adoption of a 1996 fatwa by the Fatwa Committee of the National Council for Islamic Affairs that describes Shi’ism as a “deviant ideology”.
28/03/2014 JAL
NGA 2/2014 Nigeria
Summary executions; Torture;
Alleged attacks on grounds of actual or perceived sexual orientation, and police inaction with regards to these attacks. According to the information received, a group of men were attacked by another group of individuals on 12 and 13 February 2014 in Gishiri village, Abuja, on the grounds of their actual or perceived sexual orientation. It is alleged that the attacked men were threatened with death, severely injured and robbed. While some of the attacked men were taken to the police stations in Gishiri and Mabushi, they were reportedly also insulted and beaten by the police, as well as interrogated about their sexuality. Reportedly, the police have not investigated these attacks. Grave concern is expressed at the allegations of ill-treatment amounting to torture, and the death threats made against these men, as well as at the alleged failure of the authorities to investigate, prosecute and punish the perpetrators of those acts.
A /H
R C
/27/7227
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
31/03/2014 JUA
BHR 3/2014 Bahrain
Arbitrary detention; Health; Independence of judges and lawyers; Torture;
Alleged torture and ill-treatment of a minor, use of confessions extracted under duress during court proceedings and denial of medical treatment in Jaw prison, Bahrain. According to the information received, on 23 July 2012, Mr. X, a national of Bahrain, born in 1997, was arrested by security forces of the Ministry of Interior following clashes in Bilad al-Qadeem. Mr. X was 15 years old at the time of his arrest. During interrogation, he was reportedly blindfolded, handcuffed and forced to lie on the floor without moving, sitting or sleeping. It is alleged that the security officers were trying to extract a confession from Mr. X. Subsequently, it is reported that the criminal court relied on evidence that had been extracted under duress and refused to investigate the allegations of torture and ill-treatment as petitioned by Mr. X’s lawyer. On 4 April 2013, the court sentenced Mr. X to 10 years imprisonment for burning a police vehicle. It is further reported that Mr. X is currently detained in Jaw prison and does not have access to the medical treatment and physiotherapy that he needs for medical conditions he suffers from.
27/05/2014
31/03/2014 JAL
COL 4/2014 Colombia
Health; Indigenous peoples;
Alegaciones sobre los presuntos efectos nocivos de la reanudación de los riegos químicos aéreos (fumigaciones) de cultivos ilícitos en Colombia. Según la información recibida,, el día 15 de febrero de 2014, el Gobierno de Colombia planeaba reanudar las campañas de riegos de cultivos de coca. Informes de expertos ya habrían expresado su preocupación previamente sobre esta práctica, alegando que causa impactos perjudiciales significativos en la salud y en la seguridad alimenticia de los campesinos y pueblos indígenas. En particular, según la información recibida, dichas fumigaciones contaminan las fuentes agua potable para de uso personal y doméstico, poniendo en riesgo la salud de estas poblaciones.
24/06/2014 30/06/2014
31/03/2014 JUA
CYP 1/2014 Cyprus
Arbitrary detention; Migrants;
Alleged arbitrary detention of asylum seekers. According to the information received, the asylum claims of Messrs’ X, Y, Z and A, asylum seekers from the Islamic Republic of Iran, have been rejected by the authorities of Cyprus. They have all been detained for more than 18 months in Menoyia Police Detention Centre, where they live in cramped conditions with eight detainees sharing one room of 18 square metres. On 3 March 2014, Mr. X reportedly started a hunger strike to protest against the arbitrary practice of long detention of rejected asylum seekers, which allegedly is based on racist and xenophobic prejudices by the immigration authorities.
A /H
R C
/27/72
28
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
31/03/2014 JUA
IRN 5/2014 Iran (Islamic Republic of)
Arbitrary detention; Independence of judges and lawyers; Iran; Summary executions; Torture;
Alleged risk of imminent executions in contravention of international standards. According to the information received, Mr. Ali Chebeishat and Mr. Sayed Khaled Mousawi, both members of the Ahwazi Arab minority community in the Islamic Republic of Iran, are at risk of imminent execution. After their arrest on 10 November 2012 along with Mr. Salman Chayan, both individuals were sentenced to death by the Ahwaz Revolutionary Court on charges of Moharebeh (enmity against God) for their alleged roles in the explosions of a gas pipeline and a train transporting oil in October 2012, which is not in violation of the most serious crimes provision under international law. All three defendants were reportedly held in incommunicado detention, tortured and forced to confess, as well as denied access to a lawyer. On 18 March 2014, their families were reportedly informed about the defendants’ transfer from Dezful Prison to an undisclosed location, in preparation for their executions.
31/03/2014 JUA
PHL 2/2014 Philippines
Business enterprises; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions; Violence against women;
Allegations of a series of killings, attempted killings and death threats against indigenous leaders, peasant leaders and environmental activists in the Philippines. According to the information received, Mr. Gilbert Paborada was killed on 3 October 2012, after he had received a number of death threats. On 19 October 2013, at around 2 p.m., Ms. Elisa Lascoña Tulid and her family were shot at. Ms. Tulid died from the wounds she sustained, while her family members survived the attack. On 1 December 2013, Mr. Rolen Langala was killed. On 3 January 2014, Mr. Marcelo Monterona was killed. On 5 February 2014, Mr. Julieto Lauron and Ms. Nermie Lapatis were shot. Mr. Lauron died instantaneously, while Ms. Lapatis survived the attack. Mr. Sixto V. Bagasala Jr. was killed on 15 February 2014. Grave concern is expressed that these violent attacks might have been linked to their peaceful and legitimate work in defending human rights in the Philippines.
A /H
R C
/27/7229
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
31/03/2014 JAL
RUS 4/2014 Russian Federation
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers; Torture;
Alleged torture in detention of a human rights activist and stigmatisation of his lawyer. According to information received, Mr. Ruslan Kutayev, the former deputy Prime Minister of the Chechen Republic and head of the Assembly of Peoples of the Caucasus, was arrested on 20 February 2014 and allegedly tortured while in detention. On 25 February, the current head of the Chechen Republic allegedly launched a verbal attack in the Public Chamber of Chechnya against Mr Kutayev and his lawyer, Mr. Igor Kalyapin, which was repeatedly broadcasted on State television channel Vainakh later that day. Concern is expressed at the implications of this broadcast, and the physical and psychological integrity of Mr Kutayev and Mr Kalyapin.
14/07/2014
31/03/2014 JAL
VNM 5/2014 Viet Nam
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged denial for a journalist to travel to Geneva to participate in a side-event at the Human Rights Council in connection with the Socialist Republic of Viet Nam’s Universal Periodic Review. According to the information received, Mr. Pham Chi Dung, a journalist, writer and independent analyst, was invited to speak about the role of NGOs in promoting human rights in Viet Nam at a side-event titled “With Membership Comes Responsibility: Ensuring Human Rights in Viet Nam” organized by a coalition of Viet Namese NGOs at the Human Rights Council on 4 February
2014. On 1 February 2014, Mr. Pham Chi Dung was stopped at the Ho Chi Minh International Airport and prevented from boarding his flight to Geneva. He was interrogated and his passport and mobile phone were confiscated. Mr. Pham Chi Dung’s passport has still not been returned to him. Serious concern is expressed at apparent restrictions, including the imposition of travel bans, being carried out against citizens and human rights defenders seeking to engage in public affairs and communicate with the United Nations and its human rights mechanisms.
11/07/2014
A /H
R C
/27/72
30
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
01/04/2014 JAL
BIH 2/2014 Bosnia and Herzegovina
Disappearances; Truth, justice, reparation & guarantees on non-rec;
The communication addresses the situation surrounding the decision of the Constitutional Court of Bosnia and Herzegovina of 22 October 2013 ordering the quashing of the verdicts in the cases of ten individuals convicted of war crimes against civilians and genocide, following the decision of the European Court of Human Rights (ECtHR) in the case of Maktouf and Damjanovic vs. Bosnia and Herzegovina. Concerns are raised as to the legal developments in Bosnia and Herzegovina following the domestic application of this ECtHR judgement, specifically about the following issues: 1) the apparent automatic application of the aforementioned ECtHR judgment in at least a dozen cases in Bosnia and Herzegovina in contravention of the actual ruling of the same judgment; 2) the release of the defendants, guilty of genocide and war crimes against civilians, without remand pending re-trial, and its impact on the protection of victims from violence, re-victimization and intimidation; and 3) the lack of a comprehensive transitional justice strategy to complement the criminal justice process in the country.
01/04/2014 JUA
CHN 3/2014 China (People's Republic of)
Arbitrary detention; Disappearances; Freedom of expression; Human rights defenders; Torture;
Alleged incommunicado detention of a human rights lawyer. According to the information received, Mr. Gao Zhisheng, who has been detained for several years, was last seen by his family on 12 January 2013 during the last permitted family visit at Shaya prison in Xinjiang Province. Reportedly, he has since then been held incommunicado. It is alleged that despite formal requests and inquiries, no explanation has been given regarding his fate and whereabouts. Mr. Gao has been the subject of several previous communications sent on 25 November 2005, see E/CN.4/2006/95/Add.1, para. 90, 21 December 2005, 30 November 2006 and 1 December 2006, see A/HRC/4/37/Add.1, para. 141, 157 and 158, 28 September 2007, see A/HRC/7/28/Add.1, para. 376-379, 12 February 2009, see A/HRC/13/22/Add.1, para. 310-313; and 23 March 2010, see A/HRC/16/52/Add.1, para. 21. He was also the subject of Opinion No. 26/2010 (People’s Republic of China) of the Working Group on Arbitrary Detention.
30/05/2014
A /H
R C
/27/7231
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/04/2014 JUA
HND 2/2014 Honduras
Freedom of peaceful assembly and of association; Human rights defenders; Summary executions;
Presunto atentado contra la vida de la Sra. María Santos Domínguez y ataque contra su hijo de 12 años de edad. Según la información recibida, el 5 de marzo de 2014, la Sra. Santos Domínguez y su familia fueron atacados por un grupo de siete individuos con palos, piedras y machete y recibieron graves heridas. La Sra. Santos Dominguez es integrante del Consejo Cívico de Organizaciones Indígenas y Populares de Honduras (COPINH), una organización que trabaja por la defensa del Río Gualcarque y del territorio Lenca y que se opone al proyecto hidroeléctrico Agua Zarca. Copinh fue objeto de una comunicación al Gobierno de Honduras el 28 de agosto de 2013, vea A/HRC/25/74, caso HND 4/2013, debido al asesinato de algunos de sus miembros, y de amenazas contra otros. Se expresa grave preocupación por la integridad física y psicológica de la Sra. Santos Domínguez y de su familia.
02/04/2014 JUA
SAU 4/2014 Saudi Arabia
Arbitrary detention; Independence of judges and lawyers; Migrants; Summary executions; Torture; Violence against women;
Alleged risk of imminent execution of a migrant worker in violation of international human rights law. According to the information received, Ms. Satinah Binti Jumadi Ahmad, a 41-year-old migrant worker from Indonesia, is at risk of imminent execution in Saudi Arabia. She was reportedly sentenced to death in 2010 for the murder of her employer. The defendant claimed however that the killing had occurred in self-defence and after months of abuse by her employer. It is unclear to what extent the circumstances surrounding the killing committed by Ms. Ahmad were considered during the trial against her. Ms. Ahmad is reported to risk execution as of 3 April 2014, if compensation is not paid to the family of the employer. Reportedly, the death penalty is used disproportionately against foreign nationals in Saudi Arabia.
A /H
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/27/72
32
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/04/2014 JUA
SWZ 1/2014 Swaziland
Arbitrary detention; Freedom of expression; Human rights defenders; Independence of judges and lawyers;
Alleged arrest and detention of a lawyer and a magazine editor for exercising their legitimate rights to freedom of expression. According to the information received, Mr. Thulani Maseko, a prominent human rights lawyer, was arrested on 17 March 2014, and Mr. Bheki Makhubu, editor of The Nation magazine, was arrested on 18 March
2014. Both men were charged with “contempt of court” for allegedly authoring articles published in the Nation questioning the circumstances and rationale of a case pending before the High Court and raising concerns about the judiciary. On 18 March, Messrs’ Maseko and Makhubu were remanded into custody by the Chief Justice, and on 25 March and 1 April, the High Court reportedly prolonged their detention pending trial for another 7 days. Mr. Maseko was the subject of an earlier communisation sent on 12 June 2009, see A/HRC/13/22/Add.1, para. 2134-2138.
02/04/2014 JAL
TZA 1/2014 United Republic of Tanzania
Indigenous peoples; Mercenaries; Torture;
Alleged beatings of three Maasai pastoralists of Sukenya Village, an area subject to ongoing dispute regarding access. According to the information received, Sukenya Farm constitutes the ancestral territory of Maasai pastoralists from both Sukenya and Mondorosi villages. The land has been traditionally used by these pastoralists for grazing livestock, accessing important water sources and for moving between villages and sub-villages. Since 2006, the Maasai have not been able to access this land and resources freely as Sukenya Farm’s leasehold was sold by Tanzania Breweries Limited (TBL) to Tanzania Conservation Limited (TCL) for tourism purposes. TCL is owned by a locally incorporated company called Thomson Safaris Company (TSC). Thomson Safaris is a subsidiary of Wineland-Thomson Adventures Inc. based in Boston, United States of America. It is alleged that in the past years, agents and employees including private security guards of Thomson Safaris have been exerting pressure on Maasai pastoralists to leave the Sukenya Farm area. Maasai pastoralists are alleged to have been subjected to forcible evictions, beatings (including Munjaa son of Musa, Kendo son of Maiwa, and Naboye Ngukwo of Sukenya Village), and arrests and detentions when they have attempted to access Sukenya Farm.
A /H
R C
/27/7233
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
03/04/2014 JAL
CHN 4/2014 China (People's Republic of)
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Allegations of intimidation and reprisals against the daughter of a pro-democracy activist prior to the scheduled adoption of the report of the second Universal Periodic Review of the People’s Republic of China. According to the information received, on 18 March 2014, Ms. Ti-Anna Wang made a presentation under Agenda Item 4 of the 25th session of the Human Rights Council, regarding the situation of human rights in China and the specific case of her father, Dr. Wang Bingzhang, founder of the overseas Chinese democratic movement. The following day, at approximately 5:00 p.m., prior to the UPR of the People’s Republic of China, an individual wearing a non-governmental organization badge from the China Association for Preservation and Development of Tibetan Culture took photographs of Ms. Ti-Anna Wang, her computer screen and her belongings. Concerns are expressed that intimidation and reprisals against Ms. Ti-Anna Wang might be related to her legitimate activities in interacting with the United Nations and its human rights mechanisms.
03/04/2014 JAL
KEN 4/2014 Kenya
Freedom of expression; Human rights defenders;
Alleged declaration a British journalist, filmmaker and Co-Director of InformAction as a member of the prohibited class and a prohibited immigrant in Kenya. According to the information received, on 12 March 2014, Ms. Lucy Elizabeth Hannan’s presence in Kenya was declared “contrary to national interest” by the High Court of Kenya. Ms. Hannan has been living and working in Kenya for the past 18 years. The reason given was that “confidential security reports indicate that (she) has been engaged in subversive activities against the Kenyan Government”. Furthermore, when Ms. Hannan first informally sought to know the reason why her work permit was being delayed, immigration officials reportedly told her that it was because of her work with Mr. Maina Kiai, Kenyan human rights defender, Co-Director of the human rights organization InformAction and United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association. Serious concerns are expressed that the harassment of Ms. Hannan appears to be linked to her peaceful and legitimate activities advocating for social justice in Kenya alongside Mr. Maina Kiai.
A /H
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/27/72
34
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
03/04/2014 JUA
PAK 4/2014 Pakistan
Disappearances; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions; Torture;
Alleged harassment and intimidation of a human rights defender and his family. According to the information received, Mr. Nasrullah Baloch, Chairman of Voice for Baloch Missing Persons (VBMP), was followed by individuals believed to belong to the Pakistani security forces when he attended a hearing at the Supreme Court in Islamabad. On 28 October 2013, Mr. Baloch’s brother was reportedly beaten and threatened by individuals from State intelligence agencies. It is further reported that in November 2013, Mr. Baloch’s younger brother was allegedly threatened by personnel of State intelligence agencies. Furthermore, a few days after the visit of the Working Group on enforced or involuntary disappearances to Pakistan, which took place in September 2012, Mr. Baloch and the Vice Chairman of the VBMP reportedly were threatened.
04/04/2014
04/04/2014 JAL
BRA 3/2014 Brazil
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Terrorism;
Alleged repression of peaceful protests, limitations on the right of peaceful assembly, interference with the right to freedom of association and allegations of legislation, including draft legislation, which unduly restricts the rights to peaceful assembly and association. According to the information received, on 10 July 2014, protestors Mr. Luana Bernardo Lopes and Mr. Humberto Caporalli were arrested and charged under the Law on National Security 7.170 (1983). Earlier, on 6 February 2014, Mr. Santiago Ilído, a media worker, was reportedly shot and killed during a protest. In addition, a number of terrorism related laws and draft laws allegedly impose undue restrictions on the rights to associate freely, express opinions, and assemble peacefully, including by defining terrorism too broadly or not defining it at all. A previous communication on the same matter was sent on 27 June 2013, see A/HRC/25/74, case no. BRA 3/2013. Another related communication on the Xingu Vivo association was sent on 7 May 2013, see A/HRC/24/21, case no. BRA 1/2013.
A /H
R C
/27/7235
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/04/2014 JAL
GTM 3/2014 Guatemala
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Presuntas agresiones y detenciones de integrantes de la organización Comité de Desarrollo Campesino (CODECA). Según la información recibida, entre el 10 y el 15 de marzo de 2014, fueron detenidos varios miembros de CODECA en conexión con su oposición a la ejecución del Plan de Expansión del Sistema de Transporte, de Energía Eléctrica y Plan de Electrificación Rural. Asimismo, miembros del Gobierno y el Presidente de la República habrían acusado a CODECA de robo de energía eléctrica y lavado de dinero; y además habrían pedido públicamente la captura de sus dirigentes. El 31 de enero de 2012, CODECA fue sujeto de una carta de alegación enviada (ver A/HRC/20/30, caso no. GTM 1/2012). Se expresa preocupación por la integridad física y psicológica de integrantes de CODECA y por las alegaciones de que las agresiones y detenciones pudieran estar relacionadas con sus actividades de promoción y protección de los derechos de las poblaciones campesinas e indígenas.
07/04/2014 JAL
THA 2/2014 Thailand
Business enterprises; Migrants; Slavery; Trafficking;
Alleged trafficking of migrant workers for the purpose of labour exploitation and debt bondage at Vita Food Factory and Natural Fruit Factory. According to the information received, Vita Food Factory and Natural Fruit Factory have confiscated migrant workers identification documents and work permits and have been holding them in debt bondage with the complicity of labour brokers. It is also reported that migrant workers employed by Vita Food Factory have been made to pay very high documentation and brokers fees to the company and labour brokers who deceived them by using false job advertisements. Both companies allegedly continue to be in violation of Thai labour laws with regard to minimum wages, working hours, entitlement to paid sick leave and conditions of work. Two communications on this subject were previously sent on 14 May 2012, see A/HRC/21/49, case no. THA 2/2012 and on 26 April 2013, see A/HRC/24/21, case no. THA 4/2013.
A /H
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/27/72
36
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
08/04/2014 JUA
CHN 5/2014 China (People's Republic of)
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Allegations of ongoing arbitrary detention and prolonged solitary confinement of a pro-democracy activist and his deteriorating health while in detention. According to the information received, Dr. Wang, a pro-democracy activist and founder of the overseas Chinese democratic movement, has had three strokes while in detention. He also suffers from severe hay fever, phlebitis and asthma. Furthermore, his mental health and psychological well-being have deteriorated dramatically. Allegedly, Dr. Wang is only allowed one family visit a month for 30 minutes. However, for the past years, Dr. Wang’s wife, daughter and sister, who are all Canadian citizens, have allegedly not been able to obtain visas to travel to China to visit him. It is also alleged that the letters his family has sent to him have either been censored or confiscated.
19/06/2014
09/04/2014 JUA
MAR 2/2014 Maroc
Arbitrary detention; Health; Independence of judges and lawyers; Torture;
Allégations d’arrestation et de détention arbitraires d’un marocain d’origine sahraouie, de torture et mauvais traitements sur sa personne, et d’absence de soins médicaux appropriés. Selon les informations reçues, M. X a été arrêté le 7 août 2013 sans présentation d’un mandat d’arrêt. Au cours de son arrestation et pendant sa garde à vue de trois jours, il aurait reçu de nombreux coups. Le 19 août 2013, le Tribunal de première instance de Guelmim a condamné M. X à 10 mois de prison, peine que la Cour d’appel d’Agadir a prolongée à un an de prison le 26 septembre 2013, supposément sur la seule base du rapport de l’interrogatoire de police. M. X aurait, à partir du 28 février 2014, intenté une grève de la faim. Malgré son état de santé critique, Mr. X n’aurait pas accès aux soins médicaux.
30/04/2014
09/04/2014 AL
VEN 2/2014 Venezuela
Health;
Presunto deterioro progresivo del sistema público de salud en Venezuela que estaría afectando seriamente al derecho a disfrutar del más alto nivel de salud física y mental, en especial de personas con enfermedades crónicas. Según la información recibida, se estaría produciendo una crisis en el sistema de salud de Venezuela, la cual afectaría a gran parte de una población vulnerable que padece enfermedades crónicas o que necesita trasplantes de órganos, incluidos menores. En los centros médicos habría escasez de medicamentos y de insumos necesarios, así como falta de personal capacitado para el tratamiento de estas enfermedades.
24/06/2014
A /H
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/27/7237
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
10/04/2014 AL
OTH 3/2014 Other
Indigenous peoples;
Concerns over the pejorative connotations of the mascot of the Washington Redskins football team. According to the information received, the term “redskins” is a hurtful reminder for many of the long history of mistreatment of Native American people in the United States of America. The term “redskin” for many is inextricably linked to a history of suffering and dispossession, and should be understood to be a pejorative and disparaging term that fails to respect and honour the historical and cultural legacy of the Native Americans in the United States.
11/04/2014 JUA
AZE 1/2014 Azerbaijan
Freedom of expression; Human rights defenders; Summary executions;
Alleged death threats against a human rights journalist. According to the information received, Mr. Yafez Hasanov has received threats against his life via a Facebook group that was set up in February 2014 in connection with his work. On 24 February 2014, Mr. Hasanov submitted an official complaint to the Minister of Internal Affairs of Azerbaijan and to the Chief Prosecutor, requesting that these most recent threats be investigated. On 20 March 2014, Mr. Hasanov received an anonymous telephone call and was warned that he would be killed if he did not stop his work. Grave concern is expressed that the death threats are related to his work reporting on human rights violations and corruption.
11/04/2014 JAL
HND 3/2014 Honduras
Human rights defenders; Indigenous peoples;
Alegaciones de la situación de las comunidades indígenas lencas afectadas por la construcción del proyecto hidroeléctrico Agua Zarca en la región de Río Blanco, Intibucá. La información recibida señala preocupación sobre la situación de tenencia de la tierra de las comunidades indígenas de Río Blanco; la aprobación del proyecto hidroeléctrico Agua Zarca y su rechazo por miembros de las comunidades de Río Blanco; el inicio de obras relacionadas al proyecto; las protestas en contra del proyecto Agua Zarca y la respuesta del Estado; y las denuncias interpuestas por miembros de las comunidades de Río Blanco en contra del proyecto Agua Zarca.
A /H
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/27/72
38
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/04/2014 JAL
IND 3/2014 India
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Allegations of prosecution of two human rights defenders. According to the information received, on 4 January 2014, Gujarat Crime Branch officials reportedly filed a First Information Report (FIR) against Ms. Teesta Setalvad, Secretary of the Citizens for Justice and Peace (CJP), and Mr. Javed Anand, a civil rights activist and editor of the magazine Communalism Combat, claiming that they had embezzled funds of INR 15,000,000 (approximately USD 251,000) which had been assigned to the construction of a memorial for the 2002 Gulbarg Society Massacre. Grave concern is expressed that the criminal charges brought against Ms. Setalvad and Mr. Anand are due to their peaceful work promoting the human rights of the victims of the Gulbarg Society Massacre. Ms. Setalvad was the subject of a previous communication sent on 28 March 2011, see A/HRC/18/51/Corr.1, case no. IND 5/2011.
11/04/2014 JAL
IDN 1/2014 Indonesia
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged undue restrictions on the exercise of the rights to freedom of peaceful assembly, expression and association of members of the Indigenous People of Biafra (IPB) based in Indonesia. According to the information received, IPB members based in Indonesia intend to hold a peaceful rally on 30 May 2014 to honour the memory of the millions of Biafrans killed during the Biafra-Nigeria war. However, they were not able to obtain permission from the authorities to hold the rally because IPB members are foreign nationals. The authorities informed them that permission could be granted if IPB was registered as an organization under domestic legislation. However, IPB members’ previous attempts to register the organization were unsuccessful.
11/04/2014 JAL
MMR 2/2014 Myanmar
Freedom of peaceful assembly and of association; Human rights defenders; Myanmar;
Alleged undue restrictions of the right to freedom of association as contained in the last version of the draft Law relating to Registration of Organizations. According to the information received, the draft law, which is due to be discussed at the Union Parliament, contains a series of provisions which fail to comply with international human rights norms and standards governing freedom of association. These provisions include restrictive definitions of local and international non-governmental organizations; an overly bureaucratic and politicized registration procedure; unclear criteria for examination of registration applications; an unnecessary requirement to renew registration certificates every five years; and undue barriers to the activities of unregistered organizations.
25/07/2014
A /H
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/27/7239
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/04/2014 JUA
IRN 6/2014 Iran (Islamic Republic of)
Arbitrary detention; Independence of judges and lawyers; Iran; Summary executions; Torture; Violence against women;
Alleged risk of imminent execution in violation of international human rights law. According to the information received, Ms. Rayhaneh Jabbari is at risk of imminent execution by hanging after being convicted of murdering Mr. Morteza Abdolali Sarbandi, a physician and member of the Iranian intelligence services, who allegedly attempted to rape her on 7 July 2007. Ms. Jabbari was arrested on 8 July 2007 and has since then been held in Evin prison in Tehran. She was allegedly tortured until she confessed to the murder. During the trial against her, the defendant reportedly claimed that the killing occurred in self-defence. Ms. Jabbari was reportedly not allowed to be assisted by a lawyer of her own choosing. The first-instance court sentenced her to death, which was later upheld by the Supreme Court.
15/04/2014 JUA
BHR 4/2014 Bahrain
Arbitrary detention; Independence of judges and lawyers; Torture;
Alleged torture and other ill-treatment of a political activist and use of confessions extracted under duress during court proceedings. According to the information received, on 9 January 2014, Mr. Ahmed al-Arab, a 22-year-old nursing student and political activist, was arrested in Hamad town by agents of the Ministry of Interior. During his arrest, Mr. al-Arab was allegedly blindfolded and severely beaten. He was then taken to the public prosecutor’s office where the prosecutor allegedly threatened him with more torture if he did not confess to the charges brought against him. It was reported that during his detention and interrogation at the Criminal Investigation Department, Mr. al-Arab was severely tortured in order to obtain a confession. Mr. al- Arab has not been medically examined and continues to suffer from extreme pain. Mr. al-Arab allegedly remained in incommunicado detention from 9 to 21 January 2014, and for one month, did not have access to family visits or his lawyer. Furthermore, it is reported that although his lawyer was able to attend the court proceedings, Mr. al- Arab was never brought before the court in person.
14/05/2014
A /H
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/27/72
40
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
15/04/2014 JUA
ETH 2/2014 Ethiopia
Arbitrary detention; Independence of judges and lawyers; Terrorism; Torture;
Allegations of arbitrary detention, torture or ill-treatment and violations of the right to a fair trial and due process. According to the information received, Mr. Mohamed Aweys Mudey, a Somali national, was arrested in November 2013 in Ethiopia and accused of possessing information about Al-Shabaab operations and participating in terror activities. In February 2014, he was allegedly found guilty and sentenced to 27 years in prison without having had access to a lawyer or his family. It is reported that Mr. Mudey was tortured during interrogation while detained for four months at the Ethiopia Crimes Investigations Sector. He was allegedly transferred and held at an unknown location designated for terrorists.
16/04/2014 UA
BHR 5/2014 Bahrain
Health;
Alleged denial of medical treatment while in detention to a political activist and member of the main opposition movement. According to the information received, Mr. Hassan Mushaima, age 64 and the Secretary-General of the Haq Democracy Movement, is currently being detained in the Bahrain State Prison. Mr. Mushaima’s health condition has significantly deteriorated, and despite the advice from a medical specialist to carry out a positron emission tomography (PET) scan, he has not received this or any other medical treatment for cancer, including chemotherapy. Despite the repeated requests from Mr. Mushaima’s family, his medical records have not been made available to them for follow-up treatment. Mr. Mushaima is reportedly also suffering from severe eye problems caused by diabetes. In spite of the advice from an independent doctor, who determined that the deterioration of Mr. Mushaima’s eyes requires surgery, the prison authorities allegedly provided him only with eye-drops. Mr. Mushaima has been the subject of five previous communications sent on 16 March 2012, see A/HRC/21/49, case no. BHR 4/2012; on 5 August 2011, see A/HRC/19/44, case no. BHR 17/2011; on 18 and 22 March 2011, see A/HRC/18/51/Corr.1, case no. BHR 4/2011 and BHR 4/2011; and 2 February 2007, see A/HRC/7/28/Add.1, para. 59-60.
14/05/2014
A /H
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/27/7241
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/04/2014 JAL
HND 4/2014 Honduras
Freedom of expression; Human rights defenders; Summary executions;
Alegaciones relativas al asesinato de un comunicador social y colaborador de Radio Progreso en Honduras. Según la información recibida, el Sr Mejía Orellana fue asesinado el 11 de abril por personas desconocidas. Según información recibida, desde mayo de 2011, el Sr. Mejía Orellana era beneficiario, junto con otros 18 colaboradores de esta Radio, de medidas cautelares ordenadas por la Comisión Interamericana de Derechos Humanos otorgadas en relación con amenazas y hostigamiento que estarían relacionados con su trabajo en favor de la defensa de los derechos humanos, en el ejercicio de su derecho a la libertad de expresión. Las alegaciones se refieren a la falta de medidas de protección efectivas y la falta de investigación pronta y exhaustiva en este caso y en otros numerosos actos de violencia, hostigamiento y amenazas en contra de periodistas y defensores de derechos humanos, incluyendo colaboradores de la Radio Progreso.
16/04/2014 JUA
PAK 5/2014 Pakistan
Arbitrary detention; Freedom of religion; Summary executions;
Alleged arbitrary detention, prosecution and death penalty imposed due to practice of religion and in contravention of international law. According to the information received, on 7 March 2013, Mr. Sawan Masih was detained and accused of insulting the Prophet Mohammed. On 27 March 2014, he was sentenced to death on charges of blasphemy, which does not constitute a most serious crime under international law. Mr. Masih was also ordered to pay a fine of 200,000 Pakistani rupees. The defendant repeatedly denied the charges, asserting that the false accusation was made as a result of a property dispute. Serious concern is expressed that the arrest and death sentence imposed against Mr. Masih may be part of what appears to be a growing trend of misuse of blasphemy legal provisions for personal reasons as well as their unfair and disproportionate application against members of minority groups, particularly religious minorities.
16/04/2014
A /H
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/27/72
42
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/04/2014 JUA
ARE 3/2014 United Arab Emirates
Arbitrary detention; Freedom of expression; Health; Human rights defenders; Independence of judges and lawyers; Torture;
Alleged arbitrary arrest, detention, torture and lack of access to medical treatment while in detention of a blogger and human rights defender. According to the information received, on 17 March 2014, Mr. Osama Al-Najjar was arrested without a warrant and transferred to a State Security secret detention centre where he was interrogated and tortured for about four days. Mr. Al-Najjar, who had undergone recent surgery, reportedly suffered from severe haemorrhaging for which he did not receive immediate treatment. Shortly before his transfer to Al-Wathba prison on 21 March, Mr. Al-Najjar was allegedly transferred to a military hospital where he received medical care. Since then he has reportedly not received further medical treatment. It is reported that he did not have access to a lawyer. Serious concerns are expressed for the physical and psychological integrity of Mr. Al-Najjar and that his arrest and detention may be related to his legitimate activities as a human rights defender and his cooperation with the Special Rapporteur on the independence of judges and lawyers. Mr. Al-Najjar is the son of Mr. Hossain Al-Najjar, one of the 94 persons tried in the so-called “UAE 94” case, who was the subject of two previous communications sent on 16 April 2013, see A/HRC/24/21, case no. ARE 1/2013 and on 6 August 2013, see A/HRC/25/74, case no. ARE 4/2013.
13/05/2014
16/04/2014 JUA
UZB 1/2014 Uzbekistan
Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Alleged sentencing of a human rights defender as well as allegations of torture while in detention. According to the information received, on 6 March 2014, a court reportedly sentenced Mr. Tillaev to eight years and eight months of imprisonment on charges of “trafficking in persons”. Mr. Tillaev was previously sentenced to administrative detention on 20 September 2013 and released on 5 October 2013. While in detention, Mr. Tillaev was reportedly tortured. On 2 January 2014, Mr. Tillaev was arrested on the basis of an allegedly invalid arrest warrant. Grave concern is expressed at the severity of this sentence, the reports of torture while in detention, and the alleged lack of due process. Mr. Tillaev is a founding member of the Union of Independent Trade Unions, which works in support of labour migrants.
A /H
R C
/27/7243
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/04/2014 JAL
ARG 1/2014 Argentina
Food; Water and Sanitation;
Alegaciones sobre la falta de acceso a agua potable en las comunidades del oeste de la Pampa. Según la información recibida, se produce la desecación del río Atuel en el Estado de la Pampa con la creación de la represa Nihuil (1947) en el Estado de Mendoza. Desde entonces se llevaron a cabo distintas iniciativas para asegurar que el río Atuel satisfaga las demandas de riego de tierras cultivadas. Asimismo las fuentes informaron del incumplimiento por parte del Estado de Mendoza del acuerdo firmado entre ambos estados que permite a las comunidades de la Pampa disponer de agua potable para sus usos personales y domésticos, y para que puedan desarrollar actividades productivas.
17/04/2014 UA
BHR 6/2014 Bahrain
Freedom of religion;
Alleged religiously-motivated discrimination against the most senior religious leader of the Shi’a Muslim community. According to the information received, on 12 April 2014, Bahraini security officers raided Mr. Hussain Mirza Abdelbaqi Najati’s office and home. On 15 April 2014, Mr. Najati complied with the order to report to the Head of the National Security agency, who interrogated and ordered him to leave the Kingdom of Bahrain for Iraq within 48 hours. He also requested Mr. Najati to hand over his Bahraini passport, as his citizenship had been revoked. Reportedly, Mr. Najati was warned that failure to comply would result in his possible arrest together with his young son. Concern is raised that targeting the most senior and influential Shi’a religious figure in the Kingdom of Bahrain may amount to intimidation and thus discrimination against the entire Shi’a Muslim community in the country. Mr. Najati is one of 31 individuals, whose Bahraini citizenship was revoked on 7 November 2012 by the decision of the Ministry of Interior, and who were the subject of a communication sent on 29 November 2012, see A/HRC/22/67/Corr.2, case no. BHR 12/2012.
A /H
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44
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/04/2014 JUA
EGY 4/2014 Egypt
Arbitrary detention; Independence of judges and lawyers; Torture; Violence against women;
Alleged arrest, detention, conviction and sentencing of four individuals on the sole basis of their sexual orientation and/or gender identity. According to the information received, the four individuals, two of them identifying as male-to-female transgender, were arrested without a warrant at their apartment in Cairo on 1 April 2014. They were allegedly subjected to both physical and sexual violence in detention. They were interrogated by the prosecutor on 2 April 2014 and sentenced on 7 April 2014 to several years in prison on charges related to “debauchery” under Law 10/1961. Concerns are expressed at the allegations of physical and sexual violence while in detention and that the individuals may have been sentenced on the sole basis of their sexual orientation and/or gender identity.
17/04/2014 JUA
IRN 7/2014 Iran (Islamic Republic of)
Arbitrary detention; Health; Human rights defenders; Iran;
Alleged deteriorating physical health of three human rights activists due to denial of medical care in detention. According to the information received, Mr. Abdolfattah Soltani, co-founder of the Defenders of Human Rights Centre, Ms. Maryam Shafipour, a student activist and supporter of the 2009 Green Movement election campaign, and Mr. Shahrokh Zamani, member of the Committee to set up Free Labour Organizations, are facing critical health problems while serving their prison sentences, which require urgent medical treatment. Mr. Soltani and Ms. Shafipour have reportedly been denied medical treatment outside prison despite repeated requests and worsening health conditions. Mr. Zamani, who has been on a hunger strike since 8 March 2014, has reportedly lost 20 kilograms in weight. Ms. Shafipour has been the subject of an earlier communication sent on 11 March 2014, see A/HRC/26/21, case no. IRN 2/2014. Mr. Soltani has been the subject of 14 previous communications of which the most recent were sent on 29 June 2012, see A/HRC/22/67/Corr.2, case no. IRN 14/2012; on 27 March 2012, see A/HRC/21/49, case no. 5/2012; and on 27/09/2011, see A/HRC/19/44, case no. IRN 11/2011.
A /H
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/27/7245
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/04/2014 JAL
KEN 5/2014 Kenya
Migrants; Racism; Terrorism;
Allegations of mass detention of foreigners following Kenya’s policy against terrorism. According to the information received, after recent unidentified terrorist bombings in several places in Kenya, the Government has launched a security operation called operation “Rudisha Usalama”. This security operation resulted in police raids whereby reportedly up to 2000 people were arrested, with several hundreds being transferred to and detained in the Kasarani Stadium in Nairobi and other police stations. It is alleged that these arrests targeted Somali migrants, refugees and asylum-seekers, among them women and children, living in Nairobi.
17/04/2014 JUA
MEX 4/2014 México
Disappearances; Human rights defenders; Independence of judges and lawyers;
Alegaciones de arresto arbitrario y desaparición forzada de un abogado defensor de los derechos humanos. Según las información recibida, el Sr. Marco Antonio Valle Cabañas, un abogado que presentó varios casos contra las fuerzas armadas por desapariciones forzadas, fue arrestado el 22 de marzo de 2014 en su domicilio en la ciudad de Atoyac de Álvarez, estado de Guerrero, por dos hombres armados vestidos de civiles. Los hombres habrían manifestado que pertenecían al gobierno pero no habrían presentado una orden de arresto u otro documento oficial. Se informa que la familia del Sr. Cabañas habría presentado quejas ante varias autoridades estatales y federales sin obtener respuesta alguna sobre el paradero del Sr. Cabañas. Desde el 22 de marzo, la familia del Sr. Cabañas no tiene ninguna información sobre su paradero. Se expresa seria preocupación por la integridad física y psicológica del Sr. Cabañas.
22/07/2014
A /H
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46
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/04/2014 JUA
VNM 6/2014 Viet Nam
Freedom of expression; Freedom of religion; Health; Human rights defenders; Independence of judges and lawyers;
Alleged arrest, detention, sentencing and ill-treatment while in detention of human rights defenders, in particular bloggers. According to the information received, on 11 September 2013, Mr. Ngo Hao was sentenced to 15 years’ imprisonment and 5 years’ probation for publishing online articles promoting human rights. Allegedly, his health in detention has severely deteriorated as a result of hard labour and lack of adequate healthcare. Mr. Le Quoc Quan was arrested on 27 December 2012, and the charges of “tax evasion” against him were upheld on 18 February 2014 and he is reportedly denied access to legal counsel, books and religious guidance. Mr. Le Quoc Quan was the subject of a previous communication sent on 14 January 2013, see A/HRC/23/51, case no. VNM 1/2013. Grave concern is expressed regarding the deteriorating health condition of Mr. Ngo Hao in detention and the use of legislation to restrict the space for the promotion and defence of human rights and freedom of opinion and expression in Viet Nam, particularly online.
15/07/2014
22/04/2014 JUA
MEX 3/2014 México
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Presunta detención arbitraria y tortura de un defensor de derechos humanos. Según la información recibida, Damián Gallardo habría sido arrestado el 18 de mayo de 2013, habría sufrido actos de tortura en detención y habría sido forzado a firmar una confesión, en la cual se habría auto-inculpado en la comisión de delitos por los cuales posteriormente habría sido imputado. El 25 de mayo y 16 de junio de 2013, recibió una sentencia penal por los delitos de “delincuencia organizada” y “secuestro de menores”, respectivamente. La apelación estaría en proceso. Se expresa seria preocupación por la integridad física y psicóloga de Damián Gallardo, quien sigue en detención. El Sr. Gallardo Martínez es integrante de la Asamblea Popular de los Pueblos de Oaxaca (APPO) y trabaja por los derechos de los pueblos indígenas y la educación comunitaria de las comunidades indígenas de la Región Mixe y Zapoteca de la Sierra de Oaxaca. El Sr. Gallardo y APPO han sido objeto de comunicaciones anteriores enviadas el 29 de agosto de 2006, el 30 de octubre de 2006, y el 8 de noviembre de 2006, vea A/HRC/4/37/Add.1, párrafos 435-437; el 16 de enero de 2007, vea A/HRC/7/28/Add.1, párrafos 1301-1302, 1316-1317; y el 25 de marzo de 2009, vea A/HRC/13/22/Add.1, párrafos 1397-1402.
A /H
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/27/7247
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
24/04/2014 AL
BRA 4/2014 Brazil
Independence of judges and lawyers;
Alleged death threats against a lawyer and killing of his client for denouncing corruption within the police. According to information received, Mr. Wesley Pereira Fuganti, a lawyer, and his client Mr. X, were threatened by police officers after denouncing corruption involving the police in the city of Salto, São Paulo. On 29 November 2012, Mr. X was allegedly killed by a former police officer. After this event, Mr. Fuganti requested protection from the Brazilian authorities without success. Mr. Fuganti left with his family for the United Kingdom where their application for asylum was reportedly denied on 27 February 2014.
30/06/2014 15/07/2014
24/04/2014 JAL
CYP 2/2014 Cyprus
Freedom of religion; Migrants; Torture;
Alleged denial of asylum to an Iranian national and his family, who has reportedly been persecuted in the Islamic Republic of Iran for holding beliefs critical of Islam. According to the information received, Mr. X and his family arrived in Cyprus in 2000 and lodged an application for asylum through Office of the United Nations High Commissioner for Refugees. He submitted an asylum claim again in mid-2002 to the Asylum Service of the Republic of Cyprus, but it is alleged that relevant documents were removed from the file and his case was subsequently evaluated and rejected. He filed additional documents in December 2012 to reopen his case. It is alleged that Mr. X and his wife have been detained several times for visa issues in Cyprus and concern is expressed that Mr. X could be at risk of torture or other cruel, inhuman or degrading treatment or punishment, or capital punishment, in case of deportation to Iran.
01/07/2014
24/04/2014 JUA
SAU 5/2014 Saudi Arabia
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers; Torture;
Alleged arbitrary detention and ill-treatment in detention of a human rights lawyer. According to the information received, on 29 October 2013, Mr. Al-Khair, the founder and Director of Monitor of Human Rights in Saudi Arabia (MHRSA), was sentenced to three months’ imprisonment on charges relating to the establishment of MHRSA. This sentence was upheld on 24 February 2014 by the Court of Appeal of Jeddah. On 15 April 2014, at the fifth session of his trial at the Specialized Criminal Court in Riyadh, Mr. Al-Khair was arrested and taken to an unknown location. On 16 April 2014, his wife was informed that he was imprisoned at the Al Ha’ir prison in Riyadh. Reportedly, Mr. Al-Khair has been deprived of sleep while in detention. Grave concern is expressed at the arbitrary nature of Mr. Al-Khair’s detention and his ill-treatment in detention. Mr. Al-Khair was the subject of a previous communication sent on 3 May 2012, see A/HRC/21/49, case no. SAU 7/2012.
A /H
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48
Date Type
Case No
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30/04/2014 JUA
ETH 3/2014 Ethiopia
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Torture; Violence against women;
Alleged incommunicado detention of bloggers and freelance journalists who have been advocating for a space for free public dialogue, freedom of expression and access to information in Ethiopia. According to the information received, six members of the blogging collective Zone Nine, Messrs’ Befeqadu Hailu, Atnaf Berahane, Zelalem Kiberet, Natnael Feleke and Abel Wabela, and Ms. Mahlet Fantahun, and three freelance journalists, Messrs’ Tesfalem Waldyes and Asemamaw Haile Giorgis, and Ms. Edom Kasaye, are being held incommunicado at the Maikelawi detention centre since 25 and 26 April 2014. They reportedly appeared at Arada first instance court on Sunday 27 April 2014 and are scheduled to appear before the court on 7 and 8 May 2014 on charges of working with foreign human rights organizations and inciting violence through social media to create instability in the country.
30/04/2014 JAL
THA 3/2014 Thailand
Freedom of expression; Human rights defenders;
Allegations of the use of defamation laws, in particular the Computer Crimes Act, to restrict the right to freedom of opinion and expression of two journalists. According to the information received, on 18 December 2013, Mr. Alan Morison and Ms. Chutima Sidasathian who had been investigating and reporting on the situation of the Rohingya people in Thailand, in particular denouncing the Thai military’s alleged involvement in pushbacks of the Rohingya boat people to the sea, were charged with damaging the Navy’s reputation and for breaching the Computer Crimes Act. On 17 April 2014, they were formally charged with defamation and violation of Section 14 of the Computer Crimes Act. Reportedly, they could face up to seven years of imprisonment and/or fines amounting to 100,000 baht (about 3,000 USD) if found guilty. Mr. Morison and Ms. Sidasathian are due to appear in Court for another preliminary hearing on 26 May 2014. Concern is expressed at the proportionality of restrictions on the right to freedom of opinion and expression, in particular with regard to conformity with article 19 of the International Covenant on Civil and Political Rights (ICCPR).
A /H
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/27/7249
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
01/05/2014 JAL
IDN 2/2014 Indonesia
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Allegations of the violent dispersal of a demonstration in Jayapura, West Papua, on 2 April 2014, and the arrest and torture of two student demonstrators. According to the information received, a demonstration was held at Cenderawasih University (UNCEN) in Waena on 2 April to call for the release of 76 Papuan political prisoners, the opening of democratic space, and access for journalists and researchers, and United Nations observers to West Papua. The demonstration was allegedly interrupted by the Jayapura Crowd Control police. Two of the demonstrators, Mr. Alfares Kapisa and Mr. Yali Wenda, attempted to negotiate with the police officers and were reportedly subsequently arrested, beaten and detained at the Jayapura police station. They were released the following day. Mr. Alfares Kapisa and Mr. Yali Wenda have allegedly not been able to obtain a medical report following their arrest and have not received any compensation for the injuries they sustained.
02/05/2014 JAL
GTM 4/2014 Guatemala
Disappearances; Human rights defenders; Independence of judges and lawyers; Torture; Truth, justice, reparation & guarantees on non-rec; Violence against women;
Alegaciones de abuso de poder por parte del Tribunal de Honor del Colegio de Abogados y Notarios de Guatemala que suspendió a una jueza del ejercicio de la profesión de abogada por un año. Según la información recibida, el Tribunal de Honor informó el 4 de abril de 2014 a la Jueza Yassmin Barrios que iba a ser sancionada pecuniariamente, amonestada y suspendida en el ejercicio de su profesión de abogada por un año por haber supuestamente cometido una falta grave durante el juicio contra el Sr. Efraín Ríos Montt y el Sr. José Mauricio Rodríguez Sánchez por genocidio y delitos contra los deberes de humanidad. Se informa que el abogado que habría presentado la denuncia ante el Tribunal de Honor era uno de los defensores del imputado Rodríguez Sánchez. Se alega que el Tribunal de Honor actuó fuera de su competencia y que el órgano legalmente competente para evaluar las actuaciones de los jueces e imponerles las sanciones disciplinarias, la Junta de Disciplina Judicial, ya había desestimado la misma denuncia. Se expresa profunda preocupación ante la decisión emitida por el Tribunal de Honor que se enmarca en un contexto de ataques, amenazas e intimidación que afecta a los operadores de justicia que luchan contra la impunidad de graves violaciones a los derechos humanos en Guatemala. La Jueza Barrios ya fue objeto de un llamamiento urgente previo en el cual se denunciaban supuestas amenazas e intimidaciones, enviada con fecha 30 de octubre de 2013, ver A/HRC/25/74, no. de caso GTM 9/2013.
A /H
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50
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/05/2014 JAL
MEX 6/2014 México
Health; Water and Sanitation;
Alegaciones sobre la falta de acceso a agua potable que vienen padeciendo más de 8000 personas de las comunidades de Coyuca de Benítez Gro y del Puerto de Acapulco en el Estado de Guerrero en los últimos ocho años. Según la información recibida, en los meses de septiembre y octubre de 2013, los huracanes “Manuel” e “Ingrid” agravaron la situación de las comunidades al verse obligadas a beber agua insalubre. Asímismo, la falta de asistencia médica ha provocado que cinco personas perdieran su vida en la comunidad de Ocotillo. Se alega que las autoridades locales en ningún momento adoptaron medidas de emergencia para asegurar la asistencia médica a la población, ni tampoco para proveerles de agua potable.
05/05/2014 JUA
CHN 6/2014 China (People's Republic of)
Adequate housing; Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Human rights defenders; Independence of judges and lawyers; Torture; Violence against women;
Allegations of arrest and ill-treatment in detention of a human rights defender. According to the information received, Ms. Ge Zhihui participated in a training outside of China about the United Nations human rights mechanisms in early 2014. Ms. Zhihui was reportedly arrested at her home on 1 March 2014, and is currently detained in Fengtai District Detention Centre on charges of “illegal assembly”, “creating a disturbance” and “using cult to undermine implementation of the law”. Ms. Zhihui has reportedly been ill-treated in detention; she has been handcuffed and chained, denied permission to shower for twenty days and denied toilet breaks during her interrogations. She has reportedly been transferred to hospital on two occasions in relation to a brain infarct, anemia and kaliopenia due to her treatment in detention. Grave concern is expressed that her arrest and detention may be directly linked to her legitimate human rights activities and her participation in a training about the United Nations human rights mechanisms.
A /H
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/27/7251
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
05/05/2014 UA
ECU 1/2014 Ecuador
Indigenous peoples;
Alegaciones sobre el supuesto riesgo de una incursión armada de la policía y de las fuerzas armadas dentro del territorio de la comunidad indígena de Sarayaku. Según la información recibida, tres personas solicitaron refugio dentro del territorio de la comunidad indígena kichwa de Sarayaku en la Amazonía ecuatoriana tras ser sentenciadas por haber cometido injurias contra el Presidente de la República del Ecuador. Según la información, el Presidente de la República habría declarado públicamente que la comunidad de Sarayaku estaba atentando en contra del estado de derecho al haber dado refugio a las tres personas mencionadas e impidiendo de esa manera el cumplimiento de una sentencia judicial en contra de personas que consideraba ser prófugos de la justicia. Se alega que, posteriormente a estas declaraciones, la policía y fuerzas armadas habrían realizado incursiones por vía terrestre y aérea en los alrededores de la comunidad de Sarayaku.
05/05/2014 JAL
MYS 3/2014 Malaysia
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged ongoing criminal proceedings against a human rights defender. According to the information received, on 21 October 2013, Ms. Hendry, programme coordinator of Pusat KOMAS, appeared before the Majistret Court 6 in Kuala Lumpur following a complaint filed by the authorities against her under Section 6 (1)(b) of the Film Censorship Act (2002), for holding a screening of the documentary film “No Fire Zone: The Killing Field of Sri Lanka” on 3 July 2013. The criminal proceedings were subsequently stayed, pending Ms. Hendry’s constitutional challenge against some sections of the said Act. On 10 April 2014, the High Court dismissed the challenge, and on 15 April 2014, Ms. Hendry filed an appeal against this decision. However, her request to further stay the criminal proceedings against her pending the said appeal was rejected. A preliminary hearing is scheduled to take place on 16 May 2014. This case has already been the subject of two previous communications sent on 12 July 2013, see A/HRC/25/74, case no. MYS 6/2013, and 26 September 2013, see A/HRC/25/74, case no. MYS 10/2013.
A /H
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52
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
05/05/2014 JAL
MEX 5/2014 México
Freedom of expression; Human rights defenders;
Alegaciones de deficiencias en la implementación del Mecanismo de Protección para Personas Defensoras de Derechos Humanos y Periodistas. Según la información recibida, se habrían detectado serias deficiencias en el funcionamiento del Mecanismo de Protección para Personas Defensoras de Derechos Humanos y Periodistas, las cuales estarían afectando la integridad física y psicológica de periodistas y las personas defensoras de derechos humanos en México.
13/06/2014
05/05/2014 JAL
OTH 4/2014 Other
Adequate housing; Business enterprises; Democratic and equitable international order; Extreme poverty; Food; Foreign debt; Health; Indigenous peoples; Mercenaries; Water and Sanitation;
Letter related to the review of the Environmental and Social Policy and Public Information Policy of the European Bank for Reconstruction and Development (EBRD). The communication calls upon the EBRD to include more explicitly its commitment to human rights in its good governance policies, including by making reference to the United Nations Guiding Principles on Business and Human Rights and its due diligence framework. It urges the EBRD to clarify that it will refrain from financing projects that would result in human rights violations or have serious negative human rights impacts and provides suggestions as to how its draft policies could be improved.
22/05/2014
A /H
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/27/7253
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
05/05/2014 JAL
PAK 6/2014 Pakistan
Food; Health; Minority issues; Water and Sanitation;
Alleged death of at least 132 children in the Thar desert, Tharparkar district, Sindh province as a result of malnutrition. According to the information received, severe and chronic food and water shortages due to drought and extreme poverty are the principal causes of death. The majority of victims reportedly belong to the minority Dalit community. Reports suggest that the crisis has been exacerbated by insufficient investment in healthcare facilities with long standing vacancies in Government run hospitals and health centres, as well as a lack of female doctors, limiting the provision of adequate medical services. Undue delays on the part of the authorities to react to the crisis have reportedly resulted in the Sindh provincial Government being accused by the Supreme Court of failing to fully report the facts, highlighting its failure to distribute sixty thousand bags of wheat flour allocated to the region in December
2013.
05/05/2014 JUA
SAU 6/2014 Saudi Arabia
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Human rights defenders; Torture;
Alleged arbitrary detention of a human rights defender for his participation in a peaceful protest in 2009 calling for an end to discrimination against the Shi’a Muslim community, and for his reports of such discrimination. According to the information received, on 17 April 2014, the Specialized Court in Riyadh convicted Mr. Fadhel Maki Al Manasif, human rights activist and member of the Arab Institute for Human Rights, to 15 years imprisonment, a subsequent 15-year travel ban and a fine of 100,000 Saudi Riyals (about 26,700 USD). The charges against Mr. Al Manasif included “breaking allegiance to the ruler”, “stirring sedition and sectarian division between citizens by inciting protests and marches”, “communicating with foreign media to harm the Government, its people and national unity” and “founding a banned association”. Mr. Al Manasif has reportedly appealed the decision of the Court, of which the final judgment is expected on 8 May 2014. Mr. Al Manasif was the subject of two earlier communications sent on 12 May 2011, see A/HRC/18/51, case no. SAU 5/2011, and 12 July 2012, see A/HRC/22/67, case no. SAU 9/2012.
A /H
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54
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
06/05/2014 JAL
AZE 2/2014 Azerbaijan
Freedom of peaceful assembly and of association; Human rights defenders;
Allegations of charges faced by three human rights defenders in the aftermath of the 2013 presidential elections. According to the information received, on 16 December 2013, Mr. Anar Mammadli and Mr. Bashir Suleymanli, respectively Chairman and Executive Director of the Azerbaijani Election Monitoring and Democracy Studies Centre (EMDSC), together with Mr. Elnur Mammadov, President of the Volunteers of International Cooperation Public Union, were interrogated by the Public Prosecutor’s Office on suspicion of “business activity by an organization without registration”. Both organizations had denounced alleged widespread irregularities around the presidential elections of 9 October 2013. Their trial started on 21 April 2014. They face the following charges under the Criminal Code of the Republic of Azerbaijan: assignment or waste, illegal business, abusing official powers, evasion from payment of taxes and service forgery. The alleged targeting of EMDSC in the aftermath of the presidential elections of 2013 was the subject of one previous communication sent on 26 November 2013, see A/HRC/25/74, case no. AZE 5/2013.
15/07/2014
06/05/2014 JAL
ISR 1/2014 Israel
OPT; Torture;
Alleged ill-treatment and torture of three Palestinian children by Israeli Security Forces (ISF). According to the information received, three Palestinian children, X, Y and Z (all below the age of 18) were arrested by ISF in separate incidents on 19 April, 12 September and 7 November 2013 in the West Bank. All three children were accused of throwing stones and/or Molotov cocktails. During their detention at Beit Hamoshail (an Israeli military camp), Huwwara Interrogation and Detention Centre (south of Nablus) and Ari’el police station respectively, they were subjected to torture and ill-treatment, including solitary confinement, repeated beatings and being used as a human shield by ISF during confrontations with stone throwing youth. An Israeli soldier allegedly also extinguished a cigarette on the lips of one of the children. Furthermore, lawyers were not present during the interrogation of the children and none of them were informed of their rights. X was released after 21 days in Ofer military prison. Y and Z remain detained in Megiddo prison.
A /H
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/27/7255
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
06/05/2014 JAL
KGZ 1/2014 Kyrgyz Republic
Freedom of expression; Freedom of peaceful assembly and of association; Health; Human rights defenders;
Alleged discriminatory consequences and negative impact on the peaceful and legitimate work of human rights defenders of the draft Bill “On the formation of a positive attitude toward non-traditional forms of sexual relations”. According to the information received, on 26 March 2014, the Bill was submitted for public consultation until 26 April 2014. The Bill was then ‘suspended’ for procedural reasons, but was still undergoing evaluations within the relevant departments of the Kyrgyz Republic’s Parliament. If adopted, the Bill would amend the Criminal Code, the Code of Administrative Responsibility, the Law on Peaceful Assembly, and the Law on Mass Media, and introduce a range of criminal and administrative sanctions on persons who speak or act in a way that creates “a positive attitude toward non- traditional sexual orientation”. Concern is expressed at the detrimental effect of the Bill on the peaceful and legitimate work of human rights defenders in the Kyrgyz Republic who are working to protect and promote the rights of the LGBT community.
06/05/2014 JAL
PHL 3/2014 Philippines
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions;
Alleged killing of a human rights defender and the increased harassment and surveillance of a human rights lawyer. According to the information received, on 25 March 2014, Mr. William Bugatti, a human rights defender and paralegal to human rights lawyer Ms. Maria Catherine Dannug-Salucon, was shot and killed by persons in civilian clothing along the Ifugao Highway in Bolog, Kiangan. Since the killing of Mr. Bugatti, Ms. Dannug-Salucon has been subjected to harassment and intimidation, including surveillance of her home and her office. Concern is expressed that the killing of Mr. Bugatti and the harassment and surveillance of Ms. Dannug-Salucon may be directly linked to their legitimate and peaceful activities in the defence of human rights.
A /H
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56
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
06/05/2014 JUA
THA 4/2014 Thailand
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions; Violence against women;
Alleged attempted killing and intimidation of a human rights defender. According to the information received, Ms. Nurainee Uma, a paralegal at the Muslim Attorney Center Foundation (MAC), was shot at by two unidentified individuals on a motorcycle. She managed to escape unharmed and reportedly filed a complaint at the Muang Yala police station the same evening. The following day, the police visited the scene of the attempted murder, however no further investigation of her case has taken place. Since Ms. Nurainee Uma started working for MAC in 2007, military officers have allegedly intimidated her and searched her house on a number of occasions. Grave concern is expressed that the attempted killing and intimidation of Ms. Nurainee Uma might be linked to her work documenting human rights violations in Thailand.
06/05/2014 JAL
USA 7/2014 United States of America
Discrimination against women in law and in practice; Racism; Violence against women;
Alleged prosecution and conviction of a domestic violence survivor, after she fired a warning shot into the ceiling, during an altercation with her abuser. According to the information received, Ms. Marissa Alexander, an African-American woman from Florida, was arrested on 1 August 2010, after shooting upward into the ceiling during an altercation with her abusive husband. Ms. Alexander reportedly had earlier obtained a court issued “Injunction for Protection” against her husband. It is reported that no one was injured from the shot fired by Ms. Alexander. She was nonetheless, charged with three counts of aggravated assault with a deadly weapon with no intent to harm. Subsequent to her sentencing, Ms. Alexander filed for appeal, and her retrial is scheduled for July 28, 2014. The State Attorney allegedly continues the prosecution of Ms. Alexander, and is now seeking 3 consecutive 20-year sentences.
18/07/2014
A /H
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/27/7257
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/05/2014 JAL
SDN 1/2014 Sudan
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Sudan;
Allegations of intimidation and threats against a human rights defender and his family, and raid on the offices of the Human Rights Network for Democracy (HAND). According to the information received, on 11 February 2014, unknown individuals, presumably from the National Intelligence and Security Services (NISS), raided Mr. Suleiman’s family home in Khartoum and confiscated documents. On 11 March 2014, unknown individuals, presumably from the NISS, raided the office of HAND and confiscated laptops, documents and photos. Since these raids, Mr. Suleiman and his family have received threats through text messages and phone calls. Concern is expressed that the intimidation and threats directed towards Mr. Suleiman and his family might be related to his peaceful and legitimate work advocating for human rights in Sudan.
08/05/2014 JUA
ETH 4/2014 Ethiopia
Arbitrary detention; Freedom of expression; Health; Human rights defenders;
Alleged ill-treatment and denial of access to urgent medical treatment of a journalist in detention. According to the information received, Ms. Reeyot Alemu is serving a five year prison sentence on charges of “promotion or communication of a terrorist act” at the Kality Prison in Addis Ababa. Ms. Alemu has breast cancer and is in urgent need of medical treatment; however, she has only received limited and inadequate treatment for her condition. Furthermore, the request for specialized treatment has been denied by the detention centre, despite her family’s offer to cover the costs. Ms. Alemu has also reportedly been threatened with solitary confinement and withdrawal of her right to study and access books. Moreover, she has been denied visits from her fiancé, sister and brother.
A /H
R C
/27/72
58
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
08/05/2014 JUA
IRN 8/2014 Iran (Islamic Republic of)
Freedom of religion; Iran; Minority issues;
Allegations of imminent risk of desecration of an old Bahá’í cemetery in Shiraz, Iran. According to the information received, at the end of April 2014, a land plot in Shiraz, where an old Bahá’í cemetery is located, was turned into a construction site, possibly leading to the destruction of the cemetery. Reportedly, the cemetery is of religious and cultural value for local Bahá’ís, and although it can no longer be used for burials, it remains a site for praying and for paying respect to the memory of the deceased. Numerous requests were made by the local Bahá’í community to spare the parts of the plot of land where the cemetery is located, either through letters or repeated visits to various authorities, to no avail. An administrative order to halt the construction work was issued by the local department on Planning of Town and Public Spaces, but it was ignored and construction work nevertheless began. Concerns are raised at a series of actions by the Iranian authorities, which appear to be motivated by religious discrimination against the Baha’i community through restricting their fundamental human rights to freedom of observance and practice of religion or belief.
09/05/2014 JAL
AZE 3/2014 Azerbaijan
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged questioning at the airport and subsequent restriction of movement of two human rights defenders, and ongoing questioning of members of the Azerbaijani Institute for Peace and Democracy (AIPD). According to the information received, Mr. Rauf Mirkadyrov, a journalist working with AIPD, was deported from Turkey on 19 April 2014 and charged with high treason and espionage on 21 April 2014. From 28 to 29 April 2014, Ms. Leyla Yunus, Director of AIPD, and Mr. Arif Yunusov, Head of Conflict Studies of AIPD, were questioned and held at Baku airport, had their passports temporarily confiscated and were prevented from boarding their flight to Doha, Qatar and connecting flight to Brussels, Belgium to attend a human rights- related event. After both individuals were released on 29 April 2014, the AIPD was searched, computers and documents were confiscated, and other staff members have since been questioned on a daily basis. No legal grounds have reportedly been provided for any of these actions. Concern is expressed at the harassment of members of AIPD and their families. Ms. Yunus was the subject of an earlier communication sent on 24 August 2011, see A/HRC/19/44, case no. AZE 2/2011.
A /H
R C
/27/7259
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
09/05/2014 JAL
EGY 5/2014 Egypt
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged ban on the activities of a human rights movement. According to the information received, on 28 April 2014, the Cairo Court for Urgent Matters issued an Expedited Decision which included “a ban on activities held by the April 6 Youth Movement in the Arab Republic of Egypt, as well as a ban on any committee or organization that belongs to it or is derived from it or funded by it”. Concern is expressed that the ban of the April 6 Youth Movement may be related to their peaceful work in defending human rights and civil liberties in Egypt. The Head of the April 6 Youth Movement was the subject of two earlier communications sent on 3 December 2013, see A/HRC/26/21, case no. EGY 16/2013, and 24 December 2013, see A/HRC/26/21, case no. EGY 19/2013.
02/07/2014
09/05/2014 JAL
ISR 2/2014 Israel
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; OPT;
Alleged excessive use of force and interference with the right to peaceful assembly. According to the information received, between 31 January and 7 February 2014, Israeli Defence Force soldiers and Border Police Officers on several occasions interfered, including through the use of force, with the peaceful protest camp erected in the abandoned village of Ein Hijleh in the Jordan Valley, in the West Bank, occupied Palestinian territory. Interference included obstructing people, food and medical supplies from reaching the camp. These interferences culminated in the forceful eviction of the protest camp in the early hours on 7 February 2014, and several protesters were injured as a result.
09/05/2014 JUA
SAU 7/2014 Saudi Arabia
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged incommunicado detention of the founding president of the Saudi Civil and Political Rights Association (ACPRA). According to the information received, Dr. Abdulrahman Al-Hamed, human rights defender and founding president of ACPRA, signed a statement on 12 April 2014 calling for the trial of the Minister of Interior for suppressing public freedoms. On 17 April 2014, Dr. Al-Hamed was detained while reporting to the Criminal Investigation Department in Burayda. While in detention, he has not been allowed to see his family or his lawyer. Members of ACPRA were the subject of three earlier communications sent on 3 February 2014, see A/HRC/24/21, case no. SAU 1/2014, on 27 March 2013, see A/HRC/24/21, case no. SAU 5/2013, and on 21 December 2012, see A/HRC/23/51, case no. SAU 13/2012.
A /H
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/27/72
60
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/05/2014 JUA
ARE 4/2014 United Arab Emirates
Arbitrary detention; Disappearances;
Allegations of arbitrary arrest and secret detention of the cousin of the Minister of Cabinet Affairs and head of psychosocial rehabilitation at the Training and Rehabilitation Center. According to the information received, Mr. Bader Hussain al- Abdulla al-Bahri was arrested by security agents at al-Qusais police station on 22 April 2014, allegedly after his wife damaged someone’s car. The security agents accompanied him to his house, conducted a search and confiscated his passport. Mr. al-Bahri has not been charged to date and has had no access to a lawyer. While he managed to make one brief phone call to his family, he was unable to tell them his location, only that he is in the hands of the State Security Services. Concern is expressed at the secret detention of Mr. al-Bahri without informing him and his family of the charges pending against him, and without him being brought before a judicial authority.
30/05/2014
13/05/2014 JUA
VEN 3/2014 Venezuela
Arbitrary detention; Health; Torture;
Alegaciones de torturas y presunta detención arbitraria. Según la información recibida, el Sr. Juan Carlos Nieto Quintero habría sido detenido arbitrariamente y sujeto a torturas por elementos de la Dirección de Inteligencia Militar (DIM), con el objeto de que proporcionase los nombres de agentes de la Guardia Nacional contrarios al Gobierno. Habría estado secuestrado entre el 2 y el 4 de abril de 2014 en un comando de la DIM localizado en Maripérez, Caracas y formalmente detenido el 4 de abril de 2014, al ser conducido al Hospital Militar para ser tratado de las lesiones presuntamente producidas por tortura. Se expresa temor por la integridad física y psicológica de esta persona, al haber sido sacada del Hospital Militar y no encontrarse recibiendo tratamiento médico.
A /H
R C
/27/7261
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/05/2014 JUA
SAU 3/2014 Saudi Arabia
Health; Violence against women;
Allegations of ill-treatment, neglect, inadequate medical care and restricted movement of princesses Sahar (1971), Maha (1972), Hala (1974), and Jawaher (1976) born of the union between His Royal Highness King Abdullah bin Abdulaziz Al Saud and Ms. Alanoud Al Fayez. According to the information received, the four princesses are confined in royal compounds of the Jeddah palace; are not free to choose their medical caretakers and are given treatments and medicine without informed consent; are prevented from leaving the country; and have not had any physical contact with their mother, Ms. Al Fayez, who left the Kingdom of Saudi Arabia in 2003. Princesses Hala and Maha are reportedly both ill and deprived of appropriate treatment. It is further reported that following recent the media attention to their situation, two of the four princesses have been unable to purchase their food freely.
14/05/2014 JUA
SDN 2/2014 Sudan
Arbitrary detention; Discrimination against women in law and in practice; Freedom of religion; Independence of judges and lawyers; Sudan; Summary executions; Torture; Violence against women;
Allegations of arbitrary detention, denial of a fair trial and due process, ill-treatment and the issuing of an unlawful sentence on the basis of unfounded evidence and improper indictment on grounds of adultery and/or of apostasy. According to the information received Ms. Meriam Ibrahim, a 27-year-old pregnant Sudanese woman, is currently detained at Omdurman’s Women Prison near Khartoum with her 20 month-old son. She is facing the punishments of public flogging and execution under the 1991 Criminal Act if found guilty of charges of apostasy and adultery in a hearing to be held by Sudan’s Criminal Court on 15 May 2014. Concerns are expressed at the physical and mental safety of Ms. Ibrahim, a pregnant woman in prison with her son under harsh conditions; the existence of legislation that permits flogging; at the restrictions on Ms. Ibrahim’s right to practice and profess peacefully her religious beliefs; and at her right to a fair trial and due process.
A /H
R C
/27/72
62
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/05/2014 JUA
SYR 6/2014 Syrian Arab Republic
Health; Water and Sanitation;
Alleged cuts to basic water supplies in Aleppo. According to the information received, approximately three million people have been affected by cuts to water supplies in Aleppo as of the beginning of May 2014. Hundreds of people in the city were reportedly forced to queue for long periods in front of mosques and other public spaces in order to fill containers with water, while many others resorted to taking unsafe water from the river. Reports indicate an increase in cases of gastroenteritis and acute diarrhoea. The cuts reportedly are a result of deliberate interference with the water supply by an armed opposition group, while other allegations suggest electricity supply cuts by the authorities may also be impeding supply. It is further alleged that since the beginning of May 2014, more stringent controls have been implemented by the authorities in relation to the delivery of relief efforts.
16/05/2014 JUA
EGY 6/2014 Egypt
Arbitrary detention; Freedom of expression; Health; Independence of judges and lawyers;
Allegations of arbitrary arrest and detention of a journalist, and denial of medical care in detention. According to the information received, Mr. Mohamed Fahmy, a journalist for Al Jazeera English, was arrested by the State Security Police at the Marriott Hotel in Zamalek, Cairo, on 29 December 2013. He is detained at Al Mulhag Ward of Tora Prison and reportedly charged with broadcasting false news and with belonging to, or assisting, the Muslim Brotherhood. His trial began on 20 February 2014 and there have been seven hearings to date. It is alleged that the charges are fabricated and the prosecution has not presented any concrete evidence. Furthermore, Mr. Fahmy is allegedly being denied medical treatment in detention, although he suffers from an injury to his upper right arm. While his lawyer repeatedly requested bail, all requests have been denied.
A /H
R C
/27/7263
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/05/2014 JAL
MMR 3/2014 Myanmar
Health; Minority issues; Myanmar;
Alleged deleterious consequences of the Government’s order directed at Médecins Sans Frontières (MSF) to suspend all of its activities in Myanmar, and of the attacks on humanitarian organizations resulting in termination of their operations in Myanmar’s Rakhine State. According to the information received, MSF was ordered to cease all of its activities on 26 February 2014, which will have devastating consequences on the enjoyment of the right to health, both by the ethnic Rakhine population and Rohingya communities. Following intimidation, violence and attacks targeting humanitarian organizations in Myanmar on 26 and 27 March, more than 300 humanitarian and development staff were reportedly evacuated from Rakhine State. Despite claims by the Government that additional medical professionals would be dispatched to fill the vacuum in health services in Rakhine State, health provision still falls markedly short of needs.
16/05/2014 AL
USA 8/2014 United States of America
Indigenous peoples;
Letter concerning the efforts of the Pueblo of Jemez, an indigenous people, to assert ownership and secure access to lands located within the Valles Caldera National Preserve in New Mexico. In the letter, the Special Rapporteur provides a series of observations and recommendations in accordance with human rights standards related to the Pueblo’s efforts to access and protect sites of cultural and religious significance, and to seek the return of their traditional lands within the preserve. This letter is a follow up to an earlier communication sent by the Special Rapporteur on 13 January 2014, see A/HRC/26/21, case no. USA 2/2014, to which a Government reply was received on 29 April 2014.
A /H
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/27/72
64
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/05/2014 JUA
VEN 4/2014 Venezuela
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Presunto desalojo violento de manifestaciones estudiantiles; detención y posterior liberación del director de la ONG Un Mundo sin Mordaza, así como actos de hostigamiento, seguimiento y amenazas contra miembros de la ONG Foro Penal Venezolano. Según la información recibida, el 8 de mayo de 2014, cuatro campamentos de manifestantes estudiantiles en la cuidad de Caracas, habrían sido desalojados violentamente, culminando con la detención de 243 personas. El 7 de mayo, agentes del Servicio Bolivariano de Inteligencia Nacional (SEBIN) habrían arrestado al Sr. Rodrigo Diamanti, director la de organización Un Mundo sin Mordaza. Se alega que en la madrugada del 1 de mayo de 2014, la sede de dicha ONG habría sido allanada por agentes del SEBIN encapuchados que habrían procedido a registrar equipos informáticos y materiales de la organización. Asimismo, se han recibidos informes acerca de repetidos actos de acoso, vigilancia y amenazas contra miembros del Foro Penal Venezolano, organización muy activa en el actual contexto Venezolano.
04/06/2014 04/06/2014 04/06/2014
19/05/2014 JAL
VNM 7/2014 Viet Nam
Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Human rights defenders;
Alleged acts of reprisals against the head of the Buddhist Youth Movement in the form of arbitrary detention through house arrest. According to the information received, in March 2013, Mr. Le Cong Cau was threatened with prosecution for writing articles advocating human rights and supporting the Unified Buddhist Church of Vietnam. On 1 January 2014, Mr. Le Cong Cau was arrested and detained when boarding a plane for Ho Chi Minh City and placed under house arrest without written justification. On 11 February 2014, Mr. Le Cong Cau addressed an audio message to a side-event during the Human Rights Council session in Geneva before Viet Nam’s examination under the Universal Periodic Review. He remains under house arrest, and it is believed that his house arrest is related to his engagement with United Nations human rights mechanisms. Concern is expressed at Mr. Le Cong Cau’s arbitrary detainment due to his peaceful work promoting the rights of Buddhists in Vietnam.
24/07/2014
A /H
R C
/27/7265
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
20/05/2014 JAL
KHM 3/2014 Cambodia
Cambodia; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Alleged acts of intimidation and threats against the Project Coordinator of the Land Reform Project at the Cambodian Centre for Human Rights (CCHR). According to the information received, on 25 April 2014, Mr. Vann Sophath and his team visited the site of a land dispute case, to film a documentary about one of the concerned families, when he was intimidated by security guards. On 9 May 2014, Mr. Sophath’s filming on site was interrupted again when armed security guards threatened him and forced him off the site. One security guard took pictures of Mr. Sophath and his car’s number plate. Concern is expressed at the intimidation and threats of violence targeting Mr. Sophath while carrying out his peaceful work promoting and protecting the rights of the families on the disputed land.
20/05/2014 JUA
EGY 7/2014 Egypt
Arbitrary detention; Freedom of expression; Health; Independence of judges and lawyers; Torture;
Allegations of arbitrary arrest and detention of a journalist and denial of medical care. According to the information received, Mr. Abdullah el-Shamy, a journalist for Al Jazeera, was apprehended on 14 August 2013 at Raba’a Square, Cairo. While he is accused of attempted murder, belonging to a terrorist organization, and harming national security, he has never been charged with any crime to date and remains in pre-trial detention. For the first seven months of his detention, Mr. el-Shamy effectively did not have access to a lawyer and while he submitted two requests for bail, one in October 2013 and one in March 2014, both of them were denied. Mr. al- Shamy has been on hunger strike since 21 January 2014 to protest his pre-trial detention and suffers from acute anaemia and kidney dysfunction as a result. Although his health is in critical condition, he is being denied medical treatment and since 12 May 2014, he remains in solitary confinement in Mazraet Unit of Tora prison. Mr. el- Shamy was the subject of an earlier communication sent on 30 August 2013, see A/HRC/25/74, case no. EGY 13/2013.
05/06/2014
A /H
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/27/72
66
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
20/05/2014 JUA
ERI 1/2014 Eritrea
Arbitrary detention; Eritrea; Freedom of religion; Torture;
Alleged arrest and arbitrary detention of five Christian men for their religious beliefs. According to the information received, five Christian men set to be ordained in the Evangelical Lutheran Church in Asmara were arrested by security officers in Asmara, shortly after the public announcement of their ordination on 20 April 2014. Reportedly, they are detained at Police Station Number 2 in Asmara. Allegedly, the five men have not been formally charged and have not been brought before a judge. It is reported that family members are delivering food supplies and clothing but are not allowed to visit them. Representatives of the Church have also been denied access to the five men. The Evangelical Lutheran Church is one of the four officially recognized religions.
20/05/2014 JUA
MEX 7/2014 México
Adequate housing; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers; Torture;
Presuntos actos de violencia, detención, desprestigio, hostigamiento y tortura en contra de una abogada, así como la judicialización y la criminalización de sus actividades en defensa de los derechos humanos. Según la información recibida, la Sra. Alma Angélica Barraza Gómez es abogada y trabaja defendiendo los derechos de las comunidades afectadas por las construcción de la presa Picachos en el estado de Sinaloa. Entre sus actividades figura la participación en protestas pacíficas desde
2010. Se expresa preocupación sobre la falta de implementación de la mayoría de las medidas de protección otorgadas a la Sra. Barraza Gómez por el Mecanismo de Protección, así como sobre la situación de las comunidades afectadas por la construcción de la presa Picachos.
A /H
R C
/27/7267
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
20/05/2014 JAL
GBR 1/2014 United Kingdom of Great Britain and Northern Ireland
Adequate housing; Extreme poverty; Food;
Alleged violation of the human rights of persons living in poverty in the context of austerity measures. According to the information received, the Government has undertaken a combination of wide-ranging legal reforms and policy interventions designed to reduce public expenditure at the national and local level. A number of these measures were brought into effect through the Welfare Reform Act 2012. In January 2014, it was announced that austerity measures would continue between 2015 and 2017, with a further £12 billion to be cut from welfare expenditure. Concerns are expressed that these measures could severely undermine minimum essential levels of economic and social rights (in particular the right to an adequate standard of living, the right to adequate housing, the right to food, and the right to social security) in certain circumstances. The interventions amount to retrogressive measures prohibited under the International Covenant on Economic, Social and Cultural Rights.
10/07/2014
21/05/2014 JUA
HTI 1/2014 Haiti
Freedom of expression; Freedom of peaceful assembly and of association; Haiti; Human rights defenders; Summary executions;
Allégations des menaces de mort perpétrées à l’encontre d’un défenseur des droits de l’homme. Selon les informations reçues, le 2 avril 2014, le Réseau National de Défense des Droits Humains (RNDDH) aurait reçu une lettre de menaces contenant une balle, adressée au Directeur Exécutif, M. Pierre Espérance. Les auteurs de la lettre auraient accusé M. Espérance d’établir de faux rapports pour déstabiliser le gouvernement, et de porter atteinte à l’honneur des citoyens. Ils auraient également rappelé à M. Espérance une tentative d’assassinat qu’il avait subie en 1999, en lui précisant que cette fois « il n’allait pas y échapper », et qu’il devait « arrêter de raconter des conneries ». De graves préoccupations sont exprimées quant à l’intégrité physique et psychologique de M. Espérance et du personnel du RNDDH.
21/05/2014 JUA
GBR 2/2014 United Kingdom of Great Britain and Northern Ireland
Freedom of expression; Freedom of peaceful assembly and of association; Torture;
Alleged imminent risk of forced return from the United Kingdom of Great Britain and Northern Ireland to Bahrain, and of torture or ill-treatment in detention upon return. According to the information received, Mr. X, a 19-year-old Bahraini national, has been detained by immigration authorities for over three months on Fast Track Detention (FTD) at Harmondsworth Detention Centre in London. His application for asylum has been refused twice and a deportation order was issued for 22 May 2014. Due to the well documented cases of torture and ill-treatment of political opponents and protestors in Bahrain, it is alleged that Mr. X faces a high risk of torture or ill- treatment in detention in case of forcible return to Bahrain.
10/07/2014
A /H
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68
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
22/05/2014 JUA
ETH 5/2014 Ethiopia
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Minority issues; Summary executions; Torture; Violence against women;
Allegations of excessive and indiscriminate use of force against peaceful protestors, including women and children, in the regional state of Oromia. According to the information received, security forces and Agazi military special forces violently cracked down on peaceful protests taking place in various cities of Oromia. Reportedly, at least 35 people were killed, including at least eight children and one woman; at least 18 peaceful protestors were injured, including at least five children; and at least 143 peaceful protestors and bystanders were arrested, including at least 20 children and three women. In addition, two members of the Oromo Federalist Congress were arrested for speaking to the press about the wave of killings and detentions. It is reported that the majority of those arrested remain in incommunicado detention to date and have been subjected to torture. Grave concerns are expressed at the excessive and indiscriminate use of force against, and arrest and incommunicado detention of, peaceful protestors, including women and children.
22/05/2014 JAL
KGZ 2/2014 Kyrgyz Republic
Freedom of expression; Human rights defenders; Independence of judges and lawyers; Torture;
Alleged physical attack against a human rights lawyer by an official at the Ministry of Internal Affairs. According to the information received, lawyer Ms. Dinara Turdumatova met with an investigator at the Ministry of Internal Affairs in Osh on 1 May 2014. During this meeting, she played a recording of her client’s interrogation at which point the investigator turned off the office lights, grabbed her hair, and punched her in the head three times. Shortly after this incident, the Head of Internal Affairs insulted her and threatened to revoke her licence to practice law. At Osh hospital, Ms. Turdumatova was diagnosed with a wrist fracture and brain concussion. Ms. Turdumatova filed a complaint on 2 May 2014, and the Prosecutor’s office ordered a forensic examination on 6 May 2014. Concern is expressed at the alleged threats made by authorities to Ms. Turdumatova to withdraw her complaint.
A /H
R C
/27/7269
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
22/05/2014 JAL
PAK 7/2014 Pakistan
Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion; Human rights defenders; Summary executions;
Alleged threats made against and the killing of a human rights lawyer related to his legitimate work as a lawyer. According to the information received, Mr. Rashid Rehman, who was coordinator of the Punjab office of the Human Rights Commission of Pakistan, had been threatened in April 2014 in relation to his representation of a client on trial for blasphemy. On 7 May 2014, Mr. Rehman, together with a colleague and the client, were shot at by two unknown individuals in his office. Mr. Rehman died from the wounds he sustained, while the two other men survived the attack. Grave concern is expressed at the threats made against and killing of Mr. Rehman as it appears to be in connection with his peaceful work promoting and protecting human rights. Further concern is expressed regarding the physical integrity and safety of lawyers who work on blasphemy cases in Pakistan.
26/05/2014
23/05/2014 JAL
MEX 8/2014 México
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions;
Presunta falta de avance en la investigación y falta de ejecución de decisiones judiciales con relación a los asesinatos de dos defensores de derechos humanos en Oaxaca. Según la información recibida, la Sra. Alberta “Bety” Cariño Trujillo y el Sr. Jyri Antero Jaakkola fueron asesinados el 27 de abril de 2010. La Sra. Cariño era miembro de Centro de Apoyo Comunitario Trabajando Unidos (CACTUS), y el Sr. Jaakkola era observador internacional de Finlandia. Desde el 27 de abril de 2014, el viudo de la Sra. Cariño, Omar Esparza Zarate, junto con otros integrantes del Movimiento Agrario Indígena Zapatista, habría llevado a cabo una huelga de hambre para exigir la ejecución de las órdenes de aprehensión dictadas contra varias personas presuntamente involucradas en los homicidios. Se expresa grave preocupación en cuanto al contexto de creciente violencia e inseguridad para los defensores de los derechos humanos en México.
A /H
R C
/27/72
70
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
26/05/2014 JUA
BHR 7/2014 Bahrain
Arbitrary detention; Independence of judges and lawyers; Migrants;
Allegations of arbitrary arrest and detention of a Pakistani national. According to the information received, Mr. Mudassir Ali, a Pakistani businessman, was arrested by officers of the Criminal Investigations Directorate (CID) in his office on 19 August
2013. On 23 September 2013, he was convicted of embezzlement and sentenced to six months imprisonment and deportation to Pakistan. On appeal, his sentence was reduced to three months imprisonment and deportation. Despite having served his sentence in Hozel Job Prison, Mr. Ali is still detained in the said prison. The authorities allegedly continue to lay new charges against him in order to keep him in detention. Mr. Ali has not been informed of these new charges and is at risk of being summarily expelled from Bahrain to the United Arab Emirates.
26/05/2014 JAL
HND 5/2014 Honduras
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Presuntas agresiones por parte de agentes del orden y detención del Director de una organización que ofrece a niños y niñas ayuda en desamparo y trabaja con víctimas de explotación sexual y trata de personas. Según la información recibida, el 8 de mayo de 2014, el Sr. José Guadalupe Ruelas García, Director de Casa Alianza – Honduras, fue arrestado por la policía. Durante el arresto, el Sr. Gualupe Ruelas fue presuntamente golpeado, maltratado y se le confiscaron sus pertenecias. Asimismo, se alega que no recibió tratamiento médico adecuado mientras se encontraba en detención. Se expresa preocupación por la integridad física y psicológica del Sr. Guadalupe Ruelas, por su detención y maltrato, asi como por los cargos contra él.
26/05/2014 JUA
NER 1/2014 Niger
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers;
Allégations relatives à l’arrestation et à la détention arbitraire du coordinateur de l’organisation Volontaires pour l’Intégration Educative (V.I.E.) Kande Ni Bayra. Selon les informations reçues, le 2 mai 2014, M. Ali Abdoulaye aurait été arrêté par des membres de la Direction Générale de la Sécurité de l’État (DGSE) et serait depuis cette date détenu sans charge dans leurs locaux à Niamey. L’arrestation aurait suivi son intervention dans les médias, dans laquelle il aurait dénoncé la famine dans la région d’Oualam et les conditions dans lesquelles vivent les enfants malnutris dans la région. De graves préoccupations sont exprimées en raison du fait que l’arrestation et le harcèlement de M. Abdoulaye seraient liés à son travail pour les droits de l’homme au Niger.
A /H
R C
/27/7271
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
26/05/2014 JUA
SDN 3/2014 Sudan
Arbitrary detention; Disappearances; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Allegations of the arrest and incommunicado detention of a human rights defender. According to the information received, Mr. Mohamed Salah Mohamed Abdelrhman, a student activist who has been actively involved in the mobilization of Sudanese citizens to promote and protect human rights and democracy, made a statement at the memorial of a fellow student activist who was killed during a student demonstration in Khartoum. In the statement, he named the National Intelligence and Security Service (NISS) agents who were responsible for the killing. Since then, his family home has been monitored and his younger brother was threatened. Mr. Abdelrhman was arrested on 20 March 2014 and released on 7 April 2014. On 12 May 2014, Mr. Abdelrhman was re-arrested by plain-clothed NISS agents and his family has not been informed of his whereabouts. Grave concern is expressed at Mr. Abdelrhman’s physical and psychological integrity while in detention.
06/06/2014
27/05/2014 JAL
MYS 4/2014 Malaysia
Cultural Rights; Freedom of expression; Freedom of peaceful assembly and of association; Freedom of religion;
Alleged systematic persecution and discrimination against Shi’a Muslims in Malaysia. According to the information received, on 21 April 2014, Mr. Mohd Kamilzuhairi Abdul Aziz, a Shi’a religious cleric, was arrested by police during a peaceful religious meeting in Taman Sri Gombak. On 9 April 2014, a novel written by Mr. Mohd Faizal Musa was banned by the Ministry of Home Affairs in order to stop Shi’a propaganda. The ban appears to be imposed as a result of the 1996 fatwa issued by the National Council for Islamic Affairs, which declared Shi’a school of Islam as a deviant sect and any production, broadcast and distribution of any books, pamphlets, films and video deviating from the Sunni teaching as haram (forbidden).
A /H
R C
/27/72
72
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/05/2014 JAL
KOR 2/2014 Republic of Korea
Adequate housing; Extreme poverty; Food; Health; Water and Sanitation;
Follow-up letter concerning alleged forced eviction of residents living in Jagatsinghpur District, Odisha, India and surrounding areas. According to the information received, up to 20, 000 people may be forced to leave their homes as a result of land being acquired for the construction of an integrated steel plant and a captive port by Korean steel corporation, Pohang Iron and Steel Corporation (POSCO). Reports suggest that the construction of the steel plant will result in serious violations of the human rights of affected people, including the right to an adequate standard of living, right to food, right to adequate housing, right to water and sanitation, right to health, right to education, and other related rights of people living in extreme poverty. Reports further indicate that the rights of those opposing the project have been suppressed resulting in a series of human rights abuses.
07/08/2014
28/05/2014 JUA
BDI 1/2014 Burundi
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Allégations de l’arrestation et de la détention arbitraire du Président de l'Association pour la Protection des Droits Humains et des Personnes Détenues (APRODH) au Burundi. Selon les informations reçues, le 6 mai 2014, M. Mbonimpa aurait dénoncé l’existence de centres d’entraînement de jeunes Burundais à l’est de la République Démocratique du Congo (RDC) sur la Radio Publique Africaine. Le 15 mai 2014, vers minuit, M. Mbonimpa aurait été arrêté à l’aéroport de Bujumbura par un agent du Service national de renseignement. Il aurait ensuite été transféré dans les locaux de la police judiciaire de Bujumbura où il a été détenu. M. Mbonimpa aurait été mis en accusation sur le fondement des articles 579 et 602 du Code pénal respectivement pour « atteinte à la sûreté intérieure de l’État », et « atteinte à la sureté extérieure de l’État » en lien avec des remarques formulées à la radio. Le 20 mai 2014, il aurait été ramené à la prison centrale de Mpimba. M. Mbonimpa a fait l’objet d’une communication envoyé le 26 novembre 2009, voir A/HRC/13/22/Add.1, référence BDI 3/2009.
A /H
R C
/27/7273
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
28/05/2014 JUA
ISR 3/2014 Israel
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; OPT; Summary executions;
Alleged violent threats and intimidation carried out by the Israeli Defense Forces (IDF) against members of a human rights organization in Hebron, West Bank, occupied Palestinian territories. According to the information received, Youth Against Settlements (YAS) published a video online on 27 April 2014 of an altercation between an IDF soldier and two Palestinian youths. On 1 May 2014, the YAS centre was raided by around 20 heavily armed IDF soldiers, who reportedly threatened to shoot YAS members, including Mr. Issa Amro. On 2 May 2014, the IDF conducted military training at the YAS centre, following which IDF soldiers allegedly pointed their guns at YAS members. Serious concern is expressed at allegations of violent threats and intimidation targeting YAS members, including human rights defender Mr. Issa Amro, who was the subject of a previous communication sent on 2 August 2013, see A/HRC/25/74, case no. ISR 7/2013.
28/05/2014 JUA
THA 6/2014 Thailand
Arbitrary detention; Disappearances; Freedom of expression; Freedom of peaceful assembly and of association; Torture;
Allegations of the suspension of Constitutional guarantees, detention of senior political leaders and activists and the closure of multiple media outlets. According to the information received, on 22 May 2014, two days after the imposition of martial law, the Thai armed forces and police issued a statement, through the National Council for Peace and Order (NCPO), that they would assume control of the country. The NCPO reportedly issued 21 announcements and three orders, that, among others, suspended the Constitution, overturned the acting Government and bestowed all powers and responsibilities of the Prime Minister to the NCPO, ordered all radio and TV stations to stop broadcasting their regular programmes and prohibited political gatherings in any place of more than five people. Furthermore, the NCPO reportedly issued nine orders (as of 16:00 p.m., 26 May) to summon 231 individuals to the army base. Reportedly, most political leaders and activist summoned were transported to army camps in different locations in the Central region. Reportedly, family members have not been informed of their whereabouts.
13/06/2014
A /H
R C
/27/72
74
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
30/05/2014 JAL
COL 5/2014 Colombia
Adequate housing; Extreme poverty; Health; Water and Sanitation;
Alegaciones sobre los posibles efectos del proceso de revisión del Plan de Ordenamiento Territorial (POT) de la Oficina de Planeación Municipal de Medellín. Según la información recibida, una gran proporción de personas viviendo en extrema pobreza en Colombia se ha concentrado en asentamientos informales en zonas urbanas y periféricas. En el asentamiento informal El Faro, en la ciudad de Medellín, los residentes se enfrentan a una situación precaria de alto hacinamiento, sin acceso a servicios públicos básicos como agua y recolección de basura, a pesar de que muchos residentes pagan impuestos de propiedad. Los derechos de los residentes a un nivel de vida adecuado, a una vivienda adecuada, al agua y al saneamiento, y al nivel más alto posible de salud mental y física se ven amenazados. El Municipio declaró los territorios del barrio como inadecuadas para toda construcción urbana, y anunció un proyecto para construir un tanque de almacenamiento de agua en dichos terrenos, requiriendo la relocación de 37 familias. Se expresa preocupación ante estas alegaciones.
30/05/2014 JAL
OTH 5/2014 Other
Adequate housing; Extreme poverty; Freedom of peaceful assembly and of association; Health; Water and Sanitation;
Follow-up letter concerning alleged forced eviction of residents living in Jagatsinghpur District, Odisha, India and surrounding areas. According to the information received, up to 20, 000 people may be forced to leave their homes as a result of land being acquired for the construction of an integrated steel plant and a captive port by Korean steel corporation, Pohang Iron and Steel Corporation (POSCO). Reports suggest that the construction of the steel plant will result in serious violations of the human rights of affected people, including the right to an adequate standard of living, right to food, right to adequate housing, right to water and sanitation, right to health, right to education, and other related rights of people living in extreme poverty. Reports further indicate that the rights of those opposing the project have been suppressed resulting in a series of human rights abuses.
25/07/2014
A /H
R C
/27/7275
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
30/05/2014 JUA
PAK 8/2014 Pakistan
Freedom of religion; Minority issues; Summary executions;
Alleged killing and systematic persecution of Ahmadiyya Muslim minorities in Pakistan. According to the information received, on 13 May 2014, Messrs. Khalil Ahmad, Ghulam Ahmad, Israr Ahmad and Mubashir Ahmad were arrested by police on blasphemy charges in Sharaqpur, Pakistan. While three of these individuals were released on bail, Mr. Khalil Ahmad was kept in detention, where he was shot dead by a visiting minor. It is unclear why the minor was allowed to visit Mr. Ahmad. On 26 May 2014, Mr. Mehdi Ali Qamar, a US citizen, member of the Ahmadiyya Muslim community and a doctor on a humanitarian visit to Pakistan, was murdered in Rabwah, Pakistan. He was killed by two unknown men on motorbikes. Concerns are raised that the killing and persecution of these individuals may be related to their choice and peaceful practice of their religious beliefs.
02/06/2014
30/05/2014 JAL
SYR 5/2014 Syrian Arab Republic
Arbitrary detention; Health; Independence of judges and lawyers; Summary executions; Torture;
Allegations of arbitrary arrest and detention, denial of medical care in detention, torture and killing of a military judge. According to the information received, Mr. Naef Al Refai, born in 1973 in Damascus and a military judge of the Damascus Military Court, was apprehended by the Intelligence Services Branch in Al Kiswah district on 22 March 2013. In February 2014, he was reportedly sentenced to ten years of imprisonment for having “conspired to change the political system of the state” and for having released peaceful protesters “without consulting the Intelligence Services”. It is alleged that there was no trial, or that Mr. Al Refai was not informed about it, and was tried in absentia. At all stages of his detention and court proceedings, he had no access to a lawyer. Mr. Al Refai had no access to medical services, although his health conditions were seriously deteriorating. In May 2014, Mr. Al Refai died in detention, allegedly after having been subjected to torture and ill-treatment.
A /H
R C
/27/72
76
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
30/05/2014 AL
ZMB 1/2014 Zambia
Foreign debt;
Letter expressing concerns about increased reliance on deficit funding by the public sector in Zambia after the country’s debt was reduced through debt relief under the Heavily Indebted Poor Countries (HIPC) Initiative and the Multilateral Debt Relief Initiative in 2006. According to the information received, in November 2013, Zambia raised its external borrowing threshold significantly. Further, in April 2014, it placed 2014 USD 1 billion of sovereign bonds on international financial markets. Concerns are raised that there is a danger that the country may fall into a debt trap again if caution is not exercised in relation to borrowing, especially foreign-currency denominated borrowing on non-concessional terms.
A /H
R C
/27/7277
B. Replies received between 1 May and 31 July 2014 relating to communications sent before 1 March 2014
11. The table below lists, in chronological order, communications dating before 1 March 2014 to which a reply or an additional reply has been received in the period between 1 May and 31 July 2014. 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 OHCHR website. Some names of individuals or other information have been rendered anonymous or otherwise unidentifiable. Cases SYR 3/2013, MDA 5/2013, MEX 11/2013 and EGY 15/2013 were erroneously excluded from the previous report A/HRC/26/21 and are now included.
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/12/2012 JAL
USA 25/2012 United States of America
Extreme poverty; Human rights defenders; Migrants;
Alleged limitations on access to justice for migrant farmworkers in fourteen states of the U.S.A. According to information received, lack of legislation and implementation of existing legislation enables the detrimental nation-wide practice of denying or not allowing certain human rights defenders, in particular legal advocates and other community service providers, meaningful access to migrant farmworker in labour camps, including by allegedly harassing and threatening these human rights advocates.
02/05/2014
23/05/2013 JAL
COL 4/2013 Colombia
African descent; Business enterprises; Extreme poverty; Food; Minority issues; Water and Sanitation;
Alegaciones sobre los daños ocasionados por el vertimiento de sedimentos acumulados en la represa del Bajo Anchicayá a las minorías afrodescendientes que habitan en la zona. Según información recibida, dichos sedimentos provocaron la extinción de la fauna de la cuenca media y baja del río Anchicayá y también la contaminación del río, que era la única fuente de agua potable de dichas minorías, afectando de esta manera al acceso a una alimentación adecuada y al agua potable y energía eléctrica. Asimismo, se expresa preocupación por el hecho de que no existe una sentencia firme y definitiva después de más de diez años desde el vertimiento de los sedimentos. En este sentido, también se expresa preocupación por el presunto incumplimiento de las medidas impuestas a la Empresa de Energía del Pacífico (EPSA) por el Ministerio de Medio Ambiente y Desarrollo Sostenible.
13/09/2013 30/12/2013 30/05/2014
A /H
R C
/27/72
78
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
05/06/2013 JAL
USA 7/2013 United States of America
Freedom of religion; Indigenous peoples;
Allegations concerning the increasing number of state-level regulations that restrict the religious freedoms of Native American prisoners. According to the information received, indigenous peoples in the United States face high rates of imprisonment with an approximate 29,700 Native Americans incarcerated in prisons across the country as of
2011. Reportedly, while in prison, a significant number of Native Americans rely upon their freedom to carry out traditional religious practices for rehabilitation purposes and as a means to maintain their identity as members of indigenous peoples. However, numerous recent regulations in state correctional facilities have allegedly restricted Native American prisoners from engaging in traditional religious practices and possessing religious items. It is further alleged that the majority of these regulations are modified or created without meaningful consultation with Native Americans beyond processes for general public comment.
05/05/2014 16/07/2014
A /H
R C
/27/7279
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
28/06/2013 JUA
SYR 3/2013 Syrian Arab Republic
Arbitrary detention; Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers; Terrorism; Torture;
Alleged acts of reprisal, incommunicado detention and torture and ill-treatment of human rights defenders for their cooperation with the United Nations, its representatives and mechanisms in the field of human rights. According to the information received, several individuals, including Messrs. Mazen Darwish, Hussayn Gharir, Hani Zitani, Abdelrahman Alhamade and Mansour Al-Omari, who were arrested in the context of the raid on the offices of the Syrian Centre for Media and Freedom of Expression (SCM) on 16 February 2012, spent nine months in incommunicado detention while being refused access to medication. They have reportedly suffered torture and ill-treatment while in detention. Messrs. Alhamade and Al-Omari were reportedly released pending trial. Charges of promoting terrorist acts have been brought against all of them. It is believed that they relate to, and were motivated by, the SCM’s activities in defence of human rights, and that the SCM has been criticized as inciting international mechanisms to condemn Syria in response to its cooperation with various UN human rights mechanisms. Mr Khalil Matouk, a prominent human rights lawyer and Director of the Syrian Centre for Legal Studies and Research, at the time of writing reportedly remained in incommunicado detention with Mr Mohammed Thatha, a colleague. Mr Matouk has represented a number of human rights defenders legally and has submitted information to United Nations special procedures on these and other cases both before and after the start of the Syrian conflict. They were arrested on 2 October 2012 and Mr Matouk’s health has reportedly deteriorated to an alarming level. Previous communications have been sent on both cases dated 20 February 2012 (A/HRC/20/30), 8 May 2012 (A/HRC/21/49), 2 November 2012 (A/HRC/22/67) and 13 May 2013 (A/HRC/24/21).
31/03/2014
A /H
R C
/27/72
80
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/08/2013 JUA
TUR 4/2013 Turkey
Arbitrary detention; Freedom of expression; Human rights defenders; Independence of judges and lawyers; Terrorism;
Alleged attacks against the independence of the legal profession, in particular the alleged arrest, detention and launching of criminal proceedings against lawyers in the context of antiterrorism operations. According to information received, in November 2011, 47 lawyers, three law office employees and one journalist were allegedly arrested in Turkey in the scope of an operation aimed at dismantling a supposed terrorist network. The lawyers were reportedly taken into custody in Istanbul for allegedly being “members” or “executives” of the “illegal organization” Kurdish Communities Union (KCK) and for acting as “messengers” for the elaboration of the organization’s strategies. Concerns are expressed that the arrests, charges and criminal proceedings brought against the lawyers are mainly linked to the contacts they had with their clients within the scope of their professional duties and the legitimate exercise of their profession. Similar concerns were expressed in two previous urgent appeals in 2011 and 2012 (A/HRC/19/44 and A/HRC/20/30).
13/03/2014 05/05/2014
20/08/2013 UA
USA 13/2013 United States of America
Torture;
Alleged excessive use and practices of prolonged solitary confinement, poor conditions of detention and retaliatory measures. According to the information received, from 8 July 2013, hundreds of prisoners in the California Department of Corrections and Rehabilitation have been conducting a hunger strike in protest of being placed in solitary confinement and denied certain basic necessities. Allegedly, the protest is in response to inaction by prison officials after a negotiated agreement after a 20-day hunger strike in July 2011. The prisoners are protesting against being subjected to solitary confinement for over 22 hours a day, some prisoners have been enduring isolation for decades, with inadequate food rations and quality, and overly restrictive policies regarding hobby materials and family visits. Reportedly, there are concerns regarding retaliation against the strikers, by further restricting family visits and denying any opportunity to contact family over the phone. Reportedly, there are also threats being made by the Corrections Secretary to obtain a court order to begin force feeding the prisoners.
18/07/2014
A /H
R C
/27/7281
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
23/08/2013 JUA
USA 14/2013 United States of America
Health; Torture;
Alleged denial of medical treatment and the use of shackles during the eventual medical treatment. According to the information received, Ms Lynne Stewart was convicted in 2005 of providing material support to terrorists when she represented a client. In 2010, she was reportedly resentenced in light of a perjury charge to 10 years in prison. It is alleged that when she was imprisoned, her cancer had metastasized. She was scheduled for surgery within a week’s time. However, it is reported that she was denied the medical treatment until 18 months later, by which time the cancer had spread to her lymph nodes, shoulders, bones, and lungs. Allegedly the cancer is now stage 4 and has become terminal. It is also alleged that during her medical treatments for the cancer, she wasshackled to the bed with leg iron restraints, handcuffs and belly chains for no justifiable security reason.
16/07/2014
30/08/2013 JUA
EGY 13/2013 Egypt
Arbitrary detention; Freedom of expression; Human rights defenders; Summary executions;
Allegations regarding the escalating violence and intimidation against journalists and the media in Egypt. According to the information received, Al Jazeera Egypt and six other TV channels were reportedly shut down by Egyptian authorities in the early hours of the military coup on 3 July 2013. It is alleged that the channels include at least three Islamist-run TV stations including one operated by the Muslim Brotherhood. On the same day Al-Jazeera’s office, specifically Al Jazeera’s Mubasher Misr channel, was reportedly raided by the security forces, and a number of staff members were detained. Concerns are raised regarding these attacks against Al Jazeera media group and the alleged arbitrary arrests and detention of Messrs Ayman Mohamed Gaballa, Abdelfattah Fayed, Ahmad Hassan, Mohammed Badr, Mohamad Salheh, Abdullah El-Shamy, and alleged killings of Messrs’ Mick Deane, Ahmed Abdel Gawad, Mosab El-Shami Rassd, and Ms Habiba Ahmed Abd Elaziz.
04/10/2013 26/10/2013 05/06/2014
A /H
R C
/27/72
82
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
18/09/2013 JAL
MYS 9/2013 Malaysia
Migrants; Torture;
Alleged impact of security operations on the civilian population and alleged torture and other cruel, inhuman or degrading treatment of Filipino civilians. According to the information received, on 5 March 2013, the Royal Malaysian Air Force bombed the camp of an armed group of 235 militants, known as the “Royal Security Forces of the Sultanate of Sulu and North Borneo”. It is also reported that mortar strikes were used by the security forces as they advanced, allegedly resulting in casualties among civilians, including migrants. Furthermore, systematic torture and ill-treatment of Filipino civilians have been reported, in particular of Tausug migrants in Sabah by the police for violations of immigration laws both before and after “operation Daulat”. Moreover, it is alleged that human rights violations against the Tausug migrants have escalated in both number and severity since the incursion and the launch of the operation.
17/06/2014
23/09/2013 JUA
MDA 5/2013 Republic of Moldova
Discrimination against women in law and in practice; Independence of judges and lawyers; Torture; Violence against women;
Allegations of gang-rape of a pregnant woman by seven men; and of threats and acts of violence, harassment and intimidation by the alleged perpetrators. According to the information received, on 17 August 2013, while returning home, Ms X was approached by a young individual who offered to accompany her to the village of Y, her hometown. Soon after she accepted, Ms X was forced to get in a mini-bus and was taken to a field outside the village of Y. Ms X was brutally gang-raped by 7 men during the whole night. On 22 August 2013, five persons allegedly broke into Ms X’s house and threatened to kill her. It is reported that the alleged perpetrators were only apprehended by the police after a relative of Ms X had filed a formal complaint, and that they were released within 72 hours. It is further reported that the parents of the alleged perpetrators and a police officer visited Ms X and her relative at their home and forced her to sign a written declaration affirming that she had no complaint of rape against the alleged perpetrators. It is further alleged that the police failed to respond quickly and effectively after the above incidents were reported and that those officers investigating this case colluded with the alleged perpetrators.
04/03/2014
A /H
R C
/27/7283
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
15/11/2013 JUA
IRN 23/2013 Iran (Islamic Republic of)
Arbitrary detention; Independence of judges and lawyers; Iran; Minority issues; Summary executions; Torture;
Alleged risk of imminent execution in violation of international human rights law. According to the information received, Messrs Zaniar Moradi (or Zanyar Moradee) and Loghman Moradi (or Loqman Moradee), both members of the Kurdish community, at the time of writing were at risk of imminent execution. Messrs Zaniar Moradi and Loghman Moradi were the subject of three previous communications dated 15 November 2011 (A/HRC/19/44), 29 February 2012 (A/HRC/20/30) and 9 January 2013 (A/HRC/23/51), where it was alleged that the defendants had been subjected to torture and were forced to confess. The Government’s replies on their cases confirmed the sentences to death against Messrs Zaniar Moradi and Loghman Moradi, without providing details on how the imposition of the death penalty in these cases complied with international human rights law standards. The new information alleged in the current follow-up communication contains details of the allegations of torture against the defendants, as well as new allegations of violations of fair trial standards.
20/05/2014
19/11/2013 JUA
JPN 1/2013 Japan
Freedom of expression; Health;
Allegations concerning the draft Special Secrets Bill which could seriously restrict the right to freedom of opinion and expression in Japan. According to the information received, the Lower House of the Japanese Parliament was at the time of writing deliberating a bill, approved by the Cabinet in October 2013. The draft Bill reportedly includes a number of provisions that may not be in line with international human rights standards on freedom of opinion and expression and with Japan’s Constitution, which recognizes the right to access information as part of the right to freedom of expression as a fundamental right. It is alleged that, if enacted, the Bill would provide very broad grounds for secrecy, limited oversight on decisions to classify matters as state secrets, and potential penalization of disclosure of confidential information including by whistle-blowers’ and the press.
31/01/2014 31/01/2014 31/01/2014 20/06/2014
A /H
R C
/27/72
84
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
21/11/2013 JUA
MEX 11/2013 México
Arbitrary detention; Freedom of peaceful assembly and of association; Human rights defenders; Torture;
Presuntos repetidos allanamientos del domicilio de un defensor de derechos humanos, así como detención arbitraria, uso excesivo de la fuerza y actos de tortura y malos tratos contra él y otras cuatro personas. Según las informaciones recibidas, el domicilio del Sr. Juan Carlos Soni Bulos fue allanado sin autorización por las fuerzas del orden los días 22 y 23 de junio de 2013, y varias pertenencias fueron sustraídas. Estos hechos fueron denunciados ante las autoridades, con los Sres. Evanibaldo Larraga Galván y Luis Enrique Biu González como testigos. El 9 de noviembre de 2013, estos indivudos, así como los Sres. Luis Edgardo Charnichart Ortega y el Sr. X, fueron violentamente arrestados por efectivos del cuerpo de la Marina. El Sr. Soni Bulos fue imputado por posesión de armas de fuego y drogas y remitido a un centro penitenciario, al igual que Evanibaldo Larraga Galván, Luis Edgardo Charnichart Ortega y Luis Enrique Biu González. El Sr. X, menor de edad, fue remitido a un centro de internamiento juvenil. Juan Carlos Soni Bulos es miembro de la ONG Academia de la Cultura Indígena de la Huasteca Potosina (ACIHPAC), actualmente beneficiario del Mecanismo Nacional de Protección a Personas Defensoras de los Derechos Humanos y Periodistas.
28/03/2014
25/11/2013 JUA
EGY 15/2013 Egypt
Arbitrary detention; Torture;
Alleged arbitrary detention, torture and denial of medical treatment. According to the information received, in August 2013, Mr Ahmed Hassan Al-Din was reportedly arrested by law enforcement and State security officers and taken to Tajamo Awawal Police Station in New Cairo District 2. While detained, Mr Al-Din was allegedly beaten and insulted by several police officers. On 20 August, he was transferred to the State Security Investigation building, where he was reportedly put in a small cell and left handcuffed in a stress position for eight hours. While blindfolded, he was reportedly punched several times in the face before being taken to an interrogation room. He was later transferred to Tora prison in Aqrab, where he remained detained at the time of writing. It is reported that Mr Al-Din suffers from back pain as a result of falling twice when forced to walk down the stairs blindfolded. In an attempt to protest his situation, on 24 October 2013, Mr Al-Din began a hunger strike and on 4 November, he refused to take liquids.
10/03/2014
A /H
R C
/27/7285
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/11/2013 JAL
SLV 2/2013 El Salvador
Cultural Rights; Disappearances; Truth, justice, reparation & guarantees on non-rec;
Presunto cierre de la Oficina de Tutela Legal (Tutela Legal) de la Arquidiócesis de San Salvador y de su archivo que contendría información sobre casos de violaciones a los derechos humanos, incluyendo desapariciones forzadas. Según la información recibida, el día 30 de septiembre de 2013, la Arquidiócesis de San Salvador decretó el cierre de la Oficina de Tutela Legal de dicho Arzobispado. Se expresa preocupación por la protección de los aproximadamente 50.000 archivos en poder de Tutela Legal y por la preservación de la confidencialidad de los datos que contiene. Se señala la importancia del resguardo del Archivo, por el riesgo que podría representar para numerosas víctimas, familiares y testigos y para la promoción de la verdad, la justicia, la reparación y las garantías de no-repetición. La decisión de cerrar la Oficina de Tutela Legal ocurre diez días después de la admisión por la Sala de lo Constitucional de una demanda de inconstitucional contra la Ley de Amnistía General para la Consolidación de la Paz; proceso que podría permitir la apertura de procesos judiciales y en el marco de los cuales la documentación y archivos de la Oficina de Tutela Legal podrían jugar un rol central.
26/05/2014 26/05/2014
12/12/2013 AL
IND 11/2013 India
Torture;
Alleged torture and ill-treatment of 11 individuals by Border Security Forces (BSF) in the West Bengal Region. According to the information received, medical personnel in the areas concerned refused to examine Mr. X, Mr. Mondal Chhanarul, Mr. Sardar Majim, Mr. Molla Boltu, Mr. Mondal Rajan, Mr. Golam Mostafa, Mr. Islam Sariful, Mr. Jiyad Ali Gazi, Ms. Kunuwara Bibi, Ms. Sujar Bibi and Ms. Talisma Bibi, out of fear of reprisals by BSF. Allegedly, police officers refused to register the complaints filed against BSF, for the same reason, and the cases of the victims have not been investigated. Furthermore, there are reports of about 200 similar cases concerning torture and ill- treatment committed by BSF and of impunity in this regard.
31/07/2014
A /H
R C
/27/72
86
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/12/2013 JUA
SYR 7/2013 Syrian Arab Republic
Disappearances; Human rights defenders;
Alleged enforced disappearance of four activists by an unknown group in the Syrian Arab Republic. According to the information received, on 9 December 2013, activists and human rights defenders Ms. Razan Zaitouneh, Mr. Wa’el Hamada, Mr. Nazem Hamadi and Ms. Samira Khalil, were allegedly abducted by unknown individuals from a joint office of the Violations Documentation Center (VDC) and the Local Development and Small Projects Support (LDSPS), located in Douma of Rif Dimashq, Syrian Arab Republic. Prior to the alleged abductions, it is reported that Mr. Hamada, Ms. Zaitouneh’s husband, was imprisoned for several months before being released. In addition, a person associated with the aforementioned individuals was reportedly detained by the Air Force intelligence services. It is further reported that Ms. Zaitouneh was forced into hiding in 2011 after receiving threats from Syrian authorities due to her activities in documenting human rights violations. It is also reported that during the previous months, Ms. Zaitouneh received threats from at least one armed opposition group in the Eastern Ghouta area. The fate and whereabouts of Ms. Razan Zaitouneh, Mr. Wa’el Hamada, Mr. Nazem Hamadi and Ms. Samira Khalil remain unknown.
09/07/2014
02/01/2014 JAL
THA 8/2013 Thailand
Slavery; Trafficking; Violence against women;
Alleged failure to provide compensation and enforce remedies for two Thai nationals, who were trafficked from Thailand to Italy. According to the information received, in 2006, Ms. X and Ms. Y were promised well paying jobs in Italy by one of their neighbours. However, upon arrival in the country in February 2006, they were forced into prostitution. Less than four months following their arrival, reports indicate that the police raided the brothel where they were forced to work in. The two victims were initially arrested for irregularly residing in the country but after screening interviews the charges were dropped and they were repatriated to Thailand. After their return, the two women pressed charges and on 12 October 2007 the Court of First Instance of Thailand convicted the accused under the Act to Prevent and Suppress Prostitution and handed her an 18 year imprisonment sentence as well as compensation for the victims. It is alleged that the accused escaped from Thailand to Italy before the verdict was delivered and that the conviction has yet to be enforced and compensation paid.
22/07/2014
A /H
R C
/27/7287
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
10/01/2014 JAL
IND 1/2014 India
Summary executions; Torture;
Alleged death in custody. According to the information received, on 3 March 2013, Mr. X was arrested by the police on suspicion of murder and later transferred to the preliminary detention centre in Khetri, India, where he was held from 10 July 2013 onwards. It is alleged that Mr. X was forced to admit to the offence and was subsequently charged with murder. No information is available regarding the details of his trial and conviction. On an unknown date, Mr. X was reportedly found dead in his cell. While the circumstances of his death are unclear, it is alleged that Mr. X died as a result of torture. Mr. X’s family is reportedly reluctant to file a complaint out of fear of reprisals. Concern is expressed about the circumstances of the death of Mr. X while in custody.
17/01/2014 31/07/2014
28/01/2014 JAL
RUS 1/2014 Russian Federation
Business enterprises; Indigenous peoples;
Allegations of discrimination against the indigenous Evenki “Dylacha” community. According to the information received, “Dylacha” is an indigenous Evenki obshchina (clan community) founded in 1992 and located in Bauntovski Evenkiisky District, Baikal region, Republic of Buryatia. Dylacha held a license to carry out mining and related processing of nephrite, a type of jade. The livelihood of the indigenous peoples of the Baikal region has been based on mining and processing of nephrite for hundreds of years. Reportedly, although Dylacha has complied with relevant Russian legislation and regulations in carrying out its activities, including its mining operations, Government authorities have dissolved Dylacha alleging that its activities were in violation of Russian legislation. Specifically, it was alleged that the community is not permitted to carry out “non-traditional activities" but only has the right to generate earnings from fishing, hunting and reindeer husbandry. These actions against Dylacha have allegedly caused it to experience significant economic hardship.
14/05/2014
28/01/2014 JAL
LKA 1/2014 Sri Lanka
Discrimination against women in law and in practice; Migrants;
Alleged discrimination against women of a circular issued by the Sri Lanka Bureau of Foreign Employment. According to the information received, Circular No. 13/2013, issued by the Sri Lanka Bureau of Foreign Employment on 7 June 2013, requests all licensed foreign employment agencies to obtain an assurance of the state of health and actual state of affairs at home from female domestic migrant workers in order to issue a clearance of “their state of affairs” in Sri Lanka so as to migrate for work abroad. It is alleged that the provisions of this circular discriminate against women and restrict their rights to freedom of movement and work.
27/05/2014
A /H
R C
/27/72
88
Date Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/02/2014 JAL
BOL 2/2014 Bolivia
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Summary executions;
Presuntos actos intimidatorios, vigilancia y amenazas, incluyendo amenazas de muerte, contra defensores de derechos humanos. Según la información recibida, desde el mes de noviembre de 2013, la Sra. Emma Bolshia Bravo Caldera, así como otros trabajadores de ITEI, habrian recibido numerosas llamadas intimidatorias haciendoles saber que estaban siendo vigilados. Asimismo, en diciembre de 2013, la Sra. Bravo Caldera habria recibido una llamada amenazandole de muerte. Se expresa preocupación por la integridad física y psicológica de la Sra. Bravo Caldera y otros integrantes de ITEI, y por las alegaciones de que los actos de intimidación y amenazas pudieran estar relacionadas con sus actividades de promoción y protección de los derechos humanos, en particular su trabajo con víctimas de tortura.
23/06/2014
28/02/2014 JAL
CUB 1/2014 Cuba
Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders;
Presunto hostigamiento y detención de defensores y defensoras de derechos humanos y activistas en conexión con la segunda Cumbre de la Comunidad de Estados Latinoamericanos y Caribeño (CELAC). CELAC se celebró los días 28 y 29 de enero de 2013 en La Habana. Según la información recibida, el Sr José Daniel Ferrer García y la Sra Yusmila Reina Ferrera fueron detenidos durante 48 horas. El 6 de febrero de 2014, el Sr Jorge Luis García Pérez “Antúnez” y la Sra Donaida Pérez Paseiro fueron arrestados arbitrariamente y la vivienda de el Sr. Garcia Perez fue allanada. El Sr Garcia Perez habría realizado una huelga de hambre durante unos dias para reclamar la devolucion de los materiales que le habrian sido confiscados. El Sr Geobanis Izaguirre Hernández y el Sr Ernesto Ortiz Betancourt fueron golpeados durante una marcha pacífica el 7 de febrero de 2014. Se expresa consternación sobre alegaciones de hostigamiento a activistas y defensores de derechos humanos en conexión con el legitimo ejercicio de la libertad de reunión pacífica y la libertad de expresión.
12/06/2014
89
Appendix
Mandates of special procedures
Mandate title
Human Rights Council
resolution
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
25/17
Working Group on people of African descent 18/28
Working Group on Arbitrary Detention 15/18
Special Rapporteur on the situation of human rights in Belarus 23/15
Special Rapporteur on the situation of human rights in Cambodia 24/29
Independent Expert on the situation of human rights in Central African Republic 24/34
Independent Expert on capacity-building and technical cooperation with Côte d’Ivoire 26/32
Special Rapporteur in the field of cultural rights 19/6
Independent expert on the promotion of a democratic and equitable international order 18/6
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
25/25
Special Rapporteur on the rights of persons with disabilities 26/20
Special Rapporteur on the situation of human rights in Eritrea 23/21
Working Group on Enforced or Involuntary Disappearances 16/16
Independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights
25/16
Special Rapporteur on the right to education 26/17
Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
19/10
Special Rapporteur on extreme poverty and human rights 26/3
Special Rapporteur on the right to food 22/9
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
25/2
Special Rapporteur on the rights to freedom of peaceful assembly and of association 24/5
Special Rapporteur on freedom of religion or belief 22/20
Independent Expert on the situation of human rights in Haiti PRST 25/1
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
26/21
90
Mandate title
Human Rights Council
resolution
Special Rapporteur on the situation of human rights defenders 25/18
Special Rapporteur on the independence of judges and lawyers 26/7 Special Rapporteur on the rights of indigenous peoples 24/9
Special Rapporteur on the human rights of internally displaced persons 23/8
Special Rapporteur on the situation of human rights in the Islamic Republic of Iran 25/24
Independent Expert on the situation of human rights in Mali 25/36
Working Group on the use of mercenaries 24/13
Special Rapporteur on the human rights of migrants 26/19
Special Rapporteur on minority issues 25/5
Special Rapporteur on the situation of human rights in Myanmar 25/26
Independent Expert on the enjoyment of all human rights by older persons 24/20 Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
5/1
Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non- recurrence
18/7
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
25/32
Special Rapporteur on the sale of children, child prostitution and child pornography 25/6
Special Rapporteur on contemporary forms of slavery 24/3
Independent Expert on human rights and international solidarity 26/6
Independent Expert on the situation of human rights in the Sudan 24/28
Independent Expert on the situation of human rights in Somalia 24/30
Special Rapporteur on extrajudicial, summary or arbitrary executions 26/12 Special Rapporteur on the situation of human rights in the Syrian Arab Republic S-18/1
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
22/8
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
25/13
Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
18/11
Special Rapporteur on trafficking in persons, especially women and children 26/8
Working Group on the issue of human rights and transnational corporations and other business enterprises
26/22
91
Mandate title
Human Rights Council
resolution
Special Rapporteur on violence against women, its causes and consequences 23/25
Working Group on the issue of discrimination against women in law and in practice 23/7
Special Rapporteur on the human right to safe drinking water and sanitation 24/18