32/53 Communications report of Special Procedures
Document Type: Final Report
Date: 2016 May
Session: 32nd Regular Session (2016 Jun)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.16-08582(E)
Human Rights Council Thirty-second 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 December 2015 to 29 February 2016;
Replies received, 1 February to 30 April 2016
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 Independent Expert on the enjoyment of human rights by persons with
albinism; the Working Group of Experts on people of African descent; the Working
Group on arbitrary detention; the Special Rapporteur on the situation of human
rights in Belarus; the Special Rapporteur on the situation of human rights in
Cambodia; the Independent Expert on the situation of human rights in the Central
African Republic; 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 rights of persons with
disabilities; 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 the situation of human rights in Eritrea;
* The present report is circulated as received.
United Nations
A/HRC/32/53
General Assembly Distr.: General 27 May 2016
English/French/Spanish only
the Special Rapporteur on extreme poverty and human rights; the Special
Rapporteur on 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 Independent Expert on the enjoyment of
all human rights by older persons; the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967; the Special Rapporteur on
the right to privacy; 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 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; the 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 Special Rapporteur on the promotion of truth,
justice, reparation & guarantees of non-recurrence; the Working Group on the issue
of human rights and transnational corporations and other business enterprises; the
Special Rapporteur on the negative impact of the unilateral coercive measures on the
enjoyment of human rights; 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
Page
Abbreviations ................................................................................................................................... 4
I. Introduction ...................................................................................................................................... 6
II. Communications sent and replies received ...................................................................................... 11
A. Communications sent between 1 December 2015 and 29 February 2016 and replies
received between 1 February and 30 April 2016 ..................................................................... 11
B. Replies received between 1February and 30 April 2016
relating to communications sent before 1 December 2015 ...................................................... 93
Appendix
Mandates of special procedures ....................................................................................................... 114
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
Albinism Independent Expert on the enjoyment of human rights by persons with albinism
African Descent
Arbitrary detention
Working Group of Experts 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 capacity-building and technical cooperation with Côte d’Ivoire in the
field of human rights
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
Disability Special Rapporteur on the rights of persons with disabilities
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 Special Rapporteur 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
Privacy Special Rapporteur on the right to privacy
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
Hazardous substances and
wastes
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
Unilateral coercive
measures
Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment
of human rights
Violence against women Special Rapporteur on violence against women, its causes and consequences
Water and Sanitation Special Rapporteur on the human right to safe drinking water and sanitation
Other abbreviations
AL Letter of allegation
JAL Joint letter of allegation
JUA Joint urgent appeal
UA Urgent appeal
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, paras 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, paras. 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, and letters of allegations sent by special
procedures mandate holders between 1 December 2015 and 29 February 2016 and replies
received between 1 February and 30 April 2016. Communications sent before 1 December
2015 are reported in A/HRC/31/79, A/HRC/30/27, A/HRC/29/50, A/HRC/28/85,
A/HRC/27/72, 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 February and 30 April 2016
relating to communications sent by special procedures mandate holders before 1 December
2015. 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 individual concerned or their direct
family 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 December 2015 and 29 February
2016, and responses received in relation to these communications up to 30 April 2016.
Communications and replies by mandate
Mandate
Reporting period:
1 December 2015 to 29 February 2016
Reporting period:
1 June 2006 to 29 February 2016
Communications
sent
replied to by 30
April 2016
response
rate
Communications
sent
replied to by 30
April 2016
response
rate
Adequate housing 6 0 0% 295 142 48%
African descent 1 1 100% 16 10 63 %
Albinism 2 0 0% 4 0 0%
Arbitrary detention (+) 13 6 46% 1,300 723 56 %
Belarus* 0 0 0 % 9 6 67 %
Burundi** 0 0 0 % 6 0 0%
Business enterprises 26 11 42% 61 31 51 %
Cambodia 2 1 50% 26 5 19%
Central Africa 0 0 0 % 1 0 0%
Cultural Rights 7 0 0% 53 33 62%
Democratic and equitable international order 0 0 0 % 14 9 64%
Disability 3 0 0% 20 8 40%
Disappearances (+) 5 1 20% 321 144 45%
Discrimination against women in law and in
practice
8 2 25% 158 73 46%
DPR Korea 2 0 0% 9 1 11%
Education 0 0 0% 66 40 61%
Environment 10 4 40% 32 17 53%
Eritrea 0 0 0% 2 0 0%
Extreme poverty 6 2 33% 51 35 69%
Food 7 2 29% 213 83 39%
Foreign debt 0 0 0% 14 9 64%
Freedom of expression 58 25 43% 2,512 1,312 52%
Freedom of peaceful assembly and of
association
47 22 47% 862 508 59%
Freedom of religion 9 6 67% 416 249 60%
Haiti 0 0 0% 9 3 33%
Hazardous substances and wastes*** 14 5 36% 62 36 58%
Mandate
Reporting period:
1 December 2015 to 29 February 2016
Reporting period:
1 June 2006 to 29 February 2016
Communications
sent
replied to by 30
April 2016
response
rate
Communications
sent
replied to by 30
April 2016
response
rate
Health 36 12 33% 491 274 55%
Human rights defenders 59 23 39% 2,796 1,565 56%
Independence of judges and lawyers 18 7 39% 1,088 580 53%
Indigenous peoples 14 7 50% 350 206 59%
Internally displaced persons 0 0 0% 19 7 37%
Iran 6 0 0% 111 55 50%
Liberia 0 0 0% 2 0 0%
Mercenaries 0 0 0% 70 26 37%
Migrants 2 1 50% 214 135 63%
Minority issues 3 2 67% 214 127 59%
Myanmar 1 1 100% 104 51 49%
Older persons 0 0 0% 1 1 100%
OPT 3 0 0% 33 7 21%
Privacy 2 1 50% 2 1 50%
Racism 1 1 100% 109 65 60%
Sale of children 2 0 0% 55 21 38%
Slavery 3 1 33% 39 21 54%
Somalia 4 2 50% 17 3 18%
Sudan 2 2 100% 29 6 21%
Summary executions 22 6 27% 1,199 571 48%
Terrorism 7 3 43% 272 129 48%
Torture 29 5 17% 2,027 1,081 53%
Trafficking 1 1 100% 75 44 59%
Truth, justice, reparation & guarantees on
non-rec
2 0 0% 35 19 54%
Unilateral coercive measures 1 1 100% 1 1 100%
Violence against women 10 2 20% 506 263 52%
Water and Sanitation 4 3 75% 68 42 62%
(*) mandate re-established in June 2012, (**) mandate terminated, (***) mandate name changed from ‘toxic waste’
(+) 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.
A /H
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II. Communications sent and replies received
A. Communications sent between 1 December 2015 and 29 February 2016 and replies received between 1
February and 30 April 2016
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
01/12/2015
AL
BRA 9/2015
Brazil
Indigenous
peoples;
Alleged lack of adequate action to stop ongoing forest fires in Arariboia protected
land, an area which contains Amazon rainforest. According to the information
received, the forest fires are threatening indigenous peoples who live in the
protected area, including Tenetehara / Guajajara peoples and Awá peoples who live
in voluntary isolation. There are allegations of a lack of adequate, timely and
coordinated steps by the authorities to extinguish the fire and protect indigenous
peoples. Concern is also raised about an alleged lack of investigation into the cause
of the fire, which may have been deliberately started by illegal loggers as an act of
retaliation against indigenous peoples following defence of their land rights.
05/02/2016
A /H
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/3 2
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
01/12/2015
JUA
TUR 4/2015
Turkey
Freedom of
expression;
Independence of
judges and
lawyers; Summary
executions;
Alleged killing of a well-known human rights lawyer in Diyarbakir, Turkey.
According to the information received, Mr. Tahir Elçi, a human rights lawyer and
head of the Bar Association of Diyarbakir, was shot dead on 28 November 2015 in
what was reported as a ‘gun battle’ between police officers and unidentified armed
men in the old town of Diyarbakir. His death happened shortly after he had
delivered a press statement, calling for an end to violence between Turkish security
forces and the Kurdistan Workers Party (PKK). Serious concerns are expressed
about the killing of Mr. Tahir Elçi and the possible negative effect it could have on
lawyers and human rights defenders, in particular with regard to the exercise of
their right to freedom of opinion and expression. The authorities are called to carry
out a thorough, independent and transparent investigation and bring those
responsible to justice, in line with Turkey’s international human rights obligations.
31/12/2015
01/12/2015
AL
USA 20/2015
United States of
America
Summary
executions;
Alleged large number of killings as a result of gun violence in the United States of
America. According to the information received, 49 school shootings were
reported so far in the country in 2015. Reports also indicate that in 2015 alone
there were 41,909 incidents of gun violence leading to 10,577 deaths, and 21,499
persons injured. 274 mass shootings were also reported in this period, as well as
1,500 accidental shootings. Concern is expressed that the legal framework in place
for the use and possession of firearms in the country may not provide an
environment conducive to the protection of the right to life and may therefore be in
breach of the State’s duty to exercise due diligence to prevent violations of this
right.
A /H
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/3 2
/5 3
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/12/2015
JAL
PAK 12/2015
Pakistan
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Summary
executions;
Allegations concerning the killing of a Pakistani journalist and human rights
activist in relation to the exercise of his legitimate right to freedom of opinion and
expression. According to the information received, on 3 November 2015, Mr.
Zaman Mehsud was shot dead by unknown gunmen while riding his motorbike in
Tank, Khyber Pakhtunkhwa, Pakistan. Mr. Mehsud was a journalist and member of
the Human Rights Commission of Pakistan, a non-governmental organization. It is
reported that a Taliban commander claimed responsibility for the attack hours after
it occurred. Mr. Mehsud is reportedly one of 50 journalists who have been killed in
Pakistan since 2001. Reports indicate that only two of these cases have resulted in
convictions against the perpetrators. Five of these murders, including Mr.
Mehsud’s killing, have occurred in 2015. Serious concern is expressed over the
dangerous conditions journalists and human rights defenders encounter in Pakistan
when exercising their legitimate rights to freedom of opinion and expression, and
freedom of association.
03/12/2015
JAL
KHM 6/2015
Cambodia
Cambodia;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged physical harassment of two Parliamentarians of the main opposition
Cambodia National Rescue Party (CNRP) in their legitimate and peaceful exercise
of the right to freedom of association and the right to participate in political and
public life. According to the information received, on 26 October 2015, Mr. Kong
Saphea and Mr. Nhay Chamroeun were violently assaulted following a large-scale
pro-Government protest outside Cambodia’s National Assembly building in
Phnom Penh involving heavy presence of law enforcement officers in civilian
clothing. Mr. Saphea and Mr. Chamroeun were dragged out of their official
vehicles and severely beaten by a group of masked men in the alleged presence of
the police. As a result of the violent attack, the two Parliamentarians reported
serious injuries. The home of Mr. Kem Sokha, the Vice-President of the opposition
Cambodia National Rescue Party (CNRP) in Phnom Penh was also attacked by a
group of several hundred protesters later in the day. The police reportedly took no
effective action to stop violence.
A /H
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1 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
03/12/2015
JUA
IRN 23/2015
Iran (Islamic
Republic of)
Disappearances;
Freedom of
expression;
Human rights
defenders;
Independence of
judges and
lawyers; Iran;
Torture;
Alleged prosecution of teachers and teachers’ organizations in the Islamic Republic
of Iran. According to the information received, Mr. Esmail Abdi, General
Secretary of the Iranian Teachers’ Trade Association (ITTA), was arrested in June
2015 and is currently being held in Evin Prison in Tehran on unknown charges.
The whereabouts of Mr. Ramin Zandnia, a well-known and active ITTA member,
and Ms. Pravin Mohammadi, a human rights activist, are unknown since their
arrest on 15 October 2015 by Revolutionary guards. Mr. Rasoul Bodahi, a member
of ITTA, is currently serving a three year prison sentence handed down to him
while he was already serving a prison sentence after he had been arrested in
September 2009. Mr. Abdholreza Ghanbari, a literature professor and unionist, was
arrested on 4 January 2010 and sentenced to 15 years in prison; he remains
imprisoned and in poor health. Mr. Ali Akbar Baghani, the Deputy Director of the
ITTA, was sentenced to 5 years in prison and has been detained since his arrest in
May 2015. Mr. Mohammad Reza Niknejad and Mr. Mehdi Bohlooli, both ITTA
activists, were released on a high bail after their arrest on 31 August 2015; their
trial is pending.
03/12/2015
JUA
KWT 6/2015
Kuwait
Arbitrary
detention;
Freedom of
religion; Health;
Independence of
judges and
lawyers; Torture;
Allegations of arbitrary arrest and detention, initially incommunicado, torture and
ill-treatment, including forced confessions, denial of access to adequate medical
treatment and services, and religious intolerance, including at least two instances of
denial of religious practice in detention, of 8 Kuwaiti citizens by Kuwaiti security
forces. According to the information received, Mr. Hasan Al Attar, Mr. Jassim
Mohamed Ghadanfari, Mr. Abdul Mohsen AlShatti, Mr. Hasan Ali Jamal, Mr.
Mohamed Jasim al-Meraj, Mr. Hasan Abdulhadi Hajih, Mr. Mohammed al-
Husaini, and Mr. Abdulla al-Husain were all arrested, separately, in August 2015,
and transferred to the State Security detention centre where they were held
incommunicado and allegedly tortured for several days. Following forced
confessions, they were transferred to the Central Prison of Kuwait. Several of them
were reportedly denied access to a lawyer.
17/12/2015
21/01/2016
A /H
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
03/12/2015
JUA
PER 5/2015
Peru
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alegaciones de atentados a la vida, amenazas de muerte y cargos judiciales contra
un defensor de derechos humanos. Según las informaciones recibidas, el 15 de
septiembre de 2015, el periodista Sr. César Estrada Chuquilin habría sufrido un
atentado después de haber participado en una inspección de un proyecto minero de
la empresa Minera Yanacocha, en la región de Cajamarca, Perú. Posteriormente, el
26 de octubre de 2015, el Sr. Chuquilin habría recibido amenazas de muerte en
relación con su documentación y activismo acerca del efecto medioambiental del
mismo proyecto. El 31 de octubre de 2015, el defensor habría sido víctima de otro
atentado. El 4 de noviembre, la esposa de Sr. Estrada Chuquilin recibió amenazas
de muerte mientras que el Sr. Estrada Chuquilin asistió a una conferencia de
defensores de derechos humanos en Dublín, Irlanda. Además, Sr. Chuquilin está
enfrentando procesos judiciales acusado de secuestro que según el defensor, no
tiene fundamento. El juicio está programado para enero de 2015.
A /H
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
03/12/2015
JAL
VEN 15/2015
Venezuela
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Alegaciones sobre restricciones a la libertad de expresión y asociación en el marco
del proceso electoral legislativo el 6 de Diciembre de 2015. Según la información
recibida, el activista político Luis Díaz habría muerto de un disparo durante un
evento de campaña electoral. Se reportan otros actos de intimidación y violencia
durante eventos de esa naturaleza. Adicionalmente, se alega que la detención
arbitraria de líderes políticos de la oposición tendría como efecto de restringir el
debate democrático y las libertades públicas de sectores de la sociedad. Asimismo,
se reporta la inhabilitación política de líderes de oposición, impedidos de
postularse como candidatos, la cual no se basaría sobre decisión judicial o
administrativa. Se reportan otros obstáculos que pondrían en duda la independencia
e imparcialidad del Consejo Nacional Electoral, órgano rector y ejecutor de las
elecciones. Se expresa preocupación por un ambiente pre electoral que parece no
contar con las garantías necesarias en la satisfacción de las y libertades públicas de
las víctimas. (Comunicaciones previas, ver: A/HRC/24/21, caso VEN 4/2013 del
16 de mayo 2013; A/HRC/27/72, caso VEN 1/2014 del 3 de marzo 2014;
A/HRC/28/85, caso 5/2014 del 27 de junio 2014; A/HRC/28/85, caso VEN 6/2014
del 6 de agosto 2014; A/HRC/29/50, caso VEN 8/2014 del 22 de diciembre 2014;
A/HRC/29/50, caso VEN 3/2015 del 23 de febrero 2015; A/HRC/30/27, caso VEN
6/2015 del 28 de mayo 2015 y caso VEN 13/2015 del 8 de noviembre 2015.
23/12/2015
A /H
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/12/2015
JUA
BDI 7/2015
Burundi
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders; Truth,
justice, reparation
& guarantees on
non-rec;
Allégations de violations des droits à la liberté d’association et liberté d’opinion et
expression de plusieurs associations ainsi que du directeur d’un journal
indépendant au Burundi. Selon les informations reçues, les comptes bancaires de
dix organisations non-gouvernementales auraient été gelés et une ordonnance
ministérielle aurait ordonné la suspension de leurs activités. Un ordre d’extradition
aurait été formulé contre M. Antoine Kaburahe en lien avec ses activités légitimes
en tant que journaliste. Des préoccupations sont exprimées quant au fait que ces
mesures cherchent à restreindre les activités légitimes des organisations de la
société civile et des médias au Burundi. Des préoccupations sont exprimées quant
au fait que ces atteintes au droit à la liberté d’association et au droit à la liberté
d’opinion et d’expression auraient lieu dans un contexte de graves violations des
droits de l’homme dont seraient responsables notamment les forces de sécurité
burundaises, et pourraient faire partie d’une répression systématique de la société
civile et des médias indépendants au Burundi. Cette situation pousserait un nombre
croissant de défenseurs des droits de l’homme et de journalistes à fuir le pays.
07/12/2015
JAL
OTH 10/2015
Other
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged stigmatization and criminal proceedings against a civil society association
and its members. According to the information received, on 17 April 2015, an
online statement was made by the Committee of State Security (KGB) of the
Transnistrian region of the Republic of Moldova in which the human rights
association, Promo-LEX, and its members were accused of being funded by
western donors in order to destabilize the region of Transnistria, and to pose a
direct threat to the security of the area. The statement also announced ‘special
investigation measures’ against Promo-LEX, in preparation of criminal
proceedings against the association and its members. On 7 May 2015, a second
online statement was emitted by the KGB of the Transnistrian region, in which the
Director of Promo-LEX, Mr. Ion Manole, was personally targeted and stigmatized.
The communication was sent through the UN Resident Coordinator in the Republic
of Moldova to the relevant authorities in the Transnistrian region and the same
communication was sent to the Republic of Moldova, see below, case no. MDA
5/2015.
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Type
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Country Mandate(s) Summary of the allegation transmitted Reply
07/12/2015
JAL
OTH 11/2015
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Indigenous
peoples; Water
and Sanitation;
Letter to BHP Billiton Ltd on alleged detrimental human rights impacts caused by
the collapse of an ore tailing waste dam in Bento Rodrigues, a district of Mariana
municipality in Minas Gerais state, Brazil, belonging to Samarco Mining S.A., a
joint venture between Vale S.A. and BHP Billiton Brazil Ltd. According to the
information received, 50 million cubic metres of iron ore waste washed away the
Bento Rodrigues district of 600 inhabitants and the ‘mud wave’ penetrated the
whole extension of the Doce river and the sea beyond the estuary, affecting the
entire ecosystem of the region in its downstream path of 850 km towards the sea.
Around 3 million people are estimated to be affected. Studies have shown the
toxicity of the wastes, with high levels of hazardous substances such as arsenic,
barium, lead, manganese, copper, iron, nickel, zinc, antimony, chrome, cobalt,
vanadium, phosphor and aluminium reported. Most cities in the flood path have
had water cuts, since their main water source is the Doce River and the water is
untreatable for human consumption due to the large presence of suspended solids
and heavy metals. It is reported that 11 bodies have been found and 12 persons are
missing. Hospitals have also received patients displaying symptoms of intoxication
by heavy metals. Similar communications were sent to Samarco Mining and Vale,
see below, case nos. OTH 12/2015 and 13/2015.
10/12/2015
14/01/2016
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/12/2015
JAL
OTH 12/2015
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Indigenous
peoples; Water
and Sanitation;
Letter to Samarco Mining S.A. on alleged detrimental human rights impacts caused
by the collapse of an ore tailing waste dam in Bento Rodrigues, a district of
Mariana municipality in Minas Gerais state, Brazil, belonging to Samarco Mining
S.A., a joint venture between Vale S.A. and BHP Billiton Brazil Ltd. According to
the information received, 50 million cubic metres of iron ore waste washed away
the Bento Rodrigues district of 600 inhabitants and the ‘mud wave’ penetrated the
whole extension of the Doce river and the sea beyond the estuary, affecting the
entire ecosystem of the region in its downstream path of 850 km towards the sea.
Around 3 million people are estimated to be affected. Studies have shown the
toxicity of the wastes, with high levels of hazardous substances such as arsenic,
barium, lead, manganese, copper, iron, nickel, zinc, antimony, chrome, cobalt,
vanadium, phosphor and aluminium reported. Most cities in the flood path have
had water cuts, since their main water source is the Doce River and the water is
untreatable for human consumption due to the large presence of suspended solids
and heavy metals. It is reported that 11 bodies have been found and 12 persons are
missing. Hospitals have also received patients displaying symptoms of intoxication
by heavy metals. Similar communications were sent to BHP Billiton Ltd, see
above, case no. OTH 11/2015, and to Vale S.A , see below, case no. OTH 13/2015.
14/01/2016
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/12/2015
JAL
OTH 13/2015
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Indigenous
peoples; Water
and Sanitation;
Letter to Vale S.A on alleged detrimental human rights impacts caused by the
collapse of an ore tailing waste dam in Bento Rodrigues, a district of Mariana
municipality in Minas Gerais state, Brazil, belonging to Samarco Mining S.A., a
joint venture between Vale S.A. and BHP Billiton Brazil Ltd. According to the
information received, 50 million cubic metres of iron ore waste washed away the
Bento Rodrigues district of 600 inhabitants and the ‘mud wave’ penetrated the
whole extension of the Doce river and the sea beyond the estuary, affecting the
entire ecosystem of the region in its downstream path of 850 km towards the sea.
Around 3 million people are estimated to be affected. Studies have shown the
toxicity of the wastes, with high levels of hazardous substances such as arsenic,
barium, lead, manganese, copper, iron, nickel, zinc, antimony, chrome, cobalt,
vanadium, phosphor and aluminium reported. Most cities in the flood path have
had water cuts, since their main water source is the Doce River and the water is
untreatable for human consumption due to the large presence of suspended solids
and heavy metals. It is reported that 11 bodies have been found and 12 persons are
missing. Hospitals have also received patients displaying symptoms of intoxication
by heavy metals. Similar communications were sent to BHP Billiton Ltd and
Samarco Mining S.A., see above, case nos. OTH 11/2015 and OTH 12/2015.
23/12/2015
07/12/2015
JAL
MDA 5/2015
Republic of
Moldova
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged stigmatization and criminal proceedings against a civil society association
and its members. According to the information received, on 17 April 2015, an
online statement was made by the Committee of State Security (KGB) of the
Transnistrian region of the Republic of Moldova in which the human rights
association, Promo-LEX, and its members were accused of being funded by
western donors in order to destabilize the region of Transnistria, and to pose a
direct threat to the security of area. The statement also announced ‘special
investigation measures’ against Promo-LEX, in preparation of criminal
proceedings against the association and its members. On 7 May 2015, a second
online statement was emitted by the KGB of the Transnistrian region, in which the
Director of Promo-LEX, Mr. Ion Manole, was personally targeted and stigmatized.
The same case was sent to the relevant authorities in the Transnistrian region, see
above, case no. OTH 10/2015.
21/01/2016
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2 1
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
08/12/2015
JUA
IDN 10/2015
Indonesia
Freedom of
expression;
Human rights
defenders;
Torture;
Allegations of arrest, detention and potential deportation of a human rights
defender following a request from the authorities of the United Arab Emirates.
According to the information received, on 2 October 2015, Mr. Abdulrahman
Khalifa Salem Binsobeih, an Emirati citizen, was arrested in Batam, Indonesia, on
allegations of illegal residence. He was subsequently detained in the Police Office
of the District of Batam. Immediately following his arrest, a request was made by
the Emirati Embassy in Indonesia for Mr. Binsobeih to be handed over to Emirati
authorities in order for him to be extradited to the United Arab Emirates, where, in
2013, Mr. Binsobeih was sentenced in absentia to 10 years’ imprisonment for
charges originating in his membership of Al Islah, a human rights organization.
This request was rejected. However, it is alleged that Emirati authorities and
intelligence services continue efforts to negotiate his extradition. Mr. Binsobeih
was the subject of three previous communications dated 7 November 2013, see
A/HRC/25/74, case no. ARE 5/2013; 6 August 2013, see A/HRC/25/74, case no.
ARE 4/2013; and 16 April 2013, see A/HRC/24/21, case no. ARE 1/2013.
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Type
Case No
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08/12/2015
JUA
ISR 9/2015
Israel
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders; OPT;
Summary
executions;
Torture;
Alleged obstruction of the work of, and intimidation against, Palestinian human
rights defenders. According to the information received, in September, October
and November 2015, Israeli authorities carried out several acts against Youth
Against Settlements, a Palestinian human rights organization, and its members, in
relation to their work in documenting human rights violations in Hebron, Occupied
Palestinian Territory. These acts included intimidation and death threats, arbitrary
detention, a 24 hour take-over and raid on the premises of the organization, and
seizing of its cameras and other equipment. In addition, Israeli authorities
reportedly failed to intervene against threats and harassment by settlers against the
human rights defenders. Concerns are raised about violations relating to the rights
to life, liberty and security, the right of persons deprived of their liberty to be
treated with dignity, the protection against arbitrary or unlawful interference with
privacy, home and correspondence, the right to freedom of opinion and expression,
and the right to peaceful assembly. Youth Against Settlements and its members
have been the subject of two previous communications sent on 3 August 2013, see
A/HRC/25/74, case no. ISR 7/2013, and on 28 May 2014, see A/HRC/27/72, case
no. ISR 3/2014.
08/12/2015
AL
TUN 3/2015
Tunisie
Freedom of
religion;
Allégation de suspensions multiples d’une hôtesse de l’air à Tunisair pour avoir
porté son voile au travail. Selon les informations reçues, Madame Nebiha Jallouli,
en sa qualité de Chef de Cabine, a été suspendue par le commandant de bord qui a
refusé qu’elle assure sa mission en raison de son voile. Le 10 septembre 2015,
Mme Jallouli a déposé une plainte contre Tunisair devant le Tribunal
Administratif. La section de l’emploi du Tribunal administratif a délivré un
jugement en référé, le 19 septembre 2015, faisant injonction à Tunisair de permette
à Mme Jallouli de reprendre ses fonctions, et de lui verser toutes ses rémunérations
et indemnités. Tunisair continuerait, cependant, et malgré cette décision de justice,
à exclure Mme Jallouli des plannings des vols et continuerait à bloquer son salaire.
Le 29 octobre 2015, Mme Jallouli a été entendue par le conseil de discipline au
sujet du port du voile. Elle risquerait, selon ses dires, d’être suspendue pour une
durée d’un mois, comme sanction disciplinaire.
11/04/2016
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Type
Case No
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09/12/2015
JAL
COG 2/2015
Congo
(Republic of
the)
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Allégations d’arrestations d’opposants politiques, de restrictions indues du droit de
réunion pacifique et d’usage excessif de la force dans le cadre de plusieurs
manifestations, en majorité pacifiques, contre le référendum constitutionnel du 25
octobre 2015 proposé par le président congolais actuel. Selon les informations
reçues, le 20 et 21 octobre, plusieurs manifestations organisées pour protester
contre la tenue du référendum constitutionnel du 25 octobre dans différentes villes
du Congo ont été réprimées de façon brutale et disproportionnée par les forces de
l’ordre. Plusieurs affrontements ont alors éclaté entre les forces de l’ordre et
certains des manifestants, engendrant la mort de trois personnes à Brazzaville et
d’au moins deux personnes à Pointe Noire. De plus, le 21 octobre, six dirigeants de
l’opposition, M. Clément Mierassa, M. Emmanuel Boungouandza, M. Guy-
Romain Akifoussia, M. Pastere Kitemoso, Mme Marion Mabzimba et M. Henri
Doukoulou ont été arrêtés puis libérés alors qu’ils devaient participer à une
conférence de presse au siège de l’Union panafricaine pour la démocratie et la
République du Congo.
11/12/2015
08/02/2016
02/03/2016
04/04/2016
10/12/2015
JAL
COD 5/2015
Democratic
Republic of the
Congo
Disappearances;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Summary
executions;
Allégations de violations du droit à la vie. Selon les informations reçues, entre le
15 novembre 2013 et le 15 février 2014, dans le cadre de l’Opération Likofi
menées à Kinshasa, la Police nationale congolaise (PNC) serait responsable de
graves violations des droits de l’homme y compris des exécutions sommaires et
extrajudiciaires, et des disparitions forcées. Au moins 41 personnes- notamment
des jeunes soupçonnés d’appartenir à des bandes armées - ont été exécutées ou sont
portées disparues suite à leur arrestation sans mandat. Mise à part la condamnation
par le Tribunal militaire de Garnisson du directeur de la Police de Masina à10 ans
de travaux forcés aucun progrès significatif n’a été enregistré dans le cadre des
enquêtes sur ces allégations. En janvier 2015, la police aurait sévèrement réprimé
les manifestations organisées contre une réforme de la loi électorale congolaise.
Des opposants politiques et des défenseurs des droits de l’homme ont été réprimés
et arrêtés, en négation flagrante de leur liberté d’expression et de réunion. Des
exécutions sommaires et extrajudiciaires ont été également rapportées. Le 19 mars
2015, un charnier qui pourrait contenir les corps des victimes des récents
évènements a été découvert à Maluku (Kinshasa).
29/01/2016
11/02/2016
02/03/2016
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10/12/2015
JAL
ECU 6/2015
Ecuador
Environment;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Violence against
women;
Alegaciones sobre actos de violencia física y verbal y actos de intimidación contra
mujeres defensoras de derechos humanos. Según las informaciones recibidas, el 20
de octubre de 2015, Lina Solano, Maria Herlinda Gutama, Georgina Gutama, Elsa
Urgilés, Nancy Gutama, Etelvina Misacango, Maria Mercedes Gutama y Maria
Ángeles Gutama habrían participado en una manifestación pacífica en contra del
proyecto minero ‘Rio Blanco’ cuando policías y agentes de seguridad publica las
habrían agredido de manera física y verbal y las habrían retenido por más de dos
horas. Agentes de seguridad pública las habrían amenazado con detenerlas
diciendo que estaban fichadas. Se expresa grave preocupación por estas
alegaciones que restringirían indebidamente sus derechos a la libertad de expresión
y de la reunión pacífica y sus actividades en la promoción de los derechos
humanos.
20/04/2016
10/12/2015
JAL
IND 15/2015
India
Cultural Rights;
Freedom of
expression;
Human rights
defenders;
Alleged arrest and detention of a folk singer and activist, on charges of sedition for
the lyrics of two of his recently released songs criticizing the Tamil Nadu state
government and Chief Minister. According to the information received, Mr. S.
Sivadas, also known by his stage name Kovan, was arrested in the night of 30
October 2015 at his home. The legal procedure for his arrest was not respected and
a Habeas Corpus had to be filed by his lawyer. Mr. Kovan was released on bail on
16 November 2015. He has reportedly been charged with sedition, even though not
yet formally, and is awaiting trial. Concern is raised that his arrest and detention
may be related to his legitimate exercise of his rights to freedom of opinion and
expression in the form of art, to take part in cultural life, and to the freedom
indispensable for creative activities, as well as his work as a human rights
defender.
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Type
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10/12/2015
JAL
MNE 2/2015
Montenegro
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Alleged situation of intimidation and violence against journalists and media outlets
in Montenegro. According to the information received, in May 2015, the car of
journalist, Ms. Zorica Bulatovic, was attacked; in October 2015, Ms. Marijana
Bojanic, a journalist, received two death threats against her and her children;
journalist, Ms. Ivana Drobnjak, was physically attacked and her offices stoned; and
journalists, Mr. Gojko Raicevic and Mr. Dražen Živkovic were arrested and Mr.
Raicevic was beaten by the police on two occasions. Also in October 2015, the
investigation into an attack carried out against Mr. Tufik Softic in 2007 was
dropped. Grave concern is expressed at the reported intimidation and violence
against journalists and media outlets, as well as the culture of impunity in such
cases, also reported by the Special Rapporteur on the right to freedom of opinion
and expression after his country visit in 2013 (see A/HRC/26/30/Add.1).
16/01/2016
10/12/2015
JAL
UZB 3/2015
Uzbekistan
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Torture;
Allegations of arrest, beatings, judicial investigation and harassment against human
rights defender. According to the information received, on 20 September 2015, Mr.
Dmitry Tikhonov was arrested in Angren City, in the Tashkent region of
Uzbekistan, whilst documenting enforced cotton picking in the region. He was
brought to the Criminal Investigation Unit of the city police station and allegedly
beaten and threatened before being released five hours later, after having been
forced to sign a statement denying any police wrongdoing. On 19 October 2015, he
was informed that a criminal investigation had been opened against him, following
a complaint of disorderly conduct made by three regional representatives involved
in the organisation of citizens for cotton picking. On 20 October 2015, his office
was burnt down in a suspected act of arson. In the fire, extensive technical
equipment documenting human rights violations, in particular the policy of forced
recruitment for cotton picking was lost.
12/02/2016
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Type
Case No
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11/12/2015
AL
KOR 4/2015
Republic of
Korea
Freedom of
religion;
Alleged imprisonment of conscientious objectors in South Korea. According to the
information received, at least 600 conscientious objectors are currently in prison in
South Korea for refusing to undergo compulsory military service. The Military
Service Act establishes a compulsory military service for all males aged between
18 and 35, which lasts between 21 and 24 months. Contrary to recommendations
made by the United Nations Human Rights Committee and the South Korean
National Human Rights Commission, South Korea does not offer an alternative
civil service to compulsory military service, and the refusal to undertake the
service is punished with up to three years´ imprisonment and lifetime exclusion
from public employment.
24/02/2016
11/12/2015
JUA
SAU 11/2015
Saudi Arabia
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Freedom of
religion; Human
rights defenders;
Torture;
Allegations of arbitrary convictions and sentences of two bloggers and human
rights defenders, including corporal punishment. According to the information
received, in 2014, Mr. Raef Badawi and Mr. Milif bin Daham al Shammari were
sentenced to 10 years’ imprisonment and 1000 lashes, and two years’
imprisonment and 200 lashes, respectively. Both sentences were upheld on appeal.
The individuals remain in detention and may be publicly flogged at any time. Mr.
Badawi was the subject of five previous communications sent on 12 July 2012, see
A/HRC/22/67, case no. SAU 9/2012; 31 January 2014, see A/HRC/26/21, case no.
SAU 2/2014; 31 October 2014, see A/HRC/28/85, case no. SAU 13/2014; 22
January 2015, case no. SAU 1/2015, see A/HRC/29/50; and 12 June 2015, see
A/HRC/31/79, case no. SAU 3/2015. Mr. Badawi was also the subject of Working
Group on Arbitrary Detention Opinion No. 38/2015 issued on 4 September 2015,
see A/HRC/WGAD/2015/38. Mr. Al Shammari was the subject of five previous
communications sent on 1 March 2012, see A/HRC/20/30, case no. SAU 6/2012; 3
May 2012, see A/HRC/21/49, case no. SAU 7/2012; 12 July 2012, see
A/HRC/22/67, case no. SAU 9/2012; 12 September 2013, see A/HRC/25/74, case
no. SAU 8/2013; and 8 December 2014, see A/HRC/29/50, case no. SAU 14/2014.
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14/12/2015
JUA
BHR 10/2015
Bahrain
Freedom of
expression;
Human rights
defenders;
Torture;
Allegations of arbitrary arrest, detention, charges and prosecution, and in some
cases torture and ill-treatment, of ten individuals, including human rights defenders
and one child, for the exercise of their right to freedom of expression. According to
the information received, since 2013, ten individuals, namely Messrs. Ebrahim
Karimi, Husain Ali Isa Mahdi, Ammar al Abid, Mahmood Tarish, Mohsen Abd-
Ali, Hasan Abd-Ali, Nader Ebrahim Abdul-Imam, Nabeel Rajab, Ali Ebrahim al
Heli and Ali al Shofa, were convicted and charged with criminal offences for
exercising their right to freedom of expression. Reportedly, cyberspace regulatory
measures disproportionately violate the right to freedom of expression and opinion.
Mr. Rajab was the subject of ten communications sent on 6 October 2004, case no.
BHR 6/2004; 25 July 2005, case no. BHR 3/2005; 5 March 2010, case no. 1/2010;
22 March 2011, see A/HRC/18/51, case no. BHR 4/2011; 16 June 2011, see
A/HRC/19/44, case no. BHR 12/2011; 9 September 2011, see A/HRC/19/44, case
no. 18/2011; 24 July 2012, see A/HRC/22/67, case. no. BHR 6/2012; 23 May
2013, see A/HRC/24/21, case no. BHR 3/2013; 14 October 2014, see
A/HRC/28/85, case no. BHR 13/2014; and 15 April 2015, see A/HRC/30/27, case
no. BHR 2/2015. Mr. Rajab was the subject of the Working Group on Arbitrary
Detention Opinion No. 12/2013, see A/HRC/WGAD/2013/12.
18/01/2016
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Type
Case No
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14/12/2015
AL
PAK 13/2015
Pakistan
Freedom of
expression;
Letter expressing concerns relating to the draft “Prevention of Electronic Crimes
Act” (hereinafter the “draft Cyber-Crime Bill”), which allegedly contains various
provisions that could unduly restrict the right to freedom of expression in Pakistan.
According to the information received, the draft Cyber-Crime Bill includes overly
broad provisions that lack sufficiently clear definitions, in particular sections 3, 4
and 10 of the draft Bill that use overly broad terms, permitting authorities to
criminalize online expression and to gain access to Internet data without any
judicial control. Concerns are expressed at the Bill, which , if adopted in its current
form, could criminalize a legitimate exercise of the right to freedom of expression
and access to information. The draft legislation could result in significant
censorship of and self-censorship by the media, especially those critical of the
Government and investigative journalism, and could also seriously deter
whistleblowers who, by definition, reveal information of general interest by
transmitting data they are not authorized to access, copy or transmit.
15/01/2016
14/12/2015
JAL
SEN 1/2015
Senegal
Arbitrary
detention; Health;
Independence of
judges and
lawyers;
Allégations concernant l’arrestation et la détention arbitraire de sept individus et
leur condamnation pour des relations sexuelles entre adultes consentants du même
sexe. Selon les informations reçues, le 21 juillet 2015 sept jeunes hommes ont été
arrêtés lors d’une opération de police qui s’est déroulée sans présentation d’un
mandat de perquisition ou d’un mandat d’arrêt. Ils ont été condamnés à six mois de
prison immédiats et 18 mois additionnels avec sursis en application de l’article 319
du Code Pénal qui interdit les actes soi-disant « contre nature » entre personnes de
même sexe, ce qui pose des préoccupations en matière de la non-discrimination, de
respect de la vie privée et d’égalité devant la loi. Des préservatifs et des lubrifiants
trouvés dans l’appartement de l’arrestation ont constitué la preuve principale qui a
mené à la condamnation, ce qui pose également des préoccupations quant à
l’impact que ce verdict pourrait avoir sur les efforts menés dans la lutte contre le
VIH-Sida visant à promouvoir l’utilisation de préservatifs. L’avocat des sept
jeunes hommes n’ayant pas été notifié de la décision de la cour, il n’aurait pas pu
faire recours en appel.
15/12/2015
08/02/2016
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Type
Case No
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15/12/2015
JUA
FIN 1/2015
Finland
Environment;
Indigenous
peoples;
Alleged lack of meaningful and effective public participation during the drafting
phase of new legislation to regulate the Finnish Forest and Parks Enterprise
(Metsähallitus), which regulates the management of State owned lands. Alleged
lack of recognition of the Sami and their rights as an indigenous people, notably
their right to free, prior and informed consent and to enjoy their own culture and
the right to their lands and resources, in the proposed new law. According to the
information received, the Sami Parliament has been unable to participate in the
law-making process and the most recent draft does not include articles
safeguarding the rights of the Sami as an indigenous people. Serious concerns are
expressed, inter alia, that the business operations of the proposed company will
lead to increased deforestation and mining activities in the Sami Homeland region
and to further fragmentation and destruction of the Sami people’s traditional
herding, hunting and fishing grounds resulting in an imminent threat to the Sami
people and their traditional livelihoods and other land-based cultural activities.
22/12/2015
15/12/2015
JUA
IND 16/2015
India
Food; Health;
Unilateral coercive
measures; Water
and Sanitation;
Alleged blockage at the Nepal-India border of vessels carrying essential goods
resulting in a lack of basic supplies and services, including food, fuel, water and
sanitation, and medical supplies and services available to the people of Nepal.
According to the information received, on 20 September 2015, Nepal promulgated
a new constitution, the adoption of which eventually resulted in a blockage at the
border with India. On 24 September 2015, vehicles carrying essential supplies
were prevented from entering Nepal. A lack of medical supplies combined with
water shortages have reportedly reduced the availability of certain medical
procedures, while the shortage of other vital supplies such as food and fuel had a
detrimental impact on the health of persons in situation of vulnerability, school
closures, and deforestation for use as fuel. As a consequence of this blockage and
due to Nepal’s heavy reliance on the border trade and transactions the country risks
facing a humanitarian crisis.
28/12/2015
A /H
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/3 2
/5 3
3 0
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/12/2015
JAL
MYS 4/2015
Malaysia
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allegations of charges brought against a woman human rights defender for her role
in organizing peaceful protests. According to the information received, on 29 July
2015, the announcement of a peaceful rally was made by BERSIH 2.0, a coalition
of Malaysian non-governmental organizations. The rally was set to take place on
29 and 30 August 2015. In advance of its occurrence, Ms. Maria Chin Abdullah,
chairperson of BERSIH 2.0, met twice with the local police to discuss the rally and
to present them with a formal notification. On 29 and 30 August 2015, the rally
took place in several cities in Malaysia. On 1 September 2015, Ms. Abdullah was
questioned, along with several other BERSIH 2.0 members. On 3 November 2015,
Ms. Abdullah was charged under the Peaceful Assembly Act, 2012, for failing to
inform the police of the rally. Her trial was set to begin on 11 December 2015.
Members of BERSIH 2.0 were the subjects of previous communications sent on 6
July 2011, see A/HRC/19/44, case no MYS 6/2011; 28 July 2011, see
A/HRC/19/44, case no. MYS 7/2011; 16 May 2012, see A/HRC/21/49, case no.
MYS 3/2012; and 1 June 2012, see A/HRC/22/67, case no. MYS 4/2012.
17/12/2015
JAL
AFG 3/2015
Afghanistan
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Summary
executions;
Terrorism;
Allegations concerning a landmine attack against members of the Afghanistan
Independent Human Rights Commission (AIHRC). According to the information
received, on 26 October 2015, at approximately 8 a.m. Afghan time, a minibus
carrying eight staff members of the AIHRC’s regional office in Nangerhar
Province was attacked using a remote-controlled improvised explosive device
while traveling through the city of Jalalabad. Two male staff were immediately
killed in the attack and one female staff was seriously wounded. The other staff
members suffered minor injuries.
A /H
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/3 2
/5 3
3 1
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/12/2015
JUA
EGY 17/2015
Egypt
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Independence of
judges and
lawyers; Torture;
Alleged arbitrary arrest, detention and torture of a peaceful protestor and human
rights defender. According to the information received, on 25 January 2014, Mr.
Mahmoud Mohamed Ahmed Hussein was arrested by police at El-Marg
checkpoint in Cairo. He was 18 years old at the time. Mr. Hussein was reportedly
arrested for wearing a scarf with symbol associated with the opposition and a t-
shirt with anti-torture slogans. He was reportedly interrogated that same day,
handcuffed and blindfolded, and subjected to torture. It is alleged that Mr. Hussein
was coerced through torture to confess various crimes. He was then brought to a
prison in Cairo and remains in detention to this date. Mr. Hussein has been held in
custody for nearly two years, and is yet to be charged with any crime. His trial date
has been delayed at least 20 times, the last time on 17 November 2015 when his
detention was prolonged for an additional period of 45 days. He has undergone
numerous 45-day pre-trial detention renewals and is rarely permitted to attend
these hearings.
02/02/2016
17/12/2015
AL
IRN 24/2015
Iran (Islamic
Republic of)
Discrimination
against women;
Follow-up letter following the Government’s response to communication IRN
15/2015 about allegations of discriminatory legal provisions against women in
marital status matters. The Working Group thanks the additional information
provided by the Government on the integration of gender equality in some aspects
of women’s marital status. It requests additional specific details on the measures
taken to advance reform of marital status legislation, including a reform of the
Iranian Civil Code. Communication IRN 15/2015 was sent on 24 August 2015, see
A/HRC/31/79.
14/04/2016
A /H
R C
/3 2
/5 3
3 2
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
17/12/2015
JAL
KWT 7/2015
Kuwait
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allegations regarding the sentencing of a Kuwaiti human rights defender and steps
taken towards revoking his citizenship. According to the information received, on
9 April 2013, Mr. Abdullah Fairouz Abdullah Abd al-Kareem, a human rights
defender and journalist, was arrested by the Criminal Investigation Department of
Kuwait on charges of insulting the judiciary in relation to statements he had made
on social media critical of the Kuwaiti courts. He was subsequently detained for
seven days before being released on 15 April 2013 upon payment of 200 Kuwait
Dinars (approximately 658 USD). On 4 November 2013, Mr. Al-Kareem was
again arrested, this time by State security officials and on the basis of statements
made on social media relating to the Emir. It is reported that he was beaten during
his arrest. On 9 January 2014, Mr. Al-Kareem was sentenced to five years’
imprisonment and subsequent deportation from Kuwait. He is currently serving his
sentence in the Central Jail in Kuwait and processes for the revocation of his
citizenship have reportedly been initiated.
11/02/2016
17/12/2015
JAL
SLE 2/2015
Sierra Leone
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allegations of systemic judicial harassment of land rights defenders. According to
the information received, on 16 October 2013, six members of the Malen Land
Owners and Users Association (MALOA) were arrested and detained on charges
allegedly based on their land rights advocacy in opposition to the activities of the
palm-oil company Socfin Agricultural Company Sierra Leone Ltd (SAC), a
subsidiary of the Belgian-based Socfin Group. They were released on 24 October
2013 and their trial before the High Court began a year later, on 20 October 2014.
The latest hearing in their case took place on 4 November 2015. Two other
MALOA members and nine MALOA supporters were arrested between 28 January
and 26 February 2014 on similar charges and are also standing trial. Their next
court date is set for 20 November 2015. On 8 September 2015, seven additional
MALOA members were arrested on similar charges, before being released on 10
September 2015 pending trial, after having posted bail.
A /H
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/3 2
/5 3
3 3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
18/12/2015
UA
PAK 14/2015
Pakistan
Summary
executions;
Alleged violation of the right to life. According to the information received, in
1993, Mr. Muhammad Anwar, a Pakistani national, was arrested by police in
Vehari district for murder. Mr. Anwar was reportedly below the age of 18 at the
time of his conviction. After a 5-year trial, he was sentenced to death in June 1998
despite evidence of his juvenility during the time of the offence. He is being held in
District Jail Vehari and is scheduled to be executed on 19 December 2015. Serious
concern is expressed regarding, among others, the imminent execution of Mr.
Anwar who was a minor at the time of the alleged crime.
21/12/2015
JUA
KHM 7/2015
Cambodia
Cambodia;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Health; Human
rights defenders;
Independence of
judges and
lawyers;
Allegations of arbitrary arrest and detention, and lack of due process guarantees
and fair trial, of members of the opposition parties Cambodia National Rescue
Party (CNRP) and Sam Rainsy Party (SRP- which later merged into CNRP).
According to the information received, seven CNRP members of Parliament, Ms.
Mu Sochua and Messrs. Men Sothavrin, Hor Vann, Keo Phirum, Real Khmerin,
Nut Romduol and Long Ry, and three CNRP members and activists, Messrs. Yon
Kimhour, Roeun Chetra, and Yea Thong, are currently under investigation in
relation to a protest held on 15 July 2014 in Freedom Park, Phnom Penh, that
turned violent. The seven members of Parliament were released on bail on 22 July
2014. The three activists were arrested one year after the protest, on 4 August
2015, and remain in pre-trial detention since. 11 other CNRP members and
activists - Messrs. Oeur Narith, Khin Chamreun, Meach Sovannara, San Kimheng,
Neang Sokhun, San Seihak, An Pakthorm, Ouk Pich Samnang, Ke Khim, Sum
Puthy, and Tep Narin – were all charged and convicted in relation to the same
incident on 15 July 2015 and are currently serving their sentences. Separately, Mr.
Hong Sok Hour, a Senator for SRP, is currently under investigation for a post he
made on Facebook. Aside from reported irregularities observed in his trial, Mr.
Hong Sok Hour has been denied his right to adequate and non-discriminatory
medical attention and care for his existing medical conditions. LICADHO, a
human rights organization, has been hindered from conducting medical
examinations at the detention facility. Lastly, Mr. Sam Rainsy, the leader of the
CNRP has had his parliamentary status and immunity arbitrarily removed on the
basis of a conviction dating back to 2011.
14/01/2016
A /H
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/5 3
3 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
21/12/2015
JAL
SLE 3/2015
Sierra Leone
Discrimination
against women;
Health; Torture;
Violence against
women;
Alleged governmental policy statement that is discriminatory against pregnant girls
and young women. According to the information received, on 2 April 2015, the
Ministry of Education, Science and Technology published a policy statement
formally indicating that girls who were pregnant would not be allowed to attend
school and sit exams during their pregnancy. This policy statement entered into
force immediately. Grave concern is expressed as this policy seems to be based on
misguided, discriminatory and stigmatizing attitudes, beliefs and stereotypes as
well as perpetuating gender inequality and violating young women and girls’ rights
to education, economic opportunities, health, including reproductive health,
privacy, and physical and psychological integrity and dignity.
22/12/2015
JUA
DZA 3/2015
Algérie
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allégations de détention arbitraire et harcèlement judiciaire d’un journaliste et
défenseur des droits de l’homme. Selon les informations reçues, le 2 octobre 2015,
M. Hassan Bouras aurait été arrêté à son domicile par 29 agents de la Brigade de
recherche et d’intervention. Du matériel informatique appartenant à M. Bouras,
mais également à des membres de sa famille, aurait été confisqué. Le 4 octobre, M.
Bouras aurait été présenté devant le procureur de la municipalité d’El Bayadh
accusé d’ « outrage à corps constitué » et « incitation à des citoyens à s’armer
contre l’autorité de l’Etat ». M. Bouras reste toujours en détention en attendant
l’enquête et la date de son procès. Des préoccupations sont exprimées au sujet de la
détention de M. Bouras qui serait liée à ses activités de journaliste dénonçant la
situation des droits de l’homme dans le pays. M. Bouras a fait l’objet de
condamnation de prison et amendes pour avoir publié des articles sur la corruption
et la pauvreté en Algérie dans le passé.
22/03/2016
A /H
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/3 2
/5 3
3 5
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
22/12/2015
JAL
KGZ 4/2015
Kyrgyz
Republic
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged ban imposed against a human rights defender from entering the Kyrgyz
Republic. According to the information received, on 2 December 2015, Ms. Mihra
Rittmann, director of the Bishkek office of Human Rights Watch, was refused
entry into the Kyrgyz Republic by immigration officials at Manas International
Airport, Bishkek. She learnt that she had been declared “persona non grata” and
was being accused of violating the Kyrgyz Republic’s migration law. She was
placed on a flight out of the Kyrgyz Republic on the same day. Serious concern is
expressed that the action taken against Ms. Rittman is directly connected to her
human rights work and role as Director of the Bishkek office of Human Rights
Watch. Ms. Rittman was the subject of a previous communication sent on 30 July
2015, see A/HRC/31/79, case no. KGZ 2/2015.
22/12/2015
JAL
SRB 3/2015
Serbia
Disappearances;
Sale of children;
Alleged shortcomings of the “draft law on determining the facts on the position of
newborn infants suspected to have disappeared in maternity hospitals in the
Republic of Serbia” to adequately secure the establishment of a mechanism aimed
at providing individual redress to all parents of infants who have disappeared from
maternity wards in Serbia. According to the information received, on 26 March
2013 the European Court of Human Rights found Serbia in violation of the
European Convention on Human Rights in the lead case of Zorica Jovanovic v.
Serbia, and held that Serbia “must […], take all appropriate measures, preferably
by means of a lex specialis […] to secure the establishment of a mechanism aimed
at providing individual redress to all parents in a situation such as, or sufficiently
similar to, the applicant’s”. In July 2015, a draft law was reportedly circulated to a
number of concerned civil society organizations by the Ministry of Justice of
Serbia, yet a number of concerns have been raised regarding the content of the
draft legislation, as well as the process by which it was drafted.
A /H
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/5 3
3 6
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
22/12/2015
JAL
GBR 4/2015
United
Kingdom of
Great Britain
and Northern
Ireland
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allegedly a number of provisions contained in a draft bill unduly interfere with the
rights to privacy and freedom of opinion and expression, both within and outside
the United Kingdom. According to the information received, on 4 November 2015,
the draft “Investigatory Powers Bill” was introduced in Parliament. The draft bill
allegedly contains provisions governing the authorisation of warrants to identify
“journalistic sources”, warrants for mass surveillance and notices for the retention
of data by telecommunications operators. Serious concern is expressed about the
specific provisions of the draft Bill that provide for overly broad exceptions of the
right to privacy and freedom of expression without independent oversight and the
lack of sufficiently clear definitions.
17/02/2016
10/03/2016
22/12/2015
JUA
UZB 4/2015
Uzbekistan
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged arbitrary arrest, incommunicado detention and charging of a human rights
defender and journalist. According to the information received, on 16 November
2015, the home of Mr. Uktam Pardayev, Chairperson of the Independent Human
Rights Society in Uzbekistan (IHRSU), in Dzhizakh, was searched by police
officers, resulting in the confiscation of his electronic equipment. He was
subsequently arrested and detained at the temporary detention facility at Dustlik
district police station. On 18 November 2015, he was charged with fraud and
bribery, under articles 168 and 211 of the Criminal Code. The charges, which carry
a potential 10 year prison sentence, were brought in relation to testimonies from
nine individuals alleging that Mr. Pardayev had defrauded them of money. Mr.
Pardayev was reportedly detained incommunicado for four days before being given
access to his lawyer on 20 November 2015. He is currently detained in the
Department of Internal Affairs in Dustlik. It is alleged that his family members
have not been permitted to contact him by any means.
21/01/2016
A /H
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/3 2
/5 3
3 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
23/12/2015
JAL
CHN 13/2015
China (People's
Republic of)
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged sentencing of a human rights defender. According to the information
received, on 27 November 2015, Mr. Yang Maodong, also known by his pen name
Guo Feixiong, a human rights defender and pro-democracy activist, was sentenced
to six years’ imprisonment by the Tianhe District People’s Court in Guangzhou on
charges of “gathering crowds to disturb social order” and “picking quarrels and
provoking trouble”. Serious concern is expressed that the reported reason for his
arrest, detention and sentencing might be related to his legitimate work as a human
rights defender and to the exercise of his right to freedom of expression. Mr.
Maodong was the subject of six previous communications sent on 6 March 2006,
case no. CHN 8/2006; 19 October 2006, A/case no. CHN 39/2006; 1 December
2006, case no. CHN 40/2006, see HRC/4/37/Add.1; 30 November 2007, see
A/HRC/7/28/Add.1 case no. CHN 42/2007; 22 August 2013, see A/HCR/25/74,
case no. CHN 9/2013; and 7 August 2015, see A/HRC/31/79, case no. CHN
8/2015.
10/02/2016
23/12/2015
JUA
ISR 10/2015
Israel
Arbitrary
detention; Human
rights defenders;
Independence of
judges and
lawyers; OPT;
Torture;
Alleged arbitrary arrest and detention of a human rights defender and two of his
colleagues. According to the information received, on 7 September 2015, Israeli
soldiers arrested Mr. Judeh Deeb Ibrahim Jamal at his apartment in East Jerusalem,
Occupied Palestinian Territory, without an arrest warrant. On the same day, two of
his colleagues, Ms. Najwan Odeh and Mr. Fadi Mansra, were also arrested. Mr.
Jamal, who had been working as the Acting Director of Qatar Charity in its
Ramallah office since March 2011, was held in solitary confinement between 7
September and 10 October 2015. During this period of time, he was also deprived
of access to a doctor or medicine as well as denied the right to consult a lawyer and
to contact his family. The lawyer of Mr. Jamal had no access to the case file and
evidence until 12 October 2015 when the Israeli military prosecutor formally
issued a list of charges against Mr. Jamal. Since his arrest, Mr. Jamal has been held
in military detention and his family has not been allowed to visit him to date.
A /H
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/5 3
3 8
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
24/12/2015
UA
ISR 11/2015
Israel
Torture;
Alleged imminent refoulement/return of a Palestinian citizen to Gaza where he is at
high risk of torture and ill-treatment. According to the information received, Mr. X,
who is currently detained in Israel, will likely be returned to Gaza, where he faces
a high risk of torture and ill-treatment due to his former collaboration with Israeli
Intelligence organizations.
24/12/2015
JAL
PHL 6/2015
Philippines
Human rights
defenders;
Summary
executions;
Alleged killing of three activists, and attempted killing and filing of charges
against a human rights defender. According to the information received, from 10 to
12 June 2015, Ms. Aida Seisa, a human rights defender and the spokesperson of
Paquibato District Peasant Alliance, led a fact finding mission into allegations of
human rights violations committed by members of the 69th Infantry Battalion of
the Philippine Army (69th IBPA) in communities in the Paquibato District of
Davao City, Mindanao. On 12 June 2015, Ms. Seisa was made aware that charges
of murder and frustrated murder had been filed against her by members of the 69th
IBPA. The allegations were made in connection to a skirmish between the 69th
IBPA and members of the New People’s Army, an insurgent group, on 6 May
2015. In the night of 13 June 2015, the home of Ms. Seisa was fired upon by
members of the 69th IBPA, resulting in the killings of Mr. Datu Ruben Laydan
Enlog Jr., a tribal chieftain, Mr. Randy Lavarcon Carnasa, a village leader, and Mr.
Oligario Quimbo, a farmer and activist, who had been in attendance at her home.
Ms. Seisa was able to escape unharmed, along with her family, however, the case
filed against her remains pending.
A /H
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3 9
Date
Type
Case No
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24/12/2015
JUA
SAU 12/2015
Saudi Arabia
Summary
executions;
Torture;
Alleged violations of the rights to life, liberty and security of the person, and fair
trial, as well as the right to be free from torture and other cruel, inhuman or
degrading treatment. According to the information received, on 24 February 2007,
Mr. Ali Agirdas, a Turkish national, was arrested for drug smuggling in Saudi
Arabia. In 2008, he was convicted and sentenced to death by a General Court in
Riyadh following a reportedly unfair trial. After the exhaustion of all local
remedies, he was executed in Riyadh on 20 November 2014. Despite repeated
requests from his family, the Saudi authorities have failed to return the body to his
family for burial. Concerns are raised that the body of Mr. Agirdas was not
returned to his family after his execution in 2014 and that the death penalty may
have been carried out against him following judicial proceedings that do not appear
to have fulfilled the most stringent guarantees of fair trial and due process.
24/12/2015
UA
TUR 5/2015
Turkey
Summary
executions;
Alleged killings in the context of violent clashes between security forces and
armed groups in the southeast of Turkey. According to the information received,
550 people, including 150 civilians, have been killed since the breakdown of the
peace process between the Government of Turkey and the Kurdistan Workers’
Party (PKK). Since August 2015, authorities in the southeast of Turkey have
imposed repeated prolonged curfews, during which security forces have conducted
counter-terrorism operations against the Patriotic Revolutionary Youth Movement,
an armed movement associated with the PKK. Meanwhile, supporters of the Youth
Movement have dug trenches, often planted with explosives, and erected
barricades to seal off neighbourhoods. Witness reports indicate that security forces
opened fire indiscriminately on people in the streets and denied wounded people
access to medical treatment.
A /H
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/5 3
4 0
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
28/12/2015
JUA
ETH 5/2015
Ethiopia
Disappearances;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Summary
executions;
Allegations of violent repression of peaceful protests. According to the information
received, since mid-November 2015, several peaceful demonstrations have been
organized by students throughout the Oromia region of Ethiopia to protest against
the “Addis Ababa Integrated Development Master Plan” which aims at expanding
Addis Ababa’s municipal boundaries. The police and military have allegedly
violently repressed several peaceful demonstrations by firing live ammunition at
protesters resulting in the deaths of at least 75 of persons. On 15 December 2015,
Ethiopian State intelligence services issued a statement claiming that Oromo
protesters had a “direct connection with forces that have taken mission from
foreign terrorist groups” and labelling them as “terrorists”, which permits the
authorities to enforce the Anti-Terrorism Proclamation 652/2009. Concerns
relative to the application of this law have been mentioned in several previous
communications since its implementation in 2009, especially in those sent on 05
October 2011, see A/HRC/19/44, case no. ETH 4/2011; 19 December 2011, see
A/HRC/20/30, case no. ETH 7/2011; 16 March 2012, see A/HRC/21/49, case no.
ETH 1/2012; 31 July 2012, see A/HRC/22/67, ETH 4/2012; 15 April 2014, see
A/HRC/27/72, case no. ETH 2/2014; 11 July 2014, see A/HRC/28/85, case no.
ETH 6/2014; 27 February 2015, see A/HRC/29/50, case no. ETH 1/2015; 26
February 2015, see A/HRC/29/50, case no. ETH 2/2015; and 21 October 2015, see
A/HRC/31/79, case no. ETH 4/2015.
A /H
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4 1
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
28/12/2015
JAL
FRA 7/2015
France
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Privacy;
Terrorism;
Analyse de la loi n° 2015-1556 du 30 novembre 2015 relative aux mesures de
surveillance des communications électroniques internationales et de la loi n°2015-
1501 du 20 novembre 2015 prorogeant l’application de la loi n° 55-385 du 3 avril
1955 relative à l’état d’urgence et renforçant l’efficacité de ses dispositions, au
regard des obligations internationales de la France en matière de droits de
l’homme. Selon les informations reçues, certaines dispositions de ces lois
pourraient imposer des restrictions indues à l’exercice légitime du droit à la liberté
d’expression, du droit à la vie privée, du droit à la liberté de réunion pacifique et à
la liberté d’association. Des inquiétudes sont exprimées concernant l’assignation à
résidence, dans le cadre de l’application de la loi sur l’état d’urgence, notamment
contre des militants écologistes. Ces préoccupations s’ajoutent à celles formulées
dans la communication conjointe portant sur la loi n° 2014-1353 et des mesures
relatives à la lutte contre le terrorisme et aux infractions de « provocation » et «
apologie » du terrorisme ; communication envoyée le 3 février 2015, voir
A/HRC/29/50, numéro cas FRA 1/2015.
26/02/2016
28/12/2015
JUA
GMB 3/2015
Gambia
Arbitrary
detention;
Freedom of
expression;
Torture;
Alleged arbitrary arrest, detention and charges filed against a journalist for
exercising his right to freedom of opinion and expression. According to the
information received, on 2 July 2015, Mr. Alhagie Abdoulie Ceesay was arrested,
detained and tortured by state security officers. On 13 July 2015, Mr. Ceesay was
released without charge. On 17 July 2015, Mr. Ceesay was again arrested and
detained by State security officers and charged with several offences, including
sedition and “publishing false news with intent to alarm and fear the public”.
Reportedly, a range of measures and laws disproportionately violate freedom of
opinion and expression in the country. Grave concern is expressed at the alleged
reason for the detention and charges filed against Mr. Ceesay, namely for the
exercise of his right to freedom of expression, as well as disproportionate
restrictions of this fundamental right. Mr. Ceesay was the subject of the Working
Group on Arbitrary Detention Opinion No. 50/2015, issued on 4 December 2015,
see A/HRC/WGAD/2015/50. The Information and Communications Act was the
subject of a previous communication sent on 16 July 2013, see A/HRC/25/74, case
no. GMB 1/2013.
A /H
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4 2
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Type
Case No
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28/12/2015
JAL
SDN 7/2015
Sudan
Human rights
defenders; Sudan;
Violence against
women;
Alleged acts of intimidation and reprisal against three Darfuri students and
members of the Darfuri Student Association, including one female, and one
woman human rights defender and translator, for cooperating with the mandate of
the Special Rapporteur on violence against women, its causes and consequences,
during the official visit of the former mandate holder to Sudan in May 2015.
According to the information received, on 16 May 2015, the four individuals met
with a United Nations staff member accompanying the Special Rapporteur in the
Corinthia hotel to report on alleged human rights violations. However, the students
concluded the meeting due to the intimidating presence of security agents. When
the group was leaving the hotel, these agents attempted to arrest the two men and
threatened the two women, who were trying to impede the men’s arrest. The four
individuals were threatened, even when the Special Rapporteur arrived at the
scene. The two male students were placed in a pickup truck and remained in
custody in a police station for about seven hours. After the Special Rapporteur left
the country, the students continued to receive threats from security officers,
including death threats in one case.
01/03/2016
17/03/2016
11/04/2016
29/12/2015
JUA
DJI 2/2015
Djibouti
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Freedom of
religion; Human
rights defenders;
Allégations concernant l’usage excessif et de manière indiscriminée de la force par
les forces de sécurité, dans le cadre d’affrontements entre des manifestants et les
autorités. Selon les informations reçues, le 21 décembre 2015, des affrontements
auraient éclaté suite à la tentative des forces de police de disperser une cérémonie
religieuse. Les forces de sécurité auraient répondu en faisant un usage excessif et
aveugle de la force en ouvrant le feu, tuant au moins 27 personnes et blessant 150
autres. Le même jour, des forces de sécurité auraient violemment interrompu une
réunion pacifique de l’opposition politique, l’Union pour le Salut National,
organisée suite à ces événements. Plusieurs dirigeants auraient été violemment
battus et blessés par des tirs de balles en résine de 6mm, dont M. Houssein Robleh
qui serait actuellement hospitalisé dans l’Hôpital Militaire Français Bouffard à
Djibouti dans un état grave. Le personnel médical aurait indiqué qu’il nécessiterait
une évacuation rapide dans un autre pays pour suivre des traitements urgents. La
rétention, par les autorités djiboutiennes, du passeport de M. Robleh empêcherait
son évacuation urgente pour raison médicales.
11/01/2016
A /H
R C
/3 2
/5 3
4 3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
29/12/2015
AL
DEU 2/2015
Germany
Freedom of
religion;
Allegations concerning the removing of 42 children of members of the Twelve
Tribes religious community in Bavaria. According to the information received, on
5 September 2013, around 100 police officers and 50 youth workers raided two
locations of the Twelve Tribes religious community in Klosterzimmern and
Woernitz, Bavaria, and removed 42 children from 13 families. The authorities
reportedly justified their actions by pointing to the need of protecting the children
from corporal punishment, which the Twelve Tribes openly admits to apply as part
of their Bible-based education. Members of the Twelve Tribes also complained
about excessive restrictions to their rights as parents after the court decision to
remove the children from their custody.
08/03/2016
06/01/2016
JUA
VNM 3/2015
Viet Nam
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allegations of physical assault of four human rights defenders, and arrest and
detention of one of them. According to the information received, on 6 December
2015, Mr. Nguyen Van Dai, Mr. Vu Van Minh, Mr. Ly Quang Son and Mr. Le
Manh Thang organized a human rights workshop, which took place in Nam Dan
District, Nghe An Province, outside Hanoi. While on their way back to Hanoi after
the conclusion of the workshop, the vehicle of the four human rights defenders was
halted by approximately 20 plain clothed police officers, who proceeded to beat
them and the driver of the vehicle with metal bars and wooden sticks. Mr. Vu, Mr.
Ly and Mr. Le were able to escape; however, Mr. Nguyen was taken away by
police officers to Cua Lo, 20 km from Nghi Loc, where he was subjected to further
beatings. On 16 December 2015, Mr. Nguyen was arrested at his home in Hanoi in
connection with his participation in the annual EU-Vietnam dialogue on human
rights. He is detained in B14 Detention Camp, Hanoi, and charged with
“conducting propaganda” against the State. Mr. Nguyen was the subject of three
previous communications sent on 12 November 2006, see A/HRC/4/37/Add.1,
case no. VNM 5/2006, 25 May 2007, case no. VNM 6/2007; 9 March 2007, case
no. VNM 3/2007, see A/HRC/7/28/Add.1.
A /H
R C
/3 2
/5 3
4 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/01/2016
JUA
SLV 3/2015
El Salvador
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Independence of
judges and
lawyers;
Alegaciones sobre actos de vigilancia, amenazas y acoso judicial contra dos
abogadas de derechos humanos. Según las informaciones recibidas, en enero de
2015, la Fiscalía General de la República de El Salvador habría presentado una
queja administrativa contra la Fundación de Estudios para la Aplicación de la Ley
(FESPAD), a la cual pertenecen las Sras. Teresa Naves y Bertha de León. Esta
queja tendría relación con la supuesta divulgación de información confidencial en
el contexto de su demanda contra el ex-presidente, el Sr. Francisco Flores, por
desfalco, enriquecimiento ilícito y desobediencia. La Fiscalía General también
habría enviado cartas a la FESPAD amenazando de presentar una denuncia penal
en contra de la organización. El juicio del Sr. Francisco Flores inició el 5 de
noviembre de 2015. Inmediatamente después, las Sras. Naves y de León,
querellantes en la acción, habrían sido objeto de actos de acoso y vigilancia
constante e intimidante por desconocidos. Además, el 17 de noviembre de 2015, la
Sra. Naves habría recibido una amenaza de muerte por teléfono. Se expresa grave
preocupación de que abogados y defensores de derechos humanos puedan ser
objeto de vigilancia, amenazas y acoso judicial por el trabajo que realizan y ejercer
sus derechos.
A /H
R C
/3 2
/5 3
4 5
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
07/01/2016
JUA
GTM 6/2015
Guatemala
Environment;
Freedom of
expression;
Human rights
defenders;
Independence of
judges and
lawyers; Summary
executions;
Alegaciones de hostigamiento y amenazas de muerte en contra de un abogado y
defensor de los derechos humanos. Según las informaciones recibidas, el 11 de
mayo de 2015, el Sr. Pedro Rafael Maldonado Flores, abogado y director del área
legal del Centro de Acción Legal-Ambiental y Social de Guatemala (CALAS),
habría recibido amenazas de muerte de una mujer desconocida. El 27 de mayo de
2015, el Sr. Maldonado habría sido objeto de una nota publicada en un diario
electrónico desprestigiando su trabajo de abogado de derechos humanos. El 29 de
julio de 2015, una persona desconocida habría disparado en contra de la oficina del
Sr. Maldonado en el CALAS, mientras él estaba trabajando adentro. El 3 y el 4 de
diciembre de 2015, el Sr. Maldonado habría recibido amenazas de muerte en su
cuenta en la red social Twitter. El Sr. Maldonado y el CALAS fueron objetos de
comunicaciones anteriores, con fechas del 23 de septiembre de 2008 (véase
A/HRC/10/12/Add.1, caso no. 19/2008), del 5 de agosto de 2013 (véase
A/HRC/25/74, caso no. GTM 6/2013) y del 25 de noviembre de 2015 (véase
A/HRC/31/79, caso no. GTM 4/2015).
07/01/2016
AL
ESP 1/2016
Spain
Torture;
Alegaciones sobre el maltrato y confinamiento solitario prolongado de un detenido
por parte de Agentes del Estado. Según las informaciones recibidas, el día 16 de
enero de 2015, el Sr. Juan José Gabarri Gabarri habría sido trasladado del Centro
Penitenciario de Tarragona al Hospital de Santa Tecla de Tarragona para recibir
tratamiento médico. En el Hospital, el Sr. Gabarri Gabarri habría recibido golpes y
otros malos tratos por parte de dos agentes de los Mossos d’Esquadra que lo
custodiaban. El Sr. Gabarri Gabarri habría sido trasladado de nuevo al Centro
Penitenciario y sometido a aislamiento solitario durante 65 días. Se alega que tras
los presuntos malos tratos, el Sr. Gabarri Gabarri no habría sido sometido a ningún
examen médico. El 23 de marzo de 2015, el Sr. Gabarri Gabarri habría sido
llevado como imputado al Juzgado de Instrucción 5 de Tarragona, acusado de
atentado y resistencia a la autoridad y lesiones. En dicha audiencia el Sr. Gabarri
Gabarri habría presentado también su denuncia sobre malos tratos.
14/03/2016
A /H
R C
/3 2
/5 3
4 6
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/01/2016
JAL
ZMB 4/2015
Zambia
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged undue delays in the registration process of a non-governmental
organization working on Lesbian, Gay, Bisexual, Transgender and Intersex
(LGBTI) rights. According to the information received, Mr. Paul Kasonkomona,
Head of Engender Rights Center for Justice, a non-governmental organization
working to promote respect for the rights of LGBTI persons, has since 2011
repeatedly requested the Zambian authorities to register his organization without
success. On 7 August 2015, the Registrar of the Ministry of Community
Development, Mother and Child Health communicated the decision to refuse
registration of the organization as its objectives reportedly conflict with the Penal
Code of Zambia. In addition, on 7 April 2013, Mr. Kasonkomona was arrested and
charged with “soliciting for immoral purposes” after he had appeared on a
television programme in which he expressed the view that Zambia needed to
protect and respect the human rights of all people, including LGBTI persons. He
was acquitted by the High Court on 15 May 2015. Mr. Kasonkomona was the
subject of a previous communication sent on 14 May 2013, see A/HRC/24/21, case
no. ZMB 1/2013.
13/01/2016
JAL
AUS 9/2015
Australia
Business
enterprises;
Extreme poverty;
Somalia;
Terrorism;
Allegations concerning the negative impact of termination of accounts of Somali
money transfer operators (MTOs) by commercial banks in Australia on the human
rights of Somali-Australians and people living in Somalia who are dependent on
remittances from Australia. According to the information received, the
implementation and enforcement of domestic and international anti-money
laundering and counter-terrorism (AML/CFT) legislation and regulations resulted
in increasing and widespread closure of bank accounts of Somali MTOs in
Australia. There are concerns that the closing of bank accounts of Somali MTOs
and the accompanying reduction in the level of remittances to Somalia may have a
direct and significant impact on the enjoyment of a wide range of human rights of
Somali-Australians as well as people living in Somalia, including the rights to
equality, culture, food, education, health and life. Related communications were
sent to the Governments of Somalia, the Kingdom of Great Britain and Northern
Ireland, and the United States of America on 13 January 2016, see below, case nos.
SOM 2/2015, GBR 5/2015 and USA 21/2015.
17/03/2016
A /H
R C
/3 2
/5 3
4 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
13/01/2016
JUA
PAK 1/2016
Pakistan
Adequate housing;
Cultural Rights;
Alleged destruction of many historic buildings and neighbourhoods for the purpose
of the Orange metro line in Lahore, in violation of the right to housing and cultural
rights. According to the information received, works for the construction of the
Orange metro line have started regardless of the important opposition the project
has met and of procedural flaws. Concerns are expressed about the lack of
transparency and adequate information to the affected residents, forced evictions
and disregard for various Pakistani law provisions prohibiting construction near
heritage sites as well as activities leading to environmental degradation.
13/01/2016
JAL
SOM 2/2015
Somalia
Business
enterprises;
Extreme poverty;
Somalia;
Terrorism;
Allegations concerning the negative impact of termination of accounts of Somali
money transfer operators (MTOs) by commercial banks in diaspora countries on
the human rights of people living in Somalia who are dependent on remittances
from these countries. According to the information received, the implementation
and enforcement of domestic and international anti-money laundering and counter-
terrorism (AML/CFT) legislation and regulations in diaspora countries, such as the
United States, the United Kingdom and Australia, resulted in increasing and
widespread closure of bank accounts of Somali MTOs. While the closure is largely
influenced by the regulatory environment in the diaspora countries, it is also
allegedly influenced by the current state of Somalia’s banking system. There are
concerns that the closing of bank accounts of Somali MTOs and the accompanying
reduction in the level of remittances to Somalia may have a direct and significant
impact on the enjoyment of a wide range of human rights of people living in
Somalia, including the rights to food, education, health and life. Related
communications were sent to the Governments of Australia, the United States of
America and the Kingdom of Great Britain and Northern Ireland on 13 January
2016, see above, case no. AUS 9/2015, and below case nos. GBR 5/2015 and USA
21/2015.
A /H
R C
/3 2
/5 3
4 8
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
13/01/2016
JAL
ESP 2/2016
Spain
Disability; Health;
Seguimiento a la presunta exclusión de facto del sistema general educativo,
discriminación e impacto negativo en el estado de salud físico y mental de una niña
autista, así como a la respuesta del Gobierno de España a una primera
comunicación sobre el caso. Según la información adicional recibida, la niña
autista de 10 años que habría sido excluida de facto del sistema general de
educación todavía seguiría sin tener asignada una escuela para el curso académico
2015-2016, debido a la falta de un plan de intervención pedagógico y de
alternativas válidas por parte del Estado que cumplan con las necesidades de
ajustes razonables y recursos necesarios para la niña. Se señala asimismo, la
necesidad de facilitar un entorno educativo adecuado que asegure el pleno disfrute
del más alto nivel de salud física y mental, así como el bienestar de la niña y de su
familia. Una comunicación previa fue enviada al Gobierno de España el 18 de
mayo de 2015, ver A/HRC/30/27, numero caso ESP 8/2015.
13/01/2016
JAL
GBR 5/2015
United
Kingdom of
Great Britain
and Northern
Ireland
Business
enterprises;
Extreme poverty;
Somalia;
Terrorism;
Allegations concerning the negative impact of termination of accounts of Somali
money transfer operators (MTOs) by commercial banks in the United Kingdom on
the human rights of Somali-Britons and people living in Somalia who are
dependent on remittances from the United Kingdom. According to the information
received, the implementation and enforcement of domestic and international anti-
money laundering and counter-terrorism (AML/CFT) legislation and regulations
resulted in increasing and widespread closure of bank accounts of Somali MTOs in
the United Kingdom. There are concerns that the closing of bank accounts of
Somali MTOs and the accompanying reduction in the level of remittances to
Somalia may have a direct and significant impact on the enjoyment of a wide range
of human rights of Somali-Britons as well as people living in Somalia, including
the rights to equality, culture, food, education, health and life. Related
communications were sent to the Governments of Australia, Somalia and the
United States of America on 13 January 2016, see above, case nos. AUS 9/2015
and SOM 2/2015, and below, case no. USA 21/2015.
24/03/2016
A /H
R C
/3 2
/5 3
4 9
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
13/01/2016
JAL
USA 21/2015
United States of
America
Business
enterprises;
Extreme poverty;
Somalia;
Terrorism;
Allegations concerning the negative impact of termination of accounts of Somali
money transfer operators (MTOs) by commercial banks in the United States on the
human rights of Somali-Americans and people living in Somalia who are
dependent on remittances from the United States. According to the information
received, the implementation and enforcement of domestic and international anti-
money laundering and counter-terrorism (AML/CFT) legislation and regulations
resulted in increasing and widespread closure of bank accounts of Somali MTOs in
the United States. There are concerns that the closing of bank accounts of Somali
MTOs and the accompanying reduction in the level of remittances to Somalia may
have a direct and significant impact on the enjoyment of a wide range of human
rights of Somali-Americans as well as people living in Somalia, including the
rights to equality, culture, food, education, health and life. Related communications
were sent to the Governments of Australia, Somalia and the Kingdom of Great
Britain and Northern Ireland on 13 January 2016, see above, case nos. AUS
9/2015, SOM 2/2015 and GBR 5/2015.
A /H
R C
/3 2
/5 3
5 0
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/01/2016
JUA
HND 1/2016
Honduras
Business
enterprises;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Indigenous
peoples; Summary
executions;
Alegaciones de asesinato, ataques, intimidación y amenazas contra miembros de
comunidades indígenas y defensores de derechos humanos. Según las
informaciones recibidas, el 27 de septiembre del 2015 una persona habría muerto y
varias heridas en un enfrentamiento entre miembros del consejo indígena San
Isidro y afines de un proyecto hidroeléctrico, en el municipio de Santa Elena. El Sr.
Rosalio Vasquez Pineda, Presidente del consejo indígena de San Isidro, habría sido
acusado de homicidio e intento de homicidio, aunque no habría estado presente. El
10 de octubre de 2015, el Sr. Yobany Alonzo Vasquez, miembro de Movimiento
Indígena Lenca de la Paz (MILPAH) habría sido detenido de manera violenta y
amenazado de muerte por una patrulla de diez policías. El 22 de octubre de 2015, a
las 4:30 de la mañana, 30 policías, militares y civiles armados habrían entrado de
manera violenta en la vivienda del Sr. Rosalio Vásquez Pineda y la Sra. Ana
Miriam Romero, y atacado miembros de su familia. Los Sres. Porfirio Vasquez
Pineda y Rodolfo Vasquez Pineda fueron detenidos. Las Sras. Romero y Rosaura
Vásquez Pineda habrían sufrido consecuencias graves de los golpes recibidos
durante el ataque. El 20 de diciembre de 2015 el Sr. Javier Vásquez Benítez,
miembro de MILPAH, habría sido encontrado asesinado en un barranco en el
municipio Santa Elena en La Paz.
04/04/2016
A /H
R C
/3 2
/5 3
5 1
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/01/2016
JAL
NIC 6/2015
Nicaragua
Business
enterprises;
Environment;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Indigenous
peoples;
Alegaciones de abuso de autoridad y funciones, y falta de protección de
manifestantes y defensores de derechos humanos, por parte de la Policía Nacional
nicaragüense en el marco de una manifestación campesina contra la construcción
del Canal interoceánico en Nicaragua. Según las informaciones recibidas, en el
contexto de acciones de comunidades campesinas y pueblos indígenas contra la
construcción del Canal interoceánico en Nicaragua, el Consejo por la Defensa de la
Tierra, Lago y Soberanía habría convocado una marcha campesina a nivel nacional
para el 27 de octubre de 2015, con el fin de protestar contra el mencionado
proyecto y demandar la derogación de la “Ley Especial para el Desarrollo de
Infraestructura y Transporte Nicaragüense atingente a El Canal, Zonas de Libre
Comercio e Infraestructuras Asociadas” (Ley n. 840). Las autoridades habrían
obstaculizado la participación de las personas en las manifestaciones sin razón o
motivo aparente. Se reportaron varias detenciones, presuntamente arbitrarias,
confiscación de bienes personales, sin mandato judicial y agresiones a los
manifestantes por parte de otros grupos de individuos, sin la debida protección
por parte de las autoridades. Estas alegaciones conllevarían presuntas violaciones
de los derechos a la libertad de reunión y libertad de expresión, así como el
derecho a la libertad y a la seguridad personal.
11/03/2016
11/03/2016
15/01/2016
AL
CHL 1/2016
Chile
Indigenous
peoples;
Alegaciones sobre violaciones de derechos de miembros del pueblo Rapa Nui en la
isla de Pascua, incluidas detenciones de dirigentes Rapa Nui y registro indebida y
clausura de las oficinas del Parlamento Rapa Nui. Según las informaciones
recibidas, los supuestos hechos estarían relacionados con los derechos de los Rapa
Nui sobre sus tierras, territorios y recursos, incluidos los sitios ceremoniales y de
uso ancestral ahora comprendidos en el Parque Nacional Rapa Nui. Alegaciones de
falta de efectividad del proceso de las comisiones de trabajo y los acuerdos
adoptados que no han conseguido instaurar un clima de diálogo y buena fe, a raíz
de alegaciones sobre las detenciones de representantes Rapa Nui e investigaciones
y registros de algunas de sus organizaciones.
A /H
R C
/3 2
/5 3
5 2
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
15/01/2016
JUA
CHN 1/2016
China (People's
Republic of)
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Independence of
judges and
lawyers;
Alleged arbitrary arrest and detention of six labour activists and human rights
defenders. According to the information received, in early December 2015, the
police arrested Ms. Zhu Xiaomei, Mr. Meng Han, Mr. Peng Jiayong, Mr. Deng
Xiaoming and another male labour activist for “gathering a crowd to disturb social
order”. They are all detained at the Guangzhou No. 1 Detention Center. In
addition, on 4 December 2015, the police arrested Mr. He Xiaobo for “illegal
misappropriation of workplace funds”. He is reportedly detained at the Foshan
Nanhai District Detention Center. It is alleged that the detention and prosecution of
these six individuals did not comply with the due process guarantees of a fair trial
and that the charges brought against them were unsubstantiated. All the detainees
have reportedly been denied access to a lawyer.
28/02/2016
15/01/2016
UA
SYR 1/2016
Syrian Arab
Republic
Food;
Allegations of starvation and situations of extreme malnutrition in besieged areas
in Syria. According to the information received, approximately 400,000 people
living in 15 besieged and hard-to-reach locations throughout Syria are trapped in
desperate circumstances and in urgent need of emergency assistance. Heavily
restricted access to essential supplies has resulted in besieged communities
enduring immense suffering with allegations suggesting that in the town of
Madaya alone 23 people, including children, starved to death since December
2015, while many others continue to suffer from acute malnutrition. Grave
concern is expressed at the reported suffering of the afore-mentioned besieged
populations, particularly at the reported cases of starvation and extreme
malnutrition.
18/01/2016
A /H
R C
/3 2
/5 3
5 3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
20/01/2016
JUA
IRN 3/2016
Iran (Islamic
Republic of)
Discrimination
against women;
Iran; Summary
executions;
Torture; Violence
against women;
Alleged imminent risk of execution by stoning of an Iranian woman. According to
the information received, in November 2013, Ms. Fariba Khalegi was arrested on
suspicion of involvement in the murder of her husband. While she was initially
released without charge, Ms. Khalegi was later charged with having a sexual
relationship with her husband’s alleged, and later convicted, murderer. On 15
October 2014, Ms. Khalegi was reportedly convicted of adultery (zina-ye
mohsaneh) and sentenced to death by stoning. The sentence was reportedly upheld
by the Supreme Court on 27 January 2015. It is believed that her execution is
imminent as all legal avenues of appeal appear to have been exhausted.
20/01/2016
JUA
SDN 1/2016
Sudan
Freedom of
expression;
Freedom of
religion; Minority
issues; Sudan;
Summary
executions;
Allegations concerning a trial in Sudan against 22 Muslim men and three children
for apostasy. According to the information received, 27 persons (24 male adults
and three male children) were arrested in Khartoum on 2 and 3 November 2015 on
the charge of apostasy, which is punishable by death under article 126 of the
Sudanese criminal code. On 30 November 2015, the three boys, who had been held
in custody together with adults, were released by the Khartoum Criminal Court on
the condition that they attend the upcoming trial. On 9 December 2015, the Court
released two of the men due to insufficient evidence. On 14 December 2015, the
remaining 22 adult males were released on bail pending the next hearing, to be
held on 9 February 2016. The 25 defendants follow an interpretation of Islam
different from the Government-supported denomination and deny the charges of
apostasy filed against them.
29/04/2016
21/01/2016
AL
BDI 2/2016
Burundi
Albinism;
Allégations de violations des droits de l’homme de personnes atteintes d’albinisme.
Selon les informations reçues, le 15 décembre 2015, Mr. Augustin Girukwishaka,
une personne avec albinisme, a été agressé dans le but de lui sectionner un bras,
puis assassiné dans la commune de Kanyosha, zone de Muyira. Il est probable que
l’agression ait été perpétrée dans le but de découper des parties du corps de la
victime afin de les utiliser, ou de les vendre en vue de leur utilisation dans le cadre
de rituels de sorcellerie.
A /H
R C
/3 2
/5 3
5 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
21/01/2016
JUA
TUR 1/2016
Turkey
Health; Summary
executions;
Alleged obstructions of access to health care as well as alleged attacks against
health care workers in the context of violent clashes between security forces and
armed groups in the southeast of Turkey. According to the information received,
since 16 August 2015, authorities in the southeast of Turkey have imposed
repeated and indefinite curfews, and over 160 civilians have reportedly lost their
lives in the context of counter-terrorist operations conducted during these curfews.
It is alleged that several of these deaths occurred due to the obstruction of health
care access and delivery by security forces. Reports further indicate intensified
attacks on health workers, including arrests and killings. Finally, it is reported that
at least six civilians died due to the stress effects that the curfews and the
intensified attacks had on their health conditions.
25/02/2016
21/01/2016
JAL
UGA 1/2016
Uganda
Freedom of
expression;
Health; Torture;
Allegations of arbitrary arrest, detention, torture, denial of medical assistance and
charges filed against a journalist for the exercise of his right to freedom of
expression. According to the information received, on 13 July 2011, Mr. Augustine
Okello was arrested in Lira by security officers. From 13 July 2011 to 26 July
2012, he was held in pre-trial detention, after which he was released on bail.
During his detention, Mr. Okello was allegedly tortured and sustained injuries for
which he did not receive adequate and timely medical treatment. Mr. Okello has
been charged with treason and, if convicted, may face death penalty or life
imprisonment. He filed an application for review of his case at the High Court. He
has not heard from the High Court since and is currently awaiting the start of his
trial.
A /H
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/5 3
5 5
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
22/01/2016
JUA
IRN 1/2016
Iran (Islamic
Republic of)
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Health; Human
rights defenders;
Independence of
judges and
lawyers; Iran;
Violence against
women;
Alleged arbitrary detention, denial of due process and inadequate medical
treatment of a human rights defender. According to the information received, Ms.
Bahareh Hedayat, a student and prominent women’s rights activist, has been in
prison since 31 December 2009. On 5 May 2010, she was sentenced to seven and a
half years of imprisonment on charges of crimes against national security, insulting
the President and insulting the Supreme Leader. In December 2010, Ms. Hedayat
reportedly received an additional six-month prison sentence on charges of
“propaganda against the state” for writing a letter from prison, in which she urged
Iranian students to continue their peaceful struggle. On 17 August 2015, the
Revolutionary Court issued a two-year suspended sentence at the request of
Tehran’s Prosecutor General. She is reportedly suffering from chronic illness and
has been diagnosed with gallstones during her imprisonment. However, Ms.
Hedayat has allegedly been denied adequate medical attention.
27/01/2016
JAL
SLE 1/2016
Sierra Leone
Discrimination
against women;
Health; Torture;
Violence against
women;
Allegations concerning the delay in signing the Safe Abortion Bill in Sierra Leone,
after its adoption by the Parliament. According to the information received, on 8
December 2015, the Parliament of Sierra Leone passed the 2015 Safe Abortion Bill
by large majority. On 23 December 2015, the Bill was sent for signature to the
President in order to become effective. The 2015 Safe Abortion Bill allows women
to have an abortion during the first twelve weeks of gestation, under any
circumstances, and between the thirteenth and twenty-fourth weeks of pregnancy
in cases of rape, incest, foetal impairment or risk for the woman’s health. The Bill
also authorizes abortion for girls under 18, with the consent of a parent, a guardian
or an “adult acting in loco parentis”. However, on 6 January 2016, after a meeting
with the Inter-Religious Council of Sierra Leone, the President decided to send the
Bill to Parliament for reconsideration. After meeting with key parliamentary
leaders on 14 January 2016, the Inter-Religious Council of Sierra Leone is
expected to address the Parliament on 27 January 2016 in order to express their
position on the Bill.
A /H
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/5 3
5 6
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
01/02/2016
JUA
IRN 2/2016
Iran (Islamic
Republic of)
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Health; Iran;
Alleged arbitrary detention and denial of adequate medical treatment to an elderly
person. According to the information received, on 16 June 2015, Mr. Mohammad
Hossein Rafiee Fanood, a 70 years old retired university professor, was arrested
without a warrant by agents from the Ministry of Intelligence. Following his arrest,
Mr. Rafiee Fanood was transferred to Section 8 of Evin Prison, where he is
currently being held. In July 2015, Mr. Rafiee Fanood was verbally informed that
he had been arrested to serve a four-year prison sentence handed down in 2003 on
charges of “membership and activity with the illegal group” and for “spreading
propaganda against the State through his writings and statements.” Mr. Rafiee
Fanood suffers from serious health problems, including a heart condition, high
blood pressure, thyroid issues and severe allergies. It is reported that he does not
have access to a specialist physician and that the prison authorities have recently
refused to give him medicines provided by his family.
01/02/2016
JUA
PAK 3/2016
Pakistan
Disability; Health;
Summary
executions;
Torture;
Alleged torture and imminent execution of a person with disabilities. According to
the information received, on 28 July 2015, the Lahore High Court stayed the
execution of Mr. Abdul Basit and ordered an assessment of his medical situation.
On 17 August 2015, the Court issued a new warrant and re- scheduled Mr. Basit’s
execution for 22 September 2015. This second warrant was challenged by Mr.
Basit’s lawyers based on the fact that Pakistan’s Prison Rules do not provide any
procedures to execute a person who is paralyzed and because of the risk of an
appalling death. On 24 November 2015, the Presidency stayed his execution for
two months and ordered a new inquiry into the case. Despite repeated requests
from Mr. Basiz’s lawyers, details of the medical tests and assessments have not yet
been provided by the relevant authorities. Mr. Basit’s two-month stay of execution
expired on 23 January 2016 and another execution warrant could be issued at any
time. This case was the subject of an earlier communication sent on 24 July 2015,
see A/HRC/31/79, case no. PAK 5/2015.
A /H
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/5 3
5 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/02/2016
JUA
DJI 1/2016
Djibouti
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allégations de condamnation et détention arbitraire d’un défenseur des droits de
l’homme. Selon les informations reçues, le 17 janvier 2016, M. Omar Ali Ewado,
défenseur des droits de l’homme et membre fondateur de la Ligue djiboutienne des
droits humains (LDDH), aurait été condamné à trois mois de prison pour «
diffamation publique », pour avoir publié une liste des victimes et disparus lors des
évènements violents qui auraient eu lieu à Djibouti-ville le 21 décembre 2015. Les
gendarmes ont perquisitionné le bureau et le domicile de M. Ewado, saisissant des
documents et des éléments informatiques appartenant à la LDDH. La famille de M.
Ewado n’aurait pas été autorisée à le voir pendant sa détention. La condamnation et
la détention de M. Ewado sembleraient être liées à ses activités légitimes et
pacifiques en faveur de la défense des droits de l’homme et à l’exercice de son
droit à la liberté d’opinion et d’expression.
02/02/2016
JUA
MMR 1/2016
Myanmar
Health; Human
rights defenders;
Myanmar;
Alleged re-arrest and detention of a former prisoner of conscience. According to
the information received, Mr. Shin Gambira, also known as Nyi Nyi Lwin, who
was sentenced to 68 years in prison in 2008 in relation to anti-government protests
and released in 2012 following a presidential pardon, was again arrested on 19
January 2016 by police in Mandalay and charged with entering Myanmar illegally
in violation of Section 13(1) of Myanmar’s 1947 Immigration (Emergency
Provisions) Act. He had entered the country a few days before without difficulty at
an official crossing between Thailand and Myanmar with the purpose of applying
for a passport. Mr. Gambira is currently detained in Oh-Bo prison in Mandalay. He
has a serious mental health condition for which he is required to take medication
and which could worsen as a consequence of the detention. Mr. Gambira was the
subject of four previous communications sent on 21 November 2007, see
A/HRC/7/10/Add.1, paras. 186-189; 28 February 2008, see A/HRC/10/8/Add.1,
paras. 150-157; 28 November 2011, see A/HRC/19/44, case no. MMR 4/2011; and
12 December 2012, see A/HRC/23/51, case no. MMR 12/2012.
23/02/2016
A /H
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5 8
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/02/2016
JAL
PAK 2/2016
Pakistan
Discrimination
against women;
Freedom of
religion; Minority
issues; Sale of
children; Slavery;
Violence against
women;
Allegations concerning the reported abduction and subsequent forced conversion
and marriage of a 15 year old Hindu girl, in Allah Dino Magsi Village, Qambar
Shahdadkot, Sindh province. On 19 April 2015, six men allegedly kidnapped a 15
year old girl in her home at 1 p.m. in front of her parents. Thereafter her parents
reportedly tried to register a First Information Report at the police station on
several occasions but were repeatedly sent away. On 25 April 2015, a statement
from the girl was reportedly published in a newspaper in which she declared that
she was 22 years old, had converted to Islam, changed her name and had married a
boy. The parents allegedly brought the case to the Session Court of Qambar
Shahdadkot, Larkana, which decided on 2 June 2015 to have the girl placed in a
shelter called Dar-ul-Aman and have her age determined. One of the alleged
perpetrators reportedly filed an application before the High Court Sindh, Circuit
Court, Larkana to challenge the decision of the judge from the Session Court. On
24 June 2015, the High Court allegedly judged that the girl was an adult under
Sharia law and suspended the decision of the Session Court thus sending her back
to live with the aforementioned boy.
03/02/2016
JAL
COL 5/2015
Colombia
African descent;
Human rights
defenders;
Minority issues;
Racism; Summary
executions;
Alleged killings of, and death threats received by, a number of Afro-Colombian
human rights defenders and community leaders; alleged persistent structural
discrimination faced by Afro-Colombians which affects the enjoyment of their
economic, social and cultural rights. According to the information received, there
are patterns of human rights concerns arising from business ventures (including
environmental damage, displacement of persons, etc.); the negative impact of
extractive projects and illegal mining on the livelihood of Afro-Colombians. It is
also reported that Afro-Colombians have faced a disproportionate impact of the
armed conflict.
28/04/2016
A /H
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/5 3
5 9
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
04/02/2016
UA
VEN 1/2016
Venezuela
Health;
Presunta crisis humanitaria en salud por la agravación en la escasez de
medicamentos, insumos médicos y creciente deterioro de la infraestructura
sanitaria en Venezuela. Según las informaciones recibidas, el 26 de enero de 2016,
la Asamblea Nacional de la República Bolivariana de Venezuela declaró una crisis
humanitaria en salud por la grave escasez de medicamentos, insumos médicos y
creciente deterioro de la infraestructura sanitaria. La persistencia de esta situación
seguiría impactando gravemente en el derecho a la salud de la población,
ocasionando incluso la muerte de personas con enfermedades crónicas por la falta
de condiciones mínimas de atención y medicamentos esenciales en la red pública
nacional de salud. El desabastecimiento de insumos y medicamentos ha sido objeto
de comunicaciones anteriores enviadas el 9 de abril de 2014, ver A/HRC/27/72,
caso no. VEN 2/2014; y 20 de julio de 2015, ver A/HRC/31/79, case no. VEN
10/2015.
05/02/2016
JUA
JOR 1/2016
Jordan
Arbitrary
detention;
Freedom of
expression;
Torture;
Alleged arbitrary arrest, detention and conviction of a university professor for
exercising his right to freedom of opinion and expression online. According to the
information received, on 10 June 2015, Dr. Eyad Qunaibi posted an article on his
Facebook page. He was subsequently summoned several times for interrogation by
the General Intelligence Directorate, and, on 15 June 2015, he was arrested and
detained. On 7 December 2015, Dr. Qunaibi was convicted of “undermining the
political regime in the Kingdom or incitement against it” and sentenced to two
years’ imprisonment. He is currently serving his sentence and concerns are
expressed at his conditions of detention, in particular the use of solitary
confinement, which may amount to torture and other cruel, inhuman or degrading
treatment or punishment. Serious concern is expressed that the alleged reason for
the detention and conviction of Dr. Qunaibi relates to the legitimate exercise of his
right to freedom of opinion and expression on the Internet.
A /H
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/5 3
6 0
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
08/02/2016
AL
CHN 2/2016
China (People's
Republic of)
Discrimination
against women;
Letter concerning the forced closure of the Zhongze Women’s Legal Counseling
and Service Centre in Beijing. Further to its country visit conducted from 12 to 19
December 2013 and exchanges of a previous follow-up letter, the Working Group
on Discrimination against Women, as part of a continuing dialogue, inquires about
the closure, as of 1 February 2016 upon the receipt of an order from the
Government, of the Zhongze Women’s Legal Counseling and Service Center - a
leading women’s legal aid centre in Beijing. The previous letter was sent on 28
April 2015, see A/HRC/31/79, case no. CHN 3/2015.
28/02/2016
08/02/2016
JUA
EGY 1/2016
Egypt
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Independence of
judges and
lawyers; Torture;
Alleged arbitrary arrest and detention of two journalists for the exercise of their
right to freedom of expression and association. According to the information
received, on 21 October 2015, the Mada Foundation for Media Development, a
non-governmental organization that provides training to local journalists, was
raided and Mr. Hisham Ahmed Awad Jafar, its Head and a journalist, was arrested
and detained in solitary confinement. He reportedly still remains in solitary
confinement without being informed of the charges filed against him and without
access to his family. On 29 November 2015, Mr. Ismail Alexandrani, a freelance
investigative journalist and academic, was arrested upon his arrival at Hurghada
Airport and detained. He was interrogated twice without access to a lawyer and
remains in detention without being informed of the charges filed against him.
Grave concern is expressed at the alleged motivation for the arrest and detention of
Mr. Jafar and of Mr. Alexandrani, which seems to be directly linked to their
legitimate exercise of their rights to freedom of expression and association.
A /H
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/5 3
6 1
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
08/02/2016
JUA
GRC 1/2016
Greece
Arbitrary
detention;
Disability; Health;
Torture;
Allegations of extremely alarming living and care conditions of the internees of the
Disability Branch of the Centre of Social Welfare of Western Greece, formerly
known as the Children’s Care Centre of Lechaina. According to the information
received, this institution, which hosts approximately 55 to 60 persons with
intellectual disabilities, including five children, lacks adequate medical and health
care professionals. Due to shortage of staff, most internees are allegedly sedated,
spend their days in isolation and are confined in cage beds or cells with wooden
bars up to the ceiling. Several internees, including young children, have their limbs
reportedly strapped to their beds, some in unnatural forced positions. Such
conditions could seriously undermine the right of persons with disabilities to
liberty and security, to physical and mental integrity, to freedom from cruel,
inhuman or degrading treatment, to freedom from all forms of exploitation,
violence and abuse, and to the highest attainable standard of physical and mental
health.
10/02/2016
JAL
NGA 1/2016
Nigeria
Freedom of
expression;
Human rights
defenders;
Alleged restrictions on the right to freedom of expression in provisions of the Bill
“An Act to Prohibit Frivolous Petitions; and Other Matters Connected Therewith”.
According to the information received, this draft legislation contains provisions
that appear to unduly restrict the legitimate exercise of the right to freedom of
expression in Nigeria. The draft reportedly criminalizes free speech online, lacks
clear definitions and allows for the imposition of disproportionate penalties.
Concern is expressed that, if passed, the law could have a deterrent effect on the
exercise of the right to freedom of expression and the use of social media, and
potentially criminalize the work of human rights defenders in the country.
A /H
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/5 3
6 2
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/02/2016
UA
BDI 1/2016
Burundi
Torture;
Allégations d’actes de torture et de mauvais traitements d’un General de l’armée
burundaise ainsi que de l’absence ou d’un retard disproportionnel des enquêtes et
poursuites des auteurs présumés responsables de ces actes. Selon les informations
reçues, M. Ndayirukiye aurait fait l’objet d’actes de torture et de mauvais
traitements pendant son arrestation et détention par la Garde présidentielle et de la
Brigade spéciale pour la protection des Institutions et de l’administration
pénitentiaire. En outre, M. Ndayirukiye aurait de facto été privé d’une assistance
juridique indépendante et efficace, une situation qui semble mettre en grand danger
sa santé et sa vie.
12/02/2016
JAL
AUS 1/2016
Australia
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged restrictions to the rights to peaceful assembly and freedom of expression in
provisions of the Criminal Code Amendment (Prevention of Lawful Activity) Bill,
2015, in the state of Western Australia. According to the information received, the
Bill has undergone two readings in the Legislative Council of the State Parliament
and is scheduled to be debated on 16 February 2016. The Bill intends to prohibit
the physical prevention of lawful activities by protesters. It reportedly contains
various provisions that unduly restrict the rights to peaceful assembly and freedom
of expression in the State of Western Australia by criminalizing a wide range of
legitimate conduct, including peaceful protests that may entail blocking access to
roads or buildings. Concern is expressed that the mandatory and disproportionate
penalties could have a deterrent effect on the legitimate exercise of the right to
peaceful assembly and the right to freedom of expression.
13/04/2016
A /H
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6 3
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
DOM 1/2016
Dominican
Republic
Discrimination
against women;
Health; Torture;
Violence against
women;
Alegaciones sobre la adopción de las reformas del Código Penal de la República
Dominicana que debería haber entrado en vigor el 19 de diciembre de 2015. Según
las informaciones recibidas, el 19 de diciembre de 2014, el Presidente de la
República Dominicana promulgó la Ley 550-14 aprobada por el Congreso que
reformaba el Código Penal. En enero de 2015, tres organizaciones de la sociedad
civil apelaron la Ley 550-14 ante el Tribunal Constitucional para cuestionar la
constitucionalidad de los artículos 107 a 110, relativos al aborto. El 2 de diciembre
de 2015, el Tribunal Constitucional declaró inconstitucional el procedimiento que
rodea la expedición del Código Penal, ya que la reforma fue aprobada solo por la
Cámara del Congreso de los Diputados. La reforma debía incluir también los votos
del Senado. Aunque el Tribunal no se ha pronunciado sobre las cuestiones de
fondo relacionadas al aborto, se restablecieron las disposiciones del Código Penal
de 1884 que criminalizan totalmente el aborto. Se expresa preocupación en cuanto
al restablecimiento del Código Penal de 1884 y se reiteran las mismas
preocupaciones relativas DOM 2/2014, a la violación de los derechos básicos de
las mujeres y adolescentes, ya expresadas en la comunicación enviada el 11 de
diciembre de 2014, ver A/HRC/29/50, caso no. DOM 2/2014. La reforma también
incluía la tipificación del feminicidio establecida en la Ley 550-14.
12/02/2016
JUA
EGY 2/2016
Egypt
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Independence of
judges and
lawyers;
Alleged arbitrary arrest, detention and charges against three human rights
defenders for their legitimate human rights work and the exercise of their rights to
freedom of association and freedom of expression. According to the information
received, on 1 May 2014, security forces raided the Belady Foundation, a non-
governmental organization supporting human rights initiatives, and arrested its
founders, Ms. Aya Hegazy and Mr. Mohamed Hassanein, and a volunteer, Ms.
Amira Farag. They were all detained in pre-trial detention, where they remain, and
have been charged with numerous offences. Ms. Hegazy could not present her
defence at several court hearings. Serious concern is expressed at the alleged
motivation for the arrest, detention and charges against the named persons,
allegedly linked to their human rights work at the Belady Foundation, as well as
for the principle of equality of arms in the trial against Ms. Hegazy.
A /H
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/5 3
6 4
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Type
Case No
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12/02/2016
JAL
OTH 2/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely Aekyung Co.
Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to Hanvit Chemical Co. Ltd,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See below, case nos.
OTH 3/2016, OTH 4/2016, OTH 5/2016, OTH 6/2016, OTH 7/2016, OTH 8/2016,
OTH 9/2016, OTH 10/2016, and KOR 1/2016.
A /H
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/5 3
6 5
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Type
Case No
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12/02/2016
JAL
OTH 3/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to Aekyung Co. Ltd.,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See below, case nos.
OTH 2/2016, OTH 4/2016, OTH 5/2016, OTH 6/2016, OTH 7/2016, OTH 8/2016,
OTH 9/2016, OTH 10/2016, and KOR 1/2016.
A /H
R C
/3 2
/5 3
6 6
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
OTH 4/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to Oxy Reckitt Benckiser,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See below, case nos.
OTH 2/2016, OTH 3/2016, OTH 5/2016, OTH 6/2016, OTH 7/2016, OTH 8/2016,
OTH 9/2016, OTH 10/2016, and KOR 1/2016.
12/04/2016
A /H
R C
/3 2
/5 3
6 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
OTH 5/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to Lotte Shopping Co. Ltd.,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See below, case nos.
OTH 2/2016, OTH 3/2016, OTH 4/2016, OTH 6/2016, OTH 7/2016, OTH 8/2016,
OTH 9/2016, OTH 10/2016, and KOR 1/2016.
A /H
R C
/3 2
/5 3
6 8
Date
Type
Case No
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12/02/2016
JAL
OTH 6/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to E-mart Co. Ltd., related
communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See below, case nos.
OTH 2/2016, OTH 3/2016, OTH 4/2016, OTH 5/2016, OTH 7/2016, OTH 8/2016,
OTH 9/2016, OTH 10/2016, and KOR 1/2016.
A /H
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/5 3
6 9
Date
Type
Case No
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12/02/2016
JAL
OTH 7/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to GS Retail Co. Ltd.,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See above and below,
case nos. OTH 2/2016, OTH 3/2016, OTH 4/2016, OTH 5/2016, OTH 6/2016,
OTH 8/2016, OTH 9/2016, OTH 10/2016, and KOR 1/2016.
A /H
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7 0
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
OTH 8/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to Home Plus Co. Ltd.,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See above and below,
case nos. OTH 2/2016, OTH 3/2016, OTH 4/2016, OTH 5/2016, OTH 6/2016,
OTH 7/2016, OTH 9/2016, OTH 10/2016, and KOR 1/2016.
A /H
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7 1
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
OTH 9/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to Costco Wholesale Korea,
related communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See above and below,
case nos. OTH 2/2016, OTH 3/2016, OTH 4/2016, OTH 5/2016, OTH 6/2016,
OTH 7/2016, OTH 8/2016, OTH 10/2016, and KOR 1/2016.
06/04/2015
A /H
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7 2
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
OTH 10/2016
Other
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. In addition to the current communication sent to SK Chemicals, related
communications were sent to the above-mentioned companies and the
Governments of Republic of Korea on 12 February 2016. See above and below,
case nos. OTH 2/2016, OTH 3/2016, OTH 4/2016, OTH 5/2016, OTH 6/2016,
OTH 7/2016, OTH 8/2016, OTH 9/2016, and KOR 1/2016.
A /H
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7 3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/02/2016
JAL
KOR 1/2016
Republic of
Korea
Business
enterprises;
Hazardous
substances and
wastes; Health;
Alleged violations of the rights of at least 530 individuals who suffered from
adverse health impacts due to the exposure to hazardous chemicals found in
humidifier sterilizers, including over 140 deaths. According to the information
received, since 2011, several individuals have suffered from respiratory failure,
acute pneumonia and other unknown lung diseases as a result of using humidifiers
sterilizers manufactured and sold by several business entities, namely, Aekyung
Co. Ltd., Costco Wholesale Korea, E-mart Co. Ltd., GS Retail Co. Ltd., Hanvit
Chemical Co. Ltd., Home Plus Co. Ltd., Lotte Shopping Co. Ltd., Oxy Reckitt
Benckiser, and SK Chemicals. It is alleged that two investigations carried out by
the Government to identify victims were based on a classification scheme which
resulted in identifying a limited number of victims and potentially excluding other
victims eligible for financial support, health monitoring and any other elements of
remedy. Related communications were sent to the above-mentioned companies on
12 February 2016. See above, case nos. OTH 2/2016, OTH 3/2016, OTH 4/2016,
OTH 5/2016, OTH 6/2016, OTH 7/2016, OTH 8/2016, OTH 9/2016, OTH
10/2016, and OTH 11/2016.
20/04/2016
A /H
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7 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
15/02/2016
AL
PRK 1/2016
Democratic
People's
Republic of
Korea
DPR Korea;
Allegations of restrictions to the right of freedom of movement in relation to an
extradition treaty signed between the Russian Federation and the Democratic
People’s Republic of Korea (DPRK). According to the information received, in
November 2015, the Russian Federation and DPRK signed an extradition treaty,
calling for mutual assistance in criminal matters. On 2 February 2016, DPRK and
the Russian Federation reportedly signed another treaty that calls for “transferring
and readmitting individuals who have illegally left and are illegally present” on the
territory of either country. The treaty aims to reduce the number of illegal migrants
present in both countries, which reportedly relates to an established practice where
DPRK sends its workers to work at logging and/or construction sites in the Russian
Federation where they are subjected to severe working conditions and limitations
of their basic rights, including freedom of movement. Some workers have
reportedly sought asylum outside the DPRK, including in the Russian Federation,
fearing persecution for deserting official employment, including torture, should
they return to their country. A related communication was sent to the Government
of the Russian Federation on 15 February 2016, see below, case no. RUS 1/2016.
A /H
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7 5
Date
Type
Case No
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15/02/2016
AL
RUS 1/2016
Russian
Federation
DPR Korea;
Allegations of restrictions to the right of freedom of movement in relation to an
extradition treaty signed between the Russian Federation and the Democratic
People’s Republic of Korea (DPRK). According to the information received, in
November 2015, the Russian Federation and DPRK signed an extradition treaty,
calling for mutual assistance in criminal matters. On 2 February 2016, DPRK and
the Russian Federation reportedly signed another treaty that calls for “transferring
and readmitting individuals who have illegally left and are illegally present” on the
territory of either country. The treaty aims to reduce the number of illegal migrants
present in both countries, which reportedly relates to an established practice where
DPRK sends its workers to work at logging and/or construction sites in the Russian
Federation where they are subjected to severe working conditions and limitations
of their basic rights, including freedom of movement. Some workers have
reportedly sought asylum outside the DPRK, including in the Russian Federation,
fearing persecution for deserting official employment, including torture, should
they return to their country. Concern is expressed that this treaty might be used in
contravention of the principle of non-refoulement. A related communication was
sent to the Government of the Democratic People’s Republic of Korea on 15
February 2016, see above, case no. PRK 1/2016.
A /H
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/02/2016
JUA
COD 1/2016
Democratic
Republic of the
Congo
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allégations quant à l’arrestation et la détention arbitraire de neuf personnes dont
deux défenseurs des droits de l’homme. Selon les informations reçues, le 28
novembre 2015, M. Juvin Kombi et M. Pascal Byumanine, membres de la Lutte
pour le Changement (LUCHA), ainsi que M. Innocent Fumbu, M. Saïdi
Wetemwami Heshima, M. Gervais Semunda Rwamakuba, M. Nelson Katembo
Kalindalo, M. Jonathan Kambale Muhasa, M. Osée Kakule Kilala et M. Jojo
Semivumbi auraient été arrêtés par les autorités congolaises lors d’une
manifestation pacifique à Goma organisée par la LUCHA en mémoire des
victimes des tueries commises dans la région de Beni. Le 25 janvier 2016, la
demande de liberté provisoire formulée par les avocats des neuf personnes
détenues depuis le 28 novembre 2015, aurait été rejetée par le Tribunal de Grande
Instance de Goma et ensuite par la Cour d’Appel saisie au second degré.
L’audience a débuté le 4 février 2016. Certains membres ou proches de la
LUCHA ont fait l’objet de deux communications précédentes envoyées le 16 juin
2015 et le 30 novembre 2015, voir A/HRC/18/51, cas no COD 3/2015 et cas no
COD 4/2015).
16/02/2016
JAL
JOR 2/2016
Jordan
Business
enterprises;
Environment;
Freedom of
expression;
Human rights
defenders;
Allegations of intimidation, in the form of a verbal threat, and harassment, against
an environmental human rights defender following his complaints against the
fourth independent power plant (IPP4), Al-Manakher Power Plant, located in the
east of Amman, Jordan. According to the information received, on 8 September
and 24 November 2015, Mr. Farhan Issa Ahmed Al-Daboubi, a 60-year-old
engineer, was summoned by the authorities and questioned about his letters of
complaint against IPP4. It is alleged that on 24 November 2015, after being
detained for 24 hours, as a condition of release, the police requested Mr. Al-
Dadoubi to sign a document committing him not to write to any international
organization regarding the IPP4 Project and AES Levant Holding BV Jordan PSC.
A related communication was sent to AES Levant Holding BV Jordan PSC on 16
February 2016, see below, case no. OTH 1/2016.
A /H
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7 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
16/02/2016
JAL
LAO 1/2016
Lao People's
Democratic
Republic
Adequate housing;
Business
enterprises;
Cultural Rights;
Environment;
Food; Health;
Indigenous
peoples;
Alleged human rights violations associated with the Don Sahong dam development
project of the lower Mekong River in the territory of Lao People’s Democratic
Republic, 2 kilometres from the Laos-Cambodia border. According to the
information received, the dam construction, operated by a Malaysian developer,
Mega First, is likely to adversely affect approximately 29.7 million people residing
both upstream and downstream from the Mekong dam in Lao PDR, Cambodia,
Thailand and Vietnam. Despite the anticipated risks, it is alleged that the project is
proceeding without adequate environmental and human rights impact assessment
and in the absence of meaningful consultations with the concerned population
while posing a considerable threat to the livelihoods of people living in the area,
particularly in relation to their right to an adequate standard of living, including the
rights to adequate food and housing, the right to the highest standard of physical
and mental health, cultural rights, the rights to information and participation, as
well as the rights of indigenous peoples. A related communication was sent to the
Government of Malaysia on 29 February 2016, see below, case no. MYS 1/2016,
as well as to Mega First Corporation Berhad and the Mekong River Commission
on 29 February 2016, see below, case nos. OTH 12/2016 and OTH 13/2016.
16/02/2016
JAL
OTH 1/2016
Other
Business
enterprises;
Environment;
Freedom of
expression;
Human rights
defenders;
Allegations of intimidation, in the form of a verbal threat, and harassment, against
an environmental human rights defender following his complaints against the
fourth independent power plant (IPP4) Al-Manakher Power Plant located in the
east of Amman, Jordan. According to the information received, on 8 September
and 24 November 2015, Mr. Farhan Issa Ahmed Al-Daboubi, a 60-year old
engineer, was summoned by the authorities and questioned about his letters of
complaint against IPP4. It is alleged that on 24 November 2015, after being
detained for 24 hours, as a condition of release, the police requested Mr. Al-
Dadoubi to sign a document committing him not to write to any international
organization regarding the IPP4 Project and AES Levant Holding BV Jordan PSC.
A related communication was sent to the Government of Jordan on 16 February
2016, see above, case no. JOR 2/2016.
03/04/2016
A /H
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7 8
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
18/02/2016
JUA
BDI 3/2016
Burundi
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Allégations de disparition forcée d’une femme défenseur des droits de l’homme.
Selon les informations reçues, le 10 décembre 2015, Mme Marie-Claudette
Kwizera aurait été enlevée à Bujumbura. Elle aurait été forcée à monter dans un
véhicule de type Hilux. Il s’agirait du même type de véhicule utilisé par le Service
national de renseignement (SNR) burundais. Suite à cette disparition la famille de
Mme Kwizera aurait été forcée à payer une rançon à un membre SNR sans que
Mme Kwizera ne soit libérée par la suite. La famille de Mme Kwizera aurait subi
des pressions et, par crainte de représailles, n’aurait pas déposé de plainte formelle
auprès des autorités burundaises. Aucune information sur la localisation de Mme
Kwizera n’aurait pu être obtenue depuis le 10 décembre et rien n’aurait été fait
jusqu’à présent par les autorités pour enquêter sur cette disparition forcée.
18/02/2016
JUA
IRN 4/2016
Iran (Islamic
Republic of)
Cultural Rights;
Freedom of
expression; Iran;
Torture;
Allegations concerning the arrest, detention and sentencing of two musicians and a
filmmaker for producing and distributing underground music. According to the
information received, on 5 October 2013, Mr. Mehdi Rajabian, Mr. Yousef Emadi
and Mr. Hossein Rajabian were arrested by the intelligence unit of the
Revolutionary Guard and detained in the northern city of Sari, including in solitary
confinement and without access to a lawyer. After 18 days, all three men appeared
before the 3rd Branch of the Revolutionary Court and were sent to Evin Prison,
Tehran, before being released after a period ranging between 40 days and two
months, upon payment of a bail of 200 million Tomans (approximately 6.625
USD). In May 2015, the three individuals appeared at their trial before Branch 28
of the Revolutionary Court, who sentenced them to six years in prison and fined
them 200 million Tomans for “insulting the sacred” and “propaganda against the
state” through the production and promotion of underground music. On 22
December 2015, the three men appeared before Branch 54 of the Tehran Appeals
Court, whose decision is expected shortly.
A /H
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/3 2
/5 3
7 9
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
19/02/2016
JAL
GTM 1/2016
Guatemala
Extreme poverty;
Food;
Carta enviada a las autoridades de Guatemala con el fin de alentar a las nuevas
autoridades cumplir con cuarto sentencias del Juzgado de Niñez y Adolescencia
del Departamento de Zacapa del 2013, centrales al derecho a la alimentación en
Guatemala. Se alienta concluir a la brevedad posible los avances en la elaboración
y aprobación del Protocolo de actuación para el ejercicio del derecho humano a la
alimentación, en el marco del cumplimiento de estas sentencias.
19/02/2016
JUA
IRN 5/2016
Iran (Islamic
Republic of)
Freedom of
religion; Iran;
Alleged mass conviction of Baha’is for peaceful exercise of their right to freedom
of religion, expression and association. According to the information received, on 5
January 2016, Branch 2 of the Revolutionary Court in the city of Gorgan, Golestan
Province of Iran, sentenced 24 Iranian Baha’is (Shahnam Jazbani, 48 years old;
Sheida Ghoddousi, 47 years old; Farahnaz Tebyanian, 48 years old; Pouneh
Sanaie, 43 years old; Parisa Shahidi, 46 years old; Mona Amri, 32 years old;
Mojdeh Zohouri Golkenari, 43 years old; Behnam Hasani, 42 years old; Hona
Aghighian, 53 years old; Hona Koushk-Baghi, 37 years old; Bita Hedayati, 45
years old; Vesagh Sanaie, 39 years old; Shohreh Samimi, 41 years old; Tina
Mowhebati, 21 years old; Parivash Shojaie, 37 years old; Roufia Pakzadan, 27
years old; Nazi Tahghighi Hesari, 50 years old; Soudabeh Mehdinejad Behnamiri,
42 years old; Mitra Nouri, 55 years old; Shiva Rowhani, 45 years old; Navid
Moallem, 47 years old; Houshmand Dehghan, 46 years old; Karmilia Bidelian, 42
years old; Maryam Dehghan, 60 years old) to lengthy prison sentences, ranging
from 6 to 11 years. The Revolutionary Court reportedly convicted them for
violating the country’s national security laws, especially articles 498, 499, 500 and
508 of the Islamic Penal Code. Concern is expressed that the arrest, detention and
sentencing of the 24 aforementioned Baha’is may be solely related to the peaceful
exercise of their right to freedom of religion, expression and association.
A /H
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
19/02/2016
JUA
LSO 1/2016
Lesotho
Independence of
judges and
lawyers; Summary
executions;
Torture;
Alleged arbitrary arrest of, charges and serious threats against a lawyer
representing members of the Lesotho Defence Force accused of plotting a mutiny.
According to the information received, Mr. Kgotso Nthontho, a prominent lawyer
representing three members of the Lesotho Defence Force (LDF) accused of
plotting a mutiny, was arrested on 12 February 2016. The charges against him
reportedly relate to alleged perjury and appear to be directly related to his efforts in
challenging the detention of his clients. Mr. Nthontho was released on the same
day after the High Court had ordered his immediate and unconditional release. Mr.
Nthontho had previously been directly threatened in court by members of the LDF;
he had also been followed and monitored and his name, together with the names of
other lawyers representing soldiers detained on mutiny charges, had appeared on a
‘hit list’ circulated on social media back in November 2015. His arrest took place
in a context of increasing threats and attacks against the independence of the
judiciary and lawyers, and decline of the rule of law in Lesotho following the arrest
and detention of a number of LDF soldiers and the killing of the former
Commander of the LDF, which were the subject of a previous communication sent
on 30 November 2015, see A/HRC/31/79, case no. LSO 1/2015.
19/02/2016
JAL
TJK 1/2016
Tajikistan
Health; Privacy;
Torture;
Alleged restrictions to the right to be free from degrading treatment, and the rights
to health and privacy in connection with amendments to the “Family Code of the
Republic of Tajikistan” and the “Law on State Registration of Acts of Civil
Status”. According to the information received, the amendments will require
couples to undergo a mandatory medical examination, including HIV testing, prior
to registering their marriage. The test results will reportedly be disclosed to both
partners. Concern is expressed that the amendments, if applied without respecting
consent, confidentiality and necessity requirements, may amount to degrading
treatment. Such amendments could also seriously infringe upon the right to the
highest attainable standard of physical and mental health and the right to privacy as
they undermine informed consent and confidentiality, and could potentially lead to
the discrimination of persons living with HIV/AIDS based on their health status.
A /H
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/3 2
/5 3
8 1
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
23/02/2016
JAL
EGY 3/2016
Egypt
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Torture;
Alleged attempt to arbitrarily close a human rights organization in violation of the
rights to freedom of association and freedom of expression. According to the
information received, on 17 February 2016, an “administrative closing order” was
issued to the Nadeem Center for the Rehabilitation of Victims of Violence and
Torture, which provides support for victims of torture and their families. The
closure of the organization has been suspended until after a meeting between
representatives of the organization and the Ministry of Health, scheduled for 22
February 2016, after which the Nadeem Center may be closed immediately.
Serious concern is expressed at the reason for the closure of the organization,
namely its human rights work and the exercise of the rights to freedom of
association and freedom of expression. Further concern is expressed at the use of
NGO Law (84/2002) to restrict civil society space. NGO Law (84/2002) was the
subject of five previous communications sent on 17 November 2011, see
A/HRC/19/44, case no. EGY 12/2011; 12 February 2013, see A/HRC/23/51, case
no. EGY 4/2013; 20 March 2013, see A/HRC/24/21, case no. EGY 5/2013; 29
August 2014, see A/HRC/28/85, case no. EGY 11/2014; and 12 June 2015, see
A/HRC/31/79, case no. EGY 10/2015.
23/02/2016
AL
OTH 14/2016
Other
Freedom of
peaceful assembly
and of association;
Letter expressing concerns about Financial Action Task Force’s Recommendation
8 on combating the abuse of non-profit organizations. Recommendation 8
characterizes non-profit organizations as “particularly vulnerable”, a notion that
has sometimes been used by States to justify restrictive measures or overregulation
applied to the civil society sector. The Special Rapporteur urges the Financial
Action Task Force, an intergovernmental body tasked with developing policies to
combat money laundering, to consider launching a consultative revision process of
Recommendation 8 so that it better reflects approaches to anti-money laundering
and counter-terrorism that comply with international human rights standards.
23/03/2016
A /H
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/3 2
/5 3
8 2
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
24/02/2016
JUA
PAK 5/2016
Pakistan
Human rights
defenders;
Independence of
judges and
lawyers; Summary
executions;
Alleged serious threats to kill a lawyer and human rights defender as a result of her
legitimate human rights work. According to the information received, on 3
February 2016, while in Sri Lanka, Ms. Asma Jahangir, a prominent lawyer and
human rights defender, was advised not to return to Pakistan as she received
credible information that “Daesh” had planned an attack against her. Despite
promises by government officials that her security and that of her family would be
increased, such increase in protection has not happened at this stage. Ms. Jahangir
was the subject of five previous communications sent on 15 June 2012,
A/HRC/22/47/Add.4, case no. PAK 8/2012; 24 January 2011,
A/HRC/19/55/Add.2, case no. PAK 1/2011; 16 November 2007,
A/HRC/7/28/Add.1, case no. PAK 16/2007; 30 January 2006, A/HRC/4/37/Add.1,
case no. PAK 2/2006; and 18 May 2005, see E/CN.4/2006/95/Add.1, case no. PAK
7/2005.
24/02/2016
JAL
VEN 2/2016
Venezuela
Human rights
defenders;
Independence of
judges and
lawyers; Summary
executions;
Presunto asesinato de un abogado y defensor de los derechos humanos. Según las
informaciones recibidas, el 22 de enero, el Sr. Héctor Sánchez Lozada, abogado y
defensor de los derechos humanos fue matado por dos personas en motocicleta,
saliendo de una visita con un cliente en la Ciudad de Maturín en el Estado de
Monagas. Se expresa preocupación por el presunto asesinato del Sr. Lozada que
podría estar directamente relacionado con el desempeño de sus funciones de
abogado y su trabajo en defensa de los derechos humanos.
25/02/2016
AL
DEU 1/2016
Germany
Hazardous
substances and
wastes;
Letter in follow-up to the official country visit of the Special Rapporteur on the
implications for human rights of the environmentally sound management and
disposal of hazardous substances and wastes to Germany from 30 November to 7
December 2015. The letter contains a submission to the process of developing the
German National Action Plan on Business and Human Rights currently being
drafted under the auspices of the Federal Foreign Office. Concern is raised that on-
going challenges exist in relation to chemicals management. German businesses
are encouraged to emerge as leaders in the transition to safer chemicals and the
Government is encouraged to enable this shift by creating incentives and
frameworks for businesses to foster a positive human rights record.
29/02/2016
12/04/2016
A /H
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/5 3
8 3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/02/2016
JAL
NLD 1/2016
Netherlands
Adequate housing;
Extreme poverty;
Migrants;
Letter in follow-up to the response received from the Government of the
Netherlands on 9 July 2015 to a communication regarding the failure to provide
emergency assistance to homeless migrants in an irregular situation. The letter
argues that various forms of shelter provided to irregular migrants in the
Netherlands, elaborated in detail in the Government’s reply, still fail to prevent
them from becoming homeless. The letter sets out the Netherlands’ obligation
under regional and international human rights law to provide a minimum essential
level of the right to adequate housing as well as other related economic, social and
cultural rights for all, including irregular migrants on its territory. The above-
mentioned previous communication was sent to the Government of the Netherlands
on 12 December 2014, see A/HRC/29/50, case no. NLD 1/2014. For the response
of the Government of the Netherlands of 9 July 2015 to communication NLD
1/2014, see A/HRC/31/79.
25/02/2016
JAL
OTH 15/2016
Other
Freedom of
expression;
Human rights
defenders;
Alleged arbitrary withdrawal of journalistic accreditation of a journalist covering
United Nations affairs in New York. According to the information received, on 19
February 2016, Mr. Matthew Lee received a letter in which the United Nations
Under Secretary-General for Communications and Public Information informed
him of the Department of Public Information’s (DPI) decision to withdraw his
Resident Correspondent accreditation at the United Nations Office in New York in
favour of non-Resident Correspondent. Later that day, Mr. Lee was escorted from
the United Nations premises after his current credential was annulled. The
annulment of Mr. Lee’s accreditation was, according to the letter received, based
on an incident that occurred on 29 January 2016, during the United Nations
Correspondents Association Annual General Meeting, which DPI allegedly
determined was in violation of the United Nations Media Guidelines. On that date,
Mr. Lee’s allegedly tried to cover a meeting in the United Nations Press Briefing
Room, which he left after being informed by United Nations security of its
restricted nature. Allegedly, no information was requested from Mr. Lee nor was
any other written communication sent to him on this incident, until the receipt of
the letter on 19 February.
A /H
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8 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/02/2016
JUA
PAK 4/2016
Pakistan
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Terrorism;
Alleged arbitrary arrest, detention and charging of a human rights defender.
According to the information received, on 16 January 2016, Mr. Saeed Baloch,
board member of International Network for Economic, Social and Cultural Rights,
secretary general of the Pakistan Fisherfolk Forum (PFF) and Muttahida Labour
Federation and Fishermen’s Cooperative Society (FCS), was summoned for
questioning by members of the Rangers, Pakistan’s Paramilitary police force, to
Keamari station. On 26 January 2016, he was presented before the Sindh High
Court and accused of financially assisting an individual involved in organized
crime, and of embezzling fisheries’ funds. The court placed Mr. Baloch under three
month of preventative detention under the Anti-Terrorism Act 1997. The Rangers
stated he was arrested on 25 January 2016, however, on 19 January 2016 his family
petitioned the Rangers to allow them to visit him, which was denied.
25/02/2016
JAL
RUS 2/2016
Russian
Federation
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Alleged liquidation of a human rights non-governmental organization. According
to the information received, on 10 February 2016, the Supreme Court of the
Republic of Tatarstan approved the Ministry of Justice’s request for the liquidation
of Agora, a prominent non-governmental organization, following a series of
investigations in 2015 in relation to the work of the organization. The Ministry
accused Agora of, inter alia, conducting political actions with a view to
“influencing public opinion”, of publishing critical documents without indicating
that their author had been labelled a “foreign agent” organization, and of
undertaking efforts to be excluded from the registry of “foreign agents”. The
adoption and application of the Law on Introducing Amendments to Legislative
Acts of the Russian Federation in Part Regulating Activities of Non-commercial
Organizations which Carry Functions of Foreign Agents was the subject of six
previous communications sent on 11 July 2012, see A/HRC/22/67, case no. RUS
5/2012; 13 June 2013, see A/HRC/25/74, case no. RUS 3/2013; 18 December
2013, see A/HRC/26/21, case no. RUS 13/2013; 20 June 2014, see A/HRC/28/85,
case no. RUS 5/2014; 14 November 2014, see A/HRC/28/85, case no. RUS
9/2014; and 7 August 2015, see A/HRC/31/79, case no. RUS 4/2015.
A /H
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8 5
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/02/2016
JUA
THA 9/2015
Thailand
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Health; Human
rights defenders;
Independence of
judges and
lawyers;
Alleged charges, detention and/or convictions of 26 persons in relation to lèse-
majesté offences, for having exercised their right to freedom of opinion and
expression. According to the information received, between May 2010 and August
2015, 26 persons were arrested, detained and/or convicted under article 112 of the
Thai Criminal Code (also known as the lèse-majesté law) and section 14 of the
Computer Crime Act. The 26 persons concerned are: Mr. Opas Chamsuksai, Mr.
Thiansutham Sutthijittaseranee, Mr. Hasadin Uraipaiwan, Mr. Wittaya Wongpoe,
Mr. Samak Pantae, Mr. Phongsak Sribunpeng, Ms. Sasiwimol Patomwongfa-
ngarm, Mr. Siraphob Kornaroot, Mr. Juesong Sae-kow, Mr. Nguenkhun
Udonkunakorn, Ms. Anchan Preelert, Mr. Prajakchai Chumkam, Ms. Jaruwan
Eiampong, Mr. Anon Masin, Mr. Chartchai Maneerat, Mr. Ekkachai
Hongkangwan, Mr. Yossawaris Chuklom, Mr. Prasit Chaisrisa, Mr. Patiwat
Saraiyaem, Ms. Porntip Munkhong, Mr. Udomsak Wattanaworachaiwathin, Mr.
Chaleaw Chankiat, Mr. Piya Jullakittipan, Mr. Tanapon Bumrungsuk, Mr. Jaran
Ditapichai, and Mr. Sombat Boonngam-anong. Fifteen of these persons were tried
by military courts, despite being civilians. The above-mentioned persons were
charged under article 112 of the Thai Criminal Code and section 14 of the
Computer Crime Act, inter alia, for expressing opinions either in private or public
spaces, including online. Concerns relate to the inconformity of the application of
these provisions with article 19 of the ICCPR, not meeting the strict tests of
necessity and proportionality. Concern is expressed at the “chilling effect” such
convictions may have on the enjoyment of the right to freedom of opinion and
expression in Thailand and at the continued restrictions on fundamental rights
particularly affecting political opponents in Thailand following the military coup of
22 May 2014. A previous related communication concerning allegations related to
charges against, detention and/or conviction of 21 persons under the lèse-majesté
law was sent on 8 December 2014, see A/HRC/29/50, case no. THA 13/2014.
29/02/2016
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8 6
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/02/2016
JAL
THA 1/2016
Thailand
Business
enterprises;
Migrants; Slavery;
Trafficking;
Alleged human rights violations of migrant workers, who are working within
poultry supply chains in Thailand. According to the information received, migrant
workers are exposed to extreme exploitation and slavery like conditions whilst
working in poultry processing sites. Human rights violations, including economic
exploitation; debt bondage; physical and verbal abuse; arbitrary manipulation of
salaries; a lack of social security and health protection; unsafe working conditions;
discrimination; and restrictions on workers’ freedom of movement, are alleged to
be perpetrated by recruitment intermediaries, employers and in certain cases local
police.
26/02/2016
26/02/2016
JAL
BDI 4/2016
Burundi
Albinism;
Violence against
women;
Allégations d’enlèvement, assassinat et amputation d’une jeune fille atteinte
d’albinisme au Burundi. Selon les informations reçues, le 17 février 2016, une
enfant, âgée de 4 ans et atteinte albinisme, a été enlevée, assassinée, puis amputée
d’un bras. Il est probable que l’agression ait été perpétrée dans le but de découper
des parties du corps de la victime afin de les utiliser, ou de les vendre en vue de
leur utilisation dans le cadre de rituels de sorcellerie.
A /H
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8 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
26/02/2016
JAL
GTM 2/2016
Guatemala
Disappearances;
Discrimination
against women;
Human rights
defenders;
Independence of
judges and
lawyers;
Indigenous
peoples; Slavery;
Summary
executions;
Torture; Truth,
justice, reparation
& guarantees on
non-rec; Violence
against women;
Comunicación relativa al desarrollo de tres procesos judiciales sobre violaciones
manifiestas de las normas internacionales de derechos humanos y violaciones
graves del derecho internacional humanitario, ocurridas durante el período del
conflicto armado interno en Guatemala. Según las informaciones recibidas,
procedimientos judiciales habrían iniciado en tres causas conocidas por los
nombres de CREOMPAZ; Molina Theissen; y Sepur Zarco. Dieciocho militares en
situación de retiro habrían sido objeto de órdenes de captura y habrían sido
acusados de varios delitos incluyendo delitos de lesa humanidad, masacres,
desaparición forzada, incluso en el caso de un niño, Marco Antonio Molina
Theissen, así como la esclavitud sexual y laboral de mujeres q’eqchíes que vivían
en la comunidad de Sepur Zarco, donde estaba ubicada una base militar durante la
época del conflicto armado interno. En el contexto de estos procesos judiciales, se
reportan un creciente número de mensajes y actos intimidatorios, incluyendo de
grupos ligados a los militares acusados, que buscarían desacreditar y presionar a
las víctimas y a quienes les apoyan en este proceso. Esta comunicación se refiere a
comunicaciones anteriores enviadas el 22 de diciembre de 2014, ver A/HRC/29/50,
caso no. GTM 8/2014; 18 de agosto de 2014, ver A/HRC/28/85, caso no. GTM
5/2014; el 2 de mayo 2014, ver A/HRC/27/72, caso no. GTM 4/2014; el 30 de
octubre 2013, ver A/HRC/25/74, caso no. GTM 9/2013; el 17 de mayo 2013, ver
A/HRC/24/21, caso, no. GTM 5/2013; y el 15 de marzo 2013, ver A/HRC/24/21,
caso no. GTM 2/2013.
A /H
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8 8
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
26/02/2016
JUA
ISR 2/2016
Israel
Health; OPT;
Torture;
Alleged arbitrary arrest and detention, and subsequent torture and ill-treatment, of
a Palestinian journalist working for the satellite channel Al-Majd. According to
information received, on 21 November 2015 Mr. Mohammed Al-Qiq was arrested
at his home and transferred to a series of detention centres. It is alleged that he was
tortured during the initial weeks of his detention. On 25 November, Mr. Al-Qiq
began a hunger strike to protest the arbitrary nature and conditions of his detention
and it is reported that his health has steadily deteriorated since then. He is currently
being held on a six month administrative detention order issued by Ofer Military
Court and has not been formally charged. On 4 February 2016, the Israeli High
Court of Justice decided to suspend the administrative detention order given his
deteriorating health, however the Court did not rule on the validity of his
administrative detention. In addition, the Court specified that the order would be
re-instated when Mr. Al-Qiq’s health improved. In response, Mr. Al-Qiq rejected
the Israeli Court’s decision to suspend his detention without trial and has continued
his hunger strike.
A /H
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/5 3
8 9
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
29/02/2016
UA
AUS 2/2016
Australia
Indigenous
peoples;
Allegations that the proposed Carmichael Coal Mine by Adani Mining in the
Galilee Basin, Queensland, would threaten the ancestral lands, sacred sites and
cultural identity of the Wangan and Jagalingou peoples. According to the
information received, the extensive coal extraction plant, waste rock dumps and
associated infrastructure would have significant negative impact on the land and
that the mines would allegedly require 12 billion litres of water per year, thus
affecting the Carmichael River and the sacred Doongmabulla Springs. The
Wangan and Jagalingou peoples’ relationship to their ancestral land and water is
central to their culture and self-identity. The environmental destruction caused by
the mine would permanently rupture their relationship with their ancestral land and
water, deny their ability to transfer spiritual ties to their children and destroy their
culture beyond repair. The Wangan and Jagalingou people have faced intense
governmental and corporate pressure in relation to development of the mine.
Concerns have been raised over the failure by the National Native Title Tribunal
and the State and Federal government to ensure the free and informed consent prior
of the aboriginal community, who have a pending Native Title land claim on the
area since 2004.
01/04/2016
A /H
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/3 2
/5 3
9 0
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
29/02/2016
JAL
MYS 1/2016
Malaysia
Adequate housing;
Business
enterprises;
Cultural Rights;
Environment;
Food; Health;
Indigenous
peoples;
Alleged human rights violations associated with the Don Sahong dam development
project of the lower Mekong River in the territory of Lao People’s Democratic
Republic, 2 kilometres from the Laos-Cambodia border. According to the
information received, the dam construction, operated by a Malaysian developer,
Mega First, is likely to adversely affect approximately 29.7 million people residing
both upstream and downstream from the Mekong dam in Lao PDR, Cambodia,
Thailand and Vietnam. Despite the anticipated risks, it is alleged that the project is
proceeding without adequate environmental and human rights impact assessment
and in the absence of meaningful consultation with the concerned population while
posing a considerable threat to the livelihoods of people living in the area,
particularly in relation to their right to an adequate standard of living, including the
rights to adequate food and housing, the right to the highest attainable standard of
physical and mental health, cultural rights, the rights to information and
participation, as well as the rights of indigenous peoples. A related communication
was sent to the Government of Lao People’s Democratic Republic on 16 February
2016, see above, case no. LAO 1/2016, as well as to Mega First Corporation
Berhad and the Mekong River Commission on 29 February 2016, see below, case
nos. OTH 12/2016 and 13/2016.
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
29/02/2016
JAL
OTH 12/2016
Other
Adequate housing;
Business
enterprises;
Cultural Rights;
Environment;
Food; Health;
Indigenous
peoples;
Alleged human rights violations associated with the Don Sahong dam development
project of the lower Mekong River in the territory of Lao People’s Democratic
Republic, 2 kilometres from the Laos-Cambodia border. According to the
information received, the dam construction, operated by a Malaysian developer,
Mega First, is likely to adversely affect approximately 29.7 million people residing
both upstream and downstream from the Mekong dam in Lao PDR, Cambodia,
Thailand and Vietnam. Despite the anticipated risks, it is alleged that the project is
proceeding without adequate environmental and human rights impact assessment
and in the absence of meaningful consultation with the concerned population while
posing a considerable threat to the livelihoods of people living in the area,
particularly in relation to their right to an adequate standard of living, including the
rights to adequate food and housing, the right to the highest attainable standard of
physical and mental health, cultural rights, the rights to information and
participation, as well as the rights of indigenous peoples. Related communications
were sent to the Governments of Lao People’s Democratic Republic and Malaysia
on 16 and 29 February 2016, respectively, see above, case nos. LAO 1/2016 and
MYS 1/2016, as well as to Mekong River Commission, see below, case no. OTH
13/2016.
A /H
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9 2
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
29/02/2016
JAL
OTH 13/2016
Other
Adequate housing;
Business
enterprises;
Cultural Rights;
Environment;
Food; Health;
Indigenous
peoples;
Alleged human rights violations associated with the Don Sahong dam development
project of the lower Mekong River in the territory of Lao People’s Democratic
Republic, 2 kilometres from the Laos-Cambodia border. According to the
information received, the dam construction, operated by a Malaysian developer,
Mega First, is likely to adversely affect approximately 29.7 million people residing
both upstream and downstream from the Mekong dam in Lao PDR, Cambodia,
Thailand and Vietnam. Despite the anticipated risks, it is alleged that the project is
proceeding without adequate environmental and human rights impact assessment
and in the absence of meaningful consultation with the concerned population while
posing a considerable threat to the livelihoods of people living in the area,
particularly in relation to their right to an adequate standard of living, including the
rights to adequate food and housing, the right to the highest standard of physical
and mental health, cultural rights, the rights to information and participation, as
well as the rights of indigenous peoples. Related communications were sent to the
Governments of Lao People’s Democratic Republic and Malaysia on 16 and 29
February 2016, respectively, see above, case nos. LAO 1/2016 and MYS 1/2016,
as well as to Mega First Corporation Berhad, see above, case no. OTH 12/2016.
A /H
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B. Replies received between 1 February and 30 April 2016 relating to communications sent before 1
December 2015
11. The table below lists, in chronological order, communications dating before 1 December 2015 to which a reply or an
additional reply has been received in the period between 1 February and 30 April 2016. 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. Government replies to cases COL 2/2014, MEX 3/2014, and ISR 1/2015 were omitted in the previous report
A/HRC/31/79 due to technical problems and are now included
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/01/2014
JUA
COL 2/2014
Colombia
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Internally
displaced
persons;
Summary
executions;
Presunto patrón de asesinatos, ataques, y amenazas de muerte y allanamientos,
perpetrados por grupos armados ilegales en contra de defensores de derechos humanos
trabajando en conexión con el proceso de restitución de tierras en el país. Según la
información recibida, los Sres. Hermes Enrique Vidal Osorio, Ever Cordero Oviedo y
Giraldo Antonio Padilla Ortega habrían sido asesinados y el Sr. Bruno Federico habría
sufrido un ataque y actos de intimidación. Se expresa seria preocupación por las
alegaciones recibidas indicando que las violaciones en su contra pudieran estar
relacionadas con su trabajo en conexión con el proceso de restitución de tierras.
04/01/2016
27/02/2014
AL
TJK 2/2014
Tajikistan
Independence of
judges and
lawyers;
Alleged threat to the independence of the legal profession. According to the information
received, the draft law of the Republic of Tajikistan on the Advocacy and the Bar would
establish a Qualification Commission which would operate under the Ministry of Justice
and be responsible for regulating the legal profession. Concerns have been expressed
that the draft law, if passed in its current form, would leave the legal profession
vulnerable to interference from the executive branch of Government.
19/04/2016
A /H
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/5 3
9 4
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
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. L’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.
04/09/2014
07/12/2015
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
18/08/2014
JAL
MYS 5/2014
Malaysia
Environment;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Toxic waste;
Allegations of excessive use of force by the police against environmental and human
rights defenders, and local residents who were peacefully protesting against an
Australian private company. According to the information received, Lynas Corporation,
and its Lynas Advanced Materials Plant (LAMP) is a rare earth processing plant
currently being set up in Kuantan, Malaysia, that will potentially impose tons of toxic
waste on the local community. On 22 June 2014, around 1,000 environmental activists,
human rights defenders and local residents gathered to peacefully protest against the
Australian mining company, Lynas Corporation, at Jalan Bandaran in Gebeng, Malaysia.
Reportedly, after attempts to negotiate with the police, several protesters were beaten
and arrested. Two protesters were hospitalized and one sustained serious injuries to his
head. Fifteen Malaysian protesters were charged with, among others, unlawful assembly
and rioting: Wong Tack, leader of Himpunan Hijau Hijau, (Green Assembly), a
Malaysian environmentalist movement, and five of its members - Phua Kia Yeow, Ho
Kam Huat, Wong Chee Wai, Wong Chee Wen and Foong Poh Choo - and Chong Kong
Yeun, Raymond Ng Abdullah, Hew Kuan Yau, Thomas Wang, Ta Weng Seng, Rapar
Ahmad, Lee Khai Ming, Tan Chee Hooi and Zamri Zonal. Ms. Natalie Lowrey, an
Australian citizen, was also arrested and detained for six days, during which she was
denied access to basic necessities, including water, before being deported to Australia on
27 June 2014.
05/02/2016
01/10/2014
JUA
MYS 6/2014
Malaysia
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Independence of
judges and
lawyers;
Allegations of criminalization of the lawful exercise of the right to freedom of opinion
and expression, through application of the Sedition Act of 1948. According to the
information received, at least 23 persons, including elected Members of Parliament,
political activists, human rights defenders, academics, lawyers, students and journalists,
have been charged, detained and sentenced under the Sedition Act of 1948 for
expressing opinions and disseminating information through different channels, including
the internet and traditional media. It is reported that the Sedition Act of 1948 has been
increasingly used in recent months to prevent and criminalize democratic speech,
including criticism against the Government, its leaders and ruling political parties, as
well as to prevent discussions on religion and ethnicity issues.
14/10/2014
15/03/2016
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
23/12/2014
JAL
MYS 8/2014
Malaysia
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Independence of
judges and
lawyers;
Allegations related to the Sedition Act of 1948 and restrictions to the right to freedom of
opinion and expression. According to the information received, on the basis of the
Sedition Act of 1948 (the Act), law enforcement institutions enjoy unfettered discretion
to arrest and charge individuals who are merely exercising their right to freedom of
opinion and expression, as set forth in article 19 of the Universal Declaration of Human
Rights. Reportedly, the Prime Minister of Malaysia made a statement on 27 November
2014 expressing the Government’s intention not only to retain, but also to strengthen, the
Act. It is also reported that since Special Rapporteurs’ last communicated with the
Government on the issue, there have been new cases of persons detained and charged
under the Act for acts related to the legitimate exercise of their rights to freedom of
opinion and expression. This communication is sent in follow-up to the response
received from the Government of Malaysia to the press release issued on 8 October
2014, following the communication sent on 1 October 2014, see A/HRC/28/85, case no.
MYS 6/2014.
15/03/2016
16/01/2015
JUA
IRN 1/2015
Iran (Islamic
Republic of)
Arbitrary
detention;
Freedom of
expression;
Human rights
defenders;
Independence of
judges and
lawyers; Iran;
Torture;
Alleged arbitrary arrest and detention of an Iranian woman for a drawing she created
protesting the banning of vasectomies and family planning. According to the information
received, on 10 January 2015, Ms. Atena Farghdani, a graphic arts student, was
summoned to Branch 15 of the Revolutionary Court, where she was arrested and
subsequently beaten in front of her parents. Upon Ms. Farghdani’s protest, she was taken
to a court room, where she was insulted and beaten again, this time allegedly in front of
a judge. She was then taken to Varamin prison, where she is currently being held. She
has been accused of propaganda against the system; acts against national security; and
insulting Members of Parliament. These accusations reportedly stem from a drawing she
created, protesting the banning of vasectomies and family planning. Concern is
expressed at the arrest and detention of Ms. Farghdani, and the physical abuse which
occurred inside a courtroom in the presence of authorities.
16/03/2016
A /H
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/5 3
9 7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/02/2015
AL
TJK 1/2015
Tajikistan
Independence of
judges and
lawyers;
Alleged threat to the independence of the legal profession. According to the information
received, a draft law on Advocacy and the Bar has passed the Lower House of
Parliament in Tajikistan. The draft law establishes a Qualification Commission as the
body responsible for regulating entry into the legal profession, disbarment, and issuing
licenses to practice law. The draft law provides that the Qualification Commission would
operate under the purview of the Ministry of Justice, leaving lawyers vulnerable to
interference from the Executive Branch of Government. The draft law on Advocacy and
the Bar was the subject of a previous communication sent on 27 February 2014, see
A/HRC/26/21, case no. TJK 2/2014.
16/04/2015
19/04/2016
12/02/2015
JUA
IRN 3/2015
Iran (Islamic
Republic of)
Iran; Summary
executions;
Torture;
Alleged imminent risk of execution of a juvenile offender in the Islamic Republic of
Iran. According to the information received, Mr. Saman Naseem was sentenced to death
in April 2013 by a criminal Court in Mahabad for Moharebeh (“enmity against God”)
and Ifsad fil-Arz (“corruption on earth”) in relation to his alleged involvement in an
armed confrontation between Revolutionary Guards and the Party for Free Life of
Kurdistan (PJAK) in Sardasht in 2011. The Supreme Court reportedly upheld the
sentence in December 2013. The Oroumieh Central Prison, where Mr. Naseem is
currently being held, has reportedly received clearance from the Judiciary’s
implementation division to carry out his execution on 19 February 2015. Mr. Naseem’s
lawyer has allegedly been prevented from reviewing the case file for information about
the impending execution and pursuing the case. Grave concern is expressed at the
imminent execution of Mr. Naseem, who at the time of the alleged crime is believed to
have been less than 18 years old, which would render his execution a violation of
international human rights law. Mr. Naseem was the subject of a previous
communication sent on 14 October 2014, see A/HRC/28/85, case no. IRN 23/2014.
16/06/2015
04/03/2016
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Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
13/02/2015
JAL
ESP 4/2015
Spain
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Migrants;
Alegaciones relativas a las disposiciones del Proyecto de Ley Orgánica de Protección de
la Seguridad Ciudadana (PLOPSC), las cuales contradecirían normas y estándares
internacionales en materia de derechos humanos. Según las informaciones recibidas, el
11 de diciembre de 2014, se habría aprobado el PLOPSC en el Pleno del Congreso de los
Diputados y sería inminente su aprobación en ley por el Senado. El nuevo texto
mantendría e incorporaría en proyecto de ley una serie de supuestos y disposiciones que
limitarían de forma desproporcionada e innecesaria el ejercicio de los derechos a las
libertades de expresión, opinión y reunión pacífica y presupondrían la posibilidad de
realizar expulsiones “en caliente” en Melilla y Ceuta. El anteproyecto de Ley Orgánica
de Protección de la Seguridad Ciudadana fue objeto de dos comunicaciones previas, el 5
de febrero de 2015, ver arriba, caso no. ESP 1/2015, y el 30 de diciembre de 2013, ver
referencia no. A/HRC/26/21, caso no. ESP 7/2013.
03/03/2016
19/03/2015
04/05/2015
JAL
MAR 2/2015
Maroc
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Allégations de diverses restrictions au droit de réunion pacifique et à la liberté
d’association d’une organisation de défense des droits de l’homme. Selon les
informations reçues, depuis le mois de juillet 2014, l’Association marocaine des droits
de l’homme (AMDH) fait l’objet de diverses restrictions quant à son droit de tenir des
réunions pacifiques pour la protection et promotion des droits de l’homme. Il est
également rapporté que l’administration a refusé de réceptionner des documents, ou de
délivrer à diverses sections de l’association le récépissé confirmant leur notification de la
composition d’un nouveau comité directeur ou de nouveaux statuts, tel que prévu par la
législation nationale.
28/08/2015
16/03/2016
A /H
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9 9
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
12/05/2015
JAL
IRN 4/2015
Iran (Islamic
Republic of)
Freedom of
peaceful
assembly and of
association;
Freedom of
religion; Iran;
Minority issues;
Alleged mass arrest and harassment of Ahwazi Arab minorities in Khuzestan Province.
According to the information received, on 14 March 2015, Mr. X, an Ahwazi Arab,
reportedly set himself on fire in response to repeated harassment from local authorities
regarding licensure of his produce stand. Mr. X reportedly later died as a result of
inadequate medical attention to his burns. In response, protests were held in several
Arab-majority cities. On 17 March 2015, about one thousand protestors were reportedly
detained in Ahwaz and released only after signing a pledge. Several protestors remain
incarcerated with criminal charges pending against them. Following Mr. X’s death, his
family has reportedly been harassed by authorities. From mid-March to April 2015, up to
one hundred Ahwazi Arabs, including activists and several minors, were arrested
without warrants by armed masked men following peaceful protests leading up to the
tenth anniversary of the 15 April 2005 Ahwazi uprising.
04/03/2016
19/05/2015
JUA
IRN 5/2015
Iran (Islamic
Republic of)
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Health; Human
rights
defenders;
Independence of
judges and
lawyers; Iran;
Alleged arbitrary arrest, detention and unfair trial of a human rights defender. According
to the information received, on 5 May 2015, Ms. Narges Mohammadi, the Deputy
Director and Spokeswoman for the Centre for Human Rights Defenders (CHRD) and
founder of the civil society group “Step by step to stop the death penalty” (LEGAM),
was arrested at her home by intelligence ministry agents that stated that she was being
taken into custody in order to serve the remainder of her six-year prison sentence that
she received on 22 April 2012. She was provisionally released on 31 July 2012 for
medical reasons linked to the medical treatment she received in prison. Two days prior
to Ms. Mohammadi’s arrest, she appeared before Branch 15 of the Revolutionary Court
in Tehran for her first session of trial where she faces new charges, including
“propaganda against the state”, “assembly and collusion against the state” and
“establishing the anti-security and illegal Step by Step to Stop Death Penalty” group.
The defence team was unable to review the case file prior to the trial. Ms. Mohammadi
has been the subject of several previous communications sent on 23 June 2010, see
A/HRC/16/44/Add.1, paras. 1220 - 1225, 11 October 2011, see A/HRC/19/44, case no.
IRN 13/2011, and 27 March 2012, see A/HRC/21/49, case no. IRN 5/2012.
16/03/2016
A /H
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1 0
0 Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
02/06/2015
JUA
IRN 7/2015
Iran (Islamic
Republic of)
Disappearances;
Independence of
judges and
lawyers; Iran;
Summary
executions;
Torture;
Alleged imminent execution of two juvenile offenders after trials that did not meet due
process and fair trial guarantees. According to the information received, on 18 March
2015, Mr. Saman Naseem, whose death sentence was upheld by the Supreme Court in
December 2013 and who was scheduled for execution on 19 February 2015, was
transferred from Oroumieh prison to an unknown location. In March 2015, the
authorities informed Mr. Naseem’s lawyer that his execution had not been carried out. In
2009, in another case, Mr. Hamid Ahmadi was reportedly sentenced to death. However,
the Supreme Court overturned his sentence and sent the case back to the Appeals Court
for re-trial. In March 2010, the Appeals Court in Gilan Province re-sentenced Mr.
Ahmadi to death, a decision which was upheld by the Supreme Court in November 2010.
Mr. Ahmadi’s application for judicial review is currently pending before the Supreme
Court. Mr. Naseem was the subject of two previous communications dated 14 October
2014, see A/HRC/28/85, case no. IRN 23/2014, and 12 February 2015, see
A/HRC/29/50, case no. IRN 3/2015.
04/03/2016
04/06/2015
JUA
IRN 6/2015
Iran (Islamic
Republic of)
Arbitrary
detention;
Freedom of
expression;
Human rights
defenders;
Independence of
judges and
lawyers; Iran;
Torture;
Alleged arbitrary arrest and detention, prolonged solitary confinement and unfair trial of
an artist and two journalists. According to the information received, on 26 February
2015, Ms. Atena Farghadani, a graphic arts student who had been detained in Gharchak
prison since August 2014, was taken to hospital after suffering a heart attack. After
release from hospital, Ms. Farghadani was reportedly taken to Evin prison where she is
being held in solitary confinement. On 19 May 2015 her trial commenced on charges of,
inter alia, “spreading propaganda against the system”, and “insulting the Supreme
Leader”, and on 1 June 2015, she was reportedly sentenced to 12 years and nine months
in prison. It is reported that her lawyer was not allowed to review her case file. On 22
July 2014, Mr. Jason Rezaian, an American-Iranian journalist, was arrested together with
his wife, Ms. Yeganeh Salehi, also a journalist. Ms. Salehi was released on bail in
October 2014. In April 2015, Mr. Rezaian was formally charged with espionage. Mr.
Rezaian’s and Ms. Salehi’s trial started on 26 May 2015. During his detention, Mr.
Rezaian spent a number of months in solitary confinement, during which he was
interrogated repeatedly. Ms. Farghadani and Mr. Rezaian were the subject of two
previous communications sent on 6 August 2014, see A/HRC/28/85, case no. IRN
16/2014, and on 16 January 2015, see A/HRC/29/50, case no. IRN 1/2015.
04/03/2016
16/03/2016
A /H
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1
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/06/2015
JUA
KOR 2/2015
Republic of
Korea
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Alleged excessive use of force against and detention of protestors and human rights
activists during peaceful protests commemorating the Sewol ferry accident and during
the Labour Day march. According to the information received, on 11 April 2015, Mr.
Hyun-sik Kim and Mr. Hyung-jae Ham, both members of the People’s Committee for
the Sewol Ferry tragedy, were arrested following their participation in a peaceful protest
that called for an independent investigation into the Sewol ferry accident. On 16 and 18
April 2015, protests were held in Seou to mark the one-year anniversary of the Sewol
ferry accident. The police reportedly used water cannons containing pepper spray and
tear gas to control the crowds and arrested 79 protestors, including Mr. Jang-hee Kwon
and Mr. Kwang-chul Kang. On 1 and 2 May 2015 at 3 p.m., the Korean Confederation
of Trade Unions organized a Labour Day March, which was joined by Sewol families
and members of the Coalition on the Sewol Ferry Disaster in solidarity with the workers.
It is reported that approximately forty people were arrested, including Mr. Gil-soo Ahn
and Mr. Gi-ho Lee. To date, Mr. Hyung-jae Ham, Mr. Hyun-sik Kim, Mr. Jang-hee
Kwon, Mr. Kwang-chul Kang, Mr. Gil-soo Ahn, and Mr. Gi-ho Lee remain in detention.
01/02/2016
A /H
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1 0
2 Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
24/06/2015
JUA
IRN 9/2015
Iran (Islamic
Republic of)
Freedom of
expression;
Health; Human
rights
defenders;
Independence of
judges and
lawyers; Iran;
Torture;
Allegations concerning the arrest, detention, ill-treatment and sentencing of a civil rights
activist and a journalist after unfair trials. According to the information received, on 21
October 2014, Ms. Atena Daemi was arrested and detained in Evin Prison. She was
reportedly held in solitary confinement for 58 days under degrading conditions, and
without access to a lawyer. While in detention, she was subjected to extensive
interrogations and ill-treatment. On 12 May 2015, Ms. Daemi was sentenced to 14 years
in prison by Branch 28 of the Revolutionary Court of Tehran for inter alia “spreading
propaganda against the system” and “insulting the founder of the Islamic Republic of
Iran” based on her criticism on social media of the high number of executions in Iran and
other peaceful activities. While in prison, Ms. Daemi has reportedly developed health
problems but the authorities have to this date refused to grant her medical leave. On 10
May 2014, Mr. Seraj Mirdamadi was arrested and detained in Evin prison. He was held
in solitary confinement for six months. On 27 July 2014, Mr. Mirdamadi was sentenced
to six years in prison by Branch 15 of the Tehran Revolutionary Court for “propaganda
against the state” and “conspiracy against national security. On 29 October 2014, the
Appeal Court reduced his sentence to three years in prison and a two-year travel ban.
Despite having had critical health issues, Mr. Mirdamadi did not receive adequate
medical treatment for five months before he finally underwent surgery on 28 May 2015.
16/03/2016
07/07/2015
JUA
SGP 1/2015
Singapore
Freedom of
expression;
Health; Human
rights
defenders;
Torture;
Allegations concerning the prosecution, detention and sentencing of two bloggers, of
which one minor, in relation to the legitimate and peaceful exercise of their right to
freedom of opinion and expression. According to the information received, Mr. Roy
Ngerng Yi Ling, a blogger and human rights defender writing on issues of government
transparency and accountability, was charged for defamation following a blog critical of
the Prime Minister. It is reported that he may be ordered to pay more than 250,000 USD
in damages. Mr. Ngerng also lost his job at a hospital as a consequence of his blogs
critical of the Government. On 6 July 2015, in another case, a 16-year-old blogger was
sentenced to four weeks in prison, after being held in custody for more than 50 days, in
relation to a cartoon and video criticizing public figures he had posted on his blog on the
internet. It is reported that the 16-year-old was detained in Changi Remand Centre and
the Institute for Mental Health under conditions that amount to torture, including under a
regime akin to solitary confinement.
23/12/2015
24/03/2016
A /H
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1 0
3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
14/08/2015
AL
MUS 2/2015
Mauritius
Health;
Alleged retrogressive measures in Mauritius regarding long-term harm-reduced services
for people who use drugs. According to the information received, harm-reduction
services implemented since 2006 are being drastically reduced in terms of coverage and
accessibility, putting people who use drugs at unnecessary and avoidable risk of HIV and
blood-borne infections. Amendments include halting induction of new patients;
decreased hours of opioid substitution therapy (OST) distribution, new distribution
vehicles in front of police stations and mandatory provisions for non-governmental
organizations to disclose the identity of the programmes’ users. Measures have been
taken without consultation with expert stakeholders and have disregarded harm-
reduction services’ positive impact in decreasing HIV incidence, criminality rates and in
improving the physical and mental health of their users.
22/04/2016
18/08/2015
JAL
MYS 3/2015
Malaysia
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Alleged violations of the rights to freedom of expression and freedom of peaceful
assembly in Malaysia, including the blocking of the website “Sarawak Report” and
harassment of its journalists, as well as the suspension of two other news outlets and
arrest of peaceful protestors. According to the information received, on 19 July 2015, the
Malaysian Communication and Multimedia Commission allegedly blocked the “Sarawak
Report”, an independent news blog, after it had reportedly published documents alleging
a financial scandal involving the Malaysian Prime Minister and the State-owned
development firm “1Malaysia Development Berhad”. On 4 August 2015, Malaysian
authorities issued an arrest warrant for Ms. Clare Rewcastle-Brown, a British journalist
who is the founder and editor of the Sarawak Report, pursuant to sections 124B and 124I
of the Penal Code and are now reportedly pressing for Ms. Rewcastle-Brown to be
placed on Aseanapol and Interpol Red Notice Wanted Lists. Concern is expressed at the
use of the Sedition Act of 1948 to arrest, detain and charge human rights activists, for
exercising their rights to freedom of expression and freedom of peaceful assembly in
Malaysia.
30/03/2016
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4 Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/08/2015
JUA
PER 3/2015
Peru
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Summary
executions;
Presuntos actos de intimidación y amenazas de muerte contra una defensora de derechos
humanos, en relación con un proyecto minero. Según la información recibida, el 30 de
julio de 2015 un empleado de la empresa minera Yanacocha amenazó con “hacer
desaparecer” a la Sra. Máxima Acuña de Chaupe, defensora de derechos humanos,
miembro de la Asociación de Mujeres en Defensa de la Vida y de la Unión
Latinoamericana de Mujeres, y líder de un movimiento de oposición a un proyecto
minero en Sorochuco, Cajamarca. El 5 de agosto de 2015, un grupo de aproximadamente
30 policías y 50 comuneros se habría reunido en las inmediaciones de las tierras de la
Sra. Acuña de Chaupe a fin de intimidarla. La empresa minera Yanacocha habría situado
a varios empleados en el perímetro de sus tierras con el objeto de vigilar
permanentemente su domicilio. La defensora ha sido víctima de otros actos de
hostigamiento desde 2011, con el fin de intimidarla y desalojarla de sus tierras. La
empresa asegura que las tierras le pertenecen por un acuerdo de venta comunitario. La
Sra. Acuña de Chaupe fue objeto de una comunicación previa enviada el 20 de febrero
de 2014, véase A/HRC/26/21, caso no. PER 1/2014.
14/04/2016
A /H
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5
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
27/08/2015
JAL
PER 4/2015
Peru
Hazardous
substances and
wastes;
Indigenous
peoples;
Carta de seguimiento respecto a la aplicación de los acuerdos del Acta de Lima para la
reparación de las violaciones de los derechos humanos de los pueblos indígenas
afectados por la explotación petrolera del Lote 192 y al proceso de consulta llevado a
cabo para la nueva licitación en la zona. Según la información recibida, la ejecución por
parte del Gobierno del Perú de las medidas acordadas con las Federaciones indígenas
representantes de las comunidades indígenas del Lote 192, en el Departamento de
Loreto, para la reparación de las graves violaciones de derechos humanos, resultado de
44 años de explotación petrolera en los territorios indígenas, está siendo lenta, limitada y
no se han realizado las acciones previstas sobre los temas centrales de titulación de
tierras, estudios de salud y remediación ambiental de la grave situación en la zona. En
relación con el proceso de consulta a las comunidades afectadas acordado por el
Gobierno con las Federaciones indígenas, se alega que el Estado no ha tenido en cuenta
las propuestas presentadas por las comunidades de manera cabal y que dichas consultas
no se han realizado con la necesaria buena fe, por lo que es necesario establecer un
nuevo proceso de diálogo para superar el fracaso de las conversaciones anteriores antes
de la nueva e inminente licitación del Lote. La grave situación de contaminación y sus
impactos en los derechos humanos fundamentales de los pueblos indígenas en el área fue
motivo de dos comunicaciones anteriores, el 5 de diciembre de 2014, véase
A/HRC/29/50, caso no. PER 3/2014 y el 28 de mayo de 2015, véase A/HRC/30/27, caso
no. PER 1/2015.
26/10/2015
01/12/2015
07/12/2015
14/04/2016
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Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/09/2015
AL
DEU 1/2015
Germany
Freedom of
expression;
Alleged investigation in Germany of two journalists on charges of treason, following the
publication of classified Government documents. According to the information received,
on 25 February 2015 and 15 April 2015 respectively, the digital rights blog,
“Netzpolizik”, for which the two journalists, Mr. Markus Beckedahl and Mr. André
Meister, work, published two articles on the Government’s plans for internet
surveillance. On 13 May 2015, the Federal Office of Criminal Investigation initiated an
investigation into the actions of the journalists. However, it was not until 30 July 2015
that the journalists officially received notification of the investigation. In early August,
the Minister of Justice expressed his doubts regarding the merits of the case against the
journalists and, shortly thereafter, the Prosecutor General was suspended. It later
emerged that no state secrets had been revealed. On 10 August 2015, after a public
outcry, charges against the journalists were dropped. Concern is expressed the charges
brought against the journalists may have a significant “chilling effect” on other
journalists and whistleblowers who report on or provide critical information on sensitive
issues in Germany.
17/03/2016
16/10/2015
JAL
IRN 19/2015
Iran (Islamic
Republic of)
Iran; Summary
executions;
Violence against
women;
Allegations concerning the executions of juvenile offenders. According to the
information received, on 13 October 2015, Ms. Fatemeh Salbehi was executed in Shiraz.
In May 2010, Ms. Salbehi was sentenced to death for allegedly having killed her
husband in 2008, when Ms. Salbehi was seventeen years old. In September 2013, the
Supreme Court granted a request for a judicial review of her case based on a new
provision in Iran’s 2013 Penal Code. Her entire trial in 2014 lasted barely three hours
and her sentence was upheld. On 6 October 2015, Mr. Samad Zahabi was reportedly
executed in secret in Kermanshah’s Dizel Abad Prison. He was sentenced to death in
March 2013 for the killing of a fellow shepherd, which Mr. Zahabi claimed was in self-
defence. He was seventeen years old at the time of alleged killing. The Supreme Court
had reportedly earlier upheld his death sentence.
13/11/2015
16/03/2016
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1 0
7
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
23/10/2015
JAL
OTH 7/2015
Other
Adequate
housing;
Extreme
poverty; Haiti;
Health; Water
and Sanitation;
Letter sent in follow-up to the allegation letter transmitted to the United Nations
Secretary General on 25 September 2014 concerning the cholera outbreak in Haiti in
2010. The letter expresses concern about the inability of the victims of the cholera
outbreak to vindicate their rights and to obtain access to a remedy for the harms suffered
to date. The letter urges the United Nations to provide the victims with access to a
transparent, independent and impartial mechanism to review and decide on their claims
in order to ensure adequate reparation. The first letter transmitted on 25 September 2014
is included in A/HRC/28/85, see case no. HTI 3/2014.
25/02/2016
29/10/2015
JAL
IRN 16/2015
Iran (Islamic
Republic of)
Independence of
judges and
lawyers; Iran;
Summary
executions;
Torture;
Allegations concerning the execution of a Kurdish man on charges of moharebeh
(enmity against God) in Iran. On 26 August 2015, Mr. Behrouz Alkhani, a 30-year-old
Kurdish man, was executed while awaiting the outcome of a Supreme Court appeal. He
had reportedly been held in solitary confinement without access to a lawyer for over a
year prior to his execution. Mr. Alkhani was arrested in January 2010 in West
Azerbaijan and, in 2011, convicted and sentenced to death on charges of “effective
collaboration with PJAK” (Party of Free Life of Kurdistan) and “enmity against God
(moharebeh) for his alleged role in the assassination of the Prosecutor of Khoy, in the
West Azerbaijan province. Following his execution, authorities have reportedly refused
to return his body to his family for burial.
26/04/2016
A /H
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8 Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
29/10/2015
JUA
IRN 20/2015
Iran (Islamic
Republic of)
Cultural Rights;
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Health; Human
rights
defenders;
Independence of
judges and
lawyers; Iran;
Torture;
Violence against
women;
Alleged arbitrary detention, sentencing to flogging and subjecting human rights activists
to a virginity test. According to the information received, Ms. Fatemeh Ekhtesari was
sentenced to over 11 years in prison for her collection of poetry. Mr. Mehdi Moosavi
was sentenced to six years in prison for his poetry. Ms. Atena Farghadani was sentenced
to over twelve years for a cartoon. All three were also charged with “illegitimate sexual
relationship short of adultery” for shaking hands with a non-relative of the opposite sex.
Ms. Ekhtesari and Mr. Moosavi were sentenced to ninety-nine lashes. Ms. Farghadani
has not been sentenced but has already been subjected to forced virginity and pregnancy
testing. Ms. Narges Mohammadi, a prominent Iranian rearrested 5 May 2015, has been
subjected to harassment and deprived of necessary medical care. Ms Farghadani and Ms
Mohammadi have been the subjects of seven previous communications, the most recent
of which was sent 4 June 2015, see above, case no. IRN 6/2015.
04/03/2016
16/03/2016
30/10/2015
JAL
BHR 6/2015
Bahrain
Cultural Rights;
Extreme
poverty;
Freedom of
religion;
Alleged patterns of continuous discrimination against Shia citizens, including through
cultural, economic, educational and social government policies in Bahrain since 2011.
According to the information received, peaceful protestors and other Shia citizens have
experienced excessive use of force during and after the protests of 2011, with Shia
religious clergy being particularly targeted. Government violence has also led to the
destruction of many Shia mosques and sites of religious and cultural significance and of
other signs of Shia presence in the country. The official historical narrative which
systematically undermines the role of Baharna and Shia religious and cultural heritage in
the country is also promoted in the official school curricula and media. Shia citizens
allegedly also experience discrimination in access to citizenship, public sector
employment and government social policies, particularly housing and welfare programs,
making them more vulnerable to poverty. Various aspects of this situation, including the
destruction of two mosques and withdrawal of citizenship, have already been raised in
previous communications sent on 5 may 2011, see A/HRC/18/51, case no. BHR 8/2011,
and on 29 November 2012, see A/HRC/23/51, case no. BHR 12/2012.
25/12/2015
01/02/2016
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9
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
30/10/2015
JAL
SGP 2/2015
Singapore
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Alleged charges brought against a human rights defender and blogger for organizing a
peaceful assembly. According to the information received, on 27 September 2014, Ms.
Han Hui Hui organized a peaceful protest in Hong Lim Park to raise awareness about
problems with Singapore’s Central Provident Fund. On 10 October 2014, Ms. Hui was
questioned for eight hours in relation to this protest. On 27 October 2014, she was
charged, along with five other protestors, with creating a public nuisance and organizing
a demonstration without approval. Her next court date is scheduled for 24 February
2016.
24/12/2015
24/03/2016
02/11/2015
JAL
TUN 2/2015
Tunisie
Arbitrary
detention;
Health;
Independence of
judges and
lawyers;
Torture;
Allégations d’abus physiques, d’examen médical dégradant, de procédure judiciaire
irrégulière, et de condamnation pénale d’un homme de 22 ans apparemment fondée
uniquement sur son orientation sexuelle perçue. Selon les informations reçues, le 6
septembre 2015, M. X a été arrêté par la police et interrogé sur la mort violente d’un
autre homme. Les policiers ont accusé M. X d’avoir eu des relations homosexuelles avec
l’homme décédé, puis ils l’ont physiquement et verbalement abusé pendant
l’interrogatoire. Sous cette contrainte, M. X a confirmé avoir eu une relation
homosexuelle avec la personne décédée. Il a par la suite été soumis à un examen médical
dégradant et humiliant mené sans son consentement éclairé. Le 22 septembre 2015, Mr.
X a été condamné à un an d’emprisonnement pour violation de l’article 230 du code
pénal tunisien qui criminalise la sodomie. La procédure judiciaire dont M. X a fait
l’objet a été menée sans qu’il puisse bénéficier d’un avocat.
09/02/2016
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/5 3
1 1
0 Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
05/11/2015
JAL
RUS 7/2015
Russian
Federation
Freedom of
expression;
Human rights
defenders;
Migrants;
Retrospective charging and trial of a human rights defender. According to the
information received, since 2011, Ms. Tatiana Kotlyar has allowed migrants and asylum
seekers to register her home as their place of residence free of charge in order to enable
them to apply for citizenship in the Russian Federation. On 2 January 2014, amendments
were made to Articles 322.2 and 322.3 of the Criminal Code, criminalizing the false
registration of migrants. Ms. Kotlyar had previously spoken out in opposition to
proposals of such amendments. On 11 March 2014, a criminal case was opened against
Ms. Kotlyar alleging she violated the amended articles. On 30 April 2014, a psychiatric
examination of Ms. Kotlyar was ordered by the investigating officer in her case. This
was subsequently annulled, before the opening of a second criminal case against Ms.
Kotlyar, again in relation to registration of migrants. The trial of Ms. Kotlyar began at
the Magistrates Court of Obninsk City on 2 October 2015. The next hearing is scheduled
for 6 November 2015.
08/02/2016
11/11/2015
JAL
HND 3/2015
Honduras
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Summary
executions;
Alegaciones de muertes violentas y ataques contra defensores y defensoras de derechos
de las personas lesbianas, gays, bisexuales, trans e intersexuales (LGBTI). Según la
información recibida, el 23 de junio de 2015, el periodista y defensor de derechos de las
personas LGBTI, Juan Carlos Cruz Andara, habría sido víctima de una muerte violenta
en Puerto Cortés. El 25 de junio de 2015, la defensora de derechos LGBTI y miembro de
la Asociación Arcoiris, Sra. Angy Ferreira, habría sido encontrada muerta a unas cuadras
de la oficina de Arcoiris. El 23 de agosto 2015, la defensora transgénero de derechos
LGBTI Sra. Violeta Rivas habría aparecido muerta de forma violenta en El Carrisal,
Tegucigalpa. El 11 de octubre de 2015, el abogado de derechos humanos y defensor de
la comunidad LGBTI, Sr. Francisco Mencía, fue atacado y dejado por muerto cerca de
su casa en Tegucigalpa. El Sr. Mencía ha colaborado con la Asociación por una Vida
Mejor (APUVIMEH), la cual ha sido objeto de tres comunicaciones anteriores enviadas
al Gobierno de su Excelencia con fecha de 29 de agosto de 2013, véase A/HRC/25/74,
caso HND 5/2013; el 20 de enero de 2014, véase A/HRC/26/21, caso HND 1/2014; y el
9 de diciembre de 2014, véase A/HRC/29/50, caso HND 8/2014.
01/02/2016
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1
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
11/11/2015
JUA
IRN 21/2015
Iran (Islamic
Republic of)
Freedom of
religion;
Independence of
judges and
lawyers; Iran;
Summary
executions;
Torture;
Alleged imminent executions of two men who were under the age of 18 at the time of
the alleged offences and of one political activist in Iran, following repeated torture
during detention and the extraction of confessions under torture and after trials that did
not comply with due process and fair trial guarantees. According to the information
received, Mr. Mohammad Ali Zehi is currently imprisoned in Adelabad Prison, where he
is to be executed for his alleged involvement in drug trafficking for activities that
occurred when he was under the age of 18. Mr. Milad Azimi was convicted for allegedly
causing death by stabbing in a fight that the court has acknowledged occurred when he
was 17 years old. Mr. Shahram Ahmadi was convicted of “waging war against God”
through “links to Salafi groups” and “propaganda against the system, through
participating in ideological and political classes and possessing, selling, and buying
books and CDs of speeches related to Sunni beliefs.” He is being held in Raja’i Shahr
Prison. All three men are at risk of imminent execution.
18/04/2016
23/11/2015
JUA
BHR 7/2015
Bahrain
Independence of
judges and
lawyers;
Summary
executions;
Torture;
Allegations of torture and imminent execution of two individuals in Bahrain following
unfair trials and confessions extracted under torture. According to information received,
Mr. Mohamad Ramadan and Mr. Husain Ali Moosa were arrested in early 2014 and
subjected to torture. They were forced to confess under duress and later recanted their
confessions. On 29 December 2014, a Bahraini criminal court sentenced them to death
for their alleged involvement in a bomb explosion in Al Dair, which resulted in the
killing of a police officer. The defense claims that the death penalty was imposed
without evidence of guilt of the defendants, and in disregard of abundant evidence of ill-
treatment, torture, and politically motivated charges. On 16 November 2015, Bahrain’s
Court of Cassation rejected the final appeal brought on behalf of the defendants and the
sentences were subsequently sent to His Majesty the King for final approval. Mr.
Mohamad Ramadan was the subject of a previous communication sent on 14 August
2014, see A/HRC/28/85, case no. BHR 11/2014.
23/02/2016
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2 Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
25/11/2015
JAL
GTM 4/2015
Guatemala
Business
enterprises;
Environment;
Food;
Hazardous
substances and
wastes; Human
rights
defenders;
Summary
executions;
Water and
Sanitation;
Presuntas violaciones de varios derechos humanos de al menos 12.000 personas que
viven en 14 comunidades en el departamento de El Petén, Guatemala, debido a la
contaminación del río La Pasión además de alegaciones de restricciones en el trabajo de
defensores de derechos humanos denunciando esta situación. Según la información
recibida, desde abril de 2015 se ha encontrado una gran cantidad de peces muertos
flotando en el río. Se alega que la muerte de peces en el río La Pasión está relacionada
con la presencia de altos niveles de un pesticida organofosforado llamado "malatión". La
contaminación del río fue responsabilidad de REPSA, una empresa de aceite de palma
que tiene una plantación y una planta de procesamiento ubicada cerca de los afluentes de
dicho río. Se alega además que el río La Pasión es una fuente hídrica esencial para el
sustento de aproximadamente 12.000 personas del municipio de Sayaxché. Igualmente,
se ha constatado que miembros de las comunidades utilizan el agua del río para lavar
ropa, pesca cocinar, beber, bañarse y para la agricultura de subsistencia.
14/03/2016
30/11/2015
JUA
MEX 13/2015
México
Arbitrary
detention;
Freedom of
expression;
Freedom of
peaceful
assembly and of
association;
Human rights
defenders;
Alegaciones de detención arbitraria y malos tratos a cuatro defensores de los derechos
humanos. Según las informaciones recibidas, el 28 y 29 de octubre de 2015, los Sres.
Juan Carlos Orozco Matus, Othón Nazareiga Segura, Efraín Picaso Pérez y Roberto Abel
Jiménez García, fueron detenidos en diferentes lugares en el Estado de Oaxaca, en
relación con manifestaciones pacíficas en contra de la reforma educativa, que tuvieron
lugar entre julio de 2014 y junio de 2015. Los defensores fueron llevados a la Ciudad de
México para ser presentados ante la Procuraduría General de la República y
posteriormente fueron trasladados a la prisión de Altiplano en Almoloya de Huárez,
Estado de México, donde siguen privados de libertad. Los cuatro defensores se enfrentan
a acusaciones de robo agravado, disturbios, daños a la propiedad y crímenes en contra de
la riqueza nacional. Se alega que todos ellos habrían sido objetos de golpes y malos
tratos al momento de su arresto.
01/04/2016
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1 1
3
Date
Type
Case No
Country Mandate(s) Summary of the allegation transmitted Reply
30/11/2015
JUA
SAU 10/2015
Saudi Arabia
Cultural Rights;
Freedom of
expression;
Freedom of
religion;
Human rights
defenders;
Independence of
judges and
lawyers;
Summary
executions;
Torture;
Allegations concerning the imposition of the death sentence following an unfair trial
against a poet of Palestinian origin in Saudi Arabia. According to the information
received, on 25 May 2014, Mr. Ashraf Fayadh was sentenced to four years imprisonment
and 800 lashes for allegedly having committed apostasy. The prosecution appealed the
verdict and, on 17 November 2015, the General Court of Abha sentenced Mr. Fayadh to
death under the same charge. Mr. Fayadh, who had no legal representation during the
judicial proceedings, was given 30 days to appeal the sentence. He remains in detention.
04/03/2016
114
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 of Experts on people of African descent 27/25
Independent Expert on the enjoyment of human rights of persons with albinism 28/6
Working Group on Arbitrary Detention 24/7
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 28/9
Independent expert on the promotion of a democratic and equitable international order 27/9
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 27/1
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
28/11
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 31/16
115
Mandate title
Human Rights
Council
resolution
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
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 right to privacy 28/16
Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non- recurrence
27/3
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
31/3
116
Mandate title
Human Rights
Council
resolution
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
27/23
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
Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights
27/21
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