Report of the Special Rapporteur on torture, A/HRC/19/61/Add.4, 29 February 2012: United Kingdom
United Kingdom of Great Britain and Northern Ireland
(a) Urgent Appeal: Alleged risk of torture for asylum seeker facing deportation
Case No. GBR 1/2011, 23/02/2011.
State reply: None to date.
168. The Special Rapporteur regrets that the Government of the United Kingdom of Great Britain and Northern Ireland has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to allegations of risk of torture for Mr. X, a homosexual man, if returned to Burundi. The Special Rapporteur reiterates that article 3 of the UN Convention against Torture holds that no State party shall expel, return (“refouler”), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. Based on the information received, the Special Rapporteur determines that the rights of Mr. X under the UN Convention against Torture are at risk of being violated. The Special Rapporteur calls on the Government not to extradite Mr. X until a fair assessment of his risk of torture is conducted. In this context, diplomatic assurances do not mitigate the Government‟s obligation to refrain from violating the non-refoulement provision
United States of America
Joint Urgent Appeal
(c) Joint Urgent Appeal: Alleged torture and illtreatment in immigration facilities.
Case No. USA 15/2011, 19/08/2011
State reply: None to date.
172. The Special Rapporteur regrets that the Government of the United States of America to date has not responded to the communication dated 19 August 2011, regarding the allegations of torture and ill-treatment in immigration facilities. According to the information received, 16 gay and transgender individuals have allegedly been subjected to solitary confinement, torture and ill-treatment while in detention in U.S. immigration facilities. Furthermore, there was reportedly a lack of protection from persecution and respect for the principle of non-refoulement for those who risk torture if returned to their home countries on account of their sexual orientation, gender identity or HIV status.
In this regard, the Special Rapporteur would like to draw the attention of the Government to paragraph 6 of General Comment No. 20 of the Human Rights Committee, to article 7 of the Basic Principles for the Treatment of Prisoners, to the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the Standard Minimum Rules for the Treatment of Prisoners, particularly rule 22 (2). Given the lack of any evidences to the contrary, the Special Rapporteur believes that the fact reveal that there have been various violations of the provisions under the Convention against Torture, in particular breach of articles 7 and 12. The Special Rapporteur calls on the Government to undertake a prompt and impartial investigation on the conditions of detention, solitary confinement and ill-treatment of the immigrants, prosecute and punish those responsible, and ensure that the victims obtain redress, including fair and adequate compensation, ands as full rehabilitation as possible.
Link to full text of the report: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/A_HRC_19_61_Add.4_EFSonly.pdf