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Report of the Special Rapporteur on torture, A/HRC/31/57/Add.1, 24 February 2016: Zambia

JAL 09/04/2015 Case No. ZMB 1/2015 State Reply: None to date

Allegations concerning arbitrary arrest and prosecution of Messrs. A and B on the sole basis of their sexual orientation.

713. The Special Rapporteur recalls that the practice of subjecting men accused of engaging in homosexual conduct to non-consensual anal examinations contravenes the prohibition on torture and ill-treatment under international law (see A/HRC/19/41 para 37).

714. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of Zambia, by submitting Messrs. A and B, to a medical forensic test without their consent, has violated their right to be free from torture and other forms of cruel, inhuman and degrading treatment, as provided by article 7 of the ICCPR, and articles 1 and 16 CAT, all of which are declaratory of a customary international law norm.

Link to full text of the report: Report-SRTorture-Communications and replies-2016-eng-fra-esp

Link to Special Rapporteur’s correspondence with the State: Correspondence-SR-Zambia-1-2015-eng