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Rapport de Communication des Procédures Spéciales - 25ème session du CDR - Communications reçues des États et d'autres entités (extraits)

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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/HRC/25/74
24 February 2014

English/French/Spanish only

Human Rights Council
Twenty-fifth 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 June to 30 November 2013;
Replies received, 1 August 2013 to 31 January 2014


Joint report by the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; the Working Group on people of African descent; the Working Group on arbitrary detention ; Special Rapporteur on the situation of human rights in Belarus; the Working Group on the issue of human rights and transnational corporations and other business enterprises; the Special Rapporteur on the situation of human rights in Cambodia ; the Special Rapporteur on the sale of children, child prostitution and child pornography ; the Special Rapporteur in the field of cultural rights; the Independent expert on the promotion of a democratic and equitable international order; the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea; the Special Rapporteur on the right to education ; the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; the Working Group on enforced or involuntary disappearances ; the Special Rapporteur on extrajudicial, summary or arbitrary executions ; 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 people s; 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 Independent Expert on minority issues ; the Special Rapporteur on the situation of human rights in Myanmar; the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 ; the Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non-recurrence; the Special Rapporteur on contemporary forms of racism , racial discrimination, xenophobia and related intolerance; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Independent Expert on the situation of human rights in Somalia; the Independent Expert on the situation on human rights in the Sudan ; the Special Rapporteur on 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 human right to safe drinking water and sanitation; the Working Group on the issue of discrimination against women in law and in practice ; and the Special Rapporteur on violence against women , its causes and consequences.

___________
*The present report is circulated as received.


I. Introduction

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

2. In 2009, the sixteenth annual meeting of special procedures mandate holders decided that a joint communications report would be prepared (cf. A/HRC/12/47, para 24-26), with this decision being reconfirmed by the seventeenth annual meeting of special procedures in 2010 in order to avoid duplication, rationalize documentation, allow examination of cross cutting issues and ensure that the content of communications and any follow-up would feed into the universal periodic review mechanism more effectively. Mandate holders decided that the report should contain summaries of communications, and statistical information (A/HRC/15/44, para. 26-27).

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

4. Short summaries of allegations communicated to the respective State or other entity are included in the report, and the communications sent and responses received are accessible electronically through hyperlinks. Communications are reproduced in the language in which they were sent. Replies received in Arabic, Chinese or Russian are included with translations into English, where available.

5. This report covers all urgent appeals, letters of allegations and other letters sent by special procedures mandate holders between 1 June and 30 November 2013 and replies received between 1 August 2013 and 31 January 2014. Communications sent before 1 June 2013 are reported in 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 August 2013 and 31 January 2014, relating to communications sent by special procedures mandate holders before 1 June 2013. Some of these replies supplement information communicated earlier by the respective State.

7. The present report contains urgent appeals sent by the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances and joint urgent appeals sent by them together with other mandates. It does not contain other types of communications issued by these mandates, which are processed according to their own distinctive procedures, and are reported in the annual reports of these two working groups.

8. The names of some alleged victims have been obscured in order to protect their privacy and prevent further victimization. Names of victims who would otherwise have their identities protected are mentioned only when the concerned individual has expressly consented or requested to have his or her name in the public report. In the original communications, the full names of the alleged victims were provided to the Government concerned. Names of alleged perpetrators have systematically been darkened in State replies to preserve the presumption of innocence.

9. In preparing the statistics included in this report, uniform reporting periods have been used, reflecting all communications sent between 1 June and 30 November 2013, and responses received in relation to these communications up to 31 January 2014.

/...



II. Communications sent and replies received

Date
Type
Case No
Country
Mandate(s) Summary of the allegation transmitted Reply

05/06/2013
JUA

ISR 5/2013
Israel

Arbitrary detention; Independence of judges and lawyers; OPT; Torture;
Alleged severe torture and ill-treatment upon arrest and during interrogation. According to the information received, Mr X, a 16 year-old minor and resident of Hares, Salfit, in the State of Palestine was arrested on 17 March 2013 by members of the Israeli Security Forces (ISF). It is alleged that during transport Mr X was repeatedly pushed, kicked, and hit on the head by ISF, and that in one instance a soldier tried to sit on his head. It is further reported that the soldiers smashed Mr X’s head against an iron box, causing bleeding, and stuffed a piece of cotton and a bandage into his mouth. Furthermore, it is reported that during interrogation an officer attempted to coerce a confession from Mr X by repeatedly threatening to cut off his head, bring in his mother for interrogation, cause difficulties for Mr X’s family at checkpoints, and hold him responsible for other accusations. It is additionally reported that Mr X was held in solitary confinement. Until 21 March 2013, neither his lawyer nor his family were informed about the fate and whereabouts of Mr X, and the first family visit only was scheduled for 11 June 2013.














11/06/2013
JUA

ISR 6/2013
Israel

Adequate housing; Indigenous peoples; Water and Sanitation;
Alleged risk of eviction and forced displacement of a large number of Arab Bedouins in the Naqab (Negev) desert in the south of Israel. According to the information received, the “Law for the Regulation of Bedouin Settlement in the Negev- 2013”, a bill also known as the Prawer-Begin Bill, to be enacted into law in the coming days would lead to the eviction and forced displacement of more than 70,000 Arab Bedouins in the Naqab (Negev) desert in the south of Israel. Allegedly this would mean the destruction of most of the remaining unrecognized Arab Bedouin villages in this region. Concerns also include severance of the historical ties to land by the Bedouin community, strict limits and conditions to access and receive adequate compensation whether in money or land, and the use of force in the form of the deployment of additional police officers in charge of the implementation of this Plan.














02/08/2013
JUA

ISR 7/2013
Israel

Freedom of expression; Freedom of peaceful assembly and of association; Human rights defenders; Independence of judges and lawyers; OPT; Summary executions; Torture; Alleged judicial harassment, stigmatization, physical attacks torture in custody and an assassination attempt against a human rights defender; possible acts of reprisals. According to the information received, Mr Issa Amro, a prominent human rights defender in Hebron, located in the occupied West Bank, and winner of the 2010 OHCHR ‘human rights defender of the year in Palestine’ award, has been branded a terrorist by Israeli settlers and has been subjected to intimidation, death threats and an assassination attempt. It is further alleged that he has been subject to judicial harassment as well as alleged torture at the hands of Israeli Security Forces. Some of the reported incidents might be linked to his participation in the 23rd session of the United Nations Human Rights Council on 10 and 11 June 2013.












15/08/2013
AL

PSE 1/2013
State of Palestine
Freedom of expression;
Alleged forced closure of two media offices in Gaza City. According to the information received, on 25 July 2013, the Prosecutor General of the de facto authorities in Gaza (DFA), Ismail Jaber, issued an order to temporarily shut down two media offices in Gaza, Maa’n News Agency and Al Arabiya News Channel. It is reported that the two agencies were accused of distributing false news regarding Hamas and the role of Hamas in relation to Egypt’s affairs.








20/08/2013
JUA

PSE 2/2013
State of Palestine

Arbitrary detention; Independence of judges and lawyers; Summary executions; Torture;
Alleged risk of imminent execution and alleged executions carried out in violation of international human rights standards in the Gaza Strip. According to the information received, the de facto authorities in Gaza announced that executions would be carried out in the coming weeks. In particular, Mr Hani Mohammed Abu Aliyan appears to be at risk of execution, although he was reportedly subjected to torture and sentenced to death for an offence allegedly committed when he was a minor. Furthermore, Mr Faraj Abed Rabu was sentenced to death in 2013, while Messrs’ Emad Mahmoud Abu Ghalyoun and Husein Youssef Mohammad El Khatib were executed in June 2013. The proceedings against the defendants were allegedly conducted in serious violation of international standards. At least 35 individuals are reportedly on death row in the Gaza Strip. The unlawful imposition of the death penalty in the Gaza Strip was the subject of a previous communication dated 17 August 2012 (A/HRC/22/67).











01/10/2013
JAL

ISR 8/2013
Israel

Extreme poverty; Food;
Alleged policies and practices of the State of Israel negatively impacting the enjoyment of several economic, social, civil and political rights of persons living in the Gaza strip. According to the information received, naval attacks within three nautical miles off the Gaza coast have allegedly resulted in the destruction of fishing boats, nets and other fishing equipment. The alleged restriction of movement of farmers in the “buffer zone” has reportedly resulted in property and crops destruction and damage. Reports further suggest that the limited access to export markets created significant challenges for businesses based in the Gaza strip with 95% of the 3,900 industrial establishments having closed or been forced to suspend their work. According to the reports received, four residents of the Gaza strip have been subjected to these policies and practices and have allegedly sustained important losses, which have plunged them and their families in conditions of extreme poverty, deprivation, inadequate standards of living and food insecurity. Reports further suggest that due to legal and procedural obstacles, the alleged victims are reportedly unable to seek remedy or accountability from Israel.










12/11/2013
JAL

ISR 9/2013
Israel

OPT; Violence against women;
Alleged incidents of settler violence against women and their families. According to information received, Ms X, a woman from Al Mazra’a Al Qibliyeh, West Bank, was allegedly severely beaten by four settlers as she picked herbs near her home; Ms Y, was allegedly shot at by Israeli settlers, who attacked her and her family while planting almond trees on their land; and Ms Z, a 62 year old woman, was allegedly attacked by armed settlers in her home. Concern is expressed regarding the reported continued violence against women and their families, perpetrated by Israeli settlers in the Occupied Palestinian Territory, as well as the alleged failure of the Israeli authorities to prevent, respond to, protect against, and provide redress for these acts.









/...



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