Aadel Collection
Report of the Special Rapporteur on violence against women, its causes and consequences
General Assembly
A
Distr.
GENERAL
A/HRC/7/6/Add. 1
27 February 2008
Original:
ENGLISH/FRENCH/SPANICH
HUMAN RIGHTS COUNCIL
Seventh session
Agenda item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL,
POLITICAL, ECONOMIC, SOCIAL AND CULTURAL, INCLUDING THE
RIGHT TO DEVELOPMENT
Report of the Special RapporteUr on violence against women,
its causes and consequences, Yakin Ertürk
Addendum
Communications to and from Governments * **
* The report is being circulated in the languages of submission only as it greatly exceeds the page
limitations currently imposed by the relevant General Assembly resolutions.
** The report was submitted late in order to reflect the most recent information.
UNITED
NATIONS
A/HRC/7/6/Add. 1
Page 2
Contents
Paragraphs Page
I. TRODUCTION 1-3 4
II OVERVIEW OF COMMUNICATIONS 4-10 4-7
III. TRENDS AND OBSERVATIONS 11-33 7-12
IV. COMM ICATIONS SENT AND
GOVERNMENT REPLIES RECEIVED 34-584 12-152
Algeria 35-39 12-14
Angola 40-45 14-15
Argentina 46-58 15-19
Australia 5973 19-23
Babrain 74-78 23-24
Bangladesh 79-90 24-28
Brazil 91-105 28-32
Colombia 106-112 32-34
Ecuador 113-119 34-35
Fiji 120-132 35-38
Guatemala 133-153 39-45
Guinea 154-158 45-47
Honduras 159-168 47-49
India 169-191
Iran (Islamic Republic of) 192-233 54-64
Iraq 234-246 65-67
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Kyrgyzstati. 247-25 5 67-69
Malaysia. - 256-259 69-72
Mexico 260-286 72-79
Myanmar - 287-294 79-8 1
Mongolia 295-302 82-83
Mozambic lue 303-311 83-86
Nepal 3 12-354 86-96
New Zealand 355-370 96100
People's Rep iC of China 408-432 100-110
Philippines 433-436 110-115
Qatar 437.445 115-116
Rdpubliçue D m ocratiqUe du Congo 446-461 116-118
Saudi Arabia 462-470 118-121
SouthAftiC 471-473 121-124
Sri Lanika 47 1-473 124
Sudan 474-482 124-126
Sweden 483-494 127-129
Turkey. 495-525 129-137
United ab En irates 526529 137-138
unitedKing4 m of Great Britain and Northern 530-548 138-142
Ireland
United Stat'e c f America 549-565 142-147
UzbekistalL - 566-584 147-152
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I. INTRODUCTION
1. The Commission on Human Rights, in its resolution 2005/41 entitled
“Elimination of violence against women”, encouraged the Special Rapporteur on
Violence against Women, its causes and consequences (hereinafter “the Special
Rapporteur”) to respond effectively to reliable information that comes before her and
requested all Governments to cooperate with and assist the Special Rapporteur in the
performance of her mandated tasks and duties, to supply all information requested,
including with regard to implementation of her recommendations, and to respond to
the Special Rapporteur's visits and communications.
2. The present addendum to the Special Rapporteur's annual report contains, on a
country by country basis, summaries of individual allegations, as well as urgent
appeals sent to Governments on individual cases and general situations of concern to
her mandate. This report includes summaries of the communications sent from
1 January to 4 December 2007 (with respect to allegation letters), and to 4 January
2008 (with respect to urgent appeals). The report also contains summaries of
government replies received until 21 January 2008.
3. The Special Rapporteur recalls that in issuing urgent appeals and transmitting
allegations, she does not make any judgment concerning the merits of the respective
cases, nor does she necessarily support the opinions and activities of the persons on
behalf of whom she intervenes. In the original communications, the full names of
victims and perpetrators have been provided to the Government concerned. In this
report, the names of individual victims and alleged perpetrators have been replaced by
initials in order to protect their privacy and to prevent further victimization as well as
to avoid pre-judgement of the alleged perpetuators.
II. OVERVIEW OF COMMUNICATIONS
1. Communications sent
4. From 1 January to 4 December 2007 and 4 January 2008, respectively, the
Special Rapporteur transmitted 59 communications to 38 Member States: Algeria,
AJHRC/7/6/Add. 1
Page5
Angola, Argentina, Australia, Babrain, Bangladesh, Brazil, China, Colombia,
Ecuador, Fiji, Guatemala, Guinea, Honduras, India, Iran (Islamic Republic of), Iraq,
Kyrgyzstan, Malaysia, Mexico, Myanmar, Mongolia, Mozambique, Nepal, New
Zealand, the Philippines, Qatar, Democratic Republic of the Congo, Saudi Arabia,
South Africa, Sri Lanka, the Sudan, Sweden, Turkey, United Arab Emirates, United
Kingdom of Great Britain and Northern Ireland, United States of America and
Uzbekistan.
5. 28 communications are allegation letters pertaining to allegations of human
rights violations that had already occurred or reflected longstanding concerns. In 31
cases, the Special Rapporteur sent an urgent appeal because a human rights violation
was ongoing or imminent, and there was a need to inform the government authorities
about the allegations received without any delay.
6. 52 out of 59 communications were sent jointly with other mandate holders of
the Human Rights Council, as follows:
- The Special Representative of the Secretary-General on the situation of human
rights defenders (24)
- The Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment (24)
- The Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression (9)
- The Special Rapporteur on the human rights of migrants (8)
- The Special Rapporteur on the sale of children, child prostitution and child
pornography (7)
- The Special Rapporteur on the human rights aspects of the victims of
trafficking in persons, especially women and children (7)
- The Working Group on Arbitrary Detention (5)
- The Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people (5)
- Special Rapporteur on adequate housing as a component of the right to an
adequate standard of living (4)
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- The Special Rapporteur on the independence ofjudges and lawyers (3)
- The Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance (3)
- The Special Rapporteur on extrajudicial, summary or arbitrary executions (2)
- The Special Rapporteur on freedom of religion or belief (2)
- The independent expert on minority issues (1)
- The Special Rapporteur on the right to food (1).
7. The largest number of joint communications (24) was sent together either with
the Special Rapporteur on the question of torture or the Special Representative of the
Secretary-General on the situation of human rights defenders. The Special Rapporteur
stresses that this fact indicates a convergence in the understanding of the diverse
forms of human rights violations experienced by women with that of more
conventional forms of violations. This may also signal an erosion of the public /
private sphere dichotomy used for so long to exclude violence against women from
public concern and scrutiny. Additional trends in the communications received are
identified in chapter III below on “Trends and Observations”.
2. Cooperation and replies of Governments to the Special Rapporteur
8. In each of the communications, the Special Rapporteur has asked Governments
to respond to a detailed set of questions in order to clarify the allegations submitted.
As of 21 January 2008, the Special Rapporteur had received responses to 34 cases
from Governments concerned and would like to express her particular appreciation
for timely replies. The Special Rapporteur remains concerned that oniy
19 communications sent in 2007 have so far been responded to. Sixteen Governments
failed to respond and some responded only partially to the issues raised. The Special
Rapporteur expresses her appreciation to have received, during the course of 2007,
15 additional responses to communications sent in 2004, 2005 and 2006.
9. The following Member States did not respond to any of the communications
that the Special Rapporteur sent in 2007: Algeria, Angola, Argentina, Babrain, Brazil,
Colombia, Ecuador, Fiji, Guinea, Iran, Myanmar, Mongolia, Mozambique,
Democratic Republic of the Congo, South Africa and Sri Lanka.
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10. Tn this regard, the Special Rapporteur would like to recall Commission on
Human Rights resolution 2005/4 1 in which the Commission requested all
Governments to cooperate with and assist the Special Rapporteur in the performance
of her mandated tasks and duties, to supply all information requested, including with
respect to the Special Rapporteur's communications.
III. TRENDS AND OBSERVATIONS
11. The communications sent concerned a wide array of issues related to violence
against women, its causes and consequences, as defined in the 1993 United Nations
Declaration on the Elimination of Violence against Women. These included: arbitrary
detention, torture or cruel, inhuman or degrading treatment or punishment, summary
and extrajudicial executions; rape, sexual abuse and sexual exploitation; trafficking;
and other forms of violence grounded in discrimination against women.
12. These various forms of violence against women were committed by both State
and non State actors. Overall, 35 out of 59 communications (59 per cent of the total
number) concern allegations of violence against women, or threats thereof, committed
by State agents. Police officers and military personnel in particular were identified as
the main perpetrators. The Special Rapporteur notes in this respect article 4 (b) of the
Declaration on the Elimination of Violence against Women, which stipulates that
States should pursue by all appropriate means and without delay a policy of
eliminating violence against women and, to this end, should refrain from engaging in
violence against women.
13. In addition, the Special Rapporteur also acted upon laws, regulations, drafts and
specific legal provisions which seemed to discriminate against women and may
condone or cause violence against women. Four letters were sent in this respect, and
while this is a small percentage of the total number of communications, it reflects the
importance the Special Rapporteur attaches to addressing the full spectrum of her
mandate, including the causes and consequences of violence against women.
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1. Torture or cruel, inhuman or degracliiig treatment or punishment
14. 24 communications concern cases in which authorities tortured women and
sentenced or subjected them to cruel, inhuman and degrading treatment or punishment
(including sentencing to death by stoning aiid corporal punishment). Such cases
amount to 71 per cent of all abuses perpetrated by State agents that were subject of
communications by the Special Rapporteur.
15. The Special Rapporteur notes that torture is prohibited under a wide range of
international instruments, such as article 7 of the International Covenant on Civil and
Political Rights and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. Torture is also prohibited by many regional
instruments as well as under international criminal law and international humanitarian
law.
16. More specifically, the Special Rapporteur would like to stress that in its
resolution 2005/39, the Commission on Human Rights reminded Governments that
corporal punishment can amount to cruel, inhuman or degrading punishment or even
to torture. The Special Rapporteur on the question of torture 1 , the Human Rights
Committee and the Committee against Torture have all called on States to abolish all
forms of judicial and administrative corporal punishment without delay.
2. Sexual violence
17. 25 out of 59 communications (42 peir cent of the total number) concern
allegations of rape, sexual abuse and exploitation. 16 thereof (64 per cent) were
allegedly committed by State agents.
18. The Special Rapporteur notes that, in recent years, there has been an increased
and explicit recognition of some forms of violeace against women in international and
national courts as amounting to torture and ilL-treatment, the best known examples
being rape by private or public actors in conflict or in custodial settings. Other forms
of violence against women, such as physical or sexual violence in an intimate
See A/60/316.
A!HRC/7/6/Add. 1
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relationship, if committed with the acquiescence of the State, may qualify as torture or
cruel, inhuman or degrading treatment as well. Tin this regard, the Special Rapporteur
on the question of torture joined the Special Rapporteur on violence against women in
seven communications pertaining to allegations of rape.
19. Under international human rights law, notably the Declaration on the
Elimination of Violence against Women and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, States have thus the
obligations to criminalize acts of torture and violence against women, prosecute
perpetrators and provide reparation to victims. Accordingly, States must thus do their
utmost to prevent the perpetration of sexual iiolence, address any act of sexual
violence and offer judicial remedies to the victims.
3. Violence against human rights defenlers
20. The Special Rapporteur observes an ongoing trend to subject female human
rights defenders and women's rights defenders to violence, including arbitrary
detention and threats of violence. 24 out of 59 communications (41 per cent of the
total number) concerned cases of this nature.
21. The great majority of these cases (16 out of 24; 67 per cent of the violence
against human rights defenders cases) concerned women's rights defenders and the
alleged perpetrators were mostly identified as State agents (21 out of 24; 87.5 per cent
of the violence against human rights defenders cases).
22. Tin this respect, the Special Rapporteur would like to remind Member States that
by ratifying the Convention on the Elimination of All Forms of Discrimination against
Women they have committed themselves to take all appropriate measures to eliminate
discrimination against women in the political and public life of their respective
country and, in particular, to ensure to women, on equal terms with men, the right to
participate in non governmental organizations and associations concerned with the
public and political life of the country (article 7 of the Convention). Further, the
Special Rapporteur wishes to reiterate the principle reiterated in Commission on
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Human Rights resolution 2005/3 8 in which the Commission calls on States to
facilitate the full, equal and effective participation and free communication of women
at all levels of decision making in their societies.
4. Violence against women facing multiple and intersecting layers of
discrimination
23. 19 out of 59 communications sent (32 per cent of the total number) concerned
women facing multiple and intersecting layers of discrimination.
24. Women belonging to national, ethnic or religious minorities or lower social
castes, indigenous women, and migrant women are strongly overrepresented among
reported victims. The Special Rapporteur has also acted on a case of a
transgender/gay activist, who was targeted due to his sex identity choice and his
activity of bisexuals, gays and travesties' rights defender, as well as on a case of a
lesbian couple, who was reportedly persecuted because of their sexual orientation.
25. In this regard, the Special Rapporteur would like to refer to Commission on
Human Rights resolution 2005/41 on the elimination of violence against women in
which the Commission calls on States to address the specific circumstances facing
indigenous women and girls in relation to gender-based violence, especially sexual
violence, arising from multiple, intersecting and aggravated forms of discrimination,
including racism, paying particular attention to the structural causes of violence.
26. The Special Rapporteur would also like to draw the attention of Member States
to article 22, paragi aph 2, of the United Nations Declaration on the Rights of
Indigenous Peoples 2 which stipulates that States shall take measures, in conjunction
with indigenous peoples, to ensure that indigenous women and children enjoy the full
protection and guarantees against all fonns of violence and discrimination.
5. Trafficking of women, and sale of children
2 General Assembly resolution 61/295.
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27. The Special Rapporteur expresses her concern over the many cases of
trafficking in persons and sale of children on which she acted (11 out of 59; 19 per
cent of the total number), and with respect to which women and girls were most
affected.
28. Several communications sent concern groups of women or children being
trafficked for the purpose of sexual exploitation. This fact reveals the existence of a
net of criminal organizations, taking advantage of poverty, lack of knowledge and
education, border guards' corruptibility and many other factors. In this regard the
Special Rapporteur would like to stress the States' duty and responsibility to fight this
ever-increasing phenomenon, whether the States are countries of origin, transit or
destination of trafficking.
29. The Special Rapporteur encourages Member States to ratify the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, Supplementing the United Nations Convention against Transnational
Organized Crime, and to make use of the “Recommended Principles and Guidelines
on Human Rights and Human Trafficking” developed by the Office of the United
Nations High Commissioner for Human Rights. 3
6. Failure to prevent and respond to violence against women with due
diligence
30. According to the Declaration on the Elimination of Violence against Women
and other human rights instruments, States have a duty to take positive action and
exercise due diligence to prevent and protect women from violence, to prosecute and
appropriately sanction perpetrators of violence and to ensure that victims of violence
receive compensation. States have this duty regardless of whether the relevant acts
have been committed by private or State actors. The failure to comply with any aspect
of the due diligence obligation constitutes a human rights violation.
E/2002/6 8/Add. 1.
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31. 28 out of 59 communications sent (47 per cent of the total number) concerned
allegations that a State failed to meet its obligations of due diligence in combating
violence against women. The Special Rapporteur has for instance acted on cases in
which authorities have been reported to let investigations or prosecutions of acts of
violence against women lag, or where authorities failed to administer appropriate
punishments and penalties.
32. Several communications sent indicate that general problems of impunity and
corruption in the public sector exacerbate gender-based violence by depriving women
of the option to invoke the rule of law to counter social power structures that
systematically discriminate against women.
33. The Special Rapporteur would like to recall her report on the Due Diligence
Standard as a Tool for the Elimination of Violence against Women 4 and reiterate that
States cannot delegate their human rights obligations to prevent and respond to
violence against women with due diligence. They must therefore make appropriate,
decisive and timely interventions whenever public or private actors, State or
traditional justice mechanisms engage in and condone violence against women, or
otherwise fail to address it adequately.
IV. COMMUNICATIONS SENT
AND GOVERNMENT REPLIES RECEIVED
34. Country specific communications sent and Government replies received are
presented in the language received. In some cases the Special Rapporteur provides
suggestions on which additional information is required to respond effectively to the
information received or draw the attention of Governments concerned to relevant
findings and recommendations contained in her country mission reports and
international human rights instruments.
Algérie
E!CN.4/2006/61.
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Lettre d ‘allegation
35. Le 6 mars 2007, la Représentante spéciale du Secrétaire général concernant la
situation des défenseurs des droits de l'homme, la Rapporteuse spéciale chargée de la
question de la violence contre les femmes, y compris ses causes et ses consequences
et le Rapporteur special sur la promotion et la protection du droit a la liberté d'opinion
et d'expression ont envoyé une lettre d'ailégation au Gouvernement concernant
i'interdiction d'un séminaire sur les disparitions forcées a Alger.
36. Seloii les informations recues : le 7 février 2007, le séminaire <>, organisé par le Collectif des familles de disparus en
Algérie, DS Disparus, Djazairouna, l'Association nationale des families de disparus
et S omoud, n' aurait pu se tenir en raison de i'intervention des forces de 1' ordre alors
même que les autorités algériennes auraient été informées et invitées a ce séminaire et
que celles-ci n'auraient pas manifesté leur opposition a sa tenue. Les forces de l'ordre,
venues ei grand nombre, auraient empêché 1' accès a la salle de conference située dans
un hotel cL'Alger et auraient également fait couper l'alimentation électrique. Les
conférenders déjà presents dans la salle se seraient alors installés a la tribune a la
lueur des Fougies, mais les forces de l'ordre auraient fait évacuer entièrement la salle.
37. La 1R.apporteuse Spéciale chargée de la question de la violence contre les
fernines, i compris ses causes et ses consequences avait app elé le Gouvernement a
autoriser I a tenue de ce séminaire, notamment lors d'une reunion au Ministère de
l'intérieiirle 27 janvier 2007.
38. De ‘vives preoccupations furent exprimées selon lesquelles l'interdiction de ce
séminair, au lendemain de la signature par 1'Algérie de la Convention sur les
disparitioris forcées a Paris, ne visait a ernpêcher les organisations non-
gouvemenientales susmentionnées de poursuivre leurs activités de defense des droits
de l'honurie en matière de disparitions forcées.
Observations
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39. La Rapporteuse Spéciale regrette que le Gouvemement n'ait pas répondu a sa
communication envoyée en 2007 et réitère son intérêt a recevoir des réponses
concernant les allegations soumises.
Angola
Urgent appeal
40. On 13 December 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Special Rapporteur on the human rights of
migrants and the Special Rapporteur on the question of torture sent an urgent appeal
concerning the detention and deportation of a large number of Congolese nationals
from Angola to the Democratic Republic of the Congo.
41. According to reports received, there have been serious human rights abuses
against the Congolese deportees, which have been allegedly committed by the
Angolan security forces at the border between the Democratic Republic of the Congo
and Angola. These abuses have been purportedly targeted toward groups of migrant
workers mainly composed of Congolese citizens who are involved in informal
diamond mining activities in Angola.
42. The abuses reported include the systematic use of physical and sexual violence,
confiscation of the migrant's belongings and separation of family members during the
expulsion process. Allegedly, women were systematically raped by Angolan security
forces, on many occasions in front of their children or in public. Women were
continuously raped - while being expulsed from their homes, in provisional detention
facilities, at the checkpoints and during their transport to the border.
43. In addition, the health situation of the expelled migrants is a major concern. As
most of them have been involved in informal diamond mining, they and their families,
including children, have allegedly been forced to submit to invasive bodily searches
(including the anal and vaginal cavities) to uncover hidden diamonds. According to
the reports, the searches are being conducted in such a maimer that they are causing
psychological and physical trauma to the deportees. The mental and physical health of
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women victims of sexual violence is of particular concern: it has been reported that
they suffer from various pains in their vagina and lower stomach, and have been
deeply traumatized by the abuse they suffered. Most of them have not received any
health care upon their arrival to the Democratic Republic of Congo.
44. Furthermore, the Special Rapporteurs received information that migrants had
been allegedly kept in incommunicado detention in harsh conditions before their
deportations, subjected to beatings and other forms of ill-treatment, having been
denied food and water provisions both during their detention periods and during their
deportation to the Congolese border. Moreover, there were reports of deaths due to
exhaustion or maltreatment.
Observations
45. The Special Rapporteur regrets that the Government of Angola did not reply to
this communication and reiterates her interest in receiving responses from the
Government in regard to the allegations submitted and would be particularly
interested to know whether these cases have resulted in any prosecutions of alleged
perpetrators, and whether victims of rape have been granted reparation.
Argentina
Carta de alegación
46. El 10 de mayo de 2007, la Relatora Especial sobre la violencia contra la mujer,
con inclusion de sus causas y consecuencias, junto con la Relatora Especial sobre la
trata de personas, especialmente las mujeres y los niflos, enviaron una carta de
alegación al Gobiemo de la Argentina en relación con la trata intemacional y interna
de mujeres y niflos.
47. Segán la información recibida, las vIctimas de trata intemacional para
explotación sexual en Argentina provendrlan en su mayorla de Paraguay. Mujeres y
niflas serian reclutadas por redes que operan en todo el territorio de este pals,
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principalmente en pueblos rurales y barrios pobres de Asunción. Estas redes
ofrecerlan a las mujeres y niflas trabajo como empleadas de limpieza en casas o en
comercios, o no especificarlan el tipo de trabajo realizar. Se informa además que
una de las razones por las cuales el engaño serla efectivo es porque antiguamente
existla una práctica que consistla en enviar a niflas a trabaj ar a casas de familia con el
compromiso de permitirles estudiar y mantener el coatacto regular con sus familias de
origen. Se estima que en pueblos del interior si bsistirla la creencia de que esta
práctica sigue ocurriendo. De esta manera, las victiinas migrarlan hacia Argentina con
la esperanza del empleo prometido, antes de resiiltar ser forzadas a trabaj ar en la
prostitución. También se han recibido informes sobre casos de muj eres y niflas que
habrIan sido obj eto de trata intema de personas con el fin de su explotación sexual en
Paraguay, antes de ser ilevadas a Argentina.
48. La mayoria de las muj eres y niflas vIctimas cle Ia trata entrarian a Argentina por
uno de los pasos fronterizos legalmente habilitado s. IMuchas se desplazarlan hacia la
ciudad fronteriza de Encamación antes de efectuar el cruce. Esta ciudad está unida a
Posadas, la capital de la provincia de Misiones, por el. puente internacional San Roque
Gonzalez de Santa Cruz. En Encamación, se recurriria a “motoqueiros”, “mototaxis”,
“combis”, vehIculos particulares o autobuses d .e Ilnea internacional o de larga
distancia para atravesar el puente. Tarnbién se usadan pequeflas embarcaciones para
cnizar el rIo Paraná. Los reclutadores generalmente ito cruzarlan la frontera junto con
las muj eres, sino que las esperarlan al otro lado del puente, o en la terminal de
ónmibus de Posadas. Otros puntos importantes de entrada de victimas de trata de
personas a Argentina serian Puerto Rico, el cruce de Bemardo de Irigoyen, y la zona
de Candelarias.
49. En la mayoria de los casos, el cruce de la. frontera se efectuarla de manera
regular Las muj eres adultas cruzarian la frontera coii la documentación de su pals de
origen y accederlan a una visa turista por un perlodo de tres meses.
50. Las menores viajarlan acompafladas o con on permiso regularmente obtenido.
Sin embargo, también se sefiala que algunos tratantes contarlan con la complicidad de
las autoridades de policia de ambos lados de la fronteTa o aprovecharlan momentos de
escasa vigilancia. En este sentido, habria evidencia del pago de coimas a funcionarios
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en la frontera por parte de los tratantes, y de la escasa vigilancia acerca del permiso de
menores para poder viajar a Argentina.
51. Por otro lado, también se han reportado casos de uso de documentos falsificados
o robados para ingresar al territorio argentino. Otra modalidad de ingreso de vIctimas
de trata serla la entrada por la categorla migratoria de Tránsito Vecinal Fronterizo
(TVF), que permite el ingreso al territorio por 72 horas cuando las personas
permanecen dentro de un radio de 50 kilómetros de la frontera. En este marco, las
formalidades de entrada son simplificadas. Sin embargo, una vez que las mujeres
habrIan ingresado al territorio argentino por este medio, los reclutadores les
suministrarian tarjetas migratorias con visa turista marcadas con sellos faisificados.
En ci puesto de control migratorio de San José, que se encuentra en el punto limite del
radio de 50 metros para las visas TVF, funcionarios de la Dirección Nacional de
Migraciones (DNM) habrian identificado varios casos de trata intemacional de
victimas que hablan ingres ado con la visa TVF, y luego habrian presentado una tarj eta
con un sello falsificado. Por ültimo, existirian casos dónde se usarla documentos
pertenecientes a otras personas para facilitar la entrada de mujeres mayores y menores
de edad.
52. Las vIctimas de trata intema provendrIan principalmente de las provincias de
Misiones, Corrientes, Chaco, Santa Fe y Tucumán. También se ha recibido
informaciones sobre La Rioja y Buenos Aires como lugares de proveniencia de las
vIctimas. En los casos de trata intema, las vIctimas también serian reclutadas
principalmente mediante una promesa engafiosa de empleo. El reclutador ofrecerla
directamente un trabajo de empleada de hogar o en un comercio, o recurriria al uso de
anuncios poco explIcitos sobre las tareas a realizar.
53. También se han recibido informes sobre casos de vIctimas que fueron
secuestradas con el fin de su posterior explotación sexual. Se estima que, durante los
illtimos cinco a os, hay más de 70 casos de mujeres y niflas desparecidas, habrian
sido captadas por redes de tratantes en la provincia de Tucumán.
A!HRC/7/6/Add. 1
Page 18
54. Las muj eres y nifias vIctimas de trata provendrIan generalmente de situaciones
de pobreza extrema, habrIan tenido dificil acceso a la educación y carecerlan de
oportunidades de ernpleo. En ambos casos de trata interna e intemacional, los
principales lugares de destino serlan las provincias de Buenos Aires, Córdoba, Entre
RIos, La Pámpa, Chubut, Santa Cruz y Tierra del Fuego.
55. Al liegar al lugar de destino, los tratantes recurrirlan a distintos métodos de
coacción que variarian entre amenazas psicológicas y formas extremas de violencia
fisica. Testimonios recibidos, indicarlan que las mujeres habrIan sido amenazadas,
violadas y golpeadas por los tratantes. En muchos casos también se les confiscarian
sus documentos de identidad inforrnándoles de que “contraj eron” una deuda con el
tratante por los gastos del viaje, entre otros motivos adelantados.
56. Se informa que la explotación sexual de las vIctimas de trata ocurrirIa en lugares
denominados whiskerlas y cabarets que constituirlan la figura más comiin bajo la cual
se esconderlan los prostIbulos. Para los mismos fines, también se recurriria a
departamentos llamados “privados”, especialmente en las grandes ciudades. Su
funcionamiento seria similar al de los cabarets o whiskerlas, y se explotaria como
promedio a 7 mujeres por “privado”.
57. El sistema de las “plazas” permitirla que el proxeneta que no cuenta con un
establecimiento propio pueda enviar a las vIctimas a distintos prostIbulos, cada vez
por un lapso de tiempo que varla entre una semana y 45 dIas, denominado “plaza”,
por el cual cobrarla una suma fij a de dinero, sobre la base de lo que las muj eres
explotadas puedan ilegar a recaudar. El sistema impediria que las muj eres ileguen a
establecer relaciones duraderas con un cliente al que podrIan liegar a pedir ayuda o
denunciar su situación, al mismo tiempo que responderla a la dernanda de “chicas
nuevas”.
Observaciones
58. La Relatora Especial sobre la violencia contra la muj er, con inclusion de sus
causas y consecuencias, lamenta no haber recibido respuesta a su comunicación
enviada el 10 de mayo de 2007 al Gobierrio de Argentina en el momento de
AIHRC/7/6/Add. 1
Page 19
finalización del presente informe y reitera su interés en recibir respuestas en relación
con las alegaciones sometidas.
Australia
Allegation letter
59. On 10 October 2007, the Special Rapporteur on violence against women,
jointly with the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people and the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance, sent an allegation
letter to the Government regarding the recent adoption of the Northern Territory
National Emergency legislation in response to the situation of child abuse in
Aboriginal communities.
60. According to information received, on 14 June 2007 the Northern Territory
Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse
released its final report Little Children are Sacred (Ampe Akelyernemane Meke
Mekarle). The outcome of a research of eight months, the report provided a blunt
description of the situation of “common, widespread and grossly under-reported”
sexual abuse of children, in particular of girls, in Northern Territory Aboriginal
communities, which is depicted as a “reflection of historical, present and continuing
social dysfunction.” The report contains a broad set of recommendations ranging from
prevention (including education, health services, housing, and employment measures)
to law and order, protection of children, and rehabilitation.
61. On 17 August 2007, following the proposals tabled by the Minister for Families,
Community Services and Indigenous Affairs, the Senate passed a package of
legislation integrated by the Northern Territory National Emergency Response Bill
2007; the Social Security and Indigenous Affairs and Other Legislation Amendment
(Northern Territory National Emergency Response and Other Measures) Bill 2007;
and the Families, Community Services and Indigenous Affairs and Other Legislation
Amendment 2007 (hereinafter “NTNER legislation”).
AIHRC/7/6/Add. 1
Page 20
62. The recently adopted NTNER legislation includes a number of extraordinary
measures applicable only to Aboriginal communities of Northern Territory, including
a system of alcohol restrictions, as well as offences for breaching these restrictions;
the acquisition of townships through five year leases; the licensing of community
stores; the audits of publicly funded computer, with offences for illicit use; a ban on
pornographic materials, an income management system; and changes to the
communities' permit system. These measures were coupled with a substantial increase
in the funding required to put them in place in the first twelve months after their entry
into force.
Reply from the Government
63. On 22 November 2007, the government replied to the letter sent on 10 October
2007. It stated that the measures which comprise the NTER are necessary to ensure
that indigenous inhabitants of the Northern Territory, and in particular indigenous
women and children in relevant communities, are able to enjoy their social and
political rights on an equal footing with other Australians.
64. The Australian Government declared to have taken immediate action following
the Little Children are Sacred Report which confirmed the strong link between
alcohol abuse, violence and the sexual abuse of children.
65. The Government said that the NTIER implements Australia's obligations under
the Convention on the Rights of the Child and claimed that the NTER was not in
contrast with the International Convention on the Elimination of Racial
Discrimination since the different treatment, indigenous people would be submitted
to, was based on objective and reasonable criteria that implement a legitimate purpose
under relevant treaties, including the Convention on the Rights of the Child.
66. It was maintained that the “special measures” for the purpose of the Racial
Discrimination Act 1975, which implements Australia's obligation under the
International Convention on the Elimination of Racial Discrimination, do not seek to
take away rights and freedom. Rather, they provide the foundation for rebuilding
AIHRC/7/6/Add. 1
Page 21
social and economical structures and give meaningful content to Indigenous rights
and freedom.
67. Furthermore, it was stressed that State and Territory child welfare and
authorities will be able to request the Government to income manage parents' welfare
payments in circumstances where they consider it is necessary to ensure that parents
meet their obligations to provide for their children's basic needs.
68. Regarding the consultation, the Government asserted that all prescribed
communities have been visited by teams from the Operation Centre and that a series
of regional community engagement workshops is underway. These workshops are
informing community members about the emergency response, providing an
opportunity for discussion, building relationships and seeking their involvement in the
implementation of the response. Also, the Centrelink (the Government's welfare
payment delivery agency) is meeting individually with those affected by the welfare
reform measures. Further, Government Business Managers have been appointed for
each community to provide an on-the-ground Government presence.
69. Moreover, the restrictions and general ban regarding alcohol and pornography
were claimed to be on all people in prescribed areas with the unique purposes of
helping these communities to deal with alcohol problems in a better way and avoiding
young children to be exposed to sexually explicit material with adverse effect on the
wellbeing and safety of these children. Also, the Government has introduced welfare
reforms in the NTBR to stem the flow of cash being used to buy substances such as
alcohol, drugs and pornography, and to ensure that money meant for children's
welfare is used for that purpose.
70. Additionally, it was stated that the Government will compulsorily acquire leases
over towns and communities specified by legislation for a period of five years. The
area of the land is less than 0.1 per cent of all indigenous land. The Government
considers this as crucial to removing barriers to implementing the NTBR. It will allow
the Government to stabilize communities and ensure that children live in a cleaner
environment with more sustainable housing. Further, underlying rights, title and
AJHRC/7/6/Add. 1
Page 22
interest of the indigenous owners will be preserved and compensation will be
provided whether payable.
71. Regarding the existing permit system, the Government affirmed it has created
close communities which has hidden from public view and allowed some people to
create a climate of fear and intimidation. Therefore, public access will be allowed for
common areas in maj or communities, but homes will remain private and sacred sites
will be respected. In fact, the permit system will be retained for 99.8 per cent of the
indigenous land.
72. Finally, the Government assured that, even if a court or bail authority will still
be able to consider customary law in limited circumstances, legislation makes it clear
that the decision to grant bail or impose a particular sentence should not be based on
whether the criminal behaviour would be assessed as less, or more serious, due to
customary law or cultural practice.
Observations
73. The Special Rapporteur would like to thank the Government of Australia for its
reply to her communication. She would like to appeal to the Australian Government
that, in its implementation of the Northern Territory National Emergency legislation,
it take all necessary measures to guarantee to indigenous women and girls the right to
be free from any form of violence, discrimination and abuse, and monitor and address
any negative impact on women of the implementation of this particular legislation. In
this respect, the Special Rapporteur recalls article 4 (c & d) of the United Nations
Declaration on the Elimination of Violence against Women, which notes the
responsibility of States to exercise due diligence to prevent, investigate and, in
accordance with national legislation, punish acts of violence against women, whether
those acts are perpetrated by the State or by private persons. To this end, States should
develop penal, civil, labour and administrative sanctions in domestic legislation to
punish and redress the wrongs caused to women who are subjected to violence.
Women who are subjected to violence should be provided with access to the
mechanisms of justice and, as provided for by national legislation, to just and
AIHRC/7/6/Add. 1
Page 23
effective remedies for the harm that they have suffered. States should, moreover, also
inform women of their rights in seeking redress through such mechanisms.
Bahrain
Allegation letter
74. On 25 October 2007, the Special Rapporteur on violence against women,
jointly with the Special Representative of the Secretary-General on the situation of
human rights defenders and the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression, sent an allegation letter concerning
Ms G J., a women's rights activist and involved in the Bahrain Women's Petition.
75. According to information received, in early October, a formal governmental
decision has been revealed concerning a prohibition for Ms. G J. to appear in the
Bahraini press, including radio, television and all local newspapers. Allegedly, this
prohibition may be related to a letter that she sent to His Highness the King of
Bahrain calling for the dissolution of the Supreme Council for Women, which is
chaired by Her Highness Sheikha Sabika Bint Ibrahim Al Khalifa.
76. Ms. G J. had already faced charges in the past related to her professional
activities. In 2005, she was criminally prosecuted for allegedly criticizing family
judges. These proceedings were later discontinued. This case was the subject of a joint
urgent appeal sent on 13 June 2005 by the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, the Special Rapporteur
on violence against women, its causes and consequences and the Special
Representative of the Secretary-General on the situation of human rights defenders.
Since 2006, Ms. G J. has allegedly been placed under surveillance, having her
activities and movements monitored by security officials.
Observations
AIHRC/7/6/Add. 1
Page 24
77. The Special Rapporteur regrets that the Government of Bahrain did not reply to
her communication sent in 2007 and reiterates her interest in receiving a response
from the Government in regard to the allegations submitted and would be particularly
interested to know whether these cases have resulted in any prosecutions of alleged
perpetrators.
78. Furthermore, the Special Rapporteur deems it appropriate to make reference to
article 7(c) of the Convention on the Elimination of all Forms of Discrimination
against Women which explicitly provides for the promotion and protection of women
in freely participating in public matters. States agreed to take all appropriate measures
to eliminate discrimination against women in the political and public life of the
country and, in particular, to ensure to women, on equal terms with men, the right to
participate in non-governmental organizations and associations concerned with the
public and political life of the country. Further, the Special Rapporteur wishes to
reiterate the principle reiterated in Resolution 2005/38 of the Commission on Human
Rights which calls on States to facilitate the full, equal and effective participation and
free communication of women at all levels of decision making in their societies.
Bangladesh
Response from the Government to an allegation letter sent in 2006
79. On 17 November 2006, the Special Rapporteur on violence against women, its
causes and consequences and the Special Rapporteur on the question of torture sent an
allegation letter to the Government of Bangladesh concerning M. K., a 14-year old
girl, and her brother R. I., both residing in Uttar Chandani Mahal, Dighalia police
station section, Khulna district. M. K. was on the receiving end of an attempt of rape
and his brother was beaten. The full details of the allegations submitted have been
reflected in the Special Rapporteur's previous report on communications sent and
received. 5
5 A/HRC/4/34/Add. 1.
AIHRC/7/6/Add. 1
Page 25
80. On 4 April 2007, the Government replied to the letter and stated that the
allegations as referred to in the communication have been duly investigated by the
concerned authorities in Bangladesh. Findings of the investigation were attached,
responding specifically to questions asked by the Special Rapporteurs:
- The alleged facts stated in the summary of the case are not accurate.
- On 30 July 2006, a complain against assistant sub inspector (ASI) M. A.
of Khulna district police was lodged by victim M. K. to the learned
“Woman and Children Repression Prevention Tribunal”, Khulna.
Subsequently, the Magistrate 1 st class Mr. Z. R., Zone-A, Khulna was
directed by the learned Judge of the Tribunal to conduct a judicial enquiry
into the matter. The learned Magistrate submitted a report on 25 February
2007 stating that no prima-facie case was made out in the enquiry.
- An enquiry was held by Ms. R. B., assistant superintendent of the police
(HQ), Khulna also. She found that on 21 July 2006 at about 3 pm, acting
on a tip-off ASI M. A. along with a two constables rushed to the house of
a wanted terrorist named R. I. (26), the victim's brother, son of late H. at
H. D. (dacoit) of village North Chandnimahal, police station-Digholia,
District-Khulna. Sensing the presence of police, R. I. tried to run away
from his house. Constable-1535 M. M. A. was sent to the nearest police
camp for effecting reinforcement. Again, R. I. made an attempt to flee.
But, ASI M. A. swooped on and arrested him. Then some of his relatives
including M. K. arrived there and tried to free R. I. from police custody.
At one stage, ASI M. A. was also assaulted by the relatives o R. I.
However, he managed to round up R. I. Having been reinforced, police
brought the situation under control. Then, R. I. and his accomplices were
taken to Digholia police station and a case was registered against them
(Case No-07 dated 42 July 06 under section 186/224/225/320/353/511 of
Penal Code). After due investigation, a charge-sheet was submitted against
04 (sic) persons including R. I. At the time of writing the case was under
trial. In course of enquiry, it was revealed that R. I. was arrested in broad
daylight just on the baiik of the pond. So the complain of attempt to rape
A/HRC/7/6/Add. 1
Page 26
his sister Ms. M. K. and demanding bribe are totally baseless and
fabricated.
- No compensation has been provided to the victim or the family of the
victim by any organization so far.
Allegation letter
81. On 16 January 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Rapporteur on the independence of
judges and lawyers sent an allegation letter to the Government concerning Mrs. A. R.
M. (born 11 November 1989), wife of Mr. J. M., from Khaliar Chak village, under the
Paikgachha police station in Khulna district.
82. According to information received, on 23 July 2006, Mr. P. M., member of a
rich and influential family and reportedly not related to the victim, allegedly raped
Mrs. A.R. M. when she was alone at home. Upon hearing her crying for help, her
neighbours and her husband, who arrived home by then, apprehended Mr. P. M. Soon
after, Mr. P. M.'s brother, Mr. K. M., the son, Mr. B. M., and two relatives, Mr. S. M.
and Mr. B. N. M., allegedly arrived on the scene, physically assaulted the victim and
her family, including her husband, and took Mr. P. M. away thereby preventing him
from being handed over to the police.
83. The Investigation Officer of the rape case, Sub Inspector Mr. M.U., submitted
the Charge Sheet No. 141 to the Paikgachha Magistrate's Cognizance Court under
section 9 (1) of the Women and Child Repression Prevention Act-2003. However, in
his investigation report, Mr. M.U. submitted the charge against only the alleged
perpetrator, Mr. P.M. The assault charges against the other four alleged perpetrators
of the assault have been dropped even though the report mentions that while Mr. P.M.
was raping the victim, he was apprehended by her family. Later, Mr. P.M. ‘s brothers
and nephews came to the house, assaulted the victim's family members and took Mr.
P.M. away. The Superintendent of Police of Khulna district, Mr. M.I. supervised the
case in person by visiting the scene and, having interviewed the eyewitnesses,
officially forwarded the police investigation report to the court, but failed to identify
A/HRC/7/6/Add. 1
Page 27
the involvement of the fellow perpetrators. The case has now been forwarded to the
Women and Child repression Special Tribunal of Khulna for trial.
84. As of 6 December 2006, the perpetrators allegedly complicit in the incident
have not been arrested or charged. It is alleged that the police officers who dropped
the assault charges against the four accomplices might have been bribed. The victim,
her family and the case witnesses are subjected to threats. Mr. P.M. is allegedly
pressuring the victim to withdraw the case by threatening to use his wealth and
influence to bribe the police and ensure that they submit a false “Final report”. It is
also alleged that Mr. P.M: allegedly also threatened a key witness trying to cause
them to make false affidavits in his favour.
Response from the Government
85. On 25 January 2007 the Government of Bangladesh acknowledged receipt of
the communication and on 25 May 2007, it replied to the allegation letter dated 16
January 2007 concerning the alleged rape of Mrs. A R M of Paikgacha Police Station,
District: Khulna, Bangladesh.
86. The Government stated that the allegations as referred to have been investigated
by concerned agencies in Bangladesh. Mrs. A R M wife of Mr. Z M of village: Kahar
Chak, Police station: Paikgacha, district: Khulna lodged an First information Report
(F.I.R) against Mr.? M, son of late S N M of the same village at Paikgacha Police
Station under section 9 (1) “women and Children repression Prevention Act 2000(
amendment 2003)” on 25.7.2006. The investigations officer (1.0) of the said criminal
case submitted charge sheet (No.141, dated 11.9.2006) against Mr. P M under section
8(1) of the said Act in the concerned court.
87. According to medical expert's opinion, there was no sign of forcible sexual
intercourse with the victim Mrs. A R M. On 25 January 2007, Mrs. M. declared
through an affidavit that she was not raped by Mr. P. M. In her affidavit she also
mentioned that there was a dispute between Mr. P. M. and her husband on land
property issue. Mrs. M. confirmed that she had only an altercation with Mr. P. M.
AIHRC/7/6/Add. 1
Page 28
about the disputed property of her husband. The alleged rape incident is, therefore,
categorically ruled out.
88. The case against Mr. P. M. was under trial in the special Tribunal, Khulna. In
the meantime, the alleged accused Mr. P. M. has been granted bail by the Hounorable
High Court Division, Dhaka. The victim and the accused will receive fair judgement
as guaranteed by the law of the land.
89. On 13 June 2007, the Government sent to the Special Rapporteur a letter with
the affidavit signed by Ms. A. R. M. The content of the affidavit correspond to what
the Government affirmed in its previous letter to the Special Rapporteur.
Observations
90. The Special Rapporteur would like to thank the Government of Bangladesh for
its replies to her communication.
Brazil
Allegation letter
91. On 9 November 2007, the Special Rapporteur on Violence against women,
jointly with the Special Rapporteur on adequate housing as a component of the right
to an adequate standard of living, the Special Rapporteur on the right to food, the
Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, sent an allegation letter regarding the human rights situation of the
Guarani Kaiowá community of Nhanderu Marangatu, in the state of Mato Grosso do
Sul, including recent allegations regarding abuses perpetrated by private security
guards contracted by local farmers. The reported abuses against local communities by
personnel of private security companies were the subject of a joint communication
sent by the Special Rapporteur on the right to food and the Chairperson of the
Working Group on the use of mercenaries on 8 November 2007 (BRA 18/2007).
A. The legal status of the Nhanderu Marangatu Indigenous Land
AJHRCI7/6IAdd. 1
Page 29
92. According to the information received, the Guarani Kaiowá community of
Nhanderu Maragantu, integrated by 500 members, has been gradually expelled from
their traditional lands in Mato Grosso do Sul by the opening of large commercial
farms. Since 1999, they lived in an area of 26 hectares on the margins of road MS
384, in tarpaulin shacks, in the access to the ranches Fronteira, Morreo Alto and
Cedro. Since 2004, the Guarani Kaiowá started to reoccupy their traditional lands then
in hands of private owners, occupying an area of 400 hectares within the boundaries
of several private farms.
93. The Nhanderu Marangatu Indigenous Land was officially recognized by
Presidential Decree of 28 March 2005, which ratified the demarcation previously
undertaken by the National Indian Foundation (FUNJA) of the GuaranI Kaiowá
traditional lands. The land demarcated included an area of 9, 17 hectares within the
municipality of Antonio João, in the State of Mato Grosso do Sul.
94. The process of official recognition of the Nhanderu Marangatu indigenous land
was however suspended by injunction of President of the Federal Supreme Court
(STF) on July 2005, in response to an appeal filled by local farm owners, ordering the
forceful eviction of the Guarani Kaiowá settlement in the Fazenda. On 15 December
2005, the eviction took place with the support of more than 150 members of the
armed forces, including Federal police and military police. During their eviction,
several of their properties were set on fire by private security guards contracted by
local farmers.
95. As a result of this eviction, the cormnunity was resettled in the earlier location
of 26 hectares on the margins of the road MS 384, in precarious conditions. During
their resettlement, they reportedly experienced severe shortage of food and water, and
unsanitary conditions, and numerous cases of malnutrition and maladies of the
community's children were reported.
96. In August 2007, the Guarani Kaiowá community, in the framework of an
agreement between the authorities and the local ranchers, returned to occupy 100
AIHRC/7/6/Add. 1
Page 30
hectares of theirs traditional lands within the area homologated by the Presidential
Decree, in order to allow for the asphalting of road MS 384. In their current location,
the community awaits the final decision of the courts in order to take possession of
their traditional lands, as identified in the 2005 Presidential Decree.
B. Alleged abuses by private security guards
97. Tn addition, we have received numerous reports regarding alleged human rights
perpetrated by private security guards employed by local farm owners against the
members of the Guarani Kaiowá community of Nhanderu Marangatu. It is alleged
that these abuses have increased after the indigenous community was evicted from
their traditional lands on 15 December 2005, and that are committed with the
intention of intimidating community members against their attempts to recover their
traditional lands.
98. Reported abuses include the killing of Mr. D. R., a 45 years-old Guarani
Kaiowá, on 24 December 2005. Mr. D. R. was reportedly shot in cold blood by a
security guard employed by the Fronteira farm in the vicinities of the farm, who
approached the victim and his two companions in a car, while they were on their way
to gather vegetables from their small vegetable garden in preparation for the
Christmas festivities.
99. According to the reports we have received, the reported abuses by security
guards have increased since the community moved to their temporal resettlement
within the private ranches of Niianderu Marangatu, in August 2007. Since their
resettlement, an approximate of 30 private security guards of the Gaspem company
have been contracted by local landowners, have been deployed in the vicinities of the
community's encampment, leading to a situation of increased tension.
100. Various episodes of sexual violence against Guarani Kaiowá women by private
security guards have been reported. On 12 October 2007, at approximately 10.00 am,
a group of four security guards attacked Ms. E. R. and her husband, Mr. V. N., while
they were searching for firewood. After the guards battered her husband, Ms. B. R.
suffered an attempted rape. During the same day, at approximately 4.00 pm, a similar
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Page 31
attack was suffered by Ms. S. R. and her husband Mr. A. F. V., in the company of
their 9 years-old son. While Mr. A. F. V. was taken away and was severely beaten by
the guards, Ms. S. R. was hit with a rifle butt and thrown to the ground, were she
received several blows and was subject to sexual violence, in front of her child.
Reportedly, Ms. S. R. eventually managed to escape, but she had to be hospitalized
with strong pain on her chest.
101. In addition, according to the allegations, private security guards have repeatedly
harassed the indigenous community, including by firing shots in the air. In this
connection, it is reported that, on 5 October 2007, security guards opened fire at a
distance of 50 m from the community's houses as a form of intimidation. On 30
October 2007, security guards fired shots in the air near a group of children while they
were playing. Moreover, it has been reported that the personnel of the neighbouring
farms have continuously subjected the community to surveillance, taking films and
pictures of community members in the distance.
102. On 31 October, a police patrol reportedly irrupted during a ceremony being
performed by the community in homage to the dead. The police's operation was
allegedly in response to denounces made by local ranchers, which claimed that the
community was trying to invade ranch lands.
Observations
103. The Special Rapporteur regrets that the Government of Brazil did not reply to
her communication and reiterates her interest in receiving responses from the
Government in regard to the allegations submitted and would be particularly
interested to know whether these cases have resulted in any prosecutions of alleged
perpetrators.
104. The Special Rapporteur would like to draw the attention of the Government to
article 22, paragraph 2, of the United Nations Declaration on the Rights of Indigenous
Peoples which stipulates that States shall take measures, in conjunction with
indigenous peoples, to ensure that indigenous women and children enjoy the full
AIHRC/7/6/Add. 1
Page 32
protection and guarantees against all forms of violence and discrimination. In
addition, the Commission on Human Rights, in its resolution 2005/4 1 on the
Elimination on Violence against Women, calls on States to address the specific
circumstances facing indigenous women and girls in relation to gender-based
violence, especially sexual violence, arising from multiple, intersecting and
aggravated forms of discrimination, including racism, paying particular attention to
the structural causes of violence. In this respect the Special Rapporteur recalls article
21, paragraph 2, of the United Nations Declaration on the Rights of Indigenous
Peoples, which recognizes that States shall take effective measures and, where
appropriate, special measures to ensure continuing improvement of the economic and
social conditions of indigenous peoples, and that particular attention shall be paid to
the rights and special needs of women, youth and children, among others.
105. Furthermore, the Special Rapporteur would like to stress that the Committee on
the Elimination of All Forms of Discrimination has referred extensively to the right of
indigenous peoples to own, develop, control and use their communal lands, territories
and resources. In this respect, States should make every effort to ensure that no
decisions directly relating to indigenous peoples' rights and interests are taken
without their prior informed consent. 6 Significantly, this implies certain practices
aimed at safeguarding rights should be upheld when the State grants companies access
to indigenous lands and territories for resources exploitation.
Colombia
Carta de alegación
106. El 19 de noviembre de 2007, la Relatora Especial sobre la violencia contra la
mujer, con inclusion de sus causas y consecuencias, envió una carta de alegación al
Gobierno de Colombia en relación con el supuesto asesinato de I. Y. S. por miembros
del grupo “Las Aguilas”, en la ciudad de Buenaventura, Departamento de Valle del
Cauca.
6 General Recommendation 23 on the rights of indigenous peoples, paragraph 4(d).
AJHRC/7/6/Add. 1
Page 33
107. Segán las alegaciones recibidas, el dIa 24 de agosto del 2007, a las 15:00 de la
tarde, I. Y. S., de 16 aflos de edad, estudiante de décimo grado de bachillerato, habria
salido del colegio en compafila de una compaflera de clase cuya identidad se
desconoce. Se alega que carninaron par el barrio Baja Firme de la ciudad de
Buenaventura, cuando al liegar a la calle de Ramiro, fueron supuestamente abordadas
par miembros del grupo armado conocido como “Las Aguilas” quienes habrIan
obligado a I. Y. S. y a su compafiera a trasladarse a la calle de la Guarapera, en el
barrio Lleras.
108. Se informa de que los miembros del grupo armada habrIan golpeado en varias
ocasiones a la compaflera de I. Y. S., exigiéndole “que dijera los nombres de las
mujeres de los guerrilleros” antes de dej aria marcharse.
109. Se alega además de que esa misma noche del dIa 24 de agosto, los familiares de
I. Y. S. habrian sido informados de su muerte, supuestamente ocurrida en el barrio
Lieras. Se informa de que los paramilitares tras la petición par parte de los familiares
de I. Y. S. de la entrega del cuerpo de la vIctima, respondieron a los familiares de la
siguiente manera: “Esto es para que aprendan a ser novias de guerrilleros, el cadaver
va a permanecer toda la noche amarrado a un paste de la energIa. Vengan mañana y
se lo pueden lievar”.
110. Segün las alegaciones recibidas, el cuerpo sin vida de I. Y. S. habrIa
permanecido toda la noche en la calle, y al dIa siguiente, 25 de agosto, los miembros
del grupo “Las Aguilas” habrian sacado los órganos del cadaver antes de arroj arlo al
mar. Se informa además de que cuando los familiares de I. Y. S. habrIan logrado
rescatar el cuerpo del mar, habrIan percibido que éste presentaba heridas de cuchillo
par todo el cuerpo.
111. Se teme que la relación sentimental de I. Y. S. con un miembro de la guerrilla,
sea el motivo de su supuesto asesinato
Observaciones
AIHRC/7/6/Add. 1
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112. La Relatora Especial sobre la violencia contra la mujer, con inclusion de sus
causas y conseduencias, lamenta no haber recibido respuesta a su comunicación de 19
de noviembre de 2007 en el momento de finalización del presente informe y reitera su
interés en recibir respuestas en relación con las alegaciones sometidas.
Ecuador
Liamamiento urgeilte
113. El 17 de septiembre de 2007, la Relatora Especial sobre la violencia contra la
muj er, con inclusion de sus causas y consecuencias, junto con el Relator Especial
sobre la situación de los derechos humanos y las libertades fundamentales de los
indIgenas y el Representante Especial del Secretario-General para los defensores de
los derechos humanos, enviaron un ilamamiento urgente al Gobiemo de Ecuador en
relación con el supuesto ataque sufrido por las Sras. G. U. y R. G., la primera lideresa
del pueblo indIgena zapara e integrante de la organización Nacionalidad Zapara de la
Arnazonia Ecuatoriana (NAZAB) y la segunda lideresa de las comunidades indIgenas
andoas, que trabajan conjuntamente con las comunidades zaparas en la defensa de sus
derechos humanos y sus territorios tradicionales.
114. Segdn la información recibida, el 26 de agosto del 2007, en la ciudad de Puyo,
en el transcurso de los Juegos IndIgenas, la Sra. E. N. se acercó a la Sra. G. U. en la
calle, invitándola a ella y a la Sra. R. G. a su casa para hablar sobre la posibilidad de
colaboración en su trabajo con las cornunidades indigenas.
115. Aproximadarnente a las 9.00 pm del mismo dIa, estando reunidas las Sras. G. U.
y R. G. en el patio de la casa de la Sra. B. N., en la calle Santo Domingo, un hombre
habrIa entrado y les habrIa atacado con gas lacrimogeno. En ese mornento, otros tres
hombres habrIan entrado en el patio y habrIan golpeado a ambas con los pufios, con
los pies y con porras, La Sra. G. U. habria sido también golpeada en la cabeza con una
piedra. Posteriomiente, los asaltantes habrIan encelTado a las Sras. G. U. y R. G. en el
maletero de un coche y las habrian abandonado en la carretera durante la madrugada.
Las dos muj eres habrIan sido supuestamente violadas durante su secuestro.
A/HRC/7/6/Add. 1
Page 35
116. Dos de los asaltantes habrian sido identificaclos por las vIctimas como los Sres.
N. S. V. y J. C. F., éste i. 1timo miembro de la policIa.
117. Se alega que las Sras. G. U. y R. G. habrIan tratado de denunciar el incidente a
la policla en Puyo, pero que su denuncia habrIa sido ignorada. Se alega asimismo que
no habrian recibido un tratamiento medico adecuado en relación con las graves
secuelas fisicas del ataque.
118. Segiin las infonnaciones, las Sras. G. U. y R. G. habrIan recibido amenazas de
muerte en los i tltimos meses después de que NAZAE iniciara acciones legales para la
defensa de sus comunidades frente a intereses comerciales.
Observaciones
119. La Relatora Especial sobre la violencia contra la mujer, con inclusion de sus
causas y consecuencias, lamenta no haber recibido respuesta a su comunicación de 17
de septiembre de 2007 en el momento de finalización del presente informe y reitera su
interés en recibir respuestas en relación con las alegaciones sometidas.
Fiji
Urgent appeal
120. On 25 January 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Representative of the Secretary-
General on the situation of human rights defenders sent an urgent appeal to the
Government regarding Ms I. J. and Ms V. B.. Ms V. B. was one of six pro-democracy
activists who were arrested by the military on the night of 24 December 2006.
121. According to information received, on 15 December 2006, Commodore V. B.,
reportedly issued a warning against Ms I. J. and Ms V. B., to ‘stop saying things that
could incite civil unrest', and further implied that if they did not heed his warning the
military would take action against them.
AJHRC/7/6/Add. 1
Page 36
122. Furthermore, on 14 December 2006, Ms I. J.'s husband, Mr R. S. T., was
informed that Iris contract as Chief Executive Officer of Air Fiji Limited (AFL) would
be terminated as of 31 December 2006, under a Directive issued by Commodore V. B.
In the same Directive, Commodore V. B. announced that Ms I. J. was to be removed
from the Board of Post Fiji (PSL). Ms I. J. refused to accept the legitimacy of her
termination as Board member, and responded on 20 December 2006, by conveying
her apologies to the Chief Executive for not attending board meetings, as she would
be out of the country. However, on 11 January 2007, Ms I. J. was informed through
the FWRM that a travel ban had been issued against her and Ms V. B., preventing
both women from leaving Fiji.
123. On 4 December 2006, whilst participating in the annual National Judicial
Conference, Ms I. J. reportedly received a call to her mobile phone during which the
caller warned her to be careful and threatened to rape her. According to reports the
call was traced to a phone booth outside the military barracks in Nabua, Suva. It is
believed that the call was in response to a report published by Ms I. J. in the Fiji
Times on 30 November 2006, which criticized the military coup in the country.
124. Concerns were expressed that the series of acts of intimidation and harassment
including the dismissal of Ms I. J.'s husband, as outlined above, form part of an
ongoing campaign against human rights defenders in Fiji, and in particular Ms I. J.,
Ms V. B. and members of the FWRM, the FUi Women ‘s Crisis Centre (FWCC) and
the Pac fIc Centre for Public Integrity (PCPI). Serious concerns were expressed that
the afore-mentioned events, in particular the threat of sexual violence may be the
latest attempts to silence women human rights defenders because of their legitimate
activities in monitoring the human rights situation in Fiji.
Urgent appeal
125. On 29 January 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, the Special Rapporteur
on the question of torture and the Special Representative of the Secretary-General on
A!HRC/7/6/Add. 1
Page 37
the situation of human rights defenders, sent an urgent appeal to the Government
regarding Ms. L. D., a Fijian businesswoman. Ms. Digitaki is associated with the pro-
democracy movement in Fiji for turning her own office into a ‘Pro-Democracy Shrine'
that has featured quite often in the media. Banners covered the outside of her office
with statements such as, “Democracy is our right”, “Yes to Democracy, No to guns”,
“Ballots not bullets” and “By the vote we elect the government by the vote we remove
the government”.
126. According to information received, on Christmas Eve, 24 December 2006, at
approximately 23:20, Ms. L. D.'s home was visited by a group of military soldiers.
The soldiers requested that Ms. L. D. accompany them to a military camp for
questioning. She was told that if she did not comply with their request she would be
taken by force. On arrival at the camp Ms. L. D. was escorted through a passageway
lined with cells, one of which contained her business partner Mr. I. I.; Ms. L. D. was
subsequently detained in a dark cell. After a period of 20 minutes she was taken from
the cell and asked to accompany a number of soldiers to Mr. P. W.'s house, a friend
and fellow pro-democracy supporter. Ms. L. D. complied with the request.
127. On her return to the camp, Ms. L. D. was led to a dark hall where Ms V. B., was
waiting. Ms. V. B. was the subject of an urgent appeal sent on 25 January 2007 by the
Special Rapporteur on violence against women, its causes and consequences and the
Special Representative of the Secretary-General on the situation of human rights
defenders. Ms. L. D. and Ms. V. B. were subsequently subjected to a barrage of verbal
abuse and torture, during which Ms. L. D. was threatened at gunpoint and made to lie
face down on the ground. After enquiring if she was pregnant, one of the soldiers
proceeded to jump on her back.. The ordeal lasted approximately 45 minutes, after
which Ms. L. D. and Ms. V. B., along with four other pro-democracy activists,
including Mr. I. I. and Mr. P. W., were ordered to run to the camp gate. The group
was followed outside the camp by two military trucks and they were forced to run
some distance by the soldiers.
128. Before returning home, Ms. L. D. passed by her office. The office had been
trashed and raided and the pro-democracy banners which used to cover its outside
A/HRCI7I6/Add. 1
Page 38
were removed. Graffiti was on the wall saying “Merry Xmas Happy New Year Laisa
Chang”. (The reference is a derogatory one, referring to one of her male business
clients. Ms. L. D. is one of the few businesswomen dealing in a male dominated
corporate world in Fiji and she is often accused of sleeping with all her male
associates. Similar comments were made by officers while she was in detention on
24-25 December 2006).
129. Previously on 9 December 2006, a group of armed men broke into the pro-
democracy shrine, tearing down banners and damaging the property.
130. At the time of writing Ms. L. D. in hiding, in order to protect herself from arrest
after a statement she made outlining the events of 24 December 2006, was made
public, and fears for her physical integrity.
131. Concerns were expressed that the series of acts of intimidation and harassment,
as outlined above, form part of a growing campaign against human rights defenders in
Fiji. Serious concerns were expressed that the afore-mentioned events may be the
latest attempt to silence Ms. L. D. because of her human rights activities, in particular
her pro-democracy stance and defending the right to freedom of expression in Fiji.
Observations
132. The Special Rapporteur regrets that the Government of Fiji did not reply to any
of her communications sent in 2007 and reiterates her interest in receiving responses
from the Government in regard to the allegations submitted and would be particularly
interested to know whether these cases have resulted in any prosecutions of alleged
perpetrators.
AIBIRC/7/6/Add. 1
Page 39
Guatemala
Liamamiento urgente
133. El 15 de junio de 2007, la Relatora Especial sobre la violencia contra la mujer,
con inclusion de sus causas y consecuencias, junto con el Representante Especial del
Secretario-General para los defensores de los derechos humanos, enviaron un
liamamiento urgente al Gobierno de Guatemala en relación con los asesinatos de la
Sra. M. C. G., encargada de Pastoral de la Mujer para las comunidades de Santa Ana
y El Chal, en el departamento de Petén y sus hijos; del Sr. J. C. G. (24 anos); los
ataques en contra de la Sra. E. C. G. (18 aflos), miembros del Equipo de
sensibilización de la Asociacián de Mujeres Ixqik de Petén (AMPI), y las amenazas en
contra de 0. U. y otros miembros/as de dicha asociación.
134. De acuerdo con la información recibida, el 3 de junio de 2007, hacia las
5:30pm, dos hombres armados se habrian acercado en coche a la tienda ubicada en la
casa de las Sras. E. C. G. y M. C. G., en El Chal, presuntamente para comprar
bebidas. Uno de los desconocidos habria entrado en ci domicilio de la familia y
habria disparado por la espalda al Sr. I. C. G., quien falleció en el acto El otro
individuo se habrIa acercado a la Sra. E. C. G y le habrIa disparado, hiriéndola en el
brazo. Al darse cuenta de lo sucedido, la Sra. M. C. G corrió y abrazó a su hija, por
lo que recibió el resto de disparos, falleciendo en ci acto.
135. Segün se informa, la Sra. 0. U., integrante de Ixqik, habrIa denunciado que el 1
de junio de 2007, hacia las 10:00pm, un individuo haciéndose pasar por borracho
empezó a gritar enfrente de su casa, amenazando con tener una bomba con 61.
Asimismo, durante el mes de mayo de 2007, varios miembros del equipo de
sensibilización habrIan recibido mensaj es de texto amenazantes, uno de los cuales
decIa ‘Nosotros vamos adelante.. .ya vas a ver qué te va a pasar'.
136. Además, en ci 2005, la Asocictción de Mujeres Ixqik de Petén habrIa sufrido
una serie de amenazas y actos de intimidación, entre los que se incluyen varios
allanamientos y un intento de asesinato.
A/HRC/7/6/Add. 1
Page 40
137. Condenamos los asesinatos del Sr. J. C. G. y de la Sra. M. C. G y expresamos
nuestra profunda preocupación por la seguridad e integridad fisica de la Sra. B. C. G
asI como por la del resto de los miembros de la Asociacio'n de Mujeres Ixqik de Petén
(AIVfPI). Además se teme que estos casos, puedan estar relacionados con la actividad
de dicha organización en defensa de los derechos humanos, en particular en su lucha
por la democracia en Guatemala.
Respuesta del Gobierno
138. El 7 de diciembre de 2007 el Gobierno de Guatemala envIo a la Relatora
Especial información relativa al caso. El Gobiemo declara que en una reunion de la
Comisión Presidencial Coordinadora de la Politica del Ejecutivo en Materia de
Derechos Humanos con la Asociación de Muj eres de Perén Jxquik, las representantes
de esta iiltima manifestaron que la información relacionada con el hecho ocurrido el
dIa 3 de junio 2007, en el que murieron dos personas, no tiene relación con las
actividades que desarrollan en la Asociación. En cuanto a los demás hechos
manifestados por las miembros de la Asociación, se encuentran en fase de
investigación a cargo del Ministerio PiThlico, habiéndose presentado denuncias a la
PolicIa Civil y al Ministerio PiThlico de los hechos relacionados.
139. En cuanto a los hechos del dIa 3 de junio de 2007, se informa que el Ministerio
Pi iblico está llevando a cabo una investigación, cuyo resultado se trasladará
oportunamente a la Relatora Especial.
140. Con relación a las amenazas recibidas por los integrantes de la Asociación de
Mujeres, el Gobierno informa que:
- El 31 de octubre de 2005, la FiscalIa Distrital de El Petén, inicia la
investigación en relación a la denuncia de la Organización sobre el supuesto
allanamiento.
- Posteriormente, el 7 y 10 de noviembre, la organización fue de
nuevo vIcti.ma de allanamiento y robo, por lo que la Fiscalla, inicia la
investigación correspondiente para establecer silos ataques tienen relación al
AIHRCI7I6IAdd. 1
Page 41
trabaj o que desarrolla la Organización de Muj eres 0 Si se trata de delincuencia
com Ln.
- Se informa, que el proceso the trasladado a la unidad de Delitos
Cometidos contra activistas de Derechos Humanos de la Ciudad de
Guatemala, para que se contináe con los trámites correspondientes.
- Se informa que entre el 31 de octubre y el 11 de noviembre de 2005,
como parte de la investigación, se ordena al Servicio de Investigación
Criminal, que realicen entrevistas a vecinos y miembros de la Asociación, se
realizan inspecciones oculares, levantando huellas, se toman fotografias del
lugar, se ileva a cabo el embalaje de indicios, que posteriormente serán
trasladados al Almacén de Evidencias del Ministerio Püblico, y se solicitó a la
representante legal de la Organización, información sobre sus miembros, se
documentó en acta el traslado de cinco paletas de vidrio utilizadas para
ventanas de aluminio y una mesa de madera que contiene marcas de pisadas
de calzado al Almacén de Evidencias del Ministerio PiIblico de San Benito,
Petén, y se recibieron las siguientes declaraciones testimoniales:
o G. 0. C. M., no individualiza a ninguna persona,
o 0. L. U. M., quien hizo referencia al detalle de que
recibió una llamada telefónica el dia del primer allanamiento ilegal a
las oficinas de la Asociación, no precisó ningiin ni imero,
o I. B. T. Q., especificamente se refirió a una cámara
fotográfica la cual contenla un rollo utilizado para tomar fotografias de
miembros de la Asociación con ocasión de una caminata realizada, no
individualiza a persona alguna,
o C. I. C. R., no individualiza a persona alguna.
- El 21 de noviembre de 2005, se solicitó al Juzgado de Primera
Instancia Penal y Delitos Contra el Ambiente de San Benito, Petén, Control
Jurisdiccional del presente caso, siendo notificado el Ministerio PiThlico el dIa
6 de diciembre de 2005.
- El 31 de enero de 2006, se recibe el expediente en la Unidad de
Delitos cometidos contra Activistas de Derechos Humanos de la Ciudad de
Guatemala, quienes continuaron con lo diligenciado por el Ministerio Rãblico
de El Petén.
AIHRC/7/6/Add. 1
Page 42
- El 23 de febrero de 2006, se recibió el informe de la Unidad de
Especialistas de Escena del Crimen del Ministerio Püblico del Petén, el cual
contiene fotografias de la sede de la Asociación, de las evidencias y de las
cuales se concluye que la posible huella de caizado solo quedó documentada
por medio de fotografias y video, no siendo posible revelar la huella, por ello,
no se puede establecer el nümero de la horma de caizado, tipo, marca, peso,
estatura de la persona que utiliza ese caizado. En las paletas de vidrio, martillo
y cuchillo, no se encontraron huellas, lo que indica un resultado negativo para
poder hacer un posterior cotejo”.
141. El 5 de septiembre de 2006, se recibió copia del informe de investigación del
Servicio de Jnvestigación Criminal de la Policla Nacional Civil, en el que se
manifiesta que la escena del crimen ya habla sido manipulada, por lo que no habIa
suficientes evidencias.
142. El Gobiemo informó que se están lievando a cabo las investigaciones oportunas,
no habiendo sido ai n posible identificar a los supuestos actores del delito.
143. Con relación alas medidas cautelares tomadas para proteger a los integrantes de
la Asociación, el Gobierno informó que:
- Los miembros de la Asociación de Mujeres, solicitaron medidas
cautelares ante la Comisión Interamericana de Derechos Humanos. Dado que
tales medidas no fueron concedidas, el Estado, decidió brindarles protección a
través del Cuerpo de PolicIa. Actualmente consiste en la presencia de
miembros de seguridad en las instalaciones de la Asociación, asI corno
seguridad perimetral en las residencias de algunos de sus miembros.
- El 10 de noviembre 2005, la Estación Policial de Santa Elena
Flores, Petén, indicó que se le dio instrucciones para realizar patrullas
constantes en la periferia de las instalaciones de la Asociación, agregando que
continuarán vigilando este sector.
- La representante de la Asociación de Mujeres indicó que B. C. G. se
trasladó de domicilio, por lo que su vida ya no cone peligro.
Carta de alegación
AIHRC/7/6/Add. 1
Page 43
144. El 30 de noviembre de 2007, la Relatora Especial sobre la violencia contra la
rnuj er, con inclusion de sus causas y consecuencias, junto con el Relator Especial
sobre la yenta de niflos, la prostitución infantil y la utilización de niflos en la
pornografia y el Relator Especial sobre los derechos humanos de los migrantes,
enviaron una carta de alegación al Gobiemo de Guatemala en relación con las
adopciones internacionales de miles de nifios.
145. Segán la información recibida, en Guatemala airededor de 5000 y 6000 niflos
serlan dados en adopción cada aflo, convirtiendo a Guatemala en el segundo pals del
mundo con mayor nümero de adopciones internacionales, después de China. La
demanda internacional provendria principalmente de familias estadounidenses, las
cuales pagarlan entre 13 y 40 mu dólares para “adquirir” un bebé guatemalteco.
146. La violencia contra las mujeres serla un factor a tener en cuenta, ya que bebés
productos de violación sexual estarian siendo dados en adopción, en donde las madres
serlan coaccionadas o engafladas para dar al recién nacido en adopción. La critica
situación económica y social en que se encuentran estas mujeres seria otro factor que
las hacen vulnerables a ser vIctimas de las redes de nifios que se dedican a
adopciones.
147. En Guatemala se estarla lievando a cabo adopciones intemacionales ilegales de
menores de edad, y en gran parte de los casos, con el engaflo a sus familias. La mayor
parte de las adopciones, el 99.7%, se haria por via notarial, teniendo como base en la
Ley Reguladora de Tramitación Notarial de Asuntos de Jurisdicción Voluntaria, sin
la observancia de los debidos requisitos para asegurarse cual es la procedencia del
niflo/nifla. La adopción por esta via no necesitarla resolución de juez/a competente, el
juzgado de familia actuarla i nicainente para solicitar a la trabajadora social que, bajo
juramento, efectuarla ci estudio socioeconórnico respectivo. Las adopciones
internacionales por via judicial no liegarian al 0,3 por ciento del total de las
adopciones realizadas.
AIHRC/7/6/Add. 1
Page 44
148. Asimismo se habrIa descubierto que algunos Jueces de Familia habrIan
autorizado adopciones sin contar con la opinion favorable de la Procuradurla General
de la Nación, en violación a la legislacion existente en la materia. La participación de
autoridades judiciales en dichas irregularidades, y ci hecho de que los procedimientos
para el trámite de las adopciones establecidos en las leyes generales están en
desacuerdo con las leyes especiales de protección a la infancia, demostrarla la
existencia de un cuadro de prácticas de violación de los derechos humanos de la
niflez.
149. Segün información obtenida, habrian organizaciones asentadas en Guatemala
que se dedicarian a la yenta ilegal de menores de edad por medio de adopciones
internacionales, como seria ci caso de la “Casa Quivira.” Esta organización tendrIa
como dirigentes ciudadanos provenientes de los Estados Unidos de America y se
dedicarla a la yenta de menores de edad a este pals cobrando a las futuras familias un
precio muy alto por cada uno de ellos. Supuestamente esta organización habria estado
involucrada en la práctica de adopciones irregulares, donde 46 niflos habrian sido
rescatados y repartidos entre instituciones evangélicas y cristianas en ci mes de agosto
de este aflo. Supuestamente habrIan ocurrido irregularidades en ci juicio reaiizado
contra Casa Quivira, por los hechos mencionados, con el objetivo de que dicha
organización saliera impune en relacion a los posibles deiitos realizados.
150. Entre las prácticas irregulares de adopción se incluirla la reaiizada por medio de
Alcaldes Municipales, consistente en la entrega de los nifios/as por parte de su madre
biológica a una pareja adoptiva. Los padres biológicos y los padres adoptivos
comparecerlan ante el Aicalde de la iocalidad, normaimente en zonas aisladas en las
cuaies no hay acceso a los juzgados o a las oficinas de un abogado, para que Oste
levantara un acta en la que constaria que los primeros entregan en adopción a su hijo.
Posteriormente se asentaria ia Partida de Nacimiento en ci Registro Civil y ci acto de
la adopción quedarla consumado. Otra de las maneras serla por suposición de parto,
en donde la madre biológica entregarla al niflo a los padres adoptivos inmediatamente
después del nacimiento. Ambas se intemarlan en ci mismo sanatorio (privado), la
madre biolOgica se registrarla con ci nombre de la madre adoptiva y el niflo saldria de
la cllnica como hijo de la segunda.
A/HRC/7/6/Add. 1
Page 45
151. En este contexto, la Comisión Interamericana de Derechos Humanos (CIDH)
habrIa otorgado medidas cautelares a favor de 26 niflos y niflas, solicitando al Estado
de Guatemala informar el lugar y condiciones donde se encuentran actualmente los
niflos, su situación jurIdica y familiar y las medidas que estarIan adoptando para su
protección.
152. La Comisión Jnteramericana de Derechos Humanos habria fij ado un plazo de 10
dias contados a partir del 21 de noviembre para que el Gobiemo de Guatemala
informara acerca de las medidas adoptadas. Del mismo modo, también habria
solicitado que se actualizara dicha información cada mes.
Observaciones
153. La Relatora Especial sobre la violencia contra la mujer, con inclusion de sus
causas y consecuencias, agradece la detallada información proporcionada por el
Gobierno con relación a su comunicación de 15 de junio de 2007; pero lamenta no
haber recibido respuesta a su comunicación de 30 de noviembre de 2007 en el
momento de finalización del presente infornie y reitera su interés en recibir respuestas
en relación con las alegaciones sometidas.
Guinée
Lettre d'allégation
154. Le 5 novembre 2007, la Rapporteuse spéciale chargée de la question de la
violence contre les femmes, y compris ses causes et ses consequences, le Rapporteur
special sur la vente denfants, la prostitution des enfants et la pornograpliie impliquant
des enfants et le Rapporteur special sur les droits des migrants ont envoyé une lettre
d' allegation concernant l'exploitation d'enfants pour le travail domestique en Guinée.
D ‘ après les informations recues
155. En Guinée, des dizaines de milliers de files travailleraient comme domestiques.
Tandis que d'autres enfants de la famille seraient scolarisés, ces files passeraient leur
A/HRC/7/6/Add. 1
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enfance et leur adolescence a faire des travaux ménagers féminins: elles nettoieraient,
laveraient le linge et s'occuperaient des jeunes enfants. Beaucoup d'entre elles
travailleraient jusqu' a 18 heures par jour. La grande maj orité d' entre cues ne seraient
pas payées ; d'autres recevraient des paiements, souvent irréguliers, en général
inférieurs a 5 dollars US par mois. De nombreuses filles employees comme
domestiques ne recevraient aucune aide quand elles seraient malades, et elles auraient
souvent faim car elles seraient exclues des repas familiaux. Elles seraient souvent
tenues a 1' écart, insultées et moquées. B eaucoup d' entre elles seraient aussi victimes
de coups et de violence et de harcèlement sexuels. Malgré ces conditions, quitter la
famille de l'employeur serait difficile pour beaucoup d'enfants employees
domestiques qui ne pourraient pas rejoindre leurs parents et n' auraient pas d' autre
endroit oü aller. Ces filles vivraient dans des conditions analogues a l'esclavage.
Certaines filles viendraient d' aussi loin que le Mali. Ces adolescentes maliennes en
particulier viendraient en Guinée travailler comme domestiques pour gagner de
1' argent pour leurs trousseaux.
156. De plus, un nombre important de ces mineurs seraient isolés dans la maison de
leur employeur et seraient incapables d' accéder a toute information ou assistance de
l'extérieur. Ils resteraient coincés pendant des armées dans des situations
traumatisantes et de maltraitance. Ii n'y aurait pas d'organisme pour la protection de
1' enfance pour contrôler de façon systématique le bien-être des enfants et faciliter leur
retrait d'une maison o ils sont maltraités, si nécessaire; le Ministère des affaires
sociales a la responsabilité de cette question, mais ne serait pas opérationnel. Ii
n'existerait pas non plus de système de placement en famille d'accueil qui puisse
offrir aux enfants un environnement familial alternatif protecteur et contrôlé. Bien
qu'il existerait un service d'inspection du travail, ii manquerait de personnel et ne
s'occuperait pas de la situation des enfants travaillant comme domestiques.
157. L'exploitation et la maltraitance des enfants employés comme domestiques
constituent nne violation du droit national et international. La Guinée est partie a la
Convention relative aux droits de 1' enfant et a tous les principaux traités régionaux et
intemationaux sur le travail des enfants, la discrimination selon le sexe et la traite.
Selon le droit guinéen, les enfants ont droit a l'éducation, et la scolarisation dans
1' enseignement primaire est obligatoire. L' age minimum pour travailler est de 16 ans,
AIHRC/7/6/Add. 1
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mais ii y aurait une disposition qui prévoit que les enfants de moms de 16 ans peuvent
travailler avec le consentement de leurs parents ou de leurs tuteurs légaux. Les enfants
de plus de 16 ans sont autorisés a travailler dans certaines limites, mais doivent
bénéficier de tous leurs droits du travail. De plus, le droit guinéen protègerait les
enfants contre les châtiments corporels et autres violences physiques, les sévices
sexuels, et la traite. Le droit international comporte aussi des interdictions claires
contre certains comportements nocifs, pour protéger les enfants contre la
discrimination, toute forme de violence, d'atteinte ou de brutalité physiques, de
mauvais traitements ou d'exploitation, y compris la violence sexuelle, la traite et les
consequences nocives du travail des enfants. Ii octroie aussi aux enfants le droit a
l'éducation et établit la facon dont les devoirs envers les enfants devraient être
remplis, que ce soit par l'Etat, les parents, les tuteurs légaux ou d'autres personnes
ayant la garde d'un enfant.
Observations
158. La Rapporteuse spéciale regrette que le Gouvernement n' ait pas répondu a cette
communication et réitère son intérêt a recevoir des réponses concernant les allegations
soumises.
Honduras
Liamamiento urgente
159. El 22 de mayo de 2007, la Relatora Especial sobre la violencia contra la mujer,
con inclusion de sus causas y cons ecuencias, junto con la Presidente-Relatora del
Grupo de Trabajo sobre la Detención Arbitraria y el Representante Especial del
Secretario-General para los defensores de los derechos humanos, enviaron un
llamamiento urgente al Gobierno de Honduras en relación con J. F. B., coordinador
del grupo de travestIs Arcoiris, asociación que trabaja por la defensa de los derechos
de lesbianas, gays, bisexuales y personas transgénero (LGBT) y profesional del sexo
en Tegucigalpa.
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160. De acuerdo con la información recibida, ci 20 de abril de 2007, hacia las 22:00
horas, J. F. B. fue agredido por cinco desconocidos mientras trabajaba en el barrio
rojo habitado por gays y travestIs en Comayaguela, Tegucigalpa. Segün infamies,
uno de los individuos habria intentado quitarle la peluca antes de arroj arle al suelo y
golpearle. Segán se informa, un cache patrulla de la policla habrIa estacionado al
lado del lugar donde se ubicaban los profesionales del sexo minutos antes de las
22:00 horas.
161. Las agentes policiales no solamente habrian sido testigos de la paliza propinada
al Sr. J. F. E., sino que habrian alentado a los agresores gritando ujMaten a este
maricón, golpéenlo!”. El Sr. J. F. E. utilizó un objeto afilado, posibleniente una
botella rota, que habri a encontrado en ci suelo, para defenderse, hiriendo a uno de sus
agresores, momento en el que habrian intervenido los agentes policiales.
162. El Sr. J. F. E. fue arrestado y acusado de intento de homicidio en segundo
grado y de robo. Sus agresores quedaron en libertad. El 27 de abril de 2007 se
celebró la vista preliininar y los cargos fueron elevados a intento de homicidio en
primer grado. Actualmente se encuentra encarcelado en una celda de la Penitenciarla
estatal, normalmente reservada a convictos, denominada “celda de la muerte” en la
que suelen ubicarse a presos que sufren tuberculosis, VIH!Sida y enfermedades
mentales. Segi in información recibida, no habrIa recibido atención médica.
163. Se teme que estos hechos estén relacionados con la actividad en defensa de los
derechos humanos, particularmente de los derechos de lesbianas, gays, bisexuales y
personas transgénero (LGBT), realizada par ci Sr. J. F. E.
Respuesta del Gobierno
164. El 29 octubre 2007, el Gobiemo envió una respuesta a la cornunicación
enviada par la Relatora, en la cual informó que los hechos alegados no eran ciertos.
165. El informe medico practicado par la Dirección General de Servicios Especiales
Preventivos, se afirma que el Sr. S. F. E. ingresó a la Penitenciaria Nacional par ci
supuesto delito de homicidio en el grado de Ejecución de Tentativa. En su
declaración refiere que ci dIa 21 de abril del 2007, fue agredido durante la noche par
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cuatro personas que ingerlan bebidas alcohólicas en un bar en la Ciudad de
Comayaguela; agregando que en el lugar donde lo agredieron se encontraba
estacionada una patrulla con varios agentes policiales y en vez de protegerlo, los
policIas alentaban a estas personas para que continuaran golpeándolo. Uno de los
agresores le dio un golpe en la frente (region frontal derecha) produciOndole una
herida y él en su defensa rápidamente sacó un cuchillo e hirió a su atacante.
166. En ese preciso momento si actuó la policla, capturando y ilevando al Sr. J. F. E.
a una Estación de Policla (CORE 7). Se le practicó al Sr. S. F. E. el examen fisico
respectivo, presentando buen estado de salud. Durante los cuatro meses siguientes no
solicitó atención médica, pero a partir del 12 de julio del 2007 la solicitó y continua
recibiendo asistencia médica.
167. Al ilegar a la Penitenciaria Central fue trasladado al módulo de diagnóstico y
posteriormente a un lugar donde se encuentran los grupos vulnerables. En un
principio vivió en compaflIa de otro homosexual. Pero posteriormente le the asignado
una celda. Admitió que si recibió malos tratos fisicos y psIquicos por parte de
personas cuyo nombre se reserva por temor a represalias, pero dejó entrever que se
trata de personas que se encuentran internas en la Penitenciaria Nacional.
Observaciones
168. La Relatora Especial sobre la violencia contra la mujer, con inclusion de sus
causas y consecuencias, agradece la información proporcionada por el Gobiemo y
agradecerIa recibir del Gobiemo, asI como de otros interesados, información sobre el
resultado del proceso judicial relativo al Sr. S. F. E.
India
Allegation letter
169. On 9 March 2007 the Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on the sale of children, child
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prostitution and child pornography, sent an allegation letter to the Government
concerning the systematic physical and sexual abuse of girl-children employed as
dancers in Orissan folk-opera troupes. It is alleged that the owners and managers of
these troupes rely heavily on child labour, particularly on the use of very young girls
as dancers. It was alleged that the Banaswari, Niyatti and Sudamvati Troupes are
particularly concerned.
170. According to information received, most of the young girls were aged between
ten and sixteen and hired out by their families in return for an advance on their wages.
It was further alleged that each troupe employs between ten and twenty of these girls
who come from poor families and are paid sub-standard wages. They are reportedly
moreover kept in poor living conditions, sleeping only a few hours a day on mats on
the floors or sometimes even outside. In one case, a girl had allegedly spent an entire
day without eating.
171. It was reported that these young girls encounter a high level of physical, mental
and sexual abuse, including beating and rape. They face sexual harassment and blatant
advances from male performers as well as from older actors and management, and
due to their vulnerable position, they have oftentimes no choice but to acquiesce. It is
alleged that sexual abuse is common in the troupes. The Special Rapporteurs had also
received allegation of past managers having raped young girls. It was further alleged
that these young girls are also publicly humiliated, slapped and beaten by the opera
management or directors for alleged misbehaviour or mistakes.
172. It is reported that on 17 December 2006, a young girl was publicly beaten by a
male manager with a heavy wooden stick. All the girls interviewed, aged from ten and
sixteen, admitted to being slapped or beaten with a stick as a fonn of punishment one
to three times a week.
173. According to information received, these young girls were being exploited,
physically and sexually abused and the State of Orissa and the Government of India
had not yet taken action on the matter. Though national child labour legislation
requires that government inspectors visit any business that uses children to insure that
they are not abused, it is reported that there are currently no such inspections of the
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Page 51
troupes. Furthermore, the Government has hitherto reportedly not placed dancing in
the Opera troupes on its list of hazardous employments for children.
Reply from the Government
174. On 19 November 2007, the government of India sent a reply stating that
comprehensive enquiries were undertaken which included visits to the headquarters
of Banaswari, Niyatti and Sudamvati folk-opera troupes as well as the sites of their
performance; interview with the female artists of the troupes and feedback from the
opera visitors as well as the employees engaged in such performances. However, the
aforesaid allegations could not be substantiated. The matter was also enquired into by
the Labour Commissioner of Orissa through a team of officers having adequate
exposure to the modus operandi of the opera parties and their recruitment process,
who found the allegation to be without basis. The national Human Rights
Commission of India has also been apprised of the findings of the enquiry by the
Government of Orissa.
Allegation letter
175. On 14 August 2007, Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on the question of torture, sent
an allegation letter to the Government concerning Ms. A. B., aged 19, daughter of S.
H., residing at Lakshmipur, Rajpara, Raj sahi district, Bangladesh.
176. According to the information received, On 7 June 2007, at 18.45, Ms. A. B. was
taken into custody together with Ms. C. K. by Indian Border Security Force (BSF)
officers stationed at I & II Outposts at Kargil village, Murshidabad district of West
Bengali State, while they were trying to cross the border from Bangladesh to India.
177. Some hours after being taken into custody, Ms. A. B. was raped by a BSF
officer. The incident witnessed by a superior officer of the intelligence branch at the
BSF, who were visiting the outpost that day. The superior officer advised Ms. A. B. to
visit a doctor and to lodge a complaint at the Raninagar Police Station. However,
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when she attempted to do so, the responsible officers refused to register her case and
to have a medical examination conducted. Thereafter she was returned to the BSF
camp.
178. On the next day, when Ms. A. B. was taken to Raninagar Police Station, the
Senior Divisional Police Officer from Domkal, Mr. M. B. H., ordered that she be sent
to the Beharampur District Hospital for a medical examination. However, according
to the reports, the BSF put pressure on the medical officer who examined Ms. A. B.,
Dr. S. B. K., so that the latter declared that she was not raped. No forensic laboratory
examination was conducted.
179. On 9 June 2007, Ms. A. B. and Ms. C. K. had to appear before the Additional
Chief Judicial Magistrate in Lalbagh for the hearing of the case against them under
the relevant provisions of the Foreigners Act of 1946. The Court issued an order to
detain Ms. A. B. and Ms. C. K. in judicial custody.
180. On 21 June 2007, Ms. A. B.'s court case commenced. During these proceedings,
her lawyer informed the Court that she was raped while in detention.
181. Concern was expressed that the authorities have failed to exercise due diligence
to prevent, investigate and punish the violence against Ms. A. B. and to provide her
with the required support and attention, including counselling.
Urgent appeal
182. On 23 August 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Special Rapporteur on adequate housing as
a component of the right to an adequate standard of living, the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, and the Special Representative of the Secretary-General on the situation
of human rights defenders, sent an urgent appeal to the Government regarding attacks
on the Dalit communities, particularly women, in Somebhadra District, Uttar Pradesh,
India.
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Page 53
183. It is reported that in Sonebhadra District, the poorest District in Uttar Pradesh
with a large Dalit population, Dalit families have been cultivating and living in a
Government's waste lands, the Gram Sabha's, for years. Reportedly, the land
ownership has always been a conflicting issue between the Upper Caste controlling
land resources and Dalits and tribes.
184. Reports indicate that Dalits' reclaim of land has led to conflicts with forest
officials and the Police, especially after the adoption of the “Schedule Tribe and other
Forest Dwelling Communities (Recognition of Forest Rights) Act of 2006”. It is
further alleged that since the Act is not yet operational, the forest department officials
have been harassing the activists working for the rights of the forest dwellers and the
tribes, with the aim to ensure that evictions take place before the clauses of the Act
are enforced. Reportedly similar actions are taking place in other parts of the country
including Maharashtra, Madhya Pradesh and Orissa.
185. In this context, on 3 August 2007, Ms. R. and Ms. S. B., two members of the
National Forum of Forest People and Forest Workers (NFFPFW) who have been
working in the Sonebhadra District for the past seven to eight years, were arrested in
Robertsganj under charges of provoking Dalits and Tibals to encroach forest lands.
They were arrested under section 120 (B) and 447 of Penal Code; they were in
Mirzapur jail and their bail applications have been rejected at the Circle Judicial
Magistrate. On 5 August 2007, L. D. and S. P. were arrested from a local market in
Rangarh, they are also in Mirzapur jail. As a consequence of these imprisonments,
people have been staging a protest since 4 August in front of the District Magistrate
(DM) office in Sonebhadra demanding immediate release of the activists. New
charges have been brought against Ms. R. under article 4 of the National Security Act
on 10 August.
186. Reports also indicate that on 10 August 2007, at around 9 p.m., the police
attacked Dalit women in Chanduli Village, in Sonebhadra District, leaving fifteen
women seriously injured. Two trucks loads of Police along with Upper Caste
representatives of the locality descended on Chanduli village in Sonebhadra district.
They were allegedly heavily armed, and demanded to see B., an active member of the
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Page 54
local organisation Kaimoor Kshetra Mahila Mazdoor Kisan Sangharsh Samiti
(KKMMKSS). According to information received, when they did not find B. in the
village, they started attacking women present in the village. Police and upper caste
representatives barged into the house of B. and attacked his pregnant sister and sister-
in-law; pulling them out and attacking them. In three hours, the police and upper caste
representatives beat up around 15 women and destroyed their houses.
187. At the time of the incident, there were very few male members in the village as
most of them were staging a protest in front of the DM's office in Sonebhadra against
the arrest of Ms. R., Ms. S. B., L. D. and S. P.
188. This was allegedly the third attack of this kind against Dalits in less than two
weeks and reportedly a consequence of the Dalits families' requests for land that
started in the last two years, as a response to the forest department's Government
Resolution of 2002-3 to clear forest lands from any encroachments.
189. During the events, the police reportedly left the village giving an ultimatum to
remove the bricks of the houses by 11 August 2007, or they would come back with
the administrative order to destroy the houses.
Observations
190. The Special Rapporteur would like to thank the Government for its reply to her
communication of 9 March 2007. Nevertheless, the Special Rapporteur regrets that
the Government of India did not reply to any other communications sent in 2007 and
2006.
191. The Special Rapporteur reiterates her interest in receiving responses from the
Government in regard to the allegations submitted and would be particularly
interested to know whether these cases have resulted in any prosecutions of alleged
perpetrators.
Iran (Islamic Republic of)
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Urgent appeal
192. On 7 March 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Chairperson-Rapporteur of the Working
Group on Arbitrary Detention, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, and the Special
Representative of the Secretary-General on the situation of human rights defenders
sent an urgent appeal to the Government regarding at least 24 women human rights
defenders who were reportedly arrested while holding a peaceful demonstration in
front of the Islamic Revolutionary Court in Tehran.
193. According to the information received: On 4 March 2007, the franian authorities
arrested at least 31 women, seven of whom were released on bail on 6 March 2007.
Ms. A. A., Z. B. Y., M. A., M. H., S. L., M. H., J. J., Z. P., M. M., N. K., M. M., N.
A., B. A., A. F., S. F., M. M., S. T., P. A., N. A. K., S. B., F. G., N. S., S. S., and R. M.
still remain in detention. A number of these women have allegedly gone on a hunger
strike.
194. The women had staged a peaceful demonstration against the prosecution of
several women, who had been charged with criminal offences against public order
and security for having organized a peaceful women's demonstration in Haft-e Tir
Square of Tehran on 12 June 2006. Many of the detained women are well-known
women's rights defenders who have publicly expressed their views on numerous
occasions. Reportedly, all of the detained women have been transferred to Ward 209
of the Evin Prison in Teheran. Allegedly, police officers also broke the teeth of Ms.
N. S. by banging her head against the door of a police bus. Serious concern was
expressed that the arrest and detention of the aforementioned women human rights
defenders may be related to their peaceful and legitimate activities in defence of
women's human rights.
Urgent appeal
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195. On 14 March 2007, the Special Rapporteur on violence against women, its
causes and consequences, sent an urgent appeal to the Government regarding Ms. M.
A. and Ms. S. S. The two women were among at least 31 women arrested on 4 March
while holding a peace demonstration in front of the Islamic Revolutionary Court in
Tehran. The same concerns had already been expressed in an urgent appeal that was
sent on 7 March 2007 by the Special Rapporteur on violence against women, jointly
with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the
Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression and the Special Representative of the Secretary-General on the
situation of human rights defenders.
196. The Special Rapporteur on violence against women expressed appreciation that
the Government had already released other women arrested on 4 March 2007.
However, the Special Rapporteur remained gravely concerned about information
indicating that Ms. M. A. and Ms. S. S. remain in detention in Section 209 of Evin
Prison in Tehran. Information received indicates that Ms. M. A. has been held
incommunicado since her arrest. Ms. S. S.'s outside contact was limited to two
telephone conversations with her husband. In addition to charges of disturbing public
order, the two women reportedly also face additional charges that have not been
disclosed to them or their lawyers. It was also feared that the women do not receive
adequate access to medical care, even though Ms. S. S. was said to suffer from
chronic stomach pain and Ms. M. A. reportedly suffers from migraine and arthritis.
Urgent appeal
197. On 5 April 2007, the Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, and the Special
Representative of the Secretary-General on the situation of human rights defenders,
sent an urgent appeal to the Government regarding Ms. N. K. and Ms. M. H.
198. According to information received: Iranian security agents arrested the two
women on 3 April 2007 in Laleh Park (Tehran) while they were collecting signatures
for a campaign to change Iranian laws that discriminate against women. It is reported
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Page 57
that Ms. N. K. and Ms. M. H. remain in detention and have been transferred to Evin
Prison. Three other persons, Ms. S. A., Ms. S. I. and her husband Mr. H. N., who were
arrested on the same occasion, have since been released on bail. The charges against
the five persons were not known. The Special Rapporteurs expressed concern that the
arrest and detention of Ms. N. K. and Ms. M. H. may be related to their peaceful
activities in defence of women's human rights.
Urgent appeal
199. On 2 May 2007, Special Rapporteur on violence against women, its causes and
consequences and the Special Rapporteur on freedom of religion or belief sent an
urgent appeal to the Government concerning the arrest of 278 women on 21 April
2007 alone for wearing overly loose headscarves or tight coats. 231 of these women
were released after they signed papers promising they will not appear again
“inadequately dressed in public”. Allegedly, until 29 April 2007, police in varibus
cities of the Islamic Republic of Iran have also stopped and warned at least
16,000 women who were showing too much hair or wore a headscarf deemed too
colourful. The Iranian Police Chief, Mr. E. A.-M., reportedly stated on 18 April 2007
that in 2006 more than one million women were stopped relating to the way they wear
the hij ab (Islamic veil) and 10,000 charged for violating the dress code.
Allegation letter
200. On 31 May 2007, the Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, and the Special
Representative of the Secretary-General on the situation of human rights defenders,
sent an allegation letter to the Government concerning the situation of the following
women's rights activists: Ms. Z. P., Ms. M. H., Ms. F. G., Ms. N. A. K., Ms. S. B.,
Ms. P. A., Ms. F. D. M., Ms. S. T., Ms. B. H., Ms. A. F., Ms. M. H. Z. and Ms. N. K..
Several of these women's rights activists have already been subject to an urgent
appeal, which the Special Rapporteurs sent to the Iranian Government on 7 March
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2007, jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary
Detention.
201. According to the latest information received: on 7 May 2007, Ms. Z. P., Ms. M.
H. and Ms. F. G. were summoned to court for their participation in a peaceful
demonstration on 4 March 2007. The demonstration was directed against the
prosecution of women activists in connection with a peaceful women's demonstration
that took place on 12 June 2006 in Haft-e Tir Square of Tehran and was addressed in
an urgent appeal we transmitted to your Excellency's Government on 16 June 2006.
Ms. Z. P. reported to the Revolutionary Court after receiving a summons, where she
was then arrested and transferred to Evin prison. Ms. Z. P. was released on bail on 17
May 2007.
202. On 24 April 2007, the Sixth Branch of the Revolutionary Court in Tehran
sentenced Ms. N. A. K., Ms. S. E. and Ms. P. A. in connection with the peaceful
demonstration of 12 June 2006 to three years' imprisonment for “collusion and
assembly to endanger the national security,” under article 610 of the Islamic Penal
Code. The court ordered Ms. N. A. K., Ms. S. E. and Ms. P. A. to serve six months in
prison, but suspended the remaining two-and-half years of their sentences. The same
court sentenced two other women's rights advocates to prison terms on 18 April 2007
in relation to same demonstration. Ms. F. D. M. was sentenced to four years'
imprisonment, of which three years were suspended, and Ms. S. T. was sentenced to
two years' imprisonment, of which 18 months were suspended. The women, currently
free, are expected to appeal against their sentences. The same day, Ms. B. H., a
university student, was reportedly also tried, without the presence of her lawyer, due
to her participation in the demonstration of 12 June 2006. On 26 May 2007, she was
reportedly sentenced to a two-year suspended sentence for “acting against national
security by participating in an illegal gathering.”
203. On 11 April 2007, Branch 15 of the Revolutionary Court in Tehran gave Ms. A.
F., a university student, a two-year suspended sentence in connection with the
demonstration of 12 June 2006 for “acting against national security by participating in
an illegal gathering.” Several days later, she was summoned to court where she was
questioned and informed that she was facing new charges in connection with a
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peaceful gathering on 4 March 2007 held to protest against the prosecution of activists
in connection with the demonstration in June 2006.
204. On this occasion, the Special Rapporteurs expressed their appreciation that Ms.
M. H. Z. and Ms. N. K. have been released on bail on 15 April 2007. The two women
were arrested on 3 April 2007 while collecting signatures in support of the “Million
Signatures Campaign” to abolish laws that discriminate against women. The Special
Rapporteurs had already communicated their concerns in relations to this case in an
urgent appeal dated 5 April 2007. The Special Rapporteurs remained concerned that
the charges against the two women have reportedly not been dropped and that they
may be prosecuted at a future point in time.
205. Concern was expressed that the arrests and sentencing of the aforementioned
activists may be solely related to their peaceful activities in defence of women rights
and could form part of wider pattern of harassment against women rights activists.
Urgent appeal
206. On 5 July 2007, the Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, the Special Rapporteur
on the question of torture, and the Special Representative of the Secretary-General on
the situation of human rights defenders, sent an urgent appeal to the government
regarding Ms. D. A., a women's rights defender from Tebran University. According to
information received:
207. The Tehran Revolutionary Court convicted Ms. D. A. on charges of
“Propaganda against the System” and “Disturbing Public Order” for having
participated in a peaceful demonstration for a better recognition of women's rights and
to remove discriminatory clauses against women from Iranian law, which took place
in Haft Tir Square on 12 June 2006. Ms. D. A. was sentenced to two years and 10
months imprisonment and 10 lashes. The sentence has not been suspended and could
be carried out at any time. Reportedly, several other persons arrested during the
AIHRC/7/6/Add. 1
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demonstration have also been convicted and sentenced, but had their sentence
suspended.
208. In an urgent appeal dated 16 June 2006, to which the Government responded by
letter dated 15 August 2006, the Special Rapporteurs have already expressed their
concern that Iranian security forces had arrested Ms. D. A. and others during the
demonstration of 12 June 2006. The Special Rapporteurs have reiterated their concern
that the conviction of Ms D. A. may be related to her peaceful activities in defence of
women's rights in the Islamic Republic of Iran.
209. The Special Rapporteurs urged the Government to ensure that Ms. D. A. will
not be subjected to any punishment, including the cruel, inhuman and degrading
punishment of lashing, for having exercised her right to freedom of expression. The
Special Rapporteurs were particularly concerned that the execution of the lashing
sentence may be imminent.
Urgent appeal
210. On 17 October 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Working Group on Arbitrary Detention, the
Special Rapporteur on the question of torture and the Special Representative of the
Secretary-General on the situation of human rights defenders sent an urgent appeal to
the Government regarding Ms. R. S.. Ms. R. S. is a campaigner for women's rights
and a member of the One Million Signatures campaign, which calls for an end to
discriminatory laws against women in Iran.
211. According to information received, on 8 October 2007, Ms. R. S. participated in
an event to mark the International Day of the Child during which she collected
signatures for the One Million Signatures campaign.
212. On 9 October 2007, nine agents of the security forces entered the home of Ms.
R. S. and seized literature pertaining to the One Million Signatures campaign, her
computer as well as some other personal belongings. Ms. R. S. was arrested shortly
afterwards and placed in detention at the local Office of Information and Security
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Ministry in Sanandaj, Kurdistan. It is alleged that she is being held in incommunicado
detention as all efforts on the part of family members to contact her have as yet failed.
213. Concern was expressed that the arrest and detention of Ms. R. S. may be
directly related to her peaceful human rights activities, in particular her work to
defend and promote women's rights in Iran. In view of her incommunicado detention,
further concern was expressed with regard to her physical and psychological
integrity.
Allegation letter
214. On 30 November 2007, the Special Rapporteur on violence against women, its
causes and consequences sent an allegation letter to the Government regarding the
“Family Protection Draft Bill” No.36780/683 57 dated 22 July 2007.
215. According to information received, the Government of Iran recently submitted a
Family Protection Draft Bill to Parliament, with the alleged aim of matching the
current legal framework with today's realities. It appeared that the Head of the Legal
Commission within Parliament stated at the time of writing that the bill would be
open to discussion in the Parliament.
216. Allegedly, the “Family Protection Draft Bill”, instead of upholding women's
rights within the family, reverses rights currently enjoyed by women. In addition, the
law reinforces the unequal legal power of men within the family. The Bill contains
various articles which may violate women's rights.
217. First, under Iranian's civil code and its 1992 amendments, women have a very
limited right to divorce, as they must extensively justify their request for divorce
(such as on the basis of their husband's addiction, violence, etc) to prove that they are
eligible to be divorced. Articles 17, 21, 26 and 31 of the “Family Protection Draft
Bill”, would make it even more difficult for women to obtain the divorce:
AIHRC/7/6/Add. 1
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218. Article 17 establishes Family Counselling Centres. The aim of these centres is
to consolidate the foundations of the family and prevent an increase in family dispute,
in particular divorce. The Family court will have the obligation to ask the opinion of
the family counselling centres. According to article 21, these centres will be made up
of experts on Family studies, law, Islamic canon, and foundations of Islamic law.
219. Article 26 plans that registration of divorce by official offices shall be
authorized only upon the issuance of a certificate stating the impossibility of
reconciliation. The family counselling centre must give a certificate indicating the
couple's agreement upon divorce.
220. Article 31 states that the court will first require reconciliation and arbitration
before pronouncing the divorce. When one of the partners is unable to bring an
arbitrator, the court shall, at the request of the party or directly, appoint an arbitrator
from the qualified members of the Family Counselling Centres.
221. The above articles set different stages before the pronouncing of the divorce,
which decreases the likelihood of obtaining a divorce.
222. Further, article 23 of the” Family Protection Draft Bill”, would allow a man to
marry up to four wives provided he can testify of his good financial capability and
promises to the court to treat all wives equally. The current legal framework sets
limitations to men having only a second wife, based on the permission of the first wife
and justified by the first wife's specific health conditions, such as infertility. The
husband's second marriage without the consent of his first wife is a ground to get
divorce.
223. Article 2 of the Draft Bill provides that the Family Court will consist of three
judges; it does not mandate for the presence of a female judge but only stipulates
that a female judge be present if feasible. Given the current context of dominance of
men within the Iranian judiciary, it is very likely that most family courts will be
composed of three male judges.
AJHRC/7/6/Add. 1
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224. In addition, article 25 allows the Government to charge women taxes for the
portion of the money that belongs to them (“Mahriehs”). The Finance Ministry will be
required to annually declare a suggested amount of Mahriehs and such marriage
nuptials that exceed that amount will be subject to taxation during their registration.
This means that young brides will be faced with paying taxes on a dowry that they
may never receive. Iranian women generally do not receive their dowries unless their
husbands die or divorce them.
225. Article 46 of the Bill further provides that an Iranian woman cannot marry a
Muslim foreigner without the permission of the Government. If a marriage happens
without governmental permission, the woman, her father, the registrar, and the
husband will be punished to prison from 91 days to 1 year.
226. The Special Rapporteur expressed her concerns that the provisions of the
“Family Protection Draft Bill” would put women in an increased situation of
inequality and discrimination within the family. Concerns were farther expressed that
women victims of violence would be afforded fewer avenues for protection as it
would be more difficult for them to divorce on grounds of violence perpetuated
against them.
Allegation letter
227. On 30 November 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Representative of the Secretary-
General on the situation of human rights defenders, the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression sent an
allegation letter to the government concerning Ms. M. H.
228. Ms. M. H. is a journalist and activist for women's rights. Ms. M. H. is also a
member of the Campaign for Equality which is leading the One Million Signatures
campaign, which calls for an end to discriminatory laws against women in the Islamic
Republic Iran. She was a member of the Women's Cultural Centre prior to its closure
by the Iranian authorities, days before her summons. Ms. M. H. was the subject of an
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Page 64
urgent appeal sent by the Chairperson-Rapporteur of the Working Group on Arbitrary
Detention, the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression, the Special Rapporteur on violence against
women, its causes and consequences, and the Special Representative of the Secretary-
General on the situation of human rights defenders on 7 March 2007.
229. According to information received, on 18 November 2007, Ms. M. H. was
arrested when she reported to a branch of the Revolutionary Court in Tehran for
questioning following a summons that had been issued to her. She has reportedly been
accused of “disturbing public opinion”; “propaganda against the system”; and
“publication of lies”, as a result of articles posted on a website of which she is the
editor. No date for trial has reportedly been set yet.
230. Concern was expressed that the arrest of Ms. M. H. and the accusations that
have been made against her may be directly related to her peaceful human rights
activities, in particular her work to promote women's rights in Iran.
Observations
231. The Special Rapporteur regrets that the Government of Iran did not reply to any
of her communications sent in 2007.
232. The Special Rapporteur reiterates her interest in receiving responses from the
Government in regard to the allegations submitted and would be particularly
interested to know whether any measure has been taken by the Government of Iran to
facilitate the full, equal and effective participation and free communication of women
at all levels of decision making in their societies.
233. The Special Rapporteur also looks forward to receiving information about the
draft Family Protection Bill, and whether considerations pertaining to women's equal
rights to divorce and marriage, as well as their protection from violence, have been
taken into consideration in the final version of the Bill.
A/HRC/7/6/Add. 1
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Iraq
Response from the Government to a communication sent in 2006
234. On 20 November 2006 the Special Rapporteur on violence against women, its
causes and consequences, sent a letter of allegation concerning the late Ms. F. A. J., a
women's rights activist from Haweej a who was the head of the women's rights
organization Maternity and Childhood. Concern was expressed that Ms. F. A. J. was
murdered because of her activities in the promotion and defence of women's human
rights.
235. The full details of the allegations submitted have been reflected in the Special
Rapporteur's previous report on communications sent and received. 7
236. The government of Iraq replied to the letter dated on 18 June 2007. It stated
that on 2 November 2006 formal statements were taken from the complainants,
namely, the victim's husband A. al S. S. H. and her brother M. A. H.. They requested
that the charges against the suspects in detention, K. K. I. and Y. N. A., be dropped
and that a complaint against the perpetrators of the offence be brought as soon as their
identities were known. The investigating judge decided to release the two above-
mentioned suspects due to lack of evidence and to continue the investigation.
Allegation letter
237. On 2 March 2007, the Special Rapporteur on violence against women, its
causes and consequences, and the Special Rapporteur on the question of torture, sent
an allegation letter to the Government of Iraq concerning the reported murder of Ms.
L. T. S., Mr. E. K. and Mr. G. S., three teenagers from A. S., Ninewah Govemorate.
238. According to information received: Ms. L. T. S., aged 16 at the time of her
death, was the granddaughter of Mr. T. S. B., the principal Mir (leader/prince) of the
A/HRC/4/34/Add. 1.
A/HRC/7/6/Add. 1
Page 66
Yezidi ethnic group. The Yezidi are said to wield considerable political influence in
the Am Seftii area.
239. It was rumoured that Ms. L. T. S. had begun a romantic relationship with Mr. B.
K., even though her family had planned to marry her to a cousin. These were
reportedly seen as a stain on the honour of the T. B. family, especially since the boy
belonged to a family of lower social status.
240. On 10 August 2006, E. K. and his friend G. S. allegedly came to visit L. T. S. at
her family home, when they were spotted by several security guards of the family. All
three teenagers managed to escape.
241. When the family found out that the three teenagers had sought temporary refuge
at B. K.'s family home, several armed men allegedly led by B. T. B. and B. T. B., both
sons of T. S. B., came to the K.' house and burned it down. B. K.'s family had to flee
the area.
242. L. T. S., B. K. and G. S. continued their flight to Mosul to hide at the house of
an acquaintance. However, that acquaintance was repeatedly threatened to either
surrender the three teenagers to the T. B. family or see several of his relatives
murdered. On 11 August 2006, the acquaintance took the three teenagers to Shalalat
checkpoint in Mosul and handed them over to a group of armed men allegedly led by
B. T. B. The men took the three teenagers to Baathree village, close to Am Sefni.
Reportedly, L. T. S.'s father H. T. S. was already present in the village along with
about fifty armed men affiliated with the T. B. family.
243. With a crowd of local villagers watching, the armed men first broke B. K. ‘s
hands and legs and gouged his eyes out. Thereafter, they shot him dead, riddling his
body with bullets. Subsequently, G. S. and then L. T. S. were shot dead. It is alleged
that several influential members of the T. B. family directly took part in the planning
and the execution of the murders.
AIHRC/7/6/Add. 1
Page 67
244. The bodies of the three teenagers were buried in an undisclosed location and
have yet to be found. As of 1 February 2007, not a single person had reportedly been
formally investigated, indicted or arrested in connection with the crimes.
245. Many family members of E. K. and G. S. have repeatedly fled the Am Sefni
area and are afraid to return. Concern was expressed that family members may face
further acts of violent retribution.
Observations
246. The Special Rapporteur would like to thank the Government for its reply to her
communication of 20 November 2006. The Special Rapporteur regrets that the
Government of Iran did not reply to her communication sent on 2 March 2007 and
reiterates her interest in receiving response from the Government in regard to the
allegation submitted and would be particularly interested to know whether these cases
have resulted in any arrests and prosecutions of alleged perpetrators.
Kyrgyzstan
Response from the Government to a communication sent in 2006
247. By letter dated 22 March 2007, the Government of Kyrgyzstan responded to
the allegation letter sent by the Special Rapporteur on violence against women, its
causes and consequences on 23 November 2006 concerning Ms. R. G. D., an 82-year-
old woman living in Ananievo, Issyk-Kul, who was raped in her home by Mr. S. A.
A.. Concerns were expressed over the alleged impunity for this rape. Another issue
that was raised by the Special Rapporteur in the same allegation letter was about the
increasingly widespread practice of “bride-kidnapping”, whereby a woman or girl is
taken against her will through deception or force and forced to marry one of her
abductors. The full details of the allegations submitted have been reflected in the
Special Rapporteur's previous Report on Communications sent and received. 8
8 AIHRC/4/34/Add. 1.
AIHRC/7/6/Add. 1
Page 68
In its letter the Government informed that:
248. On 23 April 2005 the investigation department of the Issyk-Kul district internal
affairs office of Issyk-Kul province of Kyrgyzstan instituted criminal proceedings on
the basis of evidence of an offence cDntrary to article 129, paragraph 1 (Rape), of the
Code of Criminal Procedure of the Kyrgyz Republic.
249. In accordance with the requirements of Kyrgyz criminal procedural legislation,
a police line-up of suspects was held, during which Ms. R. G D. identified Mr. S. A.
A. Forensic medical and biological eKaminations were ordered. Subsequently, Mr. D.
K., an investigator of the district i]i ema1 affairs office repeatedly took unwarranted
decisions to terminate criminal proceedings against Mr. S. A. A. on the grounds of
lack of sufficient evidence.
250. The Issyk-Kul district procurabr's office made a recommendation to the Issyk-
Kul provincial internal affairs office concerning investigator D. D. K.; as a result, Mr.
D. K. was subjected to a disciplinary measure, which took the form of a reprimand.
251. On 20 December 2006, Mr. S. A. A. was indicted for the commission of an
offence contrary to article 129, paragraph 1, of the Code of Criminal Procedure and
was placed under house arrest. On 23 December 2006, Mr. S. A. A. was arrested and,
on the basis of article 94 of the Code of Criminal Procedure, placed in pre-trial
detention.
252. On 21 December 2006, the critminal case involving the rape of Ms. R. G D. was
referred to the Issyk-Kul inter-district court, where it was being heard at the time of
the response.
253. With regard to the enquiry concerning “bride-kidnapping” in Kyrgyzstan, the
following information was providel: In 2006, 73 statements and communications
from citizens concerning the coercion of women into marriage were registered. With
regard to 57 of the reported incide3rts, investigators of internal affairs offices took
decisions not to institute criminal proceedings because citizens withdrew their original
statements.
AIHRCI7I6/Add. 1
Page 69
254. Criminal proceedings were instituted in connection with the remaining 16
incidents. The results of investigations of nine incidents were referred to the courts (in
five cases, the courts handed down the verdict of guilty; four cases are still being
heard). In two criminal cases, the investigation was suspended in connection with the
search for the accused persons. Five criminal cases are being investigated. For the
period under consideration, no criminal cases have been terminated and no defendants
have been acquitted by the courts.
Observations
255. The Special Rapporteur would like to thank the Government of Kyrgyzstan for
its reply to her communication of 23 November 2006 and for having undertaken an
investigation and court procedure against the alleged perpetrator of the rape of Ms. R.
GD.
Malaysia
Response from the Government to a communication sent in 2004
256. On 18 May 2004, the Special Rapporteur on violence against women, its causes
and consequences, and the Special Rapporteur on the sale of children, child
prostitution and child pornography sent an allegation letter to the Government of
Malaysia concerning the trafficking of women and sale of children taking place in the
region. According to information received, poor young Indonesian women were being
trafficked to Malaysia. It was reported that there were cases of pregnant Indonesian
women being trafficked to Malaysia for the purpose of selling their child after it is
born for illegal adoptions. Further, some specific situations were brought to the
attention of the Special Rapporteurs:
- Tn 2002 the Malaysian police were said to have uncovered at least 20 cases
of baby selling in Sarawak, East Malaysia; among these it is reported the rescue of six
AIHRC/7/6/Add. 1
Page 70
Indonesian women and four babies in Kuching and of eight babies and four women in
Sibu.
- In September 2003 a fishing boat heading towards Malaysia was allegedly
intercepted. According to information received, on this boat, eight babies were found
packed in Styrofoam in fish boxes which were punctured in order to allow the babies
to breath.
- On 17 September 2003, a 22 year-old woman from Central Java, Indonesia,
was lured from Indonesia to Malaysia with the prospect of a good job, but actually she
became a victim of trafficking in human beings. The woman was over five months
pregnant.
Reply from the Government
257. On 29 May 2007 the Government replied to the letter sent on 18 May 2004. It
stated that trafficking in persons, particularly women and children, was a serious
problem in the Asian region exacerbated by an increasing involvement of organized
criminal groups. To this end, on 26 September 2002,. Malaysia signed the United
Nations Convention against Transnational Organized Crime and ratified it on 24
September 2004. At the time of writing, Malaysia was in the process of tabling a Bill
in Parliament crirninalising the offence of trafficking in Malaysia, thus affording more
protection to victims of the crime. Among others, the legislation would provide
necessary shelters and relevant mechanisms, in keeping with the United Nations
Convention against Transnational Organized Crime.
258. As regarding the allegations regarding the cases the Special Rapporteur' s letter
referred to, the following was reported:
- On 20 June 2002, a Royal Malaysian Police team rescued six Indonesian
women and four babies in Kuching. The police arrested a couple (Mr. B. J. L.
M. and Mrs. J S. H.). The suspected were charged in court for the offence of
harbouring illegal immigrants and afterwards released on court bail of RM
10,000 with two sureties each.
AIHRC/7/6/Add. 1
Page 71
On 25 June 2002, the police rescue three babies and three children in Sibu.
There is no information of any woman being rescued. One police report
alleged that three arrests were made (Mr. L. S. K., Mr. W. T. H. and Mr. L. Y.
M.). The investigation paper was sent to the Deputy Public Prosecutor and on
3 October 2003, instructions were given to conclude investigations as there
was no evidence to show that the babies had been legally adopted by the
suspects. The rescued babies were handed over to the Sibu Welfare
• Department on the order of the Court which adjudicated the matter. Another
police report was lodged concerning two young girls aged two and six years
old respectively and a boy aged 4 years old who were found in Sibu. Three
arrests were made (Mr. L. K. S., Ms. H. P. H. and Ms. I. J.). The suspects in
this case were initially remanded but then they have been released
unconditionally as there was no supporting evidence to prove that the children
had been kidnapped or smuggled. The charges against them were withdrawn.
As for the children, they were initially taken into temporary custody and
placed at a shelter by the Social Welfare Department. The children were
subsequently released into the custody of Ms. H. P. H. on the instructions of
the Court as there was supporting evidence to show that the children had been
legally adopted by her. At the time of writing they lived under her care and
custody.
On 22 August 2003, in Johor, the police saw a boat docking at a jetty and a
man carrying a white Styrofoam box. The man (Mr. A. Abd. R.) was detained
and it was subsequently discovered that the box contained two babies. An
accomplice (Mr. I. S.) was later arrested on 31 st August. Both suspects were
charged of unlawful transfer of possession, custody or control of child and
importation of child by false pretenses. The Court impose a fine of RM 5,000
in default 12 months' imprisonment against Mr. A. Abd. R., who was placed
behind bars, having failed to pay the fine. Mr. I. S. was charged in Court but
the charges were withdrawn on the instructions of the Public Prosecutor due to
insufficient evidence. However, action under preventive detention was taken
against him. The babies rescued were handed over to the Indonesian Consulate
on 22 October 2003.
AIHRC/'7/6/Add. 1
Page 72
- In September 2003, a woman purportedly from Central Java, Indonesia,
alleged that she was victim of human smuggling and forced to work at a
restaurant and to prostitute herself. The victim was said to have sought refuge
at the Indonesian Consulate in Kuching, Sarawak. The details of this case are
quite vague as it has not been indicated if the alleged victim has lodged a
police report. More details would be required to enable the relevant authorities
in Malaysia to investigate the above allegation.
Observations
259. The Special Rapporteur would like to thank the Government of Malaysia for its
reply to her 2004 communication and notes with appreciation the ratification by
Malaysia of the United Nations Convention against Transnational Organized Crime.
Mexico
Carta de alegaciones
260. En 12 de marzo de 2007, el Relator Especial sobre la tortura, el Relator
Especial sobre la situación de los derechos humanos y las libertades fundamentales de
los indIgenas y la Relatora Especial sobre la violencia contra la muj er, con inclusion
de sus causas y consecuencias enviaron una carta de alegación al Gobierno de
Mexico en relación con el supuesto ataque sufrido por la Sra. E. A. R., mujer
indIgena de 73 aflos de edad, quien falleció el 26 de Febrero de este aflo en
Tetlalzingo, municipio de Soledad Atzompa, Veracruz.
261. Segün la información recibida, el 25 de Febrero del 2007, la Sra. E. A. R fue
violada por miembros del 63 Batallón de InfanterIa de la 26 zona militar de Lencero,
Veracruz. La Sra. E. A. R fue hallada por sus farniliares a quienes les dij o “los
militares se me vinieron encima”. Debido a su crItico estado de salud, fue trasladada
al hospital regional de RIo Blanco en donde falleció al dIa siguiente. El certificado de
defunción seflala que la Sra. E. A. R murió como consecuencia de una infección en
los intestinos y en el hIgado. Dicho informe también sefiala que el cuerpo presentaba
huellas de tortura y perforación del recto.
A!ETRC/7/6!Add. 1
Page 73
262. Este incidente se une a otros casos de violaciones sexuales cometidas por
militares en contra de muj eres indIgenas en zonas con un alto indice de marginación y
pobreza. Esta situación fue analizada en el informe de la Misión a Mexico de la
Relatora Especial sobre la violencia contra la muj er. En dicho informe, la Relatora
Especial sefiala como motivo de especial alarma las alegaciones de violaciones de
mujeres indigenas cometidas por soldados, que han quedado impunes
(E/CN.4/2006/61/Add.4, párrs. 26-37). Asimismo, la Relatora Especial recomienda en
su informe reformar la legislación si fuera necesario, para que todos los actos de
violencia contra civiles cometidos por personal militar sean investigados por las
autoridades civiles, encausados por las autoridades civiles, y juzgados por tribunales
civiles independientes e imparciales (parr. 69).
263. La situación fue analizada asimismo por el Relator Especial sobre la situación
de los derechos humanos y las libertades fundamentales de los indIgenas acerca de su
visita a Mexico, donde se seflalaron a la atención del Gobierno de Su Excelencia “los
abusos cometidos por elementos del ejército contra la población civil indIgena en
zonas de conflicto o de agitación social”, y especialmente violaciones de mujeres y
niflas indIgenas.
264. En la mayorIa de los casos, estos hechos no son objeto de persecución penal
debido a la “corrupción y a la impunidad en el sistema de justicia, por lo que muchos
indigenas desesperan de acudir a la procuradurla y a los tribunales”
(E/CN.4/2004/80/Add.2, parr. 36). En este sentido, el Relator Especial recornendó que
cualquier información flable sobre violaciones de muj eres/niflas indIgenas deberá ser
investigada de oficio por el ministerio p iblico aunque no medie una denuncia fonnal
(ibid. parr. 92).
265. Sin implicar de antemano, una conclusion sobre los hechos descritos, lbs
gustarla llamar la atención de Su Gobiemo sobre el informe del anterior Relator
Especial sobre la cuestión de la tortura, el Sr. N. R., donde seflala que la violación es
una forma de tortura excepcionalmente traumática (EICN.411995134, parr. 19).
Igualmente, nos permitimos llamar su atención sobre las recomendaciones del Sr. R.
AJHRC/7/6/Add. 1
Page 74
al Gobiemo de Mexico tras su visita en 1997 (E/CN.4/1998/38/Add.2). La
recomendación 88 j) afirma que “Los delitos graves perpetrados por ci personal
militar contra civiles, en particular la tortura u otros tratos o penas crueles, inhumanos
o degradantes, deben ser conocidos por la justicia civil, con independencia de que
hayan ocurrido en acto de servicio”.
Respuesta del Gobierno
266. Mediante comunicación de 17 de mayo de 2007 dirigida a la Relatora Especial
sobre la violencia contra la mujer, sus causas y consecuencias, el Gobierno de Mexico
contestó al liamamiento enviado ci 12 de marzo de 2007 por la Relatora
conjuntamente con el Relator Especial sobre la situación de los derechos humanos y
las libertades fundamentales de los indIgenas.
267. La comunicación del Estado consta en fotocopias de artIculos del boletin
informativo de la Secretarla de Relaciones Exteriores, Dirección General de Derechos
Humanos y Democracia, bajo el tItulo “Derechos Humanos: Agenda Intemacional de
Mexico. Jnformación para los representantes de Mexico en el exterior”.
268. El artIculo seflalaba que una necropsia realizada ci 26 de febrero por personal
medico de la ProcuradurIa General de Justicia del Estado de Veracruz concluyó que la
causa de la muerte fue un traumatismo craneoencefálico, fractura y luxación de
vertebras cervicales y anemia aguda.
269. Pero diversas omisiones e inconsistencias en la primera necropsia practicada
motivaron que la Comisión Nacional de Derechos Humanos solicitara ci 7 de marzo a
la ProcuradurIa lievar a cabo la exhumación del cuerpo. Segün estos documentos, ci
30 de abril de 2007, la ProcuradurIa General de Justicia del Estado de Veracruz
concluyó que la muerte de E. A. R se debió a “causas fisiológicas y mecánicas y no a
factores extemos”. Asimismo, se infonnaba de que ci Procurador General de Justicia
de Veracruz, E. L., y el Fiscal Especial del caso, J. A., informaron en rueda de prensa
sobre la decision de cerrar el caso judicialmente al no encontrar elementos probatorios
de los delitos de violación y homicidio.
AJHRCI7/6IAdd. 1
Page 75
Liamamiento urgente
270. El 24 de mayo de 2007, la Relatora Especial sobre la violencia contra la mujer,
con inclusion de sus causas y consecuencias, junto con el Relator Especial sobre la
Yenta de niflos, la prostitución infantil y la utilización de niflos en la pomografia y el
Representante Especial del Secretario-General para los defensores de los derechos
humanos, enviaron un ilamamiento urgente al Gobierno de Mexico en relación con la
Sra. L. C. R., periodista y defensora de derechos humanos, directora y ftmdadora del
Centro Integral de Atención a las Mujeres (ClAM) en Cancimn, una organización no-
gubemamental que se dedica a la provision de refugio y apoyo para las vIctimas de
violencia familiar, violencia sexual, y trata.
271. De acuerdo con la información recibida: El 7 de mayo de 2007, hacia las 12:20
horas, la Sra. L. C. R. llegó de Ciudad Juárez al Aeropuerto Intemacional de la
Ciudad de Mexico acompaflada de tres personas de la Agencia Federal de
Investigaciones (AFT) que la escoltan a raIz de las amenazas de muerte que habrIa
recibido por su trabajo.
272. La Sra. L. C. R., tres periodistas y los tres agentes viajaban del aeropuerto en
un vehIculo Suburban, propiedad de la Procuradurla General de la Repüblica.
DespuOs de viajar cinco kilómetros, entre Viaducto y Eje Central (Ciudad de
Mexico), el vehIculo comenzó a perder el control y el chófer tuvo que detenerlo.
273. Al bajar del vehIculo, los agentes habrIan encontrado que la llanta y la rueda
estaban a punto de salirse. Segün la información recibida, los agentes de AFI
consideraron que el problema del vehiculo habria sido provocado deliberadamente
para causar un accidente. La Sra. L. C. R. habria denunciado oficialmente el incidente
ante la policla, exigiendo una investigación exhaustiva de lo sucedido.
274. La Sra. L. C. R. es autora del libro “Los demonios de Eden: El poder detrás de
la pomografia infantil”, en el cual denuncia a la mafia de la pederastia en Mexico,
implicando a varios personajes pi blicos. En 2004, la Sra. L. C. R. habria sido
acusada de difamación y a raIz de estas acusaciones the detenida en diciembre de
A!HRC/7/6/Add. 1
Page 76
2005. Bn 1999 the vIctima de una violación, un acto de intimidación con la intención
de advertirle de los peligros de seguir con sus investigaciones sobre los crImenes de
violencia sexual en Mexico.
275. Se expresa profunda preocupación por la seguridad e integridad fisica de la Sra.
L. C. R.y se teme que estos eventos puedan estar relacionados con la actividad en
defensa de los derechos humanos de la Sra. L. C. R., en particular su participación en
la protección de los derechos de las mujeres y de los nifios en Mexico.
Liamamiento urgente
276. El 7 de septiembre de 2007, la Relatora Especial sobre la violencia contra la
muj er, con inclusion de sus causas y consecuencias, junto con el Relator Especial
sobre la tortura, el Relator Especial sobre la situación de los derechos humanos y las
libertades fundamentales de los indIgenas y el Representante Especial del Secretario-
General para los defensores de los derechos humanos, enviaron un liamamiento
urgente al Gobierno de Mexico en relación con el Sr. F. P., miembro del pueblo
indIgena tiapaneca, quien habia sido supuestamente vIctima de golpes e
intimidaciones por parte de personas presuntamente al servicio del Ejército.
277. Segi n la información recibida, el 30 de junio de 2007, el Sr. F. P. habrIa sido
golpeado por los Sres. H. y A. M. S. al frente de la Comisaria Municipal de Ayutla de
los Libres, estado de Guerrero. Mientras el Sr. F. P. se encontraba tendido en el suelo,
uno de los hombres le mostró un arma que lievaba oculta baj o la ropa y le habria
dicho: “Si intentas decir algo aqul te traigo tu comida. . .lo que estás denunciando con
tu esposa I. en contra de los guachos es mentira, y ya sabemos que hasta Estados
Unidos vas a ir, pero no te va a servir de nada porque es mentira lo que estás
diciendo”.
278. El 27 de julio de 2007, segt'in las informaciones, cuando el Sr. F. P. se dirigla a
su domicilio, se le acercó el tb de los dos hombres que lo habian agredido frente a la
Comisarla Municipal de Ayutla, y le habria dicho: udeja de chingar a los guachos,
sabemos que quieres ir hasta Estados Unidos a denunciar, y si no paras algo feo te
puede pasar”. El 1 de agosto, el mismo individuo lo volvió a amenazar con las
AIHRC/7/6/Add. 1
Page 77
siguientes palabras: “Hijo de tu chingada madre, ya deja de decir que a tu esposa la
violaron los guachos. Ya te dije que te vamos a partir tu madre”.
Carta de aIegaCiôll
279. El 18 de diciembre de 2006, la Relatora Especial sobre la violencia contra la
muj er, con inclusion de sus causas y consecuencias, junto con el Relator Especial
sobre la tortura, enviaron una carta de alegación al GobiemO de Mexico en relación a
casos de violencia sexual contra miembros del movimiento social “Frente de Pueblos
en Defensa de la Tierra”. El 3 y 4 de mayo de 2006 hubo enfrentamientos entre
fIierzas de seguridad y habitantes de los Municipios de Texcoco y San Salvador
Atenco, Estado de Mexico, que mantuvieron bloqueada la carretera Lecheria-
TexcocO. Estos eventos tuvieron como antecedente un conflicto politico entre las
autoridades municipales y grupos de vendedores e individuos pertenecientes al
movimiento social arriba mencionado. Durante las protestas varios manifestantes se
enfrentarOn de founa violenta a los cue o5 policiales del Estado de Mexico. Los
agentes de la Policia Federal Preventiva y la Agencia de Seguridad Estatal
reaccionaron haciendo un uso de la ftierza aparentemente excesivo. Segün informes,
unos policias caminaron sobre personas que estaban acostadas y esposadas. Dos
personas , entre ellos un menor de 14 aflos, fallecieron a consecuencia de los disturbios
sin que hasta la fecha se hayan esclarecido las circunstancias de las muertes. Las
ftierzas de seguridad detuvieron a 211 personas , incluidas 47 muj eres. Las muj eres
tenian entre 18 y 40 afios. Durante su detención fueron obj eto de diversas
modalidades de violencia sexual, fisica y b verbal. Al menos 23 de ellas reportaron
agresiones sexuales, tales como pellizcos y mordidas en los senos, violación por via
vaginal y anal con dedos y otros objetos y 4olaciOn por via oral. Los policias tambiOn
ejercieron violencia sexual al amenazar verbalmente con la violaciOn y al utilizar un
lenguaj e altamente discriminatorio relativo a la condición sexual de las muj eres
detenidas. A algunas muj eres les quitaron la top a violentalnente. En contravención a
lo dispuestO en los articulos 129 y 130 del COdigo de Procedimientos Penales del
Estado de Mexico, el personal del Centro PreventivO y de ReadaptaciOn Social
SantiagUito de Almoloya de Juárez, Estado de Mexico, no preservó las evidencias que
las secuelas de las lesiones y abusos ocasionados por los policias dej aron en la la ropa
AJHIRCI7I6IAdd.. 1
Page 78
de las mujeres agraviadas. A la ilegada de las mujeres agraviadas al Centro,
empleados del Centro quitaron algunas prendas de vestir a unas muj eres y a otras las
obligaron a lay arias. Aunque las muj eres solicitaron desde un primer momento poner
en conocimientO de las autoridades sus denuncias, no las registraron hasta la ilegada
de la Fiscalla Especializada de Delitos Violentos contra las Mujeres el 12 de mayo de
2006. Hasta la fecha del 4 de noviembre de 2006, 23 agentes de la Agencia de
Seguridad Estatal ftieron consignados por el delito de abuso de autoridad por la
FiscalIa Estatal.
280. Solamente un agente policial de la referida Agencia Estatal the consignado por
actos libidinosos. Ningün agente fue consignado por el delito de violación o abuso
sexual. La Fiscalla Federal Especial para Delitos Violentos contra Muj eres, que
también tiene competencia de investigar el caso, todavIa no ha formulado acusaciófl
contra mngün agente.
Respuesta del Gobierno
281. Por carta con fecha 17 de mayo de 2007, el Gobierno infontó que se decidió
implementar procedimientos administrativos y judiciales en contra de los elementos
de la Agencia de Seguridad Estatal (ASE) por los hechos suscitados en Texoco y San
Salvador de Atenco el 3 y 4 de mayo de 2006. Se informa que la autoridad judicial
emitió 17 ordenes de aprehensión en contra de elementos de la Policla Estatal por la
probable responsabilidad por el delito de abuso de autoridad. Sin embargo, dichas
ordenes, no han sido cumplidas en virtud del amparo concedido por el juez federal a
favor de los policlas acusados. El Gobiemo también afinna que 4 jefes de
destacamento del grupo de la ASE ftteron destituidos de sus cargos y 5 fueron
suspendidos por 90 dIas por tolerar tratos violentos por parte de sus compafieros a las
personas con las cuales tuvieron contacto para su traslado y no velar por su integridad
flsica.
282. En cuanto a las investigaciOnes sobre los supuestos abusos sexuales cometidos
en contra de las mujeres detenidas, el Gobiemo informa que el 15 de Mayo de 2006 la
FiscalIa Especial para la Atención de los Delitos RelacionadOs con Actos de Violencia
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Page 79
contra las Mujeres (FEVIMI) dio motivo al inicio de la averiguacióii previa
APIFBVIM/003/05-2006.
283. También se informa que ci 22 de mayo de 2006 la Comisión Nacional de
Derechos Humanos (CNDH), emitió un informe preliminar en ci que seflala que 211
quej as fueron interpuestas ante este organismo nacional por los hechos ocurridos el 3
y4demayodel200 6 .
284. De las 23 muj eres que sefialaron haber sido vIctimas de abusos sexuales ante la
Comisión Nacional de Derechos Humanos, 17 ratificaron su denuncia ante la
Procuradurla General de Justicia del Estado de Mexico y 2 de ellas han reconocido a
sus agresores.
Observaciones
285. La Relatora Especial sobre la violencia contra la muj er, con inclusion de sus
causas y consecuencias, agradece las informaciones proporcionadas por ci Gobiemo
en reiación con sus cartas de 12 de marzo de 2007 y de 18 de diciembre de 2006. La
Relatora Especial sobre la violencia contra la mujer, con inclusion de sus causas y
conseduencias, agradecerla recibir del Gobiemo, asI como de otros interesados,
información sobre ci resultado de los procesos judiciales relativos a los casos de San
Salvador Atenco.
286. Por otro lado, la Relatora lamenta no haber recibido respuesta a sus
comunicaciones de 7 de septiembre y de 24 de mayo de 2007 en ci momento de
finalización del presente informe y reitera su interés en recibir respuestas en relación
con las alegaciones sometidas.
Myanmar
Urgent appeal
AIHRCI7I6/Add. 1
Page 80
287. On 9 March 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Chairperson-RapPorteUr of the Working
Group on Arbitrary Detention and the Special Rapporteur on the question of torture
sent an urgent appeal to the Government regarding Ms. R. N., Ms. C. N. R., Ms. N. H.
D. and Ms. P. R., four girls aged between 14 and 16 years from Kachin State
reportedly detained at Putao Prison, Kachin State.
288. According to information received: In early February 2007, the four girls were
gang-raped by three army officers and four soldiers from a Government military base
of the State Peace and Development Council. The alleged perpetrators belong to
Infantry Battalion No. 138, based in Munglang Shidi, Putao District, Kachin State.
289. Army officials reportedly gave money to the girls and their parents to induce
them not to report their case to the police. However, in late February, the incident was
reported by an independent news agency. After the information was released, the four
girls were immediately arrested and are now detained at Putao Prison, Kachin State.
Allegation letter
290. On 10 May 2007, the Special Rapporteur on violence against women, its causes
and consequences jointly with the independent expert on minority issues, the Special
Rapporteur on the sale of children, child prostitution and child pornography, the
Special Rapporteur on the situation of human rights in Myanmar, the Special
Rapporteur on trafficking in persons, especially women and children, and the Special
Rapporteur on the question of torture sent an allegation letter to the Government.
291. On 2 November 2005, the Special Rapporteur on violence against women, its
causes and consequences, along with the Special Rapporteur on the situation of
human rights in Myanmar, the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, the Special Rapporteur on the question
of torture, 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 sale of children, child prostitution and child pornography, the Special Rapporteur
on trafficking in persons, especially women and children and the independent expert
AIHRCI7I6IAdd. I
Page 81
on minority issues, sent a letter of allegation concerning reports of widespread and
systematic violence against women and girls in Myanmar. The Special RapporteUrs
used this opportunity to express their regret that, at the time of writing, they had not
received any reply to this letter. This is of particular concern in view of the fact that
they continue to receive allegations that such practices continue.
292. According to information received: Military forces continue to commit rape in
several regions, including KarenlKayifl, Mon, Shan and Chin. Over the last 18 months,
125 cases of rape have been reported in Karen areas, and about 30 cases of rape
against women and minor girls have been reported in Chin areas. The soldiers
committing rape display extreme violence, sometimes torturing and murdering their
victims.
293. The Special RapporteUrs would like to reiterate their concern that the reported
cases indicate a trend of sexual violence which is particularly alarming, bearing in
mind that the above figures reflect only cases of rape that have been reported. Real
numbers may be much higher due to the fact that many women do not report incidents
of sexual violence because of the trauma and stigma attached it. The Special
RapporteurS were also concerned that sexual violence seems to be particularly
endemic in areas of Myanmar where ethnic minorities live. They had, moreover, not
been informed about any attempts by the Government of Myarimar to identify,
prosecute and punish the perpetrators and bring them to justice. Therefore, they were
concerned that sexual violence and the consistent and continuing pattern of impunity
have contributed to an environment conducive to the perpetuation of violence against
women and girls.
Observations
294. The Special RapporteUr regrets not having received any reply to her
communications sent in 2007 and reiterates her interest in receiving a reply from the
Government in regard to all allegations submitted, particularly given the alleged
widespread sexual violence and exploitation against women and girls.
A!HRC/7/6/Add. 1
Page 82
Mongolia
Allegation letter
295. On 9 March 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Rapporteur on trafficking in persons,
especially women and children, sent to the Government an allegation letter
concerning Ms. B. B., a 28-year old woman from Dalanzadgad Soum, Umnugobi
Province.
296. According to information received: When Ms. B. E.'s husband left for the
Republic of Korea in search of work, she and her son remained in Mongolia. Ms. B. E.
earned a low salary at the ‘Mon-Fresh Co.Ltd, a local business. Ms. M., a resident of
Erel Building 46, Apt.26, Bayanzurkh District, offered Ms. B. B. to accompany her to
Beijing to work as her assistant. Ms. B. B. assumed that she worked as a translator in
Beijing.
297. Ms. B. E. accepted the offer and placed her son with her mother. Before their
departure to Beijing in April 2006, Ms. M. gave Ms. B. B. a loan of 300.000 Tugrik.
Ms. M. and Ms. B. B. took the train to Beijing, crossing the border in Brlyan.
298. Upon their arrival in Beijing, Ms. M. demanded that Ms. B. B. to repay the loan
of 300.000 Tugrik and forced her to work as a prostitute at a bar called “DEN” to
repay her debt. Ms. B. B. did not speak Chinese and had never been to Beijing. Ms. M.
also took away her passport, money and all phone numbers of friends and family
members. Furthermore, Ms. M. reportedly beat Ms. B. B. when she refused to have
sex with men, and threatened that she would call her family and friends and inform
them that she was working as prostitute.
299. On 19 April 2006, Ms. B. B. escaped, taking her passport with her. On 1 May
2006, she returned to Mongolia with the help of two men, who also gave her 2500
Yuan to help her. Allegedly, Ms. M. called Ms. B. E. from Beijing and threatened that
if she did not pay her a sum of 200.000 Chinese Yuan she would inform everyone that
Ms. B. B. had worked as prostitute. On 5 May 2006 Ms. M. called again threatening
AfFfRCI7I6IAdd. 1
Page 83
to provide the same information to the police. Allegedly, Ms. M.'s sister, Ms. S., who
lives in Mongolia, had als.o threatened Ms. B. B.
300. On 10 May 2006, Ms. B. B. went to the police and filed a criminal complaint
alleging that she had been trafficked to Beijing where she had been sexually exploited.
However, on 28 May 2006, the Prosecutor closed the investigations into her case
stating that Ms. B. E. had not been sold to a buyer as required by the definition of
trafficking contained in article 113 of the Mongolian Criminal law. The prosecutor
reportedly also took the position that the main alleged perpetrator and essential
witnesses lived outside of Mongolia so that the case was outside the jurisdiction of the
Mongolian authorities.
301. Ms. M. is presumed to still be in Beijing. Ms. B. B. remains in Mongolia in a
destitute situation without support from her family or friends, who have ostracized her
due to her involvement in, albeit forced, prostitution.
Observations
302. The Special Rapporteur regrets not having received a reply to the
communication sent in 2007 and reiterates her interest in receiving a reply from the
Government in regard to all allegations submitted.
Mozambique
Allegation letter
303. On 15 March 2007, the Special Rapporteur on violence against women, its
causes and consequences jonitly with the Special Rapporteur on trafficking in persons,
especially women and children, the Special Rapporteur on the sale of children, child
prostitution and child pornography; and the Special Rapporteur on the human rights of
migrants, sent an allegation letter to the Government concerning the trafficking in
women and children for purposes of sexual exploitation and forced labour to
Mozambique, and through and from Mozambique to South Africa.
A/11RC1716/Add. 1
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304. According to the information received: From Maputo, women and children are
reportedly trafficked via Ressano Garcia or the Lebombo border to Gauteng, in South
Africa. Another route used for trafficking of persons to South Africa, specifically to
Gauteng and KwaZulu-Natal, is the border at Ponta do Ouro. The trafficking of these
persons continues further either to the south of Swaziland and directly to
Johannesburg and Pretoria, or south to Durban and Pietermaritzburg. It is estimated
that approximately 1000 Mozambican women per year are trafficked along these
routes. Reportedly, children are also trafficked daily in trucks through the Kruger
National Park or the Swaziland border. Mozambicans from the north are trafficked
into South Africa via Zimbabwe. It is further alleged that people being trafficked from
the Great Lakes Region and East Africa enter the north of Mozambique via Malawi or
Tanzania. Mozambican ports are also said to be a stopping point for traffickers
travelling by sea, who then continue the journey overland to South Africa.
305. It is moreover reported that small-scale trafficking networks, based at transit
houses in the border region between Mozambique, Swaziland and South Africa, use
minivan taxis to smuggle both migrants and trafficking victims across the border.
Accomplices in Johannesburg, Maputo and in the Lebombo region in South Africa
reportedly assist this process through recruiting, accommodating and transferring
migrants and trafficked persons to the final destinations. Organized groups of
Mozambican refugees living legally in South Africa are also reported to be involved
in such activities.
306. In this context, young women attempting to find work in South Africa are
allegedly led to believe that they will be offered employment as waitresses or
domestic workers. However, upon arrival at the said transit centres the women are
separated from others, and forced into prostitution or forced labour in agriculture,
manufacturing or service industries. When subjected to forced labour, reports indicate
that they are often subject to sexual abuse by their employers. Reports also indicate
that young women and girls are sold, at the transit centres in Tonga and Johannesburg
in South Africa, as “wives” to South African men. There are reports of “stocks” of
women being displayed and of the possibility of “wives” ordered on demand.
AIHRC/7/6/Add. 1
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307. Trafficked children are reportedly sold for 30 to 50 US $ per child. Orphans are
particularly vulnerable to trafficking, particularly because of a reported practice of
informal adoption of children and because of adoption laws alleged to facilitate their
trafficking. There is an estimated 1.6 million orphans in Mozambique, of whom
380,000 have lost their parents due to HI'V/AIDS.
308. Moreover, AIDS is reported to play a major role in increasing the demand for
the trafficking of younger and presumably uninfected sex workers. Extreme poverty
may also render women and children more vulnerable to being trafficked.
309. So far, no suspected trafficker has ever been tried for trafficking in persons, but
instead under laws related to kidnapping, corruption of minors and hijacking.
Furthermore, it is reported that trafficking through several unguarded borders is
facilitated by the complicity or the tolerance of some border authorities.
310. The Government of Mozambique has been undertaking considerable efforts to
combat trafficking, including through the establishment of a National Campaign
against Child Abuse. On 20 September 2006, the United Nations Convention against
Transnational Organized Crime and the United Nations Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children were ratified. A
national anti-trafficking law to ensure domestic implementation of the Protocol has
yet to be adopted, however. At the time of writing, efforts to do so were reportedly at
an advanced stage, and public debates had been held in several regions. The final draft
law would reportedly be presented to the Council of Ministers in the near future and
will be discussed during the March session of the Parliament.
Observations
311. The Special Rapporteur regrets not having received a reply to the
communication sent in 2007 and reiterates her interest in receiving a reply from the
Government in regard to all allegations submitted. Whilst recognising and
commending the Government of Mozambique for the measures it was in the process
of putting into place, the Special Rapporteur expresses concern that pending the full
AIHRCI7/6/Add. 1
Page 86
implementation of the United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, trafficking in persons
apparently continues unabated.
Nepal
Response from the Government to a communication sent in 2006
312. On 13 April 2006, the Special Rapporteur on violence against women, its
causes and consequences, and the Special Rapporteur on the sale of children, child
prostitution and child pornography, sent a letter of allegation to the Government of
Nepal concerning the trafficking and sexual exploitation of Nepalese girls in brothels
in Calcutta and Mumbai, India. The full details of the allegations submitted have been
reflected in the Special Rapporteurs' previous reports on communications sent and
received. 9
313. By a letter dated 23 January 2007, the Government of Nepal sent a “Brief
outline of the Efforts made by the Government of Nepal in addressing the problem of
trafficking of women and children”. This document, after a detailed introduction on
the Government's commitment in fighting trafficking of women and children, states
that there are no specific empirical studies carried out by the Government of Nepal to
ascertain the statements made in the Special Rapporteurs' letter. However, legal
arrangements have been made to curb such activities. The Trafficking in Persons
(Control) Act, 1987, incorporates provisions of harsh penalty and imprisonment to the
perpetrators of such crime (up to 20 years of imprisonment and Rs. 200,000.00
penalty). It also provided an extra-territorial jurisdiction in such cases allowing
indicted person to be prosecuted in the Court of Nepal wherever the crime may have
been committed. Any of the police offices in Nepal can accept the complaint of such
cases. The principle of strict liability is applied, under which the statement of the
victim or the plaintiff is considered as strong evidence against the defendant who has
to prove his/her innocence. Cases under this Act are investigated and prosecuted by
the Government attorney as a party of the case. The Government brings a judicial-
A/HRC/4/3 4/Add. 1 and A/HRC/4/3 1/Add. 1, respectively.
A/HRC/7/6/Add. 1
Page 87
case as an example of the sensitivity in the interpretation of laws on trafficking from
the victims' perspective.
314. A table was provided with cases filed by prosecution officers to the court:
Year
Total Cases Filed
Cases adjudicated
by the court
Cases awaiting
court procedures
to be completed
2058/059 (July2001 -
June 2002)
136
72
64
2059/060 (July 2002-
June 2003)
133
50
83
2060/061 (July2003 -
June 2004)
173
88
85
315. The Government affirmed that the above table shows that perpetrators have
been identified and penalised by decisions of the court. In case where sufficient
evidence proves that alleged person is involved in the trafficking of person, s/he is
kept in judicial custody during the prosecution of the case. Even when the court of
first instance acquits an accused, the Office of Government Attorney files appeal to
the Higher Court for the review of the verdict.
316. Furthermore it is reported that investigation and prosecution of every individual
case takes place afler the complaint is lodged. This may follow necessary physical and
medical examinations as per the nature of the case and condition of the victim, which
is determined by the investigating officer. The investigating officer, in co-ordination
with the Office of the District Govermnent Attorney files the case to the competent
court for the adjudication of the case.
317. Moreover, the Government declared to have established a rescue/emergency
fund in some districts which are considered as major transit points of trafficking. As
regards to the efforts to undertake necessary rehabilitation of the returned girls and
women, in view of the need for special care and protection of the victims of crimes
related to trafficking, MWCSW has run a “women self-reliance and rehabilitation
home” since 1998. Several NGOs in co-operation with the Government have been
AIHRC/7/6/Add. 1
Page 88
providing shelter and training for the rehabilitation and provided means of livelihood
to such victims in different parts of the country. The existing laws provide for the
establishment of a rehabilitation fund to run social rehabilitation centre for the victims
of trafficking. A committee for the overall co-ordination of the activities with
different stakeholders is also envisioned.
318. Finally, the Government assured that there were instances of compensation to
the victims. Half of the penalty amount accrued from the convicted criminal of
trafficking is awarded to the victim or her/his minor children, in case the victim has
already died.
Response from the Government to a communication sent in 2006
319. On 1 December 2006, the Special Rapporteur sent a letter of allegation
concerning Ms. M. R. C., a “metis” @ersons who are men by birth but identify as
women), human rights outreach worker and member of the Blue Diamond Society.
She was verbally abused by members of the Durbar Marg Police, and was intimidated
and humiliated by police (including by sexual violence). The full details of the
allegations submitted have been reflected in the Special Rapporteur's previous report
on communications sent and
320. By a letter dated 7 June 2007, the government of Nepal informed that upon
inquiries by the concerned authorities of Nepal on the information contained in the
communication sent by the Special Rapporteur, it has been revealed that Thamel
being one of the most crowded areas in Kathmandu where incidences of clash and
arguments between the people often happen, the police, in cooperation with the
municipality officials, has been engaged in regular duty for managing traffic,
removing of irregular parking as well as facilitating the smooth movement of crowd
for the ease of commuters and pedestrians. They have not been engaged in taking
photographs or filming the activities of the metis nor they have been indulged in
verbal abuse or harassment of them as alleged in verbal abuse or harassment of them
as alleged in the communication.
10 AJHRC/4/34/Add 1.
A/HRC/7/6/Add. 1
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Allegation letter
321. On 2 May 2007, the Special Rapporteur on violence against women, its causes
and consequences, and the Special Rapporteur on the question of torture sent an
allegation letter to the Government concerning alleged human rights violations
committed by members of the Maoist party against a lesbian couple, 16 year-old D.
(N.) C., from the Village-Tarahara Ward No.-08, and 20 year-old S. C., from Village-
Pakali Ward No.-l. Both women belong to a low caste in the Sunsari district of Terai,
the marginalized area of East Kathmandu, where the Communist Party of Nepal
(Maoist) is exercising delegated authority.
322. According to information received, the two young women started living
together in the beginning of 2006. They have been hiding in different places since
their respective families do not approve of their lesbian relationship. Ms. D. C. was
forcibly returned by her parents to her family home on several occasions, most
recently on 22 March 2007. Her parents and her brother (who is a Maoist) informed
the Maoists about their relationship in order to encourage them to discontinue their
lesbian relation and lifestyle.
323. In October 2006, Ms. D. C. and Ms. S. C. were abducted and held in the Maoist
camp in Lochani village in Morang District. At the camp, the Maoists called the
couple derogatory names for homosexuals including “chakka” and “hij ara” and
ordered the girls to join the Maoist party and undergo the training for Maoist militia.
As the young women refused to join the Maoist party and carry weapons, they were
allegedly beaten, verbally abused, and deprived of food almost everyday. After being
detained for almost one month, they managed to escape from the camp and went into
hiding.
324. On 2 March 2007, the women were allegedly abducted again by the Maoists
from Pakali village when they were on their way to celebrate the annual Hindu Holi
festival in Pankali village in Sunsari district.
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325. The women were taken into custody at the Maoist camp in Singiya village,
Sunsari district. They were intensively interrogated about whether they were
homosexuals. During their interrogation they were told that their blood should be
tested in order to find out whether they are lesbian or not. The women were released
after ten hours on the condition that they return with staff from the Human Welfare
Society to their parents. Human Welfare Society was allegedly also summoned to the
Maoist camp and subjected to part of the interrogation. Since the parents did not come,
the Maoists allegedly informed the girls that they would talk to their parents
separately and contact them soon again.
326. On 9 April 2007, the couple filed an official complaint to the Nepal National
Human Rights Commission. Their complaint is registered as number 3403.
327. At the time of the writing, the couple was hiding, living under difficult
economical conditions, surviving on daily labour but are allegedly frightened to go to.
work due to that their family members or Maoists may find them and abduct them
again.
Urgent appeal
328. On 20 June 2007, the Special Rapporteur on violence against women, its causes
and consequences and the Special Representative of the Secretary-General on the
situation of human rights defenders sent a letter to the Government of Nepal
concerning human rights defenders Ms. R. M. and Ms D. K. M., members of the
Women ‘s Rehabilitation Centre (WOREC), in the Siraha district. WOREC is a non-
governmental organization working on social justice and human rights, specifically
women's rights, and the rights of marginalized groups in Nepal such as the Dalits. Ms
R. M. and Ms D. K. M. have been involved in documenting cases of violence against
women and providing support to victims for several years.
329. According to information received: On 14 June 2007, at approximately
13.00 pm, the offices of WOREC were surrounded by between 60 to 70 men who
warned staff working at the time that if they did not leave the village within five days
they would be raped and killed.
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330. On 2 June 2007, at approximately 11 .5Opm, unidentified assailants attacked the
WOREC office with sharp bricks. Staff working at the centre at the time, went outside
to investigate and were met with a barrage of bricks before the assailants absconded.
No serious injuries were sustained in the attack however staff claimed they felt their
lives were being threatened. The police were called after the attack but allegedly
maintained that they could not come to the scene of the attack for security reasons but
assured staff that they would investigate the case the following morning. A few days
later the main gate of WOREC was dismantled and thrown onto the road. Those
responsible were identified as the alleged perpetrators in the rape cases mentioned
below.
331. During the months of April and May 2007, Ms. R. M. and Ms. D. K. M.
documented two cases involving the attack and rape of two local women. They also
assisted the women in registering their claims with the police and obtaining legal and
medical advice. Ms. R. M. and Ms. D. K. M. have been challenged on numerous
occasions by members of the Govindapur community, in the Siraha district, for their
activities in defence of human rights, however since April their situation has
deteriorated considerably. Ms. R. M. has reportedly been threatened with death, rape
and kidnapping, and in one incident an alleged perpetrator in one of the
aforementioned rape cases, threatened her by saying that he ‘had unleashed a man
who would rape any woman and who will raise sensitive issues so the women should
stay alert'. The Govindapur community has also strongly criticised Ms. R. M. and Ms.
D. K. M. for taking the cited cases to the police instead of settling them within the
community.
332. Concern was expressed that the aforementioned events are directly related to the
work of Ms. R. M. and Ms. D. K. M. in defence of human rights, in particular their
involvement in making public the cases of two female rape victims in the Govindapur
community. Further concern is expressed at reports of a lack of response from the
police in investigating the alleged threats against Ms. R. M. and Ms. D. K. M., and the
attack on the office of WOREC.
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Allegation letter
333. On 13 July 2007, the Special Rapporteur on violence against women, its causes
and consequences and the Special Rapporteur on the question of torture sent an
allegation letter to the Government concerning Ms. K.K., a 15-year old girl with a
mental disorder from Dekhatbhuli VDC, Kanchanpur.
334. According to information received: On 4 June 2007, when Ms. K.K. was on her
way to visit her uncle, two police constables, Mr. H. C., from Zonal Police of
Mahakali Zone, and Mr. R. S., from the Police Battalion Kanchanpur, requested her to
accompany them. The two men took her to a house, which was situated next to a tea
shop that belongs to Mr. R. S., s brother, and raped her. Subsequently, the two police
constables took Ms. K.K. to the residence of another police constable from Mahakali
Zonal police, Mr. J. M., and left her there with Mr. J. M.'s wife, Ms. R. M. In the
evening, Mr. J. M. and his nephew Mr. T. D. came to the house and proceeded to rape
Ms. K.K. throughout the night.
335. Mr. J. M.'s wife, Ms. R. M., was at home when the rape occurred. On the
morning following the rape, Ms. R. M. tore off Ms. K.K. clothes, accusing her of
wanting to become her husband's second wife. Later that day, Ms. R. M. took her to
the Zonal Police Office. After a preliminary investigation Ms. K.K. and Ms. R. M.
where referred to the District Police Office. One of the police officers who initially
interviewed Ms. K.K. was a man. Subsequently Ms. K.K. was taken to Mahakali
Zonal Hospital in Kanchanpur for a medical examination, which confirmed that she
had been raped.
336. Ms. K.K. was bleeding for several days from her uterus after the incident. The
doctors who examined the victim prescribed medication for her physical injuries
however, no counselling or specific protection measures have been provided to Ms.
K.K.
337. Mr. R. S., Mr. T. D. and Ms. R. M. were arrested on 5 June 2007. They have
been charged with rape by the District Court, and remain in detention. The two other
perpetrators, police constables Mr. H. C. and Mr. J. M., are still at large despite the
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arrest warrants issued against them. All three police constables have been suspended
from their jobs.
338. Welcoming the investigative steps that the authorities have already undertaken,
we urge the Government to ensure that all perpetrators are brought to justice without
unnecessary delay. We also call on the Government to ensure that the child victim
receives all necessary mental and physical health care; to protect her and her family
from possible reprisals; and to compensate her for the violations she reportedly
suffered at the hands of state agents on duty.
Reply from the Government
339. On 10 September 2007, the Government replied to the letter sent on 13 July
2007, acknowledging receipt and noting the letter had been forwarded to Kathmandu
with the request for information on this case.
Allegation letter
340. On 24 August 2007, Special Rapporteur on violence against women, its causes
and consequences sent an allegation letter to the Government concerning Ms. B. G
C., aged 15, permanent resident of Ramghat Village Development Committee, ward
number 8, Surkhet District, Nepal.
341. According to information received, On 19 July 2007, Ms. B. G C. was on her
way home from Latikoili on a micro bus, when Mr. R. N. B., a soldier working in
Midwestern Divisional Army Headquarter, Banke district, and Mr. Y T., a civilian
friend of Mr. R. N., sat down next to her and began questioning her. After learning
Ms. B. G C's name and address, the two men followed her off the first bus, and tried
to persuade her to take a separate vehicle home with them, as they insisted they lived
nearby. When Ms. B. G C. got on a second bus, the men followed her.
342. Allegedly, Mr. R. N., and Mr. Y. T. then convinced Ms. B. G C. to get off the
bus and join them for some food. As soon as they were off the bus, Mr. Y. T. grabbed
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her and dragged her to the ground, threatening her that she would be killed if she
made any noise. Ms. B. G C. was then violently attacked by both men. Mr. Y T. raped
her first, while Mr. R. N. watched; subsequently Mr. R. N., raped her as well,
following which, the men left her naked on her own.
343. Ms. B. G C. got on a bus and happened to be seated next to a nurse from the
Bheri Zonal Hospital, who sent her to an NGO, Maiti Nepal, in Nepalgung. Maiti
Nepal took her for a medical examination, with the help of the District Police Office
(DPO) in Banke district. The statement she gave to this DPO was then forwarded to
the DPO in Surkhet. The next day Ms. B. G C. was taken to the Bheri Zonal Hospital
for another medical examination, which concluded that she had been raped.
344. On 3 August 2007, Ms. B. G C., with the help of the NGO Advocacy Forum,
filed a First Information Report (FIR) against the assailants with the DPO in Surkhet.
While the DPO officers initially refused to register the report, presumably due to the
involvement of army personnel, they finally accepted it.
345. The DPO in Surkhet requested that the Mid-Western Divisional Army
Headquarters hand Mr. R. N., over to the police for investigation, which they did on 9
August. He is currently in police custody. The district court approved an extension of
his detention for seven days starting from 13 August in order to complete
investigations.
346. An arrest warrant has been issued for Mr. Y. T., but he has not been arrested yet
and has reportedly fled the area. The Special Rapporteur expressed concern that there
were fears for the safety of Ms. B. G C. for reasons of personal security, as Mr. Y T.
has not yet been arrested.
Reply from the Government
347. On 23 October 2007, the government replied to the letter sent on 24 August
2007, acknowledging receipt and noting the letter had been forwarded to Kathmandu
with the request for information on this case.
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Allegation letter
348. On 25 September 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Representative of the Secretary-
General on the situation of human rights defenders sent an allegation letter to the
Government regarding Ms. U. D. B., member of the “Badi Adhikari Sangharsa
Samiti” (Badi community Struggle Committee), and women and male human rights
defenders of the Badi community in Nepal.
349. According to information received, on 22 August 2007, three dozen women
human rights defenders from the Badi community were reportedly beaten and
detained in custody. They were protesting in Singha Durbar, in Kathmandu. Allegedly,
the aim of their protestation was the rehabilitation of women who have been forced to
work as commercial sex workers, the right to own land, the equal representation of
male and female candidates in the constituent assembly, and the establishment of legal
bodies at all levels of the government addressing issues as racial discrimination,
untouchability and legal identity for their children who are deprived of citizenship
certificates. All the protestors were released later on that day without being charged.
350. On 27 August 2007, 450 Badi women and men (225 of them were women from
the Badi Community Struggle Committee and members of the Dalit Civil Society
Movement) protested to enter in Singha Durbar. They were beaten with truncheons by
the police. Reportedly, the police tried to take off the clothes of Ms. U. D. B., the
coordinator of the Badi community Struggle Committee. 120 protestors were arrested
by the police. Ms. U. D. B. and other women human rights defenders of the Women's
rehabilitation centre (WOREC) were taken to the Armed Police Battalion number-2 in
Maharaj gunj. They were released in the evening without charge against them.
351. On 7 September, members of the Badi Community protested again in front of
Singha Durbar. They were severely beaten by the police. On 9 September, during
another protest in Harihar Bhawan, members of the Badi community were beaten by
the police with sticks and boots. The police also poked sticks into people's organs.
One of the victims is P. B., 18 years old, whose intestine was badly damaged.
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Altogether 140 persons were arrested and taken to Mahendra Police Club in
Maharagunj, Kathmandu, and were kept there for around 8 hours without being
provided any food or water. Demonstrations seem ongoing.
Reply from the Government
352. On 31 October 2007, the Government of Nepal replied to the letter sent on 25
September 2007, acknowledging receipt and noting the letter had been forwarded to
Kathmandu with the request for information on this case.
Observations
353. The Special Rapporteur would like to thank the Government for its replies to
some of her communications.
354. The Special Rapporteur regrets not having received any substantive responses to
her communications sent on 2 May, 20 June, 13 July, 24 August and 25 September
2007 and reiterates her interest in receiving a reply from the Government of Nepal in
regard to all allegations submitted, and whether the cases reported in the
communications have resulted in any prosecutions of alleged perpetrators. She notes
in this respect that according to the Declaration on the Elimination of Violence
against Women, States have a duty to take positive action and exercise due diligence
to prevent and protect women from violence, to prosecute and appropriately sanction
perpetrators of violence and to ensure that victims of violence receive compensation.
States have this duty regardless of whether the relevant acts have been committed by
private or State actors.
New Zealand
Allegation letter
355. By letter dated 28 June 2007, the Special Rapporteur notified jointly with the
Special Rapporteur on trafficking in persons, especially women and children and, the
Special Rapporteur on the human rights of migrants that they had received
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information regarding the case of Ms. T.A.T reportedly a trafficking victim of
Ukrainian origin.
356. According to the information received, Ms. T.A.T was born in Ukraine. She was
reportedly trafficked to Auckland, New Zealand in 2003. Ms. T.A.T is married to a
citizen of New Zealand. They had a child born in 2005, who is therefore also a citizen
of New Zealand.
357. According to information received, in 2003, Ms. T.A.T was deceived by
unknown persons residing in the Ukraine into believing that papers had been arranged
for her to work lawfully as a waitress in New Zealand. Upon her departure from
Ukraine to New Zealand, she was told by her traffickers in Ukraine that she would be
travelling with a false passport. When she protested against this, she was warned that
she already owed her traffickers the sum of US$ 5,000 for her ticket to New Zealand
and for arrangements undertaken to provide her with a visa and temporary residence
permit for New Zealand. She was also threatened that if she refused to comply with
instructions, her family in Ukraine would suffer.
358. Information received also indicated that she flew to New Zealand via Bangkok
in the company of a man. Once in Bangkok, she was informed that she would fly to
New Zealand alone but that she would immediately be met with a man at the airport
who would take care of her from then on. Upon arrival at Auckland Airport, this man,
took away her passport and took her to an apartment in a nightclub in Auckland,
where she was sold to a group of men who forced her to work as a prostitute. There
were two other Ukrainian women in that same apartment who had also found
themselves in her same situation and who had also been brought to New Zealand
under similar circumstances of false promises.
359. It is also reported that, Ms. T.A.T and the women she lived and worked with,
were never allowed to leave the apartment, except for once a week to buy their
weekly groceries; on such occasions, they were always accompanied. The women
were given very little food and when Ms. T.A.T fell ill during her captivity the
traffickers were reluctant to let her see a doctor.
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360. Six months after Ms. T. A. T. arrived in New Zealand, the nightclub was
suddenly closed down and the traffickers who had forced her to work as a prostitute
left the premises. It is alleged that, she was nevertheless still forced to continue
working as a prostitute by the man who had initially met her at the airport upon her
arrival in New Zealand, claiming that she had still not repaid her debt. Ms. T.A.T and
the two other women, however, managed to escape from the flat and went into hiding.
It is then that Ms. T.A.T met the man who later became her husband.
361. It is further alleged that, at that stage, Ms. T.A.T sent an application to the
immigration authorities to obtain a residence permit. Her husband also wrote to the
Immigration Office to support his wife's application, stressing that Ms. T.A.T had not
voluntarily used false documents to enter New Zealand, but had been forced by her
traffickers to do so. The immigration authorities nevertheless issued Ms. T.A.T with a
Removal Order, arguing that they found no substantial evidence of Ms. T.A.T's actual
identity.
362. Reports indicated that the authorities argued that she had committed a serious
offence in using false documentation to enter the country and was therefore advised to
make arrangements to leave the country voluntarily; otherwise she would be arrested
and deported.
363. In order to respond to the authorities' request for identification, Ms. T.A.T
managed to obtain copies of her birth certificate and her Ukrainian identity
documentation from Ukraine. On 29 March 2007, Ms. T.A.T launched an appeal
against the Removal Order, in accordance with Section 130 of the Immigration Act of
1987.
364. Finally, according to information received, investigations into the cases of the
other Ukrainian women who were allegedly trafficked together with Ms. T.A.T are
reportedly underway. Ms. T.A.T's house was searched and questioned as part of such
ongoing investigations. It is reported that a number of the traffickers had been
convicted but that some of the trafficked women had already been sent away from
New Zealand. Other traffickers, including the man who met her at the airport,
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allegedly remained at large. Moreover, Ms. T.A.T claims that this man and other
members of the group that trafficked her to New Zealand were threatening her
because they know that she is giving infonnation to the authorities. She fears that she
would face a risk to her life, if she were returned to the Ukraine.
365. On 20 July 2007, the Special Rapporteur on violence against women, its causes
and consequences and Special Rapporteur on the human rights of migrants wrote
again to the Government asking for information of any developments on this case.
Reply from the Goyernment
366. By letter dated 5 July, the Government acknowledges receipt of the letter sent
by the Special Rapporteurs on 28 June 2007, and informed that T.A.T.!s file would be
assigned to an investigator.
367. On 27 August 2007, the Government of New Zealand replied to the letter
concerning the case of Ms T. A. T. In its response, the Government stated that it had
reviewed Ms. T. A. T.'s case, and that further enquiries by the relevant authorities
were still being conducted. The Government noted that all enquiries conducted thus
far show no evidence to support the claim that Ms. T. A. T. is a victim of trafficking,
and accordingly, the Government disputes the veracity of the allegations contained in
the abovementioned letter of 28 June 2007.
368. The Government also reported that any new information related to this case
would be transmitted without delay to the Special Rapporteurs.
369. Finally, the Government further reported that Ms. T. A. T. was in New Zealand
at the present time, and assured the Special Rapporteurs that no further step will be
taken to return Ms. T. A. T. to her country until the enquiries of her case have been
concluded.
Observations
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370. The Special Rapporteur would like to thank the Government of New Zealand
for its reply to her communication, and in particular for the Government's
authorization to let Ms. T. A. T. stays in New Zealand until all enquires are concluded.
She looks forward to receiving more infonnation on the outcome of the investigations
launched in the case.
People' Republic of China
Responses from the Government to communications sent in 2006
371. On 30 November 2006, the Special Rapporteur sent an urgent appeal
concerning Mr. G. Z., a lawyer and Director of a private firm in Beijing, his wife Ms.
G. H., their children aged 13 years and two years and his 70 year old mother in law.
Concerns were expressed for the physical and physical and psychological integrity of
Mr. G. Z. as it is feared that he may be subject to torture or ill- treatment while in
detention. Concern was also expressed that the charges against him may be fabricated
and may represent an attempt to prevent him and deter others from carrying out
legitimate legal work in defence of human rights. Further concerns were also
expressed for the safety of his family, particularly his family, his wife, Ms. G. H. and
his children as it was feared that they may be subject to further act of intimidation,
harassment or violence because of Mr. G. Z.'s aforementioned human rights work.
372. The full details of the allegations submitted have been reflected in the Special
Rapporteur' s previous report on communications sent and received.”
373. By a letter dated on 14 August 2007, the government of China replied that on
15 August 2006, Mr. G. Z. was placed under investigation by Beijing public security
authorities, in accordance with the law, on suspicion of the commission of a criminal
offence, and, on 21 September, his arrest warrant was approved by the procurator's
office. Beijing people's procurator's office No.1 laid charges against G. Z. for the
offence of fomenting subversion of the State and instituted proceedings against him
with Beijing people's intermediate court No.1.
11 A/HRC/4/3 4/Add. 1.
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374. Beijing people's intermediate court No.1 determined, following its
consideration of the case in open proceedings, that: from December 2005 to May
2006, Mr. 0. Z. had composed and published on website such as “dajiyuan. Corn”,
“kanzhongguo.com” and others, nine articles with such titles as “three open letters
from G. Z. to H. J. and W. S.” and “this administration never stops killing people”. In
these articles, Mr. 0. Z. engages in rumour- mongering and slander, vilifying the
current Chinese state political and social system and inciting his readers to overthrow
the authority of the State. At the same time, on 10 separate occasions, both from his
home and in other places, Mr. G. Z. had given interviews to foreign media, such as
“Radio Free Asia”, “Voice of Hope”, and other outlets, which held discussions with
him and recorded his incitements to subvert the authority of the State. Those had been
recorded by the foreign media as audio files and placed on their websites, for other
people to listen to or download.
375. During investigation, Mr. G. Z. made candid confession to the facts of these
offences, and of his own initiative provided information about other people who has
committed extensive offences. This information contained important leads which
checked out and helped in solving other criminal cases. On 22 December 2006, the
Beijing city people's intermediate court No.1 ruled that Mr. G. Z.'s conduct
constituted the offence of incitement to subversion of the authority of the State, but in
view of his meritorious conduct in denouncing the offences of culprits, decided in
accordance with the law, that his penalty should be rendered more lenient and reduce
it below the statutory level. Thus for the offence of incitement to subversion of the
authority of the State, he was sentenced to three years fixed term, to be suspended for
five years, and stripped of his political rights for one year. After the court handed
down its judgement at first instance, Mr. G. Z. declared himself willing to accept the
verdict and did not lodge an appeal. The judgement has since become enforceable.
376. In the course of proceedings against Mr. G. Z. on the charge of incitement to
subversion of the authority of State, the public security authorities fully upheld his
rights in litigation and those of his family and conducted the proceedings in strict
compliance with the law, applying the law in a civilized manner.
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377. Three days before proceedings opened in this case, the court of first instance, in
accordance with the stipulation of the law, notified the prosecutor's office and the
defence counsel and published in advance the dates and venue of the trial. When the
court rendered its judgement, Mr. G. Z. ‘s family were present in the public gallery.
378. When serving papers on Mr. G. Z., the court expressly informed him of his
rights in litigation to appoint a lawyer to conduct his defence. Mr. G. Z. indicated that,
as he was himself a lawyer, he did not need assign a lawyer. to conduct his defence
and he did not agree to his family appointing a lawyer for him. For that reason, the
lawyers M. S. and D. X., from the M. S. law in Beijing, appointed by his brother G.
Z., were unable to act in defence. Under these circumstances, the court decided, in
order to ensure that Mr. G. Z. ‘s rights in litigation were fully upheld, that it should
still appoint two lawyers to defend him, Q. L. from the Tianda law firm in Beijing
(which goes by the English “East Associates”), and Y. X., from the Chao Yang law
firm in Beijing, and Mr G. Z. agreed to this appointment.
379. In the course of the trial, in addition to conducting his own defence, Mr. G. Z.
also received full defence services from his two defence lawyers. The allegations in
the letter that we have received that the police harassed Mr. G. Z.'s family members
and others are unfounded.
380. On 21 December 2006, the Special Rapporteur sent an urgent appeal
concerning Mr. C. G., a 34 year old blind self- taught human right lawyer in Linyi,
Shandong province, and his wife Ms. Y. W., his lawyers Mr. L. J. and Mr. L. F., a
member of his defence team, Dr T., and witness to his trial-Mr. C. G.(l), Mr. C.
G.(2), Mr. C. G.(3) and Mr. C. G.(4)
381. Grave concerns were expressed that the charges against Mr. C. G. and his wife
Y. W. were fabricated and were solely related to their legitimate activities in defence
of human rights, in particular their defending villagers' rights. Serious concern was
expressed that C. G. did not receive a fair trial as his lawyers were obstructed in all
aspects of their work from collecting evidence from witnesses to meeting with their
client. Concern was also expressed his lawyers were subjected to physical abuse and
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detention to prevent them from representing their client at trial. Similar concerns were
expressed for the fate of his wife, Y. W. Further concern was expressed for the
physical and psychological integrity of any witnesses for the defence as it was feared
that they have been subjected to acts of torture or brutality by the Yinin County PSB.
The full details of the allegations submitted have been reflected in the Special
Rapporteur' s previous report on communications sent and received. 12
382. By a letter dated 2 August 2007, the Government of China indicated that in the
evening of 5 February 2006, because he was unhappy with the work of poverty
alleviation officials sent to his village, guided by his wife Y. W. and others, he
stormed into in the offices of the Dongshigu village committee in Shuanghou
Township, Yinan County, and started smashing the glass panes in the doors and
windows. Upon returning to C. G.(3)'s home in his village, he called on C. G.(4), C.
G.(2), C. G.(1) and others villagers and urged them to go and smash up police cars in
service at the Yinan county police and minibuses belonging to the Shuanghou
township local authority. C. G.(4), C. G.(2) and their associate went round the village,
shouting and urging people to go and smash up cars, set on locals officials, chasing
them to the municipal offices, and then charged across to the east end of the village,
bearing wooden clubs, rocks and other implements, and proceeded to smash the
windows in three police cars belonging to the Shuanghou police station, rolled these
vehicles over into the roadside ditch, and then set about attacking and beating up
police officers on duty at the Yinan county public security bureau.
383. In the evening of 11 March 2006, C. G.(3), who had been drinking, claimed to
have been beaten up in Dongshgu Village and burst into offices of the local village
committee, where he started smashing office property. Claiming to be seeking an
explanation for C. G. (3)' s beating, C. G. seized the opportunity to gather together C.
G.(3), C. G.(5), Y. W. and others and, at 6p.m that same evening, they charged over to
the Yinghou village section of state highway 205, where they proceeded to block the
movement of traffic. First C. G. took up a position in the middle of the road and
stopped the traffic, then he directed C. G.(5), C. G.(3) and the others to stand and
shout in the middle of the road and to block the passage of all vehicles. Police officers
12 AJHRC/4/34/Add 1.
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from the public security bureau arrived on the scene to direct the traffic and instructed
C. G. to halt what he was doing, namely, urging a crowd of people to block the
passage vehicles. C. G. totally ignored their instruction and continued calling on C.
G.(5), C. G.(3) and the others to block the traffic. This had the consequence that more
than 290 motor vehicles, including ambulances attending to pregnancy and childbirth
emergencies, were unable to move and that a section of state highway 205 was
blocked for a period of three hours.
384. On 10 June 2006, C. G. was arrested, in accordance with the law, by the Yinan
County public security bureau in Shandong province on suspicion of offences of
wilful damage to property and assembling a mob to disrupt the flow of traffic and, on
21 June, he was taken into custody with the approval of the procuratorial authorities.
385. After his case had been referred to the Yinan county people's court, C. G. ‘s wife
assigned as his defence counsel the lawyers L. J., from the Yitong law firm in Beijing,
and Z. L., from the Beijing office of the xingyun law firm, also known as the
Astrorhyme “ law firm, based in Zhejiang province. Before the proceedings opened at
first instance, C. G. requested the replacement of his defence lawyers by one X. Z., a
lecturer at the State Posts and Telecommunications College. In accordance with the
provisions of the Chinese Code of Criminal Procedure, only a lawyer, person
recommended by a civic organization or the defendant's or suspect's work unit and
duly nominated by him or her, or the defendant's or suspect's legal guardian or close
relative or friend, may act in his or her defence. X. Z., however, only had his office
pass and personal identity document and was unable to produce any official letter of
introduction or other credentials; the court had no means of verifying his identity or
his relationship to C. G. and for that reason was unable to approve his attorney ship.
The court appointed L. J., a lawyer from the Yangdu law firm in Shanong, Z. B., a
lawyer from Shandong tonglixing State Law office, as defence counsel for C. G., but
C. G. refused their service.
386. On 19 August 2006, the Yinan county people's court, meeting at first instance,
found C. G. guilty of the offence of causing wilful damage to property and sentenced
him to seven months' fixed —term imprisonment; it also found him guilty of the
offence of gathering a mob to disrupt the flow of traffic and sentenced him to serve
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four years' fixed- term imprisonment; the court decided that he should serve
combined sentence of four years and three months' fixed-term imprisonment.
387. Following his sentencing at first instance, C. G. lodged an appeal. Linyi city
people's high court in Shandong province, meeting at second instance, found that the
court of first instance had restricted C. G.'s right to defence (the assigned defence
counsel had not been accepted by C. G.), a factor which might have adversely
influenced the fairness of proceedings, and, on 31 October 2006, it quashed the
original judgement and sent the case back to the court of first instance for retrial. The
allegations in the letter that we have received that the case was sent back to the
original court because there had been insufficient evidence to convict C. G. for the
offence of gathering a mob to disrupt the flow of traffic are unfounded.
388. On 27 November 2006, sitting at a reconstituted bench, the Yinan county
people's court reopened the case in open proceedings, C. G.'s brother attended the
court in the public gallery, and C. G.'s defence was conducted by the lawyers L. F.
from the Beijing Ruifeng law firm and L. J. from the Beijing Yitong law firm. During
the proceedings, Chen's rights in litigation were fully upheld: he exercised his own
rights to defence and the lawyers appointed by him also made submissions in his
defence. On 1 December 2006 the court ruled at first instance and made public its
verdict: for the offence of wilful damage to property, it sentenced C. G. to seven
months' fixed —term imprisonment and, for the offence of gathering a mob to disrupt
the flow traffic, it sentenced him to four years' fixed term imprisonment and, for the
offence of gathering a mob to disrupt the flow traffic, it sentenced him to four years'
fixed term imprisonment, ruling that he should serve a combined term of four years
and three months.
389. G. once again lodged an appeal. The Linyi city intermediate people's court,
after hearing the case at second instance, ruled that Chen, as a means of giving vent to
personal grievances, has caused and incited others to cause wilful damage to property,
the amount of which was considerable, and that this conduct had infringed public and
private ownership rights and constituted the offence of wilful damage to property; it
found further that C. G., with the aim of influencing and exerting pressure on the
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government, had assembled a mob to block traffic, that he had been responsible for
organizing the process of assembling a mob to block traffic, that he had directed the
operation and had served as the ringleader and that his conduct had therefore
constituted the offence of assembling a mob for the purpose of disrupting traffic. As
the original court judgement had been based on clear facts, the conviction had been
correct, the sentence had been commensurate with the offence and the trial
proceedings had followed due process, the court dismissed the appeal and ruled that
the original judgement should stand. This ruling was published on 12 January 2007.
During the proceedings at second instance, the court also heard the views of C. G.'s
defence counsel and, in accordance with applicable evidence, found that the facts set
out in the accusation by the procuratorial authorities and the charges brought against
the defendant were sound and accordingly handed down the judgement referred
above.
390. Tn their conduct of the proceedings against C. G., the public security authorities
fully upheld his rights in litigation and those of his family members, acted in strict
compliance with the law and applied the law in civilized mariner. The proceedings in
this case were all conducted in accordance with the law, the facts underlying the
court's judgement were clear, the evidence was ample and conclusive, the sentence
was commensurate with the offence and the trial proceedings followed due process.
391. With regard to the allegations in the letter to the effect that, on 30 October 2005,
C. G. ‘5 lawyer endeavoured to lay charges with the Yinana county court against
public security officials from Shuanghou township for having caused intentional
bodily harm to C. G., but that the court ignored this suit, it is the understanding of the
Chinese govermnent that the Yinan county court did receive an application from the
lawyers to bring charges, but as the lawyers did not have C. 0. ‘s power of attorney,
following an investigation the court determined that the lawyers were not authorized
to act for the plaintiff and rejected the application.
392. With regard to the allegations in the letter to the effect that L. S. and L. F. filed
and administrative and civil action with the Linyi city intennediate people's court
against the Linyi city public security bureau (including bureau chief, L. S.) and other
government agencies, it is the government understanding that the court did receive
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such an application from the lawyers, in December 2006, and that the matter is
currently being investigated and no conclusion has been reached yet.
393. The allegations in the letter that public security officials have been harassing
members of C. G. ‘s family, his lawyer and other persons are entirely without
substance.
Urgent appeal
394. On 12 July 2007, the Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on adequate housing as a
component of the right to an adequate standard of living, the Special Rapporteur on
the question of torture, and the Special Representative of the Secretary-General on the
situation of human rights defenders, sent an urgent appeal to the Government
regarding Ms. M. H., a well-known petitioner against family planning policies and
forced evictions in Shanghai since 1989. Ms. M. H. was the subject of joint appeals
sent on 10 May 2007, 1 February 2006 and on 5 January 2006. The Special
Rapporteurs noted Government responses received in this regard, including those
dated 18 April and 14 June 2006.
395. According to recent information received, on 15 May 2007 at approximately
6. am, Ms. M. H. was transferred from the police detention centre to prison. She was
given inadequate clothing which left her virtually naked. When protesting against this
treatment, she was beaten by police officers and placed in solitary confinement upon
her arrival at the prison. Ms. M. H. embarked upon a hunger strike as a gesture of
protest against her situation. She was subsequently subjected to forced feeding on
three occasions by prison guards who tied her hands and forced a tube down her
throat. She was placed under constant surveillance by inmates that had been assigned
the task by prison guards. These prisoners seem to have also been ordered to harass
Ms. M. H. and they proceeded to verbally abuse her.
396. At the time of writing, Ms. M. H. was in poor health, suffering from high blood
pressure and arthritis. These conditions are further aggravated by her inadequate
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living conditions. She has neither been provided with chairs, nor a bed. As such, she
has no choice but to lie on the floor, often in cold and damp conditions. Ms. M. H.
was visited by her husband on 28 June 2007. At this time her husband reported her ill-
treatment and requested that the prison officials grant Ms. M. H.'s lawyers access to
visit her in order to prepare for her upcoming appeal.
397. Serious concern is expressed at reports that Ms. M. H. is being detained in poor
conditions which may prove detrimental to her health. Further concern is expressed
that the reported ill-treatment of Ms. Mao M. H. in prison may be directly related to
her peaceful work in defence of human rights in China, and may form part of a pattern
of harassment of human rights defenders in the country.
Response from the Government
398. By letter dated on 15 August 2007, the Chinese Government noted that it has
carefully examined the matters referred to in the communications and informed that
on 16 April 2007 M. H. was sentenced by the Yangpu district people's court to two
years and six months' fixed-term imprisonment for the offence of causing malicious
damage to property, to run from 30 May 2006 to 29 November 2008. She is currently
serving her sentence in the Shanghai women's prison.
399. Upon being admitted to prison, M. H. underwent a physical examination which
showed that, apart from an inclination to high blood pressure, all other indications
were within the normal range. M. H. is currently sharing a cell with two other women
prisoners, she has not been sent to the punishment cells nor has she been placed in
solitary confinement. Her eating and sleeping arrangements are normal.
400. With regard to the issue of appeal, at the time of writing M. H. had not
submitted any written application, nor had she applied to see her lawyer, so there was
no proof that the prison refused to allow her lodge an appeal. The prison officers,
acting in accordance with the law, treated the prisoners in a civilized manner. M. H.
enjoys her rights on the same footing as the other prisoners, including the right to
health and the right to appeal. The allegation that M. H. had been subjected to ill-
treatment was not supported by the facts.
AIKRCI7I6IAdd. 1
Page 109
Urgent appeal
401. On 5 November 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Rapporteur on adequate housing as a
component of the right to an adequate standard of living, the Special Rapporteur on
the question of torture, and the Special Representative of the Secretary-General on the
situation of human rights defenders, sent an urgent appeal to the Government
regarding Ms. M. H., a well-known petitioner against family planning policies and
forced evictions in Shanghai since 1989. Ms. M. H. was the subject of previously
transmitted communications. According to information received:
402. On 13 September 2007, prison authorities reportedly ordered a fellow inmate to
beat Ms. M. H. in punishment for revealing that she had been held in solitary
confinement for 70 days in July and August 2007. This was in violation of Article 15
of the Chinese Prison Law which stipulates a maximum of 15 days for the solitary
confinement of prisoners. Ms. M. H. was badly bruised as a result of the beating.
403. On 24 September 2007, prison authorities allegedly sent Ms. M. H. to the
Nanhui Prison Hospital. She had previously refused to undergo a medical examination
for fear that she would be forcibly injected with drugs, as had happened when she was
held in a psychiatric institution in the 1980s. At the Nanhui Prison Hospital Ms. M.
H.'s clothes were removed and she was tied to a bed and force-fed by other inmates.
404. Ms. M. H.'s husband, Mr. W. X., was prevented from visiting her at the
Shanghai Women's Prison until 26 October 2007. During his supervised visit Ms. M.
H. was repeatedly silenced by prison guards when she attempted to inform him of
having been force-fed.
Observations
405. The Special Rapporteur would like to thank the Government of China for its
reply to her communications of 2006 and 2007. Nonetheless, the Rapporteur regrets
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that the Government of China did not reply to her communication sent on
5 November 2007 and reiterates her interest in receiving responses from the
Government in regard to the allegations submitted. She would be particularly
interested to know whether this case has resulted in any internal disciplinary measures
against police officers involved in the alleged ill treatment of Ms. M.H..
406. The Special Rapporteur would also like to recall article 4 (b) of the United
Nations Declaration on the Elimination of Violence against Women, which stipulates
that States should pursue by all appropriate means and without delay a policy of
eliminating violence against women and, to this end, should refrain from engaging in
violence against women
407. Furthermore, the Special Rapporteur would like to bring to the Government's
attention article 4 (c & d) of the United Nations Declaration on the Elimination of
Violence against Women, which notes the responsibility of States to exercise due
diligence to prevent, investigate and, in accordance with national legislation, punish
acts of violence against women, whether those acts are perpetrated by the State or by
private persons. To this end, States should develop penal, civil, labour and
administrative sanctions in domestic legislation to punish and redress the wrongs
caused to women who are subjected to violence. Women who are subjected to
violence should be provided with access to the mechanisms of justice and, as provided
for by national legislation, to just and effective remedies for the harm that they have
suffered. States should, moreover, also inform women of their rights in seeking
redress through such mechanisms.
Philippines
Urgent appeal
408. On 20 April 2007, Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on extrajudicial, summary or
arbitrary executions, the Special Rapporteur on the question of torture, and the Special
Representative of the Secretary-General on the situation of human rights defenders,
sent an urgent appeal to the Government regarding the situation of Mr. N. A., national
A!HRC/7/6/Add. 1
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council member of Kilusang Magbubukid ng Pilipinas (Peasant Movement of the
Philippines) and Chair of Bayan - Bagong Alyansang Makabayan, an alliance of
human rights organizations which promote and defend the rights of peasants, workers,
women, students and minorities; Ms. M. L. P.-D., an active campaigner for women's
rights and a member of Selda, the Society of Bx-Detainees for Liberation, Against
Detention and for Amnesty; and Mr. J. B. G., Secretary-General of the Panay of
Karapatan.
409. According to information received: On 12 April 2007, Mr. N. A., Ms. M. L. P.-
D. and Mr. J. E. G. were driving back home from the Antique province when they
were ambushed by unidentified armed men in Oton town in Iloilo province. The
gunmen opened fire at the vehicle and hit Mr. 3. B. G.min the left side of his neck.
Mr. N. A. and Ms. M. L. P.-D. were forcibly taken to the van of the assailants who
drove off. The van was later found charred in Barangay Guadalupe, Janiuay, 30
kilometres northwest of Iloilo City. The whereabouts of Mr. N. A. and Ms. M. L. P.-
D. remain unknown as of today. As for Mr. 3. E. G., he was taken to the Iloilo hospital
for surgery, and remains in critical condition.
Reply from the Government
410. On 7 June 2007, the Government replied to the letter dated 20 April 2007. It
informed the Special Rapporteur that investigation conducted by Iloilo City Police
Office disclosed that on 12 April 2007 at around 9:30 pm, Mr. S. B. G., secretary
general of KARAPATAN- Panay was driving a Mitsubishi L- 200 van with plate no.
FEA -789, together with Ms. M. L. P.-D., member of the New People's army (NPA),
Reafinnist Group and spokesperson of the society of ex- detainees for liberation
against Detention and for Anmesty (SELDA) and Mr. N. A., chair of BAYAN-Panay.
Said Van was owned by Mr. R. C., president of Panay Fruits and Trading
Corporation.
411. Accordingly, the group was travelling from Antique province to Iloilo City to
attend the Anak- Pawis assembly in San Jose, Antique when they noticed a Delica van
with plate no. FVF- 463 tailing them from Guimbal, Iloilo. Upon reaching Barangay
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Cabanban, Oton, Iloilo, they were overtaken and blocked by said Delica van. At that
juncture, about three unidentified men wearing fatigue pants and armed with pistols
alighted from the vehicle.
412. One of them shot Mr. J. E. G. at the neck while the other smashed the left side
window of one of the L200 van. The men pulled out Mr. S. B. G. from L200 van and
left him along the highway then drove said vehicle towards Iloilo City taking with
them Ms. M. L. P.-D. and Mr. N. A.
413. Concerned residents in the area brought Mr. S. B. G. to the hospital for medical
treatment. On the following day, the L200 van was found burned at the sugarcane
plantation in Barangay Janiuay, Iloilo City.
414. Verification made with Land Transportation Office (LTO) region 6 revealed
that the Delica Van plate no. FVF-463 was registered to a passenger jeepney. The
owner of the Delica j eepney denied owning a Delica van and told the police that said
plate number was lost long time ago and had reported the same to the LTO.
415. A petition of Writ of Habeas corpus for Ms. M. L. P.-D. and Mr. N. A. was filed
by the counsels for the petitioners Mr. L. P. and Ms. R. A. before Presiding Judge Fe
Gayanillo of regional Trial Court (RTC) branch 35, Iloilo City against Armed Forces
of Philippines (AFP) Major Gen. J. N., Col. R. D. and Col. M. P. Docketed under
No.7 -8946.
416. Continuous investigation is being undertaken by the Police Regional Office 6 to
locate the whereabouts of Mr. N. A. and Ms. M. L. P.-D. and for the possible
identification and apprehension of the suspects.
417. No penal, disciplinary or administrative sanctions have been imposed as the
identities of the suspects are not yet established.
Urgent appeal
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Page 113
418. On 2 March 2007, Special Rapporteur on violence against women, its causes
and consequences jointly with the Chairperson-Rapporteur of the Working Group on
Arbitrary Detention, and the Special Rapporteur on the question of torture, sent an
urgent appeal to the Government regarding the arrest and alleged torture of Ms. M. A.
(29) by army members in Kananga, Leyte, Eastern Visayas, in the Philippines. Ms. M.
A. was reportedly six-months pregnant at the time.
419. According to information received: On 7 November 2006, around 3:30 p.m.,
Ms. M. A. disembarked from a bus at Kananga when a group of military officers
apprehended her. The men introduced themselves as members of the 19th Infantry
Battalion of the Philippine Army, they covered her eyes and took her to the military
headquarters at Barangay Aguitinh, Kananga. The army officers alleged that Ms. M.
A. was suspected of involvement in the killing of a soldier at the Kananga market
earlier that day.
420. Ms. M. A. was reportedly tortured in order to force her to reveal the
whereabouts of her alleged companions from a paramilitary group calling itself the
“New People's Army”. One of the military officers put a plastic bag over her head
and tied it around her neck, and two other men, identified as Mr. H. and Mr. T., hit
her legs with their weapons. She was hit in the chest by a man called H. and hit in the
head and the back by other soldiers. She was kept in military custody for three days
and later moved to Kananga Municipal Prison.
421. On 26 January 2007, Ms. M. A. was transferred to the sub-provincial jail in
Ormoc City, where she is currently being detained in a small and crowded cell.
Ms. M. A. reportedly almost lost her unborn child as a result of the torture and still
feels pain in her chest.
422. The Special Rapporteurs expressed concern over the health of Ms. M. A. and
her child.
Response from the Government
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423. On 7 June 2007, the Government of Philippine replied to the letter dated
2 March 2007 concerning the case of Ms. M. A., based on information provided by
the Philippine National Police.
424. The government stated that according to police report, on 7 November 2006, at
around 2:00 PM, SSgt. G. B. A., a member of the 19th Infantry Battalion of the
Philippine Army based in Kanaga, Leyte, was shot to death at the public market of
Kanaga by two unidentified assailant. The gunmen reportedly left the crime scene in a
hurry on motorcycle. SSgt. A. and his two companions Sgt. B. J. E. and Cpl. D. C. J.
were buying food supplies at the time SSgt. A. was killed.
425. Sgt. B. J. E. and Cpl. D. C. J., both unarmed at that time, immediately followed
the assailant and arrested at the scene was a woman suspected to be an accomplice,
who was later identified as M. C. A., 20 years old, married and a resident of Sangka,
Kanaga, Leyte. Ms M. A. was left behind allegedly to monitor the situation. A cell
phone containing text messages implicating her as the lookout and accomplice in the
killing of SSgt. A. was confiscated from her.
426. On 8 November 2006, Ms. M. A. signed a waiver of her rights pursuant to the
provisions of art.125 of the revised penal code, duly subscribed and sworn to before
the Asst. Prosecutor of the provincial Prosecutor's officer in Ormoc City.
427. In the morning of 09 November 2006, Ms. M. A. was brought for inquest before
the Provincial Prosecutor's Office in Ormoc City for the crime murder under IS
No.2006-120. In the afternoon of the same date, she was turned over to the Kanaga
Municipal Police Station where she was temporarily detained while awaiting proper
disposition of her case.
428. On 25 January 2007, she was physically examined at the Ormoc District
Hospital, Ormoc City. On the same date she was transferred from her detention to the
Leyte Sub provincial Jail, Ormoc City pending hearing of her murder case in court.
429. It does not appear that Ms. M. A. has instituted any complaint for the alleged
human right violations committed against her. However, a case of murder against
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Page 115
Ms. M. A. was filed before the Provincial Prosecutor's Office, Ormoc city under IS
No. 2006-120 on 09 November 2006 for her alleged involvement in the killing of
SSgt A., pending trial before said Provincial Prosecutor office.
430. Reference is made to the results of investigation, medical examination and
judicial inquiries as provided for in question number 1.
431. Based on the facts of circumstances, it appears that the warrantless arrest on
Ms. M. A. by the military personnel was in accordance with the provisions of section
5, Rule 113 of the revised Rules in Criminal Procedures. Evidently, she had signed a
valid waiver, thus waived her right pursuant to article 125 of the Revised Penal
Code. Hence, there is no arbitrary detention committed against her to speak of under
circumstances.
Observations
432. The Special Rapporteur thanks the Government for the reply on her
communications and looks forward to receiving information on the outcome of the
criminal investigations launched in the cases.
Qatar
Response from the Government to an urgent appeal sent in 2006
433. On 5 December 2006, the Special Rapporteur sent an urgent appeal to the
Government of Qatar, concerning Ms. M. A. I., and her two daughters Ms. F. I. M. A.
and Ms. H. I. M. A. They were arrested and were not informed of the reason of their
arrest.
434. The full details of the allegations submitted have been reflected in the Special
Rapporteur's previous report on communications sent and received. 13
13 AJHRC!4/34/Add. 1.
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Page 116
435. On 6 February 2007, the Government of Qatar replied to the letter. The
Government stated that having contacted the authorities and inquired about the
background to and reasons for, these women's arrest there is no truth to the
allegations in our letter. None of these women was hit by a police officer; on the
contrary, Ms. M. A. I. and her daughters H. I. M. A. and F. I. M. A. assaulted a police
officer who was in the process of arresting Ms. M. A. I.'s son in execution of a court
order sentencing him to two months in prison. The wanted man attacked the police
officer, stabbed him in the hand with a sharp instrument and fled the scene. The three
women prevented the police officer from doing his duty. The deportation order issued
against the three women has now been cancelled and that the women have been given
permission to remain in the country.
Observations
436. The Special Rapporteur wishes to thank to the Government for the reply to the
allegations submitted on 5 December 2006.
République démocratique du Congo
Appel urgent
437. Le 26 octobre 2007, la Rapporteuse spéciale sur la violence contre les femmes
et la Représentante spéciale du Secrétaire général concemant la situation des
défenseurs des droits de l'homme, envoyèrent un appel urgent concernant Mme J. M.
V., défenseur des droits de l'homme et coordinatrice de l'organisation non-
gouvemementale Synergie des Femmes contre les Violences Sexuelles, basée a Goma
au Nord-Kivu.
Selon les informations reçues
438. Dans la soirée du 18 septembre 2007, six hommes armés en tenue militaire a la
recherche de Mme I. M. V. se seraient rendus a son domicile, en vain. us auraient
alors tenté de violer ses deux jeunes flues et leur auraient porte des coups ainsi
qu'aux garçons qui habitent la maison. Les assaillants auraient menace de mort avec
leurs fusils tous les occupants de la maison.
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439. Les forces de l'ordre auraient identiflé les assaillants comme appartenant a la
garde rapprochée d'un officier militaire résidant dans les environs de la residence de
Mme J. M. V. Celle-ci aurait déposé une plainte a 1' auditorat militaire de Goma.
Appel urgent
440. Le 14 décembre 2007, la Rapporteuse spéciale sur la violence contre les
femmes, ses causes et ses consequences, le Rapporteur special sur les droits de
Phomme des migrants et le Rapporteur special sur la torture, ont envoyé un appel
urgent au Gouvemement congolais, concernant des déportés congolais en Angola.
441. Selon les rapports portés a l'attention des Rapporteurs spéciaux, ii y aurait eu
des violations graves des droits de l'homme a l'égard des déportés congolais, qui
apparemment auraient été commis par les forces de sdcurité angolaises a la frontière
entre la République démocratique du Congo et 1' Angola. Ces violations auraient été
sciemment dirigées vers des groupes de travailleurs migrants principalement
composes de citoyens congolais qui travaillent dans des activités informelles
d' extraction de diamants.
442. Ces violations reportées incluraient 1' emploi systématique de violences
physiques et sexuelles, la confiscation des effets persorinels des migrants, la
separation des membres de la famille pendant le processus d'expulsion, et le viol
systématique des femmes par les forces de sécurité angolaises, souvent devant leurs
enfants ou en public. Les viols auraient eu lieu a tous les stades du processus de
refoulement, lors de l'expulsion des fenimes de leurs maisons, dans les lieux de
detention provisoires, aux checkpoints et pendant leur transport vers la frontière.
443. De plus, l'état de sante des migrants expulsés est très préoccupant. Beaucoup
d' entre eux ayant menés des activités informelles d' extraction de diamants, auraient
été forces, avec les membres de leurs familles incluant leurs enfants, de se soumettre
a des fouilles corporelles inappropriées et envahissantes (incluant les cavités anales et
vaginales) afin de découvrir des diamants caches. Selon les rapports, les fouilles
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auraient été effectuées de façon a causer des traumatismes, aussi bien physiques que
psychologiques, aux déportés. La sauté mentale et psychologique des femmes
victimes de violences sexuelles est une grande preoccupation: ii a été rapporté que
quelques-unes d' entre elles souffrent de différentes douleurs dans leurs vagins et au
bas-ventre, et ont été profondément traumatisées par les abus dont elles ont souffert.
La plupart d' entre elles n' auraient recu aucun soin medical depuis leur arrivée en
République démocratique du Congo.
444. En outre, les Rapporteurs spéciaux ont reçu des informations selon lesquelles
les migrants auraient été détenus secrètement et dans des conditions difficiles avant
leur deportation, qu'ils auraient été battus et soumis a d' autres formes de mauvais
traitements, et qu'ils auraient été privés d'eau et de nourriture, aussi bien durant la
période de detention que pendant la deportation a la frontière congolaise. De plus, ii y
aurait eu des morts dues a i' épuisement et aux mauvais traitements.
Observations
445. La Rapporteuse Spéciale regrette que le Gouvemement n'ait pas répondu aux
conununications envoyées en 2007 et réitère son intérêt a recevoir des réponses
concernant les allegations soumises.
Saudi Arabia
Response to a communication sent in 2006
446. On 8 December 2006, the Special Rapporteur on violence against women, its
causes and consequences, and the Chairperson-Rapporteur of the Working Group on
Arbitrary Detention sent a joint urgent appeal to the Government of Saudi Arabia
regarding F.T. and her children N. and S.
447. According to information receive, Mrs. F.T. and her husband were divorced
against their will and subsequently imprisoned for living together as an unmarried
couple.
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448. On 29 January 2007, the Government replied to the letter sent by the Special
Rapporteurs stating that the competent authorities in the Kingdom of Saudi Arabia
indicated that this matter, involving a family social dispute, has been referred to the
court at the request of the persons concerned.
Urgent appeal
449. On 22 March 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Rapporteur on the question of
torture sent an urgent appeal to the Government regarding A.A., a 19-year-old woman
from al-Qatif.
450. According to the information received: Shortly after the woman reportedly met
with a male companion, the two were kidnapped at kriifepoint by a gang of seven
men. The companion was attacked by the gang, but was then released. The woman
was allegedly then raped by the gang.
451. On 1 November 2006, four members of the gang were sentenced to prison terms
ranging from one to five years, in addition to sentences of flogging ranging from 80 to
1,000 lashes. The legal status of the remaining three defendants is not known as they
had reportedly surrendered to the police only shortly before the conclusion of the trial.
452. A.A. was convicted in the same trial of Kliilwa for being alone in private with a
man who was not a member of her immediate family, after reportedly meeting with a
male companion in 2006. The companion was convicted on the same charge. Both
have been sentenced by a court in al-Qatif to 90 lashes and both are at risk of
imminent corporal punishment.
Reply from the Government
453. On 16 July 2007, the Government of Saudi Arabia replied to the
communication dated on 22 March 2007 concerning the case of A.A.
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454. The Government stated that the competent authorities in the Kingdom of Saudi
Arabia indicated that the case in question was investigated by the security authorities
on the basis of a complaint lodged by the woman's husband, in his capacity as her
legal guardian, in which he claimed that his wife had been the victim of abduction and
rape. The sentences handed down against the woman, her companion and those who
raped her were based on their conirnission of offences designated as criminal acts
under Saudi Law and substantiated by legally valid evidence and other means of proof
consistent with international legal standards.
455. After the judgment was pronounced, the offenders declared themselves satisfied
with the fairness of their sentences.
Urgent appeal
456. On 22 November 2007, the Special Rapporteur on Violence Against Women
jointly with the Special Rapporteur on the independence of judges and lawyers, the
Special Rapporteur on the question of torture, the Special Rapporteur on freedom of
religion or belief, sent an urgent appeal to the Government regarding the same 19-
year-old Shiite woman from Al-Qatif. According to reports received, in 2006, the
Shia woman and a male companion were kidnapped at knifepoint by a gang of seven
Sunni men. The male companion was attacked by the gang, and later released. The
woman was repeatedly raped by the gang.
457. Four members of the gang were at the time sentenced by the Qatif General
Court to prison terms ranging from one to five years, with floggings of up to 1000
lashes. Three other gang members reportedly turned themselves in before the
conclusion of the trial.
458. The victim of the gang rape and her male companion were convicted in 2006 of
being alone in private with a member of the opposite sex who was not an immediate
family member, under an offence known as Khulwa in sharia law.
459. Following the request of the review of the verdict, on 15 November 2007, a
court in eastern Saudi Arabia increased the original sentence against the seven
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members of the gang, and also increased the sentence against the 19-year old woman
from 90 lashes to 200 lashes and a six month prison term. In addition, it is reported
that the court revoked the professional license of her lawyer and banned him from
defending her.
Observations
460. The Special Rapporteur would like to thank the Government of Saudi Arabia for
its replies to two of her communications. With respect to the communication sent on
8 December 2006 and to the Government's reply to it on 29 January 2007, the Special
Rapporteur would be interested to know what exactly the legal basis for such forcible
divorce was, and whether further judicial proceedings have resulted or would result in
any positive outcome for F.T and M.T.
461. Furthermore, the Special Rapporteur regrets not having received a reply to her
communication sent on 22 November 2007 and reiterates her interest in receiving a
reply from the Government in regard to all allegations submitted, in particular the
reasoning for the sentencing of a victim of rape to corporal punishment and prison
term. Such sentence would appear contradictory to the international human rights
obligations of the Kingdom, notably the Convention on the Elimination of All Forms
of Discrimination against Women and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. The Special Rapporteur
acknowledges that the victim A.A. has been pardoned by the King in December 2007
and congratulates the King for his action. She nonetheless recommends that legal and
judicial measures be taken to prevent other similar sentences from being handed down
against victims of rape.
South Africa
Allegation letter
462. On 23 April 2007, the Special Rapporteur on violence against women, its
causes and consequences has jointly with the Special Rapporteur on trafficking in
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persons, especially women and children, Special Rapporteur on the sale of children,
child prostitution and child pornography, and Special Rapporteur on the human rights
of Migrants, sent an allegation letter to the Government concerning the trafficking in
women and children for purposes of sexual exploitation and forced labour, through
and from Mozambique to South Africa.
463. According to the information received: South Africa is reported to be the main
destination country for Mozambican victims of trafficking. Mozambique is
particularly exposed to trafficking in persons due mainly to porous borders and the
absence of protective legislation against trafficking.
464. From Maputo in Mozambique, women and children are reportedly trafficked via
Ressano Garcia or the Lebombo border in Mozambique to Gauteng. Another route
used for trafficking of persons to South Africa, specifically to Gauteng and KwaZulu-
Natal, is the border at Ponta do Ouro. The trafficking continues further either to the
south of Swaziland and directly to Johannesburg and Pretoria, or south to Durban and
Pietermaritzburg. It is estimated that approximately 1 000 Mozambican women per
year are trafficked along these routes. Reportedly, children are also trafficked daily in
trucks through the Kruger National Park or the Swaziland border. Mozambicans from
the north of Mozambique are trafficked into South Africa via Zimbabwe. It is reported
that people being trafficked from the Great Lakes Region and East Africa enter the
north of Mozambique via Malawi or Tanzania. Mozambican ports are also said to be a
stopping point for traffickers travelling by sea, who then continue the journey
overland to South Africa.
465. It is further reported that small-scale trafficking networks, based at transit
houses in the border region between Mozambique, Swaziland and South Africa use
minivan taxis to smuggle both migrants and trafficking victims across the border.
Accomplices in Johannesburg, Maputo and in the Lebombo region reportedly assist
them through recruiting, accommodating and transferring migrants and trafficked
persons. Organised Mozambican refugees living legally in South Africa are also
reported to be involved in such activities.
— ———————— —
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466. In this context, young women attempting to find work in South Africa are
allegedly led to believe that they will be offered employment as waitresses or
domestic workers. However, upon arrival at the transit centres the women are
separated from others, and forced into prostitution or forced labour in agriculture,
manufacturing or service industries. When subjected to forced labour, reports indicate
that they are often subject to sexual abuse by their employers. Reports also indicate
that young women and girls are sold, at the transit houses in Tonga and Johannesburg,
as “wives” to South African men. There are reports of “stocks” of women being
displayed and of the possibility to order “wives” on demand.
467. Trafficked children are reportedly sold for 30 to 50 US $ per child. Orphans are
particularly vulnerable to trafficking, particularly because of an alleged practice of
informal adoption of children and because of adoption laws in Mozambique that are
reported to facilitate their trafficking. There is an estimated 1.6 million orphans in
Mozambique, of whom 380 000 have lost their parents due to HIV/AIDS.
468. In addition, the high prevalence of HIV/A]DS in South Africa is reported to
play a major role in increasing the demand for the trafficking of younger and
presumably uninfected sex workers. Furthermore, it is reported that trafficking
through several unguarded borders with Mozambique is facilitated by the complicity
or the tolerance of border authorities.
469. The Government has been undertaking considerable efforts to combat
trafficking, including the ratification, on 20 February 2004, of the United Nations
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children. Furthermore, in June 2006, the President signed into law the Children's
Act of 2005, which prohibits the trafficking of children, namely “the recruitment, sale,
supply, transportation, transfer, harbouring or receipt of children, within or across the
borders of the Republic.” However, national legislation explicitly prohibiting
trafficking in adults is still to be adopted. The protection of trafficking victims
remains also remains inadequate. In December 2005, for example, 940 Mozambican
illegal immigrants were deported without first being screened to identify if any
amongst them were trafficked persons.
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Observations
470. The Special Rapporteur regrets not having received a reply to the
communication sent in 2007 and reiterates her interest in receiving a reply from the
Government of South Africa in regard to all allegations submitted.
Sri Lanka
Allegation letter
471. On 23 April 2007, the Special Rapporteur on violence against women, its
causes and consequences and the Special Rapporteur on trafficking in persons,
especially women and children sent an allegation letter to Government concerning a
proposed regulation banning mothers of young children from migrating abroad for
work.
472. According to information received: On 7 March 2007, the Ministerial Cabinet
discussed a proposal reportedly made by the Minister for Women's Empowerment and
Child Welfare that would ban women with children under 5 years of age from
emigrating for work. If adopted such a regulation would also require mothers with
children aged 5 or older to obtain approval for overseas employment from a
government committee after submitting proof that they can provide appropriate
caretakers for their children.
Observations
473. The Special Rapporteur regrets not having received a reply to the
communication sent in 2007 and reiterates her interest in receiving a reply from the
Government of Sri Lanka in regard to all allegations submitted.
The Sudan
Urgent appeal
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474. On 21 March 2007, the Special Rapporteur on violence against women, its
causes and consequences jointly with the Special Rapporteur on extrajudicial,
summary or arbitrary executions, the Special Rapporteur on the independence of
judges and lawyers and the Special Rapporteur on the question of torture sent an
urgent appeal to the Government regarding the sentencing to death by stoning of Ms.
A. A. D. (23 years old) and Ms. S. I. F. (22 years old from the Tama ethnic group), by
the Criminal Court of Al-Azazi, in Managil province, Gazeera state.
475. According to the information received: On 13 February 2007 and 6 March 2007
respectively, the Criminal Court of Al-Azazi, with Judge H. A. M. H. presiding,
convicted Ms. S. I. F. and Ms. A. A. D. on charges of adultery and sentenced them to
death by stoning. The two women are currently in detention in Wad Madani women's
prison in Wad Madani, Gazira State. Ms. S. I. F. has one of her children with her in
prison. The two women were reportedly convicted under article 146 (a) of the Sudan's
1991 Penal Code, which states that “whoever commits the offence of sexual
intercourse in the absence of a lawful relationship shall be punished with: a) execution
by stoning when the offender is married (muhsan); b) one hundred lashes when the
offender is not married (non-muhsan).”
476. S. I. F. and A. A. D. did not fully understand Arabic, the language used during
the entire judicial proceedings, and were not provided with an interpreter. The two
women also had no legal representation.
Reply from the Government
477. On 20 April 2007, the Government of the Sudan replied to the communication
21 March 2007 and informed the Special Rapporteur of the following:
478. On 26 June 2006, a report was filed with the Azazi police in Jazirah State
against Ms. S. I. F. Following the completion of inquiries, the report was referred to a
court of first instance of Jazirah State, which delivered its verdict on 13 March 2007,
in case No. 10/2007, convicting the accused under article 146 (1) (a) of the 1991
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Criminal Code (the penalty for adultery) and based on her confession. The accused is
married and engaged in intercourse with others during the husband's absence.
479. Ms. A. A. D. was tried before a court of first instance of Jazirah State, in case
No. 24/2007. She was convicted by the court on 6 March 2007 under article 146 (1)
(a) of the 1991 Criminal Code (the penalty for adultery) and based on her confession.
The accused is married and engaged in intercourse with others during the husband's
absence.
480. The two women appealed the verdicts and the Jazirah State Appeal Court issued
a ruling overturning the convictions and sentences and returning the case files for a
retrial of the two women for a number of reasons, including the fact that they had not
had legal assistance during the proceedings. The two women know Arabic very well
and so the court did not have to appoint an interpreter, in accordance with article 137
of the 1991 Code of Criminal Procedures.
481. At the time of the response, the case files were before the Jazirah State court of
first instance with a view to the retrial of the two women on instructions from Al-
Jazirah Appeal Court.
Observations
482. The Special Rapporteur would like to thank the Government for its reply to her
communication. She would be particularly interested to know the outcome of the
retrial regarding Ms. S. I. F. and Ms. A. A. D. The Special Rapporteur would also like
to stress that the death penalty as applied in this case does not seem to fall within the
category of the “most serious crimes” for which international law countenances its
possible application. In its general comment No. 6 (2003), the United Nations Human
Rights Committee stated that “the expression ‘most serious crimes' must be read
restrictively to mean that the death penalty should be a quite exceptional measure”.
Similarly, this Committee observed that the restriction encapsulated in that phrase
cannot be interpreted as permitting the imposition of the death penalty “for crimes of
an economic nature, for corruption and for adultery, or for crimes that do not result in
loss of life” (CCPR/C/28/Add.15 , paragraph 8).
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Sweden
Urgent appeal
483. On 11 January 2007, the Special Rapporteur on violence against women, its
causes and consequences, has jointly with the Special Rapporteur on the human rights
of migrants and the Special Rapporteur on the question of torture, sent an urgent
appeal to the Government of Sweden regarding Ms. L. K., a Turkish woman of
Kurdish origin.
484. According to information received: in 1988, while still living in Turkey, L. K.,
then 16, was forced by her parents to enter a marriage with a 31 year-old man. Her
husband abused her and their two sons, physically and mentally, almost every day
throughout their marriage. Sometimes he would lock her and their two children out of
the house and they would be forced to sleep outside. He also repeatedly threatened L.
K. that he would hang her and make it look like suicide if she did not obey him. L. K.
sought support from her family several times, but was told to return to her husband.
Moreover, her mother threatened to marry her again to an even older man if she did
not obey.
485. In 2004, following a relationship with one of her husband's friends, which was
discovered by her family and discussed in a village meeting, L. K. went into hiding.
According to reports, her brothers announced that they would kill her if they found
her. Subsequently, she received help in leaving her village and fleeing the country. L.
K. arrived in Sweden on 31 March 2005, where she applied for asylum on 1 April
2005, referring to the risk of violence committed in the name of honour. Her asylum
application was rejected by the Swedish Migration Board (Migrationsverket) on 26
August 2006. Following that decision L. K. appealed to the Swedish Alien's Board
(Utlanningsnamnden), which rejected her application on 29 October 2005. This
decision could not be appealed, and the authorities prepared for her deportation. On
15 November 2005, temporary legislation came into force, which allowed for a
review of rejected asylum applications. L. K. s application was reviewed in
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accordance with the new legislation, but once again rejected. The latter decision could
not be appealed.
486. In March 2006 a new Aliens' Act came into force, according to which asylum
applications are tried in first instance by the Swedish Migration Board. This decision
of the first instance can be appealed to the Migration Court. If there are exceptional
reasons or if there is a need for a legal precedent, this decision can be appealed a
second time to the Appellate Migration Court. However, the procedure in the new
Aliens' Act does not apply to those asylum-seekers who, like L. K., already had their
case tried in full.
487. L. K., after having exhausted all the remedies in Sweden, was facing the risk of
being deported to Turkey.
488. The Special Rapporteurs were gravely concerned that L. K. may face a serious
risk of being killed in the name of “honour” if deported back to Turkey and urged the
Swedish Government not to deport her.
Reply from the Government
489. By letters dated 17 January 2007 and 1 February 2007, the Government
requested a letter of attorney signed by Ms. L. K., due to secrecy legislation, in order
to provide comprehensive information. While awaiting further examination, her
deportation has been temporarily suspended.
490. On 12 June 2007, the Government sent a third letter in which it stated that the
facts alleged in the Special Rapporteur' s urgent appeal correspond with the facts that
Ms. L. K. had referred to in her application for asylum. However, it claimed that there
were strong reasons to question the credibility of this story and this was the main
reason for rejecting the application.
491. Either the Swedish Migration Board or the former Swedish Appeal Board, in
their decisions of, respectively 26 August and 29 October 2005, are of the opinion that
Ms. L. K. will not be subjected to violence or honour killings in case she returned to
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Turkey. This conclusion was reached through the investigation that has taken place in
connection with Ms. L. K.' s application for asylum.
492. The Government affirms that the legislation applicable in Ms. L. K.'s case,
which concerns enforcement, is much more restrictive than the one applicable before
the decision to refuse the alien entry into Sweden has entered into force.
493. The Swedish Migration Board decided to reject Ms. L. K.'s application of
impediment to enforcement on the basis of the above-mentioned reasons. The
Government advised that Ms. L. K. had the possibility to appeal the decision of the
Board to the Migration Court in Sweden, Malmö.
Observations
494. The Special Rapporteur would like to thaiik the Government of Sweden for its
reply to her communication. Nonetheless, the Special Rapporteur wishes to refer to
her report to the Human Rights Council on her mission to Turkey 14 , which focuses on
the continued severe problems of “honour”-related violence, including murder and
forced suicides, in South-eastern and Eastern Anatolia and highlights serious
protection gaps for women at risk of “honour”-related violence. The Special
Rapporteur would appreciate if the Government of Sweden could take due
consideration of her report while examining a possible appeal by Ms. L.K. to the
Government's decision and other similar cases.
Turkey
Responses to a communication sent in 2006
495. By letter dated 23 June 2006 the Special Rapporteur on violence against
women, its causes and consequences, jointly with the Special Rapporteur on
trafficking in persons, especially women and children, sent an urgent appeal to the
‘ 4 AJHRC/4/34/Add.2.
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Government regarding Ms. T. B., a German citizen of Turkish descent. According to
information received:
496. Ms. T. B. is a German citizen from Hamburg. In April 2006, Ms. T. B. travelled
with her mother from Hamburg to the settlement of Karastlak KöyU in the village of
Yeni Halfeti, Sanliurfa province, Southeast Turkey, where her grandmother and other
relatives reside. Allegedly, her family had pretended that she was going to vacation in
the village.
497. Upon Ms. T. B. arrival in the village, her mother took her passport and identity
documents away and told her that she had to enter into an arranged marry with a close
relative. According to the latest information received, Ms. T. B. is still in Yeni
Halfeti. Reportedly, she faces serious limitation of her freedom of movement and is
only on rare occasions able to leave her grandmother's house.
498. Concern was expressed that Ms. T. B. may be forced to marry her relative
against her will or face severe violence, if she refuses. We appeal to your
Excellency's Government to intervene in this case and ensure that the competent
Turkish authorities undertake all necessary action to protect Ms. T. B. from forced
marriage, any form of violence or the threat thereof.
499. By letter dated 29 June 2006, the Government informed that it was established
that Ms. T. B. during her vacation in Turkey, contacted the Provincial Gendarmerie
Command in Sanliurfa by phone on 30 May 2006 and requested help from the
authorities, stating that there were attempts to force her to get married to her uncle's
son. The gendannerie authorities had to refer the matter to the Foreigners Section of
the Police, since Ms. T. B. was a German citizen. Ms. T. B. was then assisted by the
authorities to return to Germany on 2, June, 2006. On 27 June 2006, the Provincial
Gendarmerie Commander in Yeni Halfeti visited Ms. T. B.'s grandmother's premises
and confirmed that she was not in Turkey.
500. According to a relative in Germany whom the Turkish authorities have
contacted, Ms. T. B. has been granted protection at a social institution in Germany
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under the German laws and she will be hosted in this institution until October 2006
when she will complete the age of 18.
501. In this framework, it has been confirmed that a forced marriage has not taken
place during her stay in Turkey.
502. On 4 June 2007, the Government of Turkey sent a second reply to the same
letter dated 23 June 2006 concerning information requested in relation to any
criminal action taken against any alleged perpetrators in the case of Ms. T. B., a
German citizen of Turkish descent, who travelled with her mother from Hamburg to
karastlak village of Yeni Halfeti, province of Sanhurfa, where her family attempted to
force her into an arranged marriage with a close relative.
503. The Government's responded that in its letter of 29 June 2006 it stated that T. B.
was assisted by the Turkish authorities to return to Germany on 2 June 2006; that she
was assisted from the Provincial Gendarmerie Command in Sanhurfa and that a
forced marriage did not take place during her stay in Turkey.
504. According to follow- up information received from the relevant authorities in
Turkey, no complaint has been lodged with the office of the Chief Public Prosecutor
of Sanhurfa concerning this incident. The Provincial Gendarmerie Command in
Sarthura did not initiate any criminal investigation since T. B. reported to the
gendarmerie officials that she had no complains others than her request for return to
Germany. Indeed, the purpose of her application to the Gendarmerie Command was
related to her identity card and German passport, which she initially claimed as lost.
The Gendarmerie official, who investigated circumstances surrounding the case,
concluded that she could not have been deprived of liberty through use of force since
she was staying with her 80 year-old grandmother and made her application to the
Gendarmerie Command in person. Therefore, the Gendarmerie authorities did not
initiate any legal proceedings and referred the matter to the passport and Foreigners
Branch of Provincial Directorate for Security, who assisted her to safely return to
Germany.
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Urgent appeal
505. On 14 September 2007, the Special Rapporteur on violence against women, its
causes and consequences sent an urgent appeal concerning Ms. C. M., born in 1981 in
Marivan (Iran).
506. According to information received, Ms. C. M. is the daughter of an Iranian
refugee Mr. A. M. (born in 1947 also in Marivan, father's Name: A.) who was
recognized as a refugee in Turkey under the mandate of the United Nations High
Commissioner for Refugees (UNHCR) and resettled to Canada in 2006. When Ms. C.
M. first arrived in Turkey in 2001, she was registered as a dependent to her father's
case. During their stay in Turkey, Ms. C. M. met Mr. I. Y. who was among the group
of Iranian refugees that came from Iraq (IXIs) and the couple married in Turkey in
2003. After their marriage, Ms. C. M. was added as a dependant to her husband's
case. Mr. I. Y. decided to leave Turkey by irregular means in September 2006 and
managed to arrive safely in Netherlands.
507. Ms. C. M. tried to leave by the same means as her husband but she was arrested
at Istanbul Airport on 14 February 2007 by the Turkish authorities and detained for a
short period. Upon her release she was allowed to stay legally in Konya with a
temporary residence permit. Ms. C. M. remains in Turkey without family support as
her husband is now residing in Netherlands and her parents are in Canada.
508. As Ms. C. M.'s family is in Canada, she could be sponsored for a family
reunification visa and was interviewed by the Canadian Embassy on 13 March 2007.
The Canadian Immigration authorities informed that her immigration application was
approved. She was issued a visa to join her family in Canada and scheduled to depart
on 25 July 2007.
509. However, the Turkish authorities have reportedly refused to grant her exit
permission on the basis that they had classified her as IXI due to her marriage with Mr.
I. Y., even though she came directly to Turkey from Iran and has never been in Iraq.
Furthermore, since she was not a minor, she did not meet the criteria established by the
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Turkish Government to authorize the resettlement on family re-unification grounds for
the group of Iranian refugees who came from Iraq.
510. Ms. C. M. has been re-scheduled for a flight on 18 September 2007. UNHCR
has requested exit permission for her, but has not yet received a reply from the
Turkish Government. The lack of prospects of a durable solution in Turkey as well as
the refusal by the Turkish authorities to authorize her departure puts Ms. C. M. in a
vulnerable situation in Turkey. As an Iranian Kurdish refugee without family support,
she may face an increased risk of violence or exploitation, if she cannot reunite with
her family.
Allegation letter
511. On 14 November 2007, the Special Rapporteur on violence against women, its
causes and consequences sent an allegation letter concerning the intervention by third
parties in lawsuits regarding the death of women as a result of suicides that took place
under suspicious circumstances or as a result of honour related killings.
512. The Special Rapporteur commended the Government for the extensive changes
that were made recently to the Turkish Civil Code and the Turkish Criminal Code.
These changes are positive steps towards the elimination of discrimination against
women. Nonetheless, she drew the Government's attention to the specific provision in
the Code of Procedure of the Criminal Code that seems to prevent third parties from
intervening in cases of honour related crimes and alleged suicides on behalf of the
dead victim.
513. According to information received, opportunities for intervention in lawsuits
regarding the death of women as a result of alleged suicides or honour related murders
are quite limited. The limitation is elaborated upon in clause 237 of article 5271 of the
Code of the Procedure of the Criminal Code, which provides as follows:
“(1) The victim, individuals and legal entities who or which have
suffered damage as a result of the offence and parties who are
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financially liable may intervene in a criminal action by lodging
complaints at every stage of the public prosecution before the court of
first instance, until the judgment is rendered.
(2) No requests to intervene in the prosecution may be lodged during
the proceedings of appeal. However, requests for intervention which
are submitted to the court of first instance and rej ected or which cannot
be decided upon, shall be examined and decided upon if it is expressly
stated in the application for appeal.”
514. In practice, it seems that first degree relatives (i.e. mother, father, husband and
children) qualify under paragraph 1 as ‘injured parties'. In order to be recognized as
legal party, close relatives of the victim have to give representation rights to a lawyer
or the victim has to be personally present at the trial to demand the punishment of the
perpetrators of the act of violence. Apparently, victims' relatives are often reluctant or
unwilling to defend the rights of women who committed suicide or were killed, since
the perpetuators are generally kinsmen. As a result no lawyer may be appointed to
defend the rights of the victim. Lawyers or non-governmental organizations wishing
to vindicate the rights of the victim are thus not allowed to participate in such
lawsuits.
515. Although the Turkish legal system envisages that the public prosecutor
represent both the suspect's and the victim's rights, reportedly in many cases the
rights of women killed or injured are not adequately defended as no lawyers, women's
organizations or other non-governmental organizations are allowed to intervene in
court on behalf of the victims. Allegedly, this situation gives rise to deficient and
partial investigations and judgments that do not take into account key elements behind
the crimes.
516. The following specific cases were brought to the Special Rapporteur's attention:
A. A., a mother of five, had repeatedly applied to the Diyarbakir Baglar
Police Department and other judicial offices to seek protection from her husband who
used drugs and beat her. In January 2007 she was killed by her husband, leaving five
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children behind. Women's organizations were not allowed to intervene in her case and
were unable to raise issues that seemed to have been overlooked by the police and
judicial bodies.
G T. was shot by her brothers in Istanbul in February 2004 and then taken
to a State hospital where she was killed by her brothers in her hospital bed. The
Women's Rights Commission of the Istanbul Bar Association requested the
authorization to represent G T. in the trial but its demand was rejected by the Court.
The Women's Rights Commission wanted to raise in particular the issue of deficient
security measures at the hospital, which facilitated the killing. In this respect, I sent an
allegation letter to your Government dated 28 April 2004.15
517. In both cases, the courts allegedly rejected the request by organizations to
intervene in the lawsuits based on clause 237 of article 5271 of the Code of Procedure
of the Criminal Code.
518. Finally, according to information received, the Turkish National Assembly
discussed amending clause 237 in period 22 of the 110th session during the 4th
legislation year on 1 June 2006, as published in issue 122 of the National Assembly's
Official Report. No amendment has been adopted yet.
519. Concerns are expressed that the provision of clause 237 and the resulting
limitation of intervention by third parties who would wish to take part in judicial
proceedings to defend the rights of women who allegedly committed suicides or were
victims of honour-related crimes affects women disproportionately and prevent their
equal treatment before the law.
Reply from the Government
520. On 18 December 2007, the Government of the Turkey replied to the letter sent
on 14 November 2007, with information on the general application of Article 237 of
the Criminal Procedure Code. It stated that the parties who have the rights to
15 E/CN.4!2005!72/Add. 1.
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intervene in criminal cases are listed exhaustively in the Criminal Procedure Code.
The intervention of “victims, individuals and legal entities that have sustained
damages as a result of an offence and those who are financially liable” is crucial in
terms of revealing the truth in the criminal proceedings and to ensure a just judgment
that provides them with immaterial satisfaction.
521. Article 237 of the Criminal Procedure Code lays down two conditions for
intervention in criminal proceedings. The first condition is the connection with the
offence in terms of violation of an interest. For this reason, the list of interveners has
been listed exhaustively as such. The Court of Cassation, in many of its decisions,
interpreted the parties that suffered damages as “those whose interest have been
directly violated by the offence” or “those against whom the material or immaterial
elements of the offence are directed”. The second condition concerns the time limit.
The persons and legal entities that have the right to intervene under article 237, should
either orally or in written, inform the Court of their intention to intervene in the case
during the course of the prosecution until a judgement is rendered.
522. In view of the above, women's organizations or other non-governmental
organizations have the right to intervene in cases where they suffer damages as direct
result of an offence, within the prescribed time limit.
523. The views and observations of the Special Rapporteur have been conveyed to
the General Directorate for the Status of Women to be given due consideration in the
preparatory work currently undertaken to develop a National Action Plan on the
elimination of violence against women.
Observations
524. The Special Rapporteur would like to thank the Government for its replies to
her communications. With respect to her communication dated 14 November 2007,
she is encouraged by the Government's note that her observations will be given due
consideration during the development of a National Action Plan on the elimination of
violence against women. Nevertheless, the Special Rapporteur would submit that the
issue at hand requires a legislative amendment as already discussed at the Turkish
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National Assembly on 1 June 2006. Moreover, the Special Rapporteur expresses
concern that the exhaustive list of interveners may not grant third parties full access to
such criminal proceedings, as their interest might not be considered as “directly
violated”. In this regard, the Special Rapporteur would like to stress the importance of
the participation of non-governmental third parties in judicial proceedings to defend
the rights of women who have committed suicides or were victims of human rights
violations.
525. Furthermore, the Rapporteur regrets not having received a reply to her
communication sent on 14 September 2007 and reiterates her interest in receiving a
reply from the Government of Turkey in regard to all allegations submitted.
United Arab Emirates
Response to a communication sent in 2006
526. On 18 October 2006, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Special Rapporteur on the sale of children,
child prostitution and child pornography, sent an allegation letter concerning the
criminal charges against S. M.. Concerns are expressed that these charges and the
possible closure of the shelter may be in retaliation for her activities in defence of
women's rights since the shelter's •work is reportedly viewed as a threat to the
traditional culture and family values of the country and its continued operation largely
depends on S. M.'s work.
527. By letter dated 23 April 2007, the Government responded to the letter of
allegation and enclosed the report of the Public Prosecution of Dubai.
528. On 7 August 2006, the victim notified the police that she had been assaulted by
the accused, who had pushed her and pulled her by the hand, at the Hope Centre for
the Welfare of the Needy. On 23 August 2006, the Public Prosecutions Office began
an investigation into the case and took testimony from the victim and witnesses for
the prosecution and the defense. On 14 September 2006, the Public Prosecutions
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Office referred the accused, and the case to the criminal court, on a charge of physical
assault of the victim, K. A. Abd al-K. K. On 13 December 2006, the court issued a
verdict, in the presence of the parties, acquitting S. G 0. due to lack of evidence. The
penalty prescribed by law for the offence is imprisonment and a fine, not closure of
the premises.
Observations
529. The Special Rapporteur would like to thank the Government for its replies to
her communication. Nevertheless, the Rapporteur would be particularly interested to
be provided with more precise information on the course of the judicial proceeding
and the reasons of the acquitting.
United Kingdom of Great Britain and Northern Ireland
Allegation letter
530. On 22 February 2007, the Special Rapporteur on violence against women, its
causes and consequences sent an allegation letter to the Government concerning Ms.
S. A., a 15-year-old Afghan girl.
531. According to information received: S. A. applied for asylum in the United
Kingdom on 9 November 2006. She was born in Samangan province (Afghanistan)
and is a Sunni Muslim. She attended school in Samangan province from 1996 to 2001.
She relocated with her family to Peshawar (Pakistan), but returned to Afghanistan in
August 2006. She spent about 8 to 10 days in Kabul and then returned to the
Samangan province. Upon return, her family realized that their house had been
destroyed and their property there had been confiscated. S. A. stayed with a neighbour.
A few weeks later, her father, who was a fonner soldier and had supported the
Taliban, went to the authorities to enquire on the confiscated property. He was
arrested. S. A.' s mother enquired about his whereabouts with the local authorities but
received no reply. Two days later she approached the international forces and was told
that they could do nothing about it as it was an internal matter.
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532. S. A. and her mother were told by a prison guard that the father was held in a
private prison and would oniy be released if S. A. agreed to marry the warlord A. K.,
a commander in the Junbish forces of General Abdur Rashid Dostum. S. A.!s father
refused. A few days later, a delegation of women approached S. A. ‘s mother with the
same request. S. A. told her mother that she would commit suicide if she was forced
to marry A. K. and her mother asked for more time to consider the issue. Two days
later, the women came back. They reportedly became aggressive when told that the S.
A.'s mother would not agree and told S. A.'s mother that she would lose both her
husband and her daughter.
533. The next day S. A. found out that her father had been killed. S. A.'s mother
made immediate arrangements for the family to leave Samangan. S. A., her mother
and brother left on 20 October 2006 for Peshawar, where they stayed for two weeks. S.
A. travelled to the United Kingdom on 7 November 2006, arrived at Heathrow airport
in London on 8 November 2006, and applied for asylum on 9 November 2006. S. A.
has no family left in Afghanistan. Her mother is assumed to live in Pakistan.
534. On 4 January 2007, S. A. was refused asylum and humanitarian protection by
the Home Office. She was granted discretionary leave to remain in the United
Kingdom given that she was a unaccompanied child and the Home Office was not
satisfied that adequate reception arrangement were available in her country of origin.
When coming of age, however, S. A. may face removal to Afghanistan.
535. In the written explanation accompanying the decision, the Home Office stated
inter alia that there is sufficient redress from the Afghan authorities with regard to the
threat to S. A.'s life if she did not marry the warlord, A. K.
536. The Home Office further expressed the view that S. A. could move to Kabul
where she had stayed for ten days upon return from Pakistan in August 2006 and
where sufficient protection was said to be available both by the police authorities and
the International Stabilization Assistance Force (ISAF). It was also stated that she
would not be known in Kabul for A. K. wanting to marry her or in connection to her
family.
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Reply from the Government
537. On 27 March 2007, the Government of the United Kingdom replied to the letter
sent on 22 February 2007, concerning Ms S. A. who has appealed against the decision
to refuse her asylum in United Kingdom.
538. Trough the Immigration and Nationality directorate, the government confirmed
that every asylum and human right claim is considered on its individual merit in
accordance with' the obligations of the State under the 1951 Convention relating the
Status of Refugees and the European Convention on Human Rights (ECHR) against
the background of the latest available country information.
539. The home Office Country of Origin Information (COT) Service closely monitors
the human rights situation in all countries that generate asylum seekers to the United
Kingdom, including Afghanistan. It provides accurate, objective, sourced and up to
date information on asylum seekers' countries of origin, for use by 1IND officials
involved in the asylum determination process. In dealing with applications from
female asylum seekers from Afghanistan, case workers have access to detailed
Country of Origin Information Reports which are updated on rolling basis with
information collected through out the year. Where material changes in country
conditions occur these will be communicated to case workers as required. These
reports focus on the main issues raised in asylum and human rights application to the
UK. They are compiled from a wide range of reliable external information sources
including international organisations such as ‘LINHCR, and non — governmental
organisations, such as Human Right Watch and Amnesty International, and the media.
540. The recently published October 2006 COl Report on Afghanistan which
contains specific sections on women can be found on the Home Office website at:
http : /!www.homeoffice. gov.uklrds/country reports . html
541. In addition, decision-makers have access to the Afghanistan Operational
Guidance note (OGN) which provides information and guidance on the main
categories of Afghan asylum claims and can be accessed via ND website.
A/HRC/7/6/Add. 1
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542. The Government stated that it was aware that the situation for women may be
difficult in Afghanistan and that granting asylum in individual cases may be
appropriate. In order to maintain the integrity of the United Kingdom asylum system
and prevent unfounded applications, it was important that the Government was able to
enforce the return of those who are found not to be in need of protection and who
have no rights to remain in the United Kingdom. The Government assured the Special
Rapporteur that it will only enforce the return of those Afghan women it is satisfied
are not in need of protection, and that it would not seek to enforce returns to
Afghanistan unless it were satisfied it is safe to do so.
543. Having reviewed Ms S. A.'s case it was decided that, in light of her particular
circumstances, a grant for leave in the United Kingdom would be appropriate. At the
time of writing Ms. S. A.'s file was with the Government's Appeals Implementation
Unit for preparation of status papers which will be forwarded to Ms. S. A. in due
course.
Urgent appeal
544. On 28 September 2007, the Special Rapporteur on violence against women its
causes and consequences, jointly with the Special Rapporteur on the question of
torture sent an urgent appeal concerning Ms. S. M., aged 24, a Sri Lankan national of
Tamil ethnicity. According to the allegations received:
545. At the time the letter was sent, she was detained at Yarl's Wood Detention
Centre near Bedford, and was at risk of removal to Sri Lanka on Monday, 1 October
2007.
546. Between April 2000 and April 2007, she was tortured by the security forces for
her alleged support for the LTTIE. She suffered beatings, sexual assault and was
threatened with death. Within the same period, she was also forced into providing
assistance to LTTB activities, such as working in a LTTE-run hospital and collecting
food. She fled Sri Lanka for the United Kingdom on 22 April 2007.
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547. Concern has been expressed that Ms. S. M. may be at risk of torture or ill-
treatment at the hands of the Sri Lankan security forces upon return. She may further
be at risk of being abducted and extra-judicially killed by the LTTB for refusing to
continue supporting them.
Observations
548. The Special Rapporteur would like to thank the Government for its reply to her
communication of 22 February 2007, particularly for the information that Ms. S.A.,
given her circumstances, was granted leave in the United Kingdom. The Rapporteur
reiterates her interest in receiving a reply in regard to the communication of 28
September 2007, particularly given the risks Ms. S. M. may face if removed to Sri
Lanka.
United States of America
Response to a communication sent in 2006
549. On 26 Mach 2007, the Government of the United States of America replied to a
letter sent by the Special Rapporteur on 19 July 2006 regarding the case of J. L. G.
The Government replied that in light of the circumstances it was understandable that
Ms. J. L. G. felt more should have been done to prevent this crime. However, this
matter should be evaluated based on evidentiary record. The facts as presented in the
letter sent by the Special Rapporteur were not wholly accurate. In particular, the
restraining order against Mr G. granted him a “mid week dinner visit” to be arranged
by the parties”. Transcripts of conversations and police reports indicate that Ms. J. L.
G. has agreed a visit between Mr. G. and their three daughters that evening; the Castle
Rock Police Department was responsive to the infonnation and numerous requests for
assistance from Ms. J. L. G. throughout the course of the evening; and that the
information available at the time revealed no indication that Ms. 1. L. G. was likely to
commit this crime against his children. Accordingly, since Ms. J. L. G. consented to
the mid- week dinner visit, Mr. G. did not violate the restraining order by taking his
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daughters out for the evening, a fact Ms. J. L. G. later acknowledged explicitly to the
police department.
550. The Government also stated that the fact that Ms. J. L. did not prevail in her
federal court case does not mean that the United States authorities failed to properly
investigate her claim or that she was denied access to proper remedies in the United
States court system. The judicial remedies available in the United States to victims of
domestic violence were extensive.
551. The Government claims that the Unites States' conduct in this case was fully
consistent with the provisions of the United Nations Declaration on the Elimination of
Violence against Women and with United States obligations under the International
Covenant on Civil and Political Rights. The facts demonstrate that there was no
human rights violation. There was no failure to exercise due diligence; nor was there a
failure to provide access to the mechanisms of justice and to just and effective
remedies.
552. The Government declared to be among the world's strongest protectors of
victims of domestic abuse. It regrets that even the strongest of laws cannot prevent
every tragedy.
553. The Government also attached the extremely detailed “Response of the
Government of the United States of America to the Inter- American Commission on
Human Rights regarding J. L. G., Petition No. P-1490-05”, which can be summarized
as follow:
554. The State alleges that the events which occurred prior to the murders of Ms. J.
L. G.'s three daughters, on 23 June 1999, confirm that she had agreed that Mr. G.
could see their three daughters that evening for a mid-week dinner visit and that the
visit was consistent with the restraining order. Therefore, the State alleges that the
information available at the time revealed no indication that Mr. G. was likely to
commit that tragic crime against his own daughters.
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555. The State alleges that the evidentiary records show that throughout the evening
of June 22, 1999, and the early hours of June 23, 1999, the police responded
professionally to the information Ms. I. L. G. provided. The State argues that
although the restraining order granted Mr. G. “temporary sole physical custody” of
the children, it granted Mr. U. “parenting time with the minor children on alternating
weekends commencing after work on Friday evening and continuing through 7:00
p.m. Sunday evening”. It also granted Mr. G. a “mid-week dinner visit” to be
“arranged by the parties.” Therefore, the State argues that since Ms. J. L. G. consented
to the mid-week dinner visit, Mr. G. did not violate the restraining order by taking his
daughters for the evening.
556. The State argues that members of the Castle Rock Police Department were
responsive to her numerous requests for assistance and took her concerns
seriously. In response to her initial call, allegedly two officers were dispatched to Ms.
G.'s house, one went directly to her house and the other one went to Mr. Gonzales'
house, and later joined the first officer at Ms. G.'s house. The State also alleges that
at no point did Ms. J. L. G. show the officers a restraining order.
557. At approximately 8:43 p.m., Ms. J. L. G. called the police and informed the
dispatcher that she had received a telephone call from her husband and that he was
with the children at Elitch's amusement park in Denver. In that occasion, the State
alleges that Ms. J. L. G. did not mention any conversation with Rosemary Young (Mr.
Gonzales' girlfriend) nor did she mention any concern about Mr. G. mental state or
the safety of her children, nor did she request that an officer should be dispatched to
locate Mr. G. at the amusement park.
558. At 9:57 p.m., the State alleges that Ms. J. L. G. called again and expressed
frustration that her daughters had not arrived home. She did not mention that she was
concerned about the safety of any of the children. Nor did she request that the Castle
Rock police put out an “APB” (all points bulletin to other police
departments). According to the State, Ms. J. L. G. implicitly acknowledged that there
was no restraining order violation when she explained to the police dispatcher in her
first call to the Castle Rock police and in her subsequent conversations with an officer
that she had agreed to the visit.
--
AIHRC/7/6/Add. 1
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559. At approximately 12.30 am, on Wednesday, 22 June, Ms. J. L. G. showed up at
the police department in tears. The State alleges that at this point she expressed
concern about Mr. G.'s mental state saying that he had “lost it” and that he might be
“suicidal”. The State claims that the police ordered to locate Mr. G. and his vehicle
through an “Attempt to Locate BOLO” (an acronym for “Be On The Look Out”
which is directed to other jurisdictions so that they may notify the requesting police
department if they locate the individual in question). According to the investigation,
the State informs that Mr. G. reached the police station at 3.25 am and fired shots
through the window. After an exchange of gunfire with the officers, Mr. G. died.
When the officers approached Mr. G. ‘s truck, they discovered the bodies of the three
young girls.
560. The State argues that the petition is inadmissible for failure to state a breach of a
duty by the United States under the American Declaration. The State alleges that no
provision of the Declaration imposes an affirmative duty on States to actually prevent
the commission of the crimes perpetrated by Mr. G. Furthermore, the State also
alleges that no other provision of the Declaration contains language that even
addresses implementation of the enumerated rights as the American Convention. The
American Convention, on the other hand, includes a provision that describes the
actual obligations of State Parties regarding implementation of the rights enumerated
in the Convention.
561. Furthermore, the State alleges that Ms. S. L. G. did not exhaust all available
remedies to report the events suffered. Particularly, the State alleges that the actual
facts of the case were not addressed in the domestic litigation. At the district court
level, the Town of Castle Rock filed a motion to dismiss the claim. The District Court
found that as a matter of law, Ms. S. L. G. had failed to state a claim upon which relief
could be granted. Accordingly, the actual facts were not addressed in the litigation
because the appeals process dealt with whether the federal law invoked by Ms. J. L.
G., was available based on the allegations set forth in her complaint. The State claims
that had Mr. G. survived an additional range of remedies such as criminal prosecution
and criminal or civil contempt proceedings would have been available to Ms. S. L.
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G.. The Supreme Court determined that the Fourteenth Amendment's Due Process
Clause, granted police officers discretion in enforcing restraining orders, and
determined that Ms. J. L. G. did not have federal entitlement to enforcement of the
restraining order.
562. The State alleges that Ms. J. L. G. never filed a complaint with the Castle Rock
Police Department or with the Town of Castle Rock which would have prompted an
investigation of her complaint by the Castle Rock Police Department or the Town of
Castle Rock. In addition, although Ms. J. L. G. chose not to pursue a claim under
Colorado law, such as a civil suit in state court against the police officers under state
tort law, the State alleges that “had she been able to establish that the Castle Rock
police officers acted “willfhlly and wantonly” outside the scope of their employment,
she should have filed a civil suit against them in state court.” Furthermore, the State
argues that the Colorado Governmental Immunity Statute would have permitted such
a suit had she been able to meet this standard.
563. The State claims that the fact that Ms. J. L. G. did not obtain positive results at
the federal judicial level through the decision of the United States Supreme Court in
this specific case, does not mean that domestic violence victims do not have resources
available to them at the state or local level or that protection orders do not effectively
protect their beneficiaries.
564. The Government also describes a series of additional remedies and protections
for victims of domestic violence at the national and state levels, such as a large sums
of money devoted to implement programs related to domestic violence, as well as a
diversity of laws that have been designed to improve the investigation of domestic
violence cases.
Observations
565. The Special Rapporteur would like to thank the Government of the United
States of America for its comprehensive reply to her communication. Moreover, the
Special Rapporteur will follow with interest the deliberation of the Inter-American
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Commission on Human Rights on this case (Petition No. P-1490-05), considering that
the case was declared admissible on 24 July 2007.
Uzbekistan
Reply of the Government to a communication sent in 2006
566. On 21 July 2006, the Special Rapporteur on violence against woman, jointly
with the Special Representative of the Secretary-General on the situation of human
rights defenders, sent an urgent appeal concerning Ms. M. T., a human rights activist.
567. On 7 July 2006, M. T. was transferred to the psychiatric department of the
Tashkent women's prison. On 13 July 2006, her two lawyers went to visit her and
reported that her physical condition had markedly deteriorated, one of her hands was
bandaged and she uncharacteristically talked very slowly. When asked by one of her
lawyers how her hand was damaged, she did not reply. She did say, however, that she
has to take pills every day without being informed about what type of pills she is
given. She is kept in a room with 16 drug users and persons with mental problems.
On 14 July 2006, her lawyers sent a letter to the prison director to find out why M. T.
was transferred to the psychiatric department, but they did not receive a reply. 16
568. On 14 August 2007, the Government sent a letter which stated that false
information was disseminated by mass media and NGOs about Ms. M. T,'s health
conditions. It is reported that, according to the decision of the Court, Ms. M. T. had
pledged guilty for committing such crimes as blackmail, robbery, embezzlement
through appropriation and misapplication, fraud, evasion from tax payments,
violation of trade rules and land tenure conditions, functional forgery, arbitrariness,
distribution of materials containing threat to public safety and order. On 6 March
2007, she was convicted to 8 years of imprisom ent with the deprivation of the right
to take up any administrative and financially-liable positions within 3 years.
‘ 6 A/HRC/4/34/Add. 1
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569. The Government affinned that since 7 July 2006, Ms. M. T. was serving a
sentence in the colony of general regime and she had a right for health protection,
including medical care outlined in the Criminal-Executive Code of Uzbekistan. She
already contacted the medical unit of the colony and underwent in-patient treatment
twice. On 11 August 2007, the medical examination states her health condition is
satisfactory and she is able to work.
570. The government listed the four meetings with relatives Ms. M. T. had in
accordance with article 9 of the Criminal-Executive Code:
- on 19 July 2006, a short meeting with her nephew, Mr. G. U.
- on 10 August 2006, a 3 day-meeting with her sister Ms. M. T.
- on 9 January 2007, a short meeting with her daughter Ms. M. T.
- on 10 August 2007, a short meeting with her younger brother Mr. R. T.
571. Furthennore, it is claimed that, in accordance with written request by Ms. M.
T., lawyer Ms. D. N. visited her on 13 July 2006. Aflerwards she never requested
such visit. Finally, it is alleged that Ms. M. T. regularly receives parcels and packets
from relatives. She also received and sent numerous letters to and from relatives.
Urgent appeal
572. On 13 April 2007, the Special Rapporteur on violence against women, its
causes and consequences, jointly with the Special Rapporteur on the question of
torture, and the Special Representative of the Secretary-General on the situation of
human rights defenders, sent an Urgent appeal to the Government regarding Ms. M.
T., Chairperson of the human rights organization Plaininenoe Serdtse, Ardent Hearts
Club, based in Ferghana City. She is also one of the founders of the national
movement Civil Society and a 2005 Nobel Peace Prize nominee. Ms. M. T. was the
subject of a communication sent by the Special Rapporteur on violence against
women, its causes and consequences, jointly with the Special Representative to the
Secretary-General for human rights defenders on 21 July 2006.
573. Ms. M. T. was also the subject of a communication sent by the Special
Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the
A/HRC/7/6/Add. 1
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promotion and protection of the right to freedom of opinion and expression and the
Special Representative of the Secretary-General on the situation of human rights
defenders on 6 February 2006; of a communication sent by the Special Rapporteur on
violence against women, its causes and consequences jointly with the Special
Representative of the Secretary-General on the situation of human rights defenders on
18 July 2005; and of a communication sent by the Special Rapporteur on violence
against women, its causes and consequences, with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention and the Special Representative of the
Secretary-General on the situation of human rights defenders on 27 October 2005.
574. According to information received: On 6 March 2006, Ms. M. T. was sentenced
to 8 years in prison. She is currently being detained at Tashkent Prison. Ms. M. T.
reportedly spent seven months in solitary confinement and was held in a psychiatric
unit for mentally ill and drug-addicted persons, located in a women's detention centre
in the Mirabad district of Tashkent. Ms. M. T. ‘s health is deteriorating as a result of
the conditions in which she is being held and is in need of urgent medical attention. It
is reported that she has lost approximately 20 kilograms in weight and is suffering
from a kidney-related illness caused by cold and low blood pressure. Ms. M. T. was
last seen by her family on 9 January 2007 despite numerous attempts by relatives to
visit her at the detention centre in order to bring her medication and food.
575. According to reports, members of Ms. M. T. ‘s family, including her brother Mr.
R. T. and her daughter Ms. M. A., have been subjected to harassment and
intimidation. On 22 December 2006 Mr. R. T. was evicted from his apartment and is
under constant surveillance by the authorities. He has also received a warning that if
he continues to object to the detention of his sister it will be difficult for him to
continue to work and he will be forced to leave Tashkent. She was also warned that if
she would then travel to Tashkent again (to see her mother) she will be killed. Ms. M.
A. has been followed by individuals believed to be law enforcement agents.
576. Concern is expressed that the above-mentioned events form part of an ongoing
campaign to silence human rights defenders in Uzbekistan. Grave concern is also
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expressed at the reported ill-treatment of Ms. M. T. and consequent deterioration of
her health.
Response from the Government
577. On 26 April 2007, the Uzbekistan Government replied to the letter sent on 13
April 2007. It made reference to a series of provisions regarding citizens' rights and
freedoms such as article 27 of the Constitution, the Law “On citizens' applications”
and criminal and administrative legislations.
578. Moreover, the Government affirmed that judicial and non-judicial institutions
on protection of human rights and freedoms were established and successfully
functioned, which facilitated timely reaction to citizens' applications and the adoption
of fair decisions upon issues raised. However, it claimed that some citizens,
“pretending to be a victim of alleged violations by State bodies, premeditatedly refuse
to submit applications to such institutions and instead target the attraction of attention
of international human rights or other organizations to themselves. Thus, they pursue
a political purpose to cause a wave of criticism against Uzbekistan.”
579. Finally, the Government advised the Special Rapporteur to inform Ms. M. T. to
appeal to competent bodies in Uzbekistan to restore her rights, provided that alleged
violations have taken place.
Urgent appeal
580. On 10 July 2007, the Special Rapporteur on violence against women, its causes
and consequences, jointly with the Special Rapporteur on the question of torture, the
Special Representative of the Secretary-General on the situation of human rights
defenders sent an urgent appeal to the Government concerning Ms. M. T.,
Chairperson of the human rights organization Plarninenoe Serdtse, Ardent Hearts
Club, based in Ferghana City. She is also one of the founders of the national
movement Civil Society and a 2005 Nobel Peace Prize nominee. Ms. M. T. has been
the subject of numerous urgent appeals by special procedures mandates. Government
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responses dated 10 and 26 April 2007 have been noted. However, according to recent
allegations received:
581. Ms. M. T. is being ill-treated by prison wardens whilst in detention in Tashkent
prison, and this ill-treatment is having adverse effects on her health. She is frequently
being humiliated and threatened with acts of violence against her daughter. She is also
placed in solitary confinement, and has been denied access to medical treatment
which she urgently requires. In addition, she has been denied her visitation rights, and
delegates from the International Committee of the Red Cross have been prevented
from seeing her.
582. Serious concern is expressed at the reported continuing ill-treatment of Ms. M.
T. and the consequent deterioration of her health. Further concern is expressed that
the above-mentioned events may form part of an ongoing attempt to silence human
rights defenders in Uzbekistan.
Observations
583. The Special Rapporteur would like to thank the Government for its replies to
some of her communications. With respect to the Government's reply of 26 April
2007 to her communication dated 13 April 2007, the Special Rapporteur would like to
remind the Government of Uzbekistan that the special procedures mechanism of
communications to and from Governments, as established by Member States, does not
prevent any citizen from applying to the national protection mechanisms in place in
his/her country. The two sets of mechanisms are complementary. The Special
Rapporteur further notes that the Commission on Human Rights, in its resolution
2005/41, paragraph 17 (a), stressed “that States have an affirmative duty to promote
and protect the human rights and fundamental freedoms of women and girls and must
exercise due diligence to prevent, investigate and punish all acts of violence against
women and girls, and [ called] upon States to apply international human rights norms
and to consider, as a matter of priority, becoming party to international human rights
instruments that relate to violence against women and girls, and to implement fully
their international obligations.”
AIHRC/7/6/Add. 1
Page 152
584. Finally, the Special Rapporteur would be interested to know whether the case
reported in the communication of 10 July 2007 has resulted in any investigations into
alleged ill-treatment by prison wardens.
