A/HRC/42/30
visit her husband in Kenitra prison following a campaign she led, including a hunger strike.
However, Mr. Asfari reportedly continues to be deprived of other family visits and those of
his lawyers, and still suffers from harsh detention conditions. The Committee decided to
keep the dialogue with the State party open, including by requesting another meeting with a
representative in Geneva in July 2019 (CAT/C/66/3).
74.
The case of Mr. Ali Aarrass was included in the 2013 report of the SecretaryGeneral (A/HRC/24/29, para. 27) regarding threats and prison transfer reportedly in
connection to his cooperation with the Special Rapporteur on torture during his visit to the
country. His situation was addressed by a number of special procedures mandate holders
(MAR 11/2012 and A/HRC/23/51; MAR 2/2013, and A/HRC/25/74; and MAR 7/2015).
The Government responded to the allegations in 2013 and 2015. In a decision of 14 May
2014, the Committee against Torture reported that it is of the view that the information
before it disclosed a violation of article 2, paragraph 1, and articles 11, 12, 13 and 15 of the
Convention against Torture in the case of Aarrass v. Morocco (CAT/C/52/D/477/2011,
para. 11; Communication 477/2011, para. 7.4).
75.
On 3 December 2018, in light of the absence of updates by the State party, the
Committee met with the Permanent Mission in Geneva and sent reminders for observations
on 6 August and 30 November 2018, due by 31 December 2018. On 11 January 2019, the
State party submitted observations. In May 2019, in the absence of a meaningful progress
in implementation of the decision, the Committee decided to keep the follow-up dialogue
open, and to request another meeting with the Permanent Mission in Geneva in July 2019
(CAT/C/66/3, paras. 9–11, and CAT/C/65/3, paras. 8–9). Mr. Ali Aarrass has reportedly
suffered further reprisals while at Salé II prison, and continues to be held in solitary
confinement. In December 2018, while the prison director was on leave, two prison
officials took him by force, undressed him while spitting on him, and threatened to rape
him. They also insulted him and his family. He was reportedly deprived of food for ten
days.
21.
Myanmar
76.
The 2018 report of the Secretary-General (A/HRC/39/41, para. 59 and Annex I,
para. 79) noted that the Special Rapporteur on the situation of human rights in Myanmar
had received information about violent reprisals taken by the armed forces against civilians
with whom she had met following her visit to Rakhine State in January 2017, including a
reported killing, beatings and a rape (see A/HRC/37/70, para. 63). The Special Rapporteur
has been denied entry into Myanmar since January 2018, and has not been able to visit the
area to follow up on these reports.
77.
The 2018 report of the Secretary-General (A/HRC/39/41, para. 60 and Annex I,
paras. 80–82) noted that the Governing Body of ILO remained concerned about cases of
apparent reprisal against complainants in forced labour cases, including that of Mr. Aung
Ko Htwe (see GB.332/INS/8, para. 16),145 which were also raised by the Special Rapporteur
(see A/HRC/37/70, para. 15). Mr. Aung Ko Htwe had been forcibly recruited into the army
in 2005 at age 14 and should receive continued protection as a complainant with ILO,
according to the 2007 agreement between the ILO and Myanmar.”146 However, on 28
March 2018, the Dagon Seikkan Township Court sentenced him to two years in prison with
hard labor.
78.
It was reported that on 30 October 2018 Mr. Aung Ko Htwe was tried and acquitted
of “causing destruction of the whole or any part of the Union Seal” by Yangon’s Botataung
Township Court for his conduct during the trial when he allegedly stepped on a copy of
Myanmar’s Constitution. In December 2018, three special procedures mandate holders
raised concerns about Mr. Aung Ko Htwe’s trial (MMR 6/2018). On 4 and 25 March 2019,
145
146
60
ILO, Follow-up to the resolution concerning remaining measures on the subject of Myanmar adopted
by the Conference at its 102nd Session, 2013 (7 February 2018).
ILO, Supplementary Understanding between the Government of Myanmar and ILO, 2007.
GE.19-15332