A/HRC/42/30
notice or explanation, to Meknes Toulal II prison and detained in solitary confinement with
restricted visits and calls.
73.
The case of Mr. Ennaâma Asfari, a Sahrawi human rights defender, was included in
the 2018 report of the Secretary-General (A/HRC/39/41, para. 57 and Annex I, para. 77)
regarding the deterioration of his conditions of detention and transfer following the decision
of the Committee against Torture about his case (CAT/C/59/D/606/2014). On 13 July 2018,
the Committee wrote to the Government emphasizing the need to refrain from reprisals
(G/S0 229/3 MAR(8) 606/2014). On 31 July 2018, the Government responded and met
with the Committee on 3 December 2018. 144 On 5 December 2018, the Government
responded to the allegations of reprisals, including limited visits by family members and
entry ban against Mr. Asfaris’ wife, Ms. Claude Mangin-Asfari, into the Moroccan territory.
On 14 and 15 January 2019, it was reported that Ms. Mangin-Asfari was able to 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
144
58
CAT/C/65/3, paras. 8–9.