A/HRC/48/28
cooperation with the Special Rapporteur on torture during his visit to the country. His
situation was addressed by special procedures mandate holders (MAR 11/2012; MAR
2/2013; and MAR 7/2015). The Government responded to the allegations in 2013 208 and
2015209. In a decision of 14 May 2014 on the case of Aarrass v. Morocco, the Committee
against Torture noted allegations of reprisals following the visit of the Special Rapporteur,
and found a violation of article 2(1) and articles 11, 12, 13 and 15 of the Convention against
Torture (CAT/C/52/D/477/2011, paras. 6.8, 7.4 and 11).
100. In a Decision published in January 2020 on the case of Aarrass v. Morocco
(CAT/C/68/D/817/2017), the Committee against Torture found a violation of articles 16 and
2 (1), read in conjunction with articles 1 and 11, and of article 14 of the Convention (para.
9). It noted that Mr. Aarrass’ conditions of detention had not improved and that this
constituted a failure to implement its first decision on the case (CAT 477/2011). It was
reported that, according to the complainant, his conditions of detention may have amounted
to reprisals for insisting in the implementation of CAT’s first decision, and for submitting the
second complaint to the Committee. The Decision noted that to protest his conditions of
detention and the acts of intimidation he has suffered in relation to the complaints he has
submitted at the national and international levels, the complainant has gone on several hunger
strikes (para. 2.12). The Committee invited the State party to submit information on the case
and take steps to respond to its observations, including by the provision of full, adequate and
fair compensation to the complainant for all the violations of the Convention (CAT 817/2017,
para.10).
101. According to information received by OHCHR, on 2 April 2020, Mr. Aarrass was
released upon completion of the 12-year sentence, but reportedly not allowed to leave
Morocco until July 2020, despite repeated requests, allegedly further aggravating his mental
and physical suffering. Once abroad in Belgium, a medical examination of Mr. Aarrass
reportedly revealed serious physical concerns and psychological trauma related to his
conditions of detention and abuse while in prison. This update on the situation of Mr. Aarrass
was not included in the 2020 report of the Secretary-General due to fear of further retaliation
at the time.
20.
Nicaragua
102. The case of Ms. Vilma Nuñez de Escorcia, of the Centro Nicaragüense de Derechos
Humanos (CENIDH), was included in the 2020 report of the Secretary-General 210 on
allegations of harassment following her engagement with the High Commissioner and
concerns expressed about the situation of CENIDH by various UN actors (NIC 4/2021). The
February 2021 report of the High Commissioner noted that CENIDH and nine other civil
society organizations continue to be deprived of their legal registration for alleged
administrative omissions or activities contrary to their statutory purposes, including
providing support to “terrorist actions” (A/HRC/46/21, paras. 18–20). Their assets have been
liquidated and disposed of by the Government. Six of the nine organizations challenged the
withdrawal of their legal registration before the Supreme Court of Justice, whose decision
remained pending as of December 2020 (para. 18).
103. On 25 February 2021, Ms. Nuñez briefed the Human Rights Council about the human
rights situation in Nicaragua, including about its COVID-19 response. According to
information received by OHCHR, on 8 April 2021, while Ms. Nuñez was receiving the
COVID-19 vaccine, unknown individuals took unauthorized pictures of her that were
disseminated with stigmatizing messages on social media. The messages labeled Ms. Nuñez
as “opportunist” for being vaccinated by the same Government whose response to the
pandemic she had criticized publicly.211
208
209
210
211
70
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32132.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=32540.
A/HRC/45/36, para. 95 and Annex I, para. 89.
High Commissioner Report on Nicaragua, 10th Meeting, 46th Regular Session Human Rights
Council, at https://media.un.org/en/asset/k1a/k1affp8c5o (time stamp 00:55:50).