A/HRC/39/41
91.
Following their collaboration with the Committee, Ms. Tannagasheva and
Mr. Tannagashev were subject to harassment and intimidation by authorities of the
Kemerovo district and representatives of Yuzhnaya coal company. They were urged by the
police to renounce their activities, and were placed under surveillance by the police and
security service, and had their phones tapped. Threats were made by security service agents
concerning their children, and their relatives and friends were summoned for questioning.
Further, Ms. Tannagasheva was dismissed from her job as a teacher at a local school and
her house was burned down in a suspected arson attack, following which no investigation
took place. As a result, both fled the country with their children out of fear for their safety.
The Committee expressed their grave concern for the allegations of reprisals against
Ms. Tannagasheva and Mr. Tannagashev, which appear to be a direct consequence of their
engagement with the Committee. At the time of writing the Government had not responded
to the Chair and the Focal Point for Reprisals of the Committee.
22.
Rwanda
92.
On 20 October 2017, the Subcommittee on the Prevention of Torture (SPT)
announced publicly that it had suspended its visit to Rwanda “due to a series of
obstructions imposed by authorities, such as accessing some places of detention,
confidentiality of certain interviews and over concerns that some interviewees could face
reprisals.” 20 The Subcommittee reported that during its visit the experts encountered an
especially difficult environment to undertake private interviews with detainees and many
detainees expressed to them a fear of reprisals for cooperating with them. In some cases,
detainees refused to be interviewed at all for fear of subsequent retaliation against them.
Before the suspension of the visit, the Subcommittee and OHCHR Secretariat made several
attempts to address the above-mentioned concerns with the Ministry of Justice, to no avail.
According to its mandate under the Optional Protocol to the Convention against Torture
(OPCAT), the Subcommittee can make unannounced visits at any place where people are
or might be deprived of their liberty in countries which are a party to the Protocol,
including prisons, police stations, detention centers for migrants, juveniles’ detention
centers, interrogation facilities, and psychiatric hospitals.
93.
At its thirty-fourth session in February 2018, the the Subcommittee announced its
intention to resume the visit to Rwanda. 21 However, due to the lack of cooperation of the
authorities in the resumption of the visit, at its thirty-fifth session in June 2018, the
Subcommittee decided to terminate the visit as there was no prospect of the visit being
successfully resumed or concluded. It is the first time in 11 years and more that 60 country
visits that the Subcommittee had to terminate a visit before its completion. 22
94.
On 1 June 2018 the Assistant Secretary-General for Human Rights wrote to the
Government expressing concern about the lack of assurances given to the SPT that those
interviewed or contacted during the visit would not face intimidation and reprisals for
cooperating with the SPT members and OHCHR Secretariat, and requesting information on
the welfare of the detainees involved in the visit. On 18 June 2018 the High Commissioner
for Human Rights expressed concern by the suspension of the visit, and called on Rwanda
to provide full cooperation so that the Subcommittee can fulfil its mandate. 23 On 27 June
2018 the Government responded to the Assistant Secretary-General that the SPT had “full
and unimpeded access to places of detention and detainees” and has put in place
“prevention and investigatory measures to respond to allegations of reprisals.” The
Government noted that it had underwent its own investigation into the conditions that led to
the suspension of the visit, including the allegations of reprisals, and found them without
base. The Government further referred to its letter of 23 October 2017 to the SPT which
noted that technical issues that arose during the five-day visit were resolved.
20
21
22
23
36
OHCHR, “Prevention of Torture: UN human rights body suspends Rwanda visit citing obstructions,”
20 October 2017.
OHCHR, “UN torture prevention experts announce resuming visit to Rwanda,” 28 February 2018.
OHCHR, “UN torture prevention body to visit Burundi, Costa Rica, Senegal and Switzerland;
terminates Rwanda visit”, 4 July 2018
OHCHR, “Opening statement and global update of human rights concerns by UN High
Commissioner for Human Rights Zeid Ra’ad Al Hussein at 38th session of the Human Rights
Council,” 18 June 2018.
GE.18-13325