A/HRC/43/51/Add.3 587. The Special Rapporteur notes the reported acquittal of at least 491 signatories of the statement “We will not be a Party to this Crime” following the July 2019 ruling by the Constitutional Court that the conviction of Academics for Peace had violated their freedom of expression. However, he remains concerned about the ongoing judicial proceedings against some of them. 588. The Special Rapporteur is also concerned at the sentencing to prison of eleven Turkish Medical Association’s Council members. He is dismayed that the issuing of opinions on public health and calling for peace has led to the imprisonment of the human rights defenders for almost two years. He reminds the Government of Turkey that, as part of their obligations under the International Covenant on Economic, Social and Cultural Rights article 12, States should respect, protect, facilitate and promote the work of human rights advocates and other members of civil society with a view to assisting groups in vulnerable or marginalised situation in the realisation of their right to health. 589. The Special Rapporteur regrets that the Government’s replies in the abovementioned cases failed to address the main concerns put forth by him and did not provide specific information as to the factual basis for the charges brought against the human rights defenders or the measures taken to ensure that trials are conducted in a free and fair manner. Turkmenistan 590. JAL 08/02/2019 Case no: TKM 1/2019 State reply: none to date Allegations of forced labour in the cotton sector and the arbitrary detention of labour rights defender, Mr. Gaspar Matalaev. 591. JAL 29/11/2019 Case no: TKM 2/2019 State reply: none to date Alleged enforced disappearances and deaths in custody of at least 27 individuals due to torture, inhumane treatment, degrading detention conditions, and denial of medical assistance in the Turkmen prison system, in particular at the maximumsecurity prison Ovadan Depe. 592. The Special Rapporteur regrets that, at the time of finalisation of this report, no responses have been received from the Government of Turkmenistan. He urges the Government to engage with the mandate holders of the Special Procedures of the Human Rights Council, and to address allegations of forced labour, retaliation against Gaspar Matalaev for documenting it, as well as enforced disappearances and deaths in custody of at least 27 individuals in Turkmen prisons, including civil rights defenders. 593. In relation to the allegations outlined in his communication dated 8 February 2019, the Special Rapporteur remains deeply concerned about Mr. Matalaev’s ongoing imprisonment and restates the concerns of the Human Rights Committee about the “continuous use of harassment, intimidation, torture and arbitrary arrests, detention and convictions on reportedly politically motivated charges as a retaliation tool, including those seeking to document forced labour in the cotton harvest, such as Gaspar Matalaev”. 594. In regards to the case of human rights defender Ms. Muradova, on 6 April 2018, the Human Rights Committee found violations in respect of her rights to life, freedom from torture, personal liberty and security, fair trial, and freedom of expression. The Committee found the Government to be under an obligation to conduct a thorough, prompt and impartial investigation into Ms. Muradova’s arbitrary arrest and detention, torture and death in custody; provide full redress to her family, including adequate compensation and rehabilitation for the name of Ms. Muradova for the violation of her rights; and provide all information regarding the investigation, including the findings of the autopsy and copies of trial transcripts and the court judgment to her lawyer and the family members. Furthermore, the Committee indicated that Turkmenistan is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future (CCPR/C/122/D/2252/2013). The Special Rapporteur urges the Government to implement the recommendations adopted by the Human Rights Committee. 81

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents