Date Type 19/08/2011 JUA 16/09/2011 JAL Case No Country Mandate(s) Summary of the allegation transmitted Reply USA 15/2011 Health; Migrants; United States of Torture; Violence America against women; Alleged torture and ill-treatment in immigration facilities. According to the information 02/04/2012 received, 16 gay and transgender individuals were held in various immigration detention facilities between May 2009 and July 2011. J.H. was reportedly sexually assaulted by two fellow detainees. The staff allegedly did not provide adequate protection or investigate the violation. “N” was reportedly sexually assaulted by a guard while in segregation at the Eloy Detention Centre in Arizona. A number of the victims claim to have been subjected to solitary confinement or confined to “lock down” in their cells for 22 hours per day. A number of detainees have reportedly had difficulties accessing their medication at the Santa Ana City Jail in California. Furthermore, there is reportedly a lack of protection from persecution and respect for the principle of nonrefoulement for those who risk torture if returned to their home countries on account of their sexual orientation, gender identity or HIV status. ZAF 2/2011 South Africa 19/10/2011 Alleged rape of sex worker by police while in detention. According to information received Ms. X, a sex worker residing in Plattekloof and Kensington, Cape Town, was 31/01/2012 29/02/2012 arbitrarily detained and raped by three police officers at Woodstock Police Station in late October 2009. Ms. X was allegedly approached by two police officers who violently pushed her into in a South African Police Service van, injuring her forehead in the process. She was allegedly then taken to the police station where she was kept in crowded quarters without being informed of any of her rights nor being allowed to make a phone call. She was then allegedly taken to an isolated cell where she was verbally abused by three police-officers who forced her to perform oral sex and subjected her to vaginal rape in exchange for her release. Reportedly, one of the policeofficers who raped her continued to harass her. Ms. X had allegedly not filed any formal complaint for fear of suffering. Reportedly, current legislation, which criminalizes sex work in South Africa, increases the vulnerability of sex workers to violence, as it further enhances their social stigmatization and discrimination. Torture; Violence against women; A/HRC/20/30 73

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