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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