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United Arab Emirates

(a) JUA 09/01/2014 Case No. ARE 1/2014 State Reply: 16/04/2014 Allegations concerning the cases of Messrs. Ravindra Krishna Pillai, Abdullah Abdur-Rahman Abdullah, Mohomed Naif Ali, Kamrul Islam and Ateek Ashraf, who are reportedly scheduled to be executed on 12 January 2014, in the United Arab Emirates.

  1. The Special Rapporteur thanks the Government of United Arab Emirates for its reply, dated 16.04.2014, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that, on the date of the dispatch of the reply, discussions were ongoing with relatives of four of the persons sentenced on waiving the retributive death penalty. However, he regrets the fact that Mr. Ravinda Krishna Pillai had already been executed at the time of the reply, and that, as of the drafting of this report, the Government has not provided any update on the cases.

  3. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79).

  4. The Rapporteur finds that the Government’s reply fails sufficiently to address the concerns raised in the initial communication; as a result, the Government fails to cooperate fully and expeditiously with the mandate issued by the Human Rights Council in Resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  5. In particular, the Special Rapporteur finds that Mr. Ravindra Krishna Pillai was executed for what seems to have been a non-intentional taking of another’s life, in violation of the norm that restricts capital punishment to only “the most serious crimes.” He appears to have been executed pending appeals, which constitutes another serious breach of international law standards regarding the death penalty. The Special Rapporteur also finds that imposing the death penalty on a person with mental disabilities, as is the case with Mr. Abdullah Abdur-Rahman Abdullah, is likewise a violation of UAE international obligations.

  6. The Rapporteur concludes that the Government of United Arab Emirates, by not taking steps to prevent the execution of Mr. Krishna Pillai, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as described in articles 1 and 16 of the CAT.

  7. The Rapporteur strongly condemns the execution of Mr. Krishna Pillai and calls on the Government of United Arab Emirates to take appropriate measures in order to ascertain that the practice of executions be abolished in the future, including by undertaking a prompt, impartial, and effective investigation of the alleged acts of torture, prosecuting and punishing the responsible for those acts, and providing redress to the victim’s family for the torture and execution of Mr. Krishna Pillai.

  8. The Rapporteur strongly urges the Government of United Arab Emirates to refrain from executing the other persons in question, as well as to refrain from, and abolish, the practice of executions.

(b) JUA 16/04/2014 Case No. ARE 3/2014 State Reply: 13/05/2014 Allegations of arbitrary arrest, detention and torture of Mr. Osama Al-Najjar.

  1. The Special Rapporteur thanks the Government of United Arab Emirates for its reply, dated 13.05.2014, to the present communication.

  2. The Rapporteur welcomes the Government’s initiative to investigate the allegations of arbitrary arrest, detention and torture of Mr. Al-Najjar. However, he regrets that, as of the drafting of this report, the Government has not submitted any substantive reply.

  3. The Rapporteur finds that the reply of 13.05.2014 does not sufficiently address the concerns raised in the initial communication, which means that the Government fails to cooperate fully and expeditiously with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. In the absence of information to the contrary, the Rapporteur concludes that Mr. Al-Najjar was severely tortured in the course of his detention and interrogation at a secret site, and that this violation is aggravated by the fact that it was retaliation for his legitimate exercise of free expression and advocacy in support of his father’s case. Therefore, the Government of United Arab Emirates, by failing to protect the physical and psychological integrity of Mr. Al-Najjar, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(c) JUA 30/12/2013 Case No. ARE 7/2013 State Reply: 27/02/2014 Allegations of abduction of Mr. Abdulrahman al-Jaidah.

  1. The Special Rapporteur thanks the Government of United Arab Emirates for its reply, dated 27.02.2014, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that Mr. al-Jaidah was arrested on 24.12.2013 and deported to Qatar the day after his arrest.

  3. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, specifically about the arrest of Mr. al Jaidah as he was attending the trial of his father, about the beatings that he suffered at the time and the fact that he was held in an undisclosed location. The insufficient reply prompts the Rapporteur to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. In the absence of convincing information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of United Arab Emirates, by failing to protect the physical and psychological integrity of Mr. al-Jaidah and investigate his enforced disappearance and secret detention, has acted in discordance with article 12 of the CAT, and violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(d) JUA 08/10/2014 Case No. ARE 5/2014 State Reply: 04/11/2014 Allegations of arbitrary arrest, incommunicado detention and enforced disappearance of two Qatari nationals, Mr. Yousef Abdu al-Ghani Ali al-Mullah ( يوسف عبد الغني علي الملا ) and Mr. Hamed Ali Mohamed al-Hamaadi ( حمد علي محمد الحمادي ) by United Arab Emirates (UAE) police.

  1. The Special Rapporteur thanks the Government of the United Arab Emirates for its reply, dated 04.11.2014, to the present communication.

  2. The Rapporteur takes note of the one-month extension requested by the Government to complete an investigation.

  3. The Special Rapporteur notes that since the date of the Government’s request for an extension, the Government has not issued any further communications to the Rapporteurship, thus failing to cooperate fully and expeditiously with the mandate issued by the Human Rights Council in Resolution 25/13. In the absence of information, the Rapporteur concludes that there is substance in the allegations presented in the initial communication that Mr. al-Mullah and Mr. al-Hamaadi have been arbitrarily arrested and have been in incommunicado detention and are victims of enforced disappearance. Thus, the Special Rapporteur concludes that the Government of the United Arab Emirates by failing to protect the physical and psychological integrity of Mr. al-Mullah and Mr. al-Hamaadi, has violated their to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

United Kingdom of Great Britain and Northern Ireland

(a) JUA 21/05/2014 Case No. GBR 2/2014 State Reply: 10/07/2014 Allegations of imminent deportation of Mr. A to Bahrain.

  1. The Special Rapporteur thanks the Government of the United Kingdom of Great Britain and Northern Ireland for its reply, dated 10.07.2014, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that Mr. A has not been extradited to Bahrain as of the date of the reply, although the note does not provide any information as to the status of judicial proceedings regarding this case.

  3. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, specifically with regards to the refusal to grant Mr. A asylum although he has been detained and tortured three times in Bahrain and sentenced in absentia for promoting “illegal gatherings.” The reply provides no assurance that Mr. A will not be deported to Bahrain in the future. This insufficient reply prompts the Rapporteur to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the extradition of Mr. A to Bahrain, has not taken place. The Rapporteur strongly urges the Government of the United Kingdom of Great Britain and Northern Ireland to protect the right of Mr. A to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT, and to refrain from extraditing Mr. A to Bahrain, thereby ensuring compliance with article 3 of the CAT.

(b) JUA 20/10/2014 Case No. GBR 3/2014 State Replies: 28/10/2014 and 06/11/2014 Allegations concerning Mr. Liaquat Ali Hazara, an asylum seeker from Pakistan, who is at imminent risk of being persecuted, tortured and killed if forcibly returned from the United Kingdom to Pakistan.

  1. The Special Rapporteur thanks the Government of United Kingdom of Great Britain and Northern Ireland for its reply, dated 28.10.2014 and 06.11.14 to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that Mr. Hazara has exhausted his appeal rights and that his removal did not go as scheduled in October 2014 because his Emergency Travel Document requested from the Pakistan High Commission was not issued in time for his flight. Further, that additional submissions made on behalf of Mr. Hazara were being considered.

  3. The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication.

  4. It has come to the attention of the Special Rapporteur that the extradition Mr. Hazara to Pakistan, has been called off. The Rapporteur welcomes the decision of the Government of United Kingdom of Great Britain and Northern Ireland to refrain from extraditing Mr. Hazara, and thereby comply with article 3 of the CAT.

(c) JUA 14/11/2014 Case No. GBR 5/2014 State Reply: 20/11/2014 Allegations of the expulsion of Rwandan journalist, Mr. Madjaliwa Niyonsaba scheduled for Sunday, 16 November 2014, considering serious risks of harassment, arbitrary detention, ill-treatment and torture, and death if forcibly returned to Rwanda.

  1. The Special Rapporteur thanks the Government of the United Kingdom of Great Britain and Northern Ireland for its reply, dated 20.11.2014, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government, which stated that it deferred that Mr. Niyonsaba’s extradition on receipt of a sealed application for Judicial Review.

  3. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the extradition of Mr. Niyonsaba to Rwanda, has not taken place. The Rapporteur strongly urges the Government of the United Kingdom of Great Britain and Northern Ireland to protect the right of Mr. Niyosaba to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT, and to refrain from extraditing Mr. Mr. Niyonsaba to Rwanda, thereby ensuring compliance with article 3 of the CAT.

United States of America

(a) JUA 03/12/2013 Case No. USA 19/2013 State Reply: 19/12/2013 Allegations concerning the situation of Mr. Askari Abdullah Muhammad, 62, death row prisoner since 1975, who suffers from a serious mental illness. Mr. Abdullah Muhammad is reportedly at risk of being executed in the state of Florida, United States of America.

  1. The Special Rapporteur thanks the Government of United States of America for its reply, dated 19.12.2013, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that, on the date of the dispatch of the reply, the execution of Mr. Muhammad had been delayed pending a legal challenge.

  3. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged or indefinite solitary confinement may never constitute a legitimate instrument of the State and is running afoul the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment.

  5. The Special Rapporteur recalls that when used for juveniles, pregnant women, or people with mental disabilities, (A/66/268 and A/68/295), solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, even if not used indefinitely or for a prolonged period of time.

  6. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79). The execution of persons who are mentally disabled is per se a violation of an existing norm of customary international law.

  7. It has come to the attention of the Special Rapporteur, that Mr. Muhammad was executed on 07.01.2015. The Rapporteur strongly condemns the execution and concludes that the Government of the United States, by preventing the solitary confinement and execution of Mr. Muhammad, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. The Rapporteur calls on the Government of the United States to take appropriate measures in order to ascertain that the practice of executions be abolished in the future, including by undertaking a prompt, impartial, and effective investigation of the alleged acts of torture, prosecuting and punishing the responsible for those acts, and providing redress to the victim’s family for the torture and execution of Mr. Muhammad.

(b) JUA 05/12/2013 Case No. USA 20/2013 State Reply: 05/12/2013 Allegations concerning the situation of Mr. Djamel Ameziane, born in 1967, ethnic Berber from Algeria who fled Algeria in early 1990s and unsuccessfully sought asylum in Austria and Canada before he was reportedly detained in Pakistan and transferred to Guantanamo Bay, Cuba. Mr. Ameziane is at risk of being forcibly transferred to Algeria where it is feared that he will be subjected to torture and ill-treatment. Mr. Ameziane is currently seeking resettlement in a safe third country.

  1. The Special Rapporteur thanks the Government of United States of America for its reply, dated 05.12.2013, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government regarding its policy on extradition.

  3. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. It has come to the attention of the Special Rapporteur, that Mr. Ameziane was extradited on 05.12.13 to Algeria. The Rapporteur condemns the extradition, which is a violation of article 3 of the CAT, and urges on the Government of the United States to rescind the deportation order, and to ensure the return of the aforementioned individual to the United States. Moreover, the Rapporteur calls on the Government to take appropriate measures in order to ascertain that extraditions in violation of article 3 of the CAT do not take place in the future, including the investigation, prosecution and punishment of those responsible for the illegal extradition of Mr. Ameziane.

(c) JAL 20/12/2013 Case No. USA 21/2013 State Reply: None to date Allegations concerning a lethal air strike in the Republic of Yemen on 12 December 2013, allegedly involving the use of armed drones belonging to the authorities of the United States of America.

  1. The Special Rapporteur regrets that the Government of the United States has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  2. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of the United States, by conducting an air strike that killed at least 12 and injured at least 10 individuals, the majority of whom were civilians, has violated the right of these civilians to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(d) UA 10/01/2014 Case No. USA 1/2014 State Reply: None to date Allegations concerning the case of Mr. Kenny Zulu Whitmore, who has been held in a solitary confinement for 35 years (of which 27 consecutive years) in the maximum security Louisiana State Prison (LSP, also known as Angola), in the United States of America.

  1. The Special Rapporteur regrets that the Government of the United States has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  2. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged or indefinite solitary confinement may never constitute a legitimate instrument of the State and is running afoul the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment.

  3. Being aware of the arbitrary nature of any effort to establish a moment in time when an already harsh regime becomes prolonged and therefore unacceptable, the Special Rapporteur defined that prolonged solitary confinement is any period of solitary confinement in excess of 15 days (A/66/268). This definition was based on the large majority of scientific studies which indicate that after 15 days of isolation harmful psychological effects often manifest and may even become irreversible. The Special Rapporteur recalls that when used indefinitely, for long periods, solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, because it may cause severe mental and physical pain or suffering, a point which has been reiterated in paragraph 28 of the General Assembly resolution 68/156.

  4. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of the United States, by holding Mr. Whitmore in solitary confinement for 35 years, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. With regards to the present case, the Special Rapporteur recalls paragraph 6 of General Comment No. 20 of the Human Rights Committee as well as article 7 of the Basic Principles for the Treatment of Prisoners (Adopted by the General Assembly by resolution 45/111 of 14 December 1990).

(e) JUA 10/07/2014 Case No. USA 11/2014 State Reply: 07/01/2015 Allegations of arbitrary, incommunicado detention and possible disappearance of Mr. Sharif Mobley, a U.S. citizen apprehended upon suspicion of involvement in “terrorist activities”.

  1. The Special Rapporteur thanks the Government of the United States of America for its reply, dated 07.01.2015, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that the Government is prevented from providing any information without the written consent of Mr. Mobley.

  3. In light of this, the Rapporteur finds that the Government, in its reply, does not address the concerns and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  4. In the absence of any information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of the United States of America, by failing to prevent, possibly abetting, the arbitrary incommunicado detention and disappearance of Mr. Mobley, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

  5. It has come to the attention of the Special Rapporteur that reportedly Mr. Mobley is secretly detained in a Special Forces army base in Sanaa, and that this army base has recently been taken over by the Houthi movement.

  6. The rapporteur strongly urges the Government of the United States of America to take any action required to ensure Mr. Mobley’s physical and psychological integrity, including evacuation.

(f) UA 31/07/2014 Case No. USA 12/2014 State Reply: None to date Allegations concerning the situation of seven non-Afghan nationals in U.S. military custody at the Bagram Air Base in Afghanistan, who are at risk of being forcibly transferred to the custody of other States where they may be tortured, ill-treated, or summarily executed.

  1. The Special Rapporteur regrets that, as of the drafting this report, the Government of the United States of America has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  2. It has come to the attention of the Special Rapporteur that the U.S. military closed the Bagram Air Base in December 2014 and that no prisoners remain in U.S. military custody there. It has come to the Rapporteur’s attention that of the seven non-Afghan nationals four have been transferred to Afghan custody, where they are now facing greater risk of being forcibly transferred, and one has been unlawfully abandoned in Afghanistan, where he is unprotected and faces the risk of being forcibly transferred.

  3. The Rapporteur strongly condemns the transfer and unlawful abandonment of these individuals, which is a violation of article 3 of the CAT. The Rapporteur calls on the Government of the United States of America to take appropriate measures in order to ascertain that extraditions in violation of article 3 of the CAT do not take place in the future, including the investigation, prosecution and punishment of those responsible for these acts of transfer and unlawful abandonment.

(g) JAL 04/08/2014 Case No. USA 13/2014 State Reply: None to date Allegations concerning the execution of Mr. Clayton Lockett which was carried out at the Oklahoma State Penitentiary in McAlester, on 29 April 2014, and which caused pain and suffering to the condemned.

  1. The Special Rapporteur regrets that the Government of the United States of America has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT).

  2. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79).

  3. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of the United States of America, by executing Mr. Clayton Lockett by the administration of compound chemicals, thereby causing an attenuated and painful execution, has violated Mr. Lockett’s right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
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