A/hrc/28/68/Add. 1 Advance Version

35. 
    The Special Rapporteur thanks the Government of Bahrain for its reply, dated 11.02.2014, to the present communication.
    
36. 
    The Rapporteur takes note of the information provided by the Government that Mr. Fardan was released on 9 January and that the case, on the date of the dispatch of the reply, was still under investigation.
    
37. 
    Nonetheless, 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).
    
38. 
    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 Bahrain, by failing to protect the physical and psychological integrity of Mr. Fardan and prevent his prolonged incommunicado detention, 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.
    

39. 
    The Special Rapporteur thanks the Government of Bahrain for its reply, dated 17.02.2014, to the present communication.
    
40. 
    The Rapporteur takes note of the information provided by the Government that, on the date of the dispatch of the reply, Mr. A and Messrs. Ahmed Mohammed Saleh Al Arab, Mansoor Ali Mansoor Al Jamri, and Hussain Al Ghasra were still in detention, and that their cases were still under investigation.
    
41. 
    He regrets that, up until this date, the Government has not provided any update on the cases. The Rapporteur moreover expresses grave concern at the fact that the Governement holds no information about Aqeel Abdul Rasool Mohammed Ahmed, and that it has failed, in its reply, to provide any information on investigations or other inquiries which may have been carried out in order to obtain information of the fate and whereabouts of Aqeel Abdul Rasool Mohammed Ahmed.
    
42. 
    Overall, 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).
    
43. 
    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 Bahrain, by failing to protect the physical and psychological integrity of Messrs. Aqeel Abdul Rasool Mohamed Ahmed, A, Ahmed Mohammed Saleh Al Arab, Mansoor Ali Mansoor Al Jamri, and Hussain Al Ghasra, and to exclude evidence obtained under torture or ill-treatment, has acted in discordance with article 15 of the CAT and violated the right of the persons named above to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
    

44. 
    The Special Rapporteur thanks the Government of Bahrain for its reply, dated 27.05.2014, to the present communication.
    
45. 
    The Rapporteur takes note of the information provided by the Government that an investigation has been conducted, by the public prosecution service, into the facts of the crime in which Mr. A has been accused, however, he regrets, that the investigation seems to be based on a erroneous foundation, including evidence obtained under torture or ill-treatment.
    
46. 
    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).
    
47. 
    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 Bahrain, by failing to protect the physical and psychological integrity of Mr. A, provide adequate medical treatment, and exclude evidence obtained under torture or ill-treatment, has acted in discordance with article 15 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.
    

48. 
    The Special Rapporteur thanks the Government of Bahrain for its reply, dated 14.05.2014, to the present communication.
    
49. 
    The Rapporteur takes note of the information provided by the Government that the victim, under his questioning, underwent physical examination by the Department of Public Prosecutions and was found to have injuries stemming from his contact with the police.
    
50. 
    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).
    
51. 
    In the absence of sufficient 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 Bahrain, by failing to protect the physical and psychological integrity of Mr. al-Arab, provide adequate medical treatment, and exclude evidence obtained under torture or ill-treatment, has failed to act in accordance with article 15 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.
    

52. 
    The Special Rapporteur thanks the Government of Bahrain for its reply, dated 29 August 2014, to the present communication.
    
53. 
    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).
    
54. 
    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).
    
55. 
    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 Bahrain, by arbitrarily arresting Mr. Maher al-Khabbaz, torturing him, forcing him to confess to a crime, and sentencing him to death on the basis of such a flawed process, 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.
    
56. 
    It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the execution of Mr. al-Khabbaz has not taken place. The Rapporteur strongly urges the Government of Bahrain to refrain from executing him, as well as to refrain from and abolish the practice of executions.
    

57. 
    The Special Rapporteur thanks the Government of Bahrain for its replies, dated 15 September 2014 and 26 September 2014, to the present communication.
    
58. 
    He regrets that, as of the drafting of this report, no official translation is available to the Government’s replies of 15 September 2014 and 26 September 2014.
    
59. 
    The Rapporteur will make his views on the case known later on, after being able to read an English version of the reply.
    

60. 
    The Special Rapporteur thanks the Government of Bahrain for its replies, dated 26 September 2014 and 21 October 2014, to the present communication.
    
61. 
    He regrets that, as of the drafting of this report, no official translation is available to the Government’s replies of 26 September 2014 and 21 October 2014.
    
62. 
    The Rapporteur will make his views on the case known later on, after being able to read an English version of the reply.
    

JUA 27/12/2013 Case No. BGD 15/2013 State Reply: None to date Allegations concerning the violent suppression of public opinion and torture of members of the political opposition, journalists and human rights defenders since the announcement of the general election on 25 November 2013, as well as in the arbitrary execution of at least 150 individuals.

63. 
    The Special Rapporteur regrets that the Government of Bangladesh 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).
    
64. 
    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 Bangladesh, by failing to protect the physical and psychological integrity of members of the political opposition, journalists and human rights defenders, has violated the right of these individuals to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
    

JUA 08/01/2014 Case No. BLR 1/2014 State Reply: 31/03/2014 Allegations concerning the case of Mr. Eduard Lykov, aged 53, citizen of the Republic of Belarus, who was sentenced to death and risks execution.

65. 
    The Special Rapporteur thanks the Government of Belarus for its reply, dated 31.03.2014, to the present communication.
    
66. 
    The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication.
    
67. 
    He takes note of the information provided by the Government about the legal procedures followed, including clinical, psychiatric and psychological examinations conducted, with regards to the sentence to death of Mr. Lykov.
    
68. 
    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). In addition, he calls upon retentionist States to end the practice of executions with little or no prior warning given to condemned prisoners and their families (para. 80 (c)), a practice often observed in Belarus.
    
69. 
    The Special Rapporteur concludes that the Government of Belarus, by not taking steps to prevent the execution of Mr. Lykov, has violated his right to be free from torture and other cruel, inhuman or degrading treatment or punishment as provided by articles 1 and 16 or the CAT.
    

(a) JUA 27/02/2014 Case No. BRA 2/2014 State Reply: 28/04/2014 Allegations of ongoing acts of torture, the killing of prisoners, and the conditions of detention prevailing at the Pedrinhas Provisional Detention Centre in the state of Maranhão.

70. 
    The Special Rapporteur thanks the Government of Brazil for its reply, dated 28.04.2014, to the present communication.
    
71. 
    The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication.
    
72. 
    He welcomes the efforts by the Government to diminish deficiencies in the penal system, improve prison infrastructure, ensure access to justice and train staff throughout the justice system at both federal and national level. The Rapporteur takes note of the steps taken to investigate the cases of Messrs. Josivaldo Pinheiro Lindoso and Sildener Pinheiro Martins; however, he regrets that, on the date of the dispatch of the reply, investigations into the case of the latter were still ongoing. He welcomes the measures taken to compensate the families of the victims of the arson attack.
    
73. 
    The Rapporteur also takes note of the fact that investigations have been conducted into the allegations of sexual abuse of female partners of prisoner; however, he regrets that those investigations, on the date of the dispatch of the reply, have not been able to document any incidents.
    
74. 
    Notwithstanding, the Rapporteur concludes that the Government of Brazil, by failing to ensure the physical and psychological integrity of the prisoners in question, their female partners, and other victims in question, including a 6-year-old girl, 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.
    

75. 
    The Special Rapporteur thanks the Government of Brazil for its replies, dated 19 September 2014 and 11 November 2014, respectively, to the present communication.
    
76. 
    The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication.
    
77. 
    He takes note of the information provided by the Government that expands on the condition and occupants of each detention center by location. He welcomes the Government’s progress towards combatting overcrowding in facilities and its realization that health services provided to inmates needs to be expanded.
    
78. 
    Notwithstanding, the Rapporteur concludes that the Government of Brazil, by maintaining deplorable conditions in detention centers, such as in access to lawyers, healthcare, and overcrowding, violates the right of men, women and juveniles in holding cells of police stations in the State of Mato Grosso do Sul, to be free from cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
    
79. 
    The Special Rapporteur acknowledges the efforts of the Government of Brazil to comply with its international obligations under the CAT and welcomes further communication of those efforts.
    

80. 
    The Special Rapporteur thanks the Government of Brazil for its reply, dated 10 December 2014, to the present communication.
    
81. 
    The Rapporteur acknowledges the comprehensive account of the Government in the response to the concerns, legal obligations and questions raised in the initial communication.
    
82. 
    He takes note of the information provided by the Government that the investigations of the alleged threats and attacks against Ms. A and her family are still ongoing.
    
83. 
    Notwithstanding, there is an absence of sufficient information regarding the involvement of the police and the obligation of the State to ensure that the police respect the rights of Ms. A.
    
84. 
    In accordance with the CAT, every state has the responsibility to conduct prompt investigations into allegations of torture or cruel, inhuman or degrading treatment. Given that there has been no updated information since the Government's reply the Rapporteur is unable to conclude whether the State has lived up to its obligation to ensure that police respect Ms. A’s rights, and to provide full redress to her for the ill treatment alleged. The Rapporteur expects to be kept fully informed of the outcome of the ongoing proceedings
    

JOL 25/09/2014 Case No. BRN 1/2014 State Reply: 13/11/2014 Allegations concerning an Order relating to laws in respect of sharia crimes and any matter connected therewith, which is cited as the Syariah [sharia] Penal Code Order, 2013 (SPC).

85. 
    The Special Rapporteur takes note of the information provided by the Government that more information would be provided to the Rapporteur as soon as possible.
    
86. 
    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). The last communication from the Government was on 13 November 2014, and the information requested has still not been provided to the Special Rapporteur.
    
87. 
    In the absence of sufficient 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 Brunei Darussalam, by intending to enact an order that allows for mandatory death penalty for offenses that do not reach the threshold of ‘serious crime,’ the use of corporal punishment, discrimination against women, and the restriction of freedom of religion and expression, violates the right of persons to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
    

JUA 28/02/2014 Case No. KHM 2/2014 State Reply: None to date Allegations of indiscriminate and excessive use of force against protestors, including peaceful ones, leading to the death of at least four people and several injured, as well as the arbitrary arrests, and incommunicado detention of 23 individuals in early January 2014.

88. 
    The Special Rapporteur regrets that the Government of Cambodia 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).
    
89. 
    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 Cambodja, by failing to protect the physical and psychological integrity of the protesters and ensure adequate detention conditions, including refraining from incommunicado detention, has violated the right of these individuals to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.