A/HRC/25/60/Add.2 imposition and enforcement of the death penalty following an unfair trial must be considered as particularly cruel, inhuman and degrading and in violation of article 7 of the ICCPR and articles 1 and 16 of the Convention Against Torture (CAT) (paras. 58, 60 and 61). In addition, taking a prisoner to the gallows three times before issuing a postponement of execution qualifies as cruel, inhuman and degrading treatment or punishment. The Special Rapporteur reminds the Government that Sudan is a signatory of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which it signed on 4 June 1986. The Special Rapporteur calls on the Government to clarify the resentencing of Mr. Bakri Moussa Mohammed, and explain how it is compatible with the Convention Against Torture. (b) JUA 16/04/2013 Case No. SDN 4/2013 State Reply: 22/08/2013 Alleged torture and incommunicado detention of Mr. Hatim Ali Mohammed, as well as the incommunicado detention of Mr. Sharf Eldein Tia. 139. The Special Rapporteur thanks the government of Sudan for its reply, dated 22 August 2013, to this communication in reference to the reported torture and detention of Mr. Hatim Ali Mohammed and the incommunicado detention of Mr. Sharf Eldein Tia. The communication referred to the alleged torture of Mr. Hatim Ali Mohammed, his incommunicado detention and subsequent risk of further torture and ill-treatment as well as the incommunicado detention of Mr. Sharf Eldein Tia. Mr. Sharf Eldein Tia is the nephew of Ms. Jalila Khamis Koko, a Nuba women’s rights activist who was detained for 10 months before she was released last January 2013. Ms. Khamis Koko had been the subject of a joint urgent appeal sent on 12 October 2012 by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the situation of human rights defenders, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the promotion and protection of human rights while countering terrorism and the Special Rapporteur on violence against women, its causes and consequences. No response was received from the government of Sudan to that communication. According to the information received, Mr. Hatim Ali Mohammed was arrested during a peaceful protest, detained for several hours, tortured by beating, and then subsequently held in incommunicado detention. The same risk applies to Mr. Sharf Eldein Tia, who is also held incommunicado. As highlighted in communications sent to the Government on 6 July 2012 and 3 August 2012, it is reported that over the months of June to August of 2012, hundreds of peaceful protesters and civil society activists were arrested in response to a wave of demonstrations that affected many of Sudan’s largest cities. The police allegedly tortured and otherwise ill-treated the detainees by kicking them; beating them with sticks, rubber hoses and fists; making them stand in scorching heat for days at a time; depriving them of food, water and sleep; and forcing them to adopt stress positions. In this context, the Special Rapporteur would like to remind the government of Sudan with regard to the alleged torture of Mr. Hatim Ali Mohammed, paragraph 1 of Human Rights Council Resolution 16/23 “condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” In this regard, we note that paragraph 2 of Resolution 16/23 of the Human Rights Council, which “Condemns in particular any action or attempt by States or public officials to legalize, authorize or acquiesce to torture and other cruel, inhuman or degrading treatment or punishment under any circumstances, including on grounds of national security or through judicial decisions, and urges States to ensure accountability for all such acts.” In addition, paragraph 8b of Human Rights Council Resolution 16/23 states that “Prolonged incommunicado detention or detention in secret places can facilitate the 101