A/HRC/25/60/Add.2
no State party shall expel, return (“refouler”), or extradite a person to another State where
there are substantial grounds for believing that the person would be in danger of being
subjected to torture. In this regard, in paragraph 9 of General Comment No. 20 on the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment, the
Human Rights Committee states that State parties “must not expose individuals to the
danger of torture or cruel, inhuman or degrading treatment or punishment upon return to
another country by way of extradition, expulsion or refoulement.” Furthermore, paragraph
9 of Resolution A/RES/61/253 of the UN General Assembly, paragraph 16 of the
Resolution A/RES/65/205 of the UN General Assembly, and paragraph 7(d) of Human
Rights Council Resolution 16/23 urge States not to expel, return (refouler), extradite or in
any other way transfer a person to another State where there are substantial grounds for
believing that the person would be in danger of being subjected to torture. Those
resolutions stress the importance of effective legal and procedural safeguards in this regard,
and recognize that diplomatic assurances, where used, do not release States from their
obligations under international human rights, humanitarian and refugee law, in particular
the principle of non-refoulement. The Special Rapporteur calls on the Government to
undertake a prompt and independent investigation of the imminent risk of deportation of
Mr. Anwar to Pakistan.
Palestine (State of)
(a)
UA 20/08/2013 Case No. OTH 7/2013 Reply: None to date Alleged risk of execution in
the Gaza Strip of Mr. Hani Mohammed Abu Aliyan, the case of Mr. Faraj Abed Rabu, and
the execution in June 2013 of Messrs. Emad Mahmoud Abu Ghalyoun and Husein Youssef
Mohammad El Khatib.
117. The Special Rapporteur regrets that the de facto authorities in the Gaza Strip have
not responded to this communication, thereby failing to cooperate with the mandate issued
by the Human Rights Council. The communication referred to the alleged risk of execution
of Mr. Hani Mohammed Abu Aliyan, the case of Mr. Faraj Abed Rabu, and the execution
of Messrs. Emad Mahmoud Abu Ghalyoun and Husein Youssef Mohammad El Khatib in
June 2013. It was reported that Mr. Abu Aliyan was convicted in May 2010 in two separate
cases of homicide and is at particular risk of execution. Reportedly, the first case involved a
charge of unintentional homicide, for which Mr. Abu Aliyan is alleged to have self-reported
at the Khan Younis police station. The second case reportedly involves the rape and killing
of a six-year-old in 2000; it was reported that Mr. Abu Aliyan was a minor at the time of
the alleged offence. Mr. Abu Aliyan was reportedly subjected to torture and ill-treatment
during interrogation, which resulted in a confession to the crimes involved in the second
case. Mr. Faraj Abed Rabu, sentenced to death for charges of collaboration with an enemy
entity, was allegedly forced to sign his confession after having been tortured during the
interrogation process. It was also reported that Mr. Emad Mahmoud Abu Ghalyoun and Mr.
Husein Youssef Mohammad El Khatib were executed on 22 June 2013 following charges
of “collaborating with the enemy”. Both men were allegedly subjected to torture and illtreatment with the aim of forcing a confession. It was reported that at least 35 individuals
are currently at risk of execution in the Gaza Strip and that the de facto authorities in the
Gaza Strip have executed at least 16 individuals since 2009. It is further alleged that death
sentences in the Gaza Strip are frequently imposed by military courts, including the trying
of civilians, the procedures of which do not comply with international human rights
standards of fair trial and due process. The Special Rapporteur expresses concern that the
death penalty is imposed and carried out by the de facto authorities of Gaza in
contravention of international human rights standards. The death penalty is imposed after
proceedings that do not comply with fair trial and due process safeguards and after
subjecting the defendants to torture or ill-treatment. As stated in his report to the General
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