A/HRC/25/60/Add.2 confessed to the offences. The confession, which he subsequently retracted, was allegedly obtained through torture. It is alleged that the conviction against Mr. Guru was based largely on his initial confession. Furthermore, Mr. Guru’s legal representative was appointed by the Government and his performance was inadequate; he failed to conduct a thorough cross-examination of witnesses. The execution allegedly took place in secrecy and his family was informed three days after the execution by mail. Mr. Guru’s wife was allegedly denied return of his body and denied the right to perform religious rites. In this context, the Special Rapporteur reiterates article 15 of the Convention against Torture, which provides that “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” Paragraph 6c of Human Rights Council resolution 8/8 of 2008 contains a similar provision. In addition to being a crucial fair trial guarantee, this principle is also an essential aspect of the non-derogable right to physical and mental integrity set forth, inter alia, in article 7 of the ICCPR. In countries that have not abolished the death penalty, capital punishment may be imposed only following a trial that complied with fair trial and due process safeguards, as provided in articles 6(2) and 14 of the International Covenant on Civil and Political Rights (ICCPR), acceded to by India on 10 April 1979 and article 5 of the United Nations Safeguards Protecting the Rights of those Facing the Death Penalty. The Special Rapporteur calls on the Government to undertake a prompt and independent investigation of Mr. Muhammad Afzal Guru’s alleged confession that was extracted through torture and a death penalty conviction that rested on that confession, resulting in his execution. The Special Rapporteur calls on the Government to prosecute and punish the perpetrators, and to provide full redress to the victim’s family. (c) JUA 05/06/2013 Case No. IND 6/2013 State reply: 29/08/2013 Alleged risk of imminent execution after proceedings that did not comply with a number of international human rights standards. 58. The Special Rapporteur thanks the Government of India for its reply, dated 29 August 2013, to this communication in reference to the arrests, detention, allegations of the use of torture and cruel, inhuman and degrading treatment including solitary confinement, and the sentencing to death of nine individuals, namely Messrs. Devender Pal Sing Bhullar, Meesekar Maidaiah, Gnanprakasham, Simon, Bilavendran, V. Sriharan alias Murugan, T. Suthendraraja alias Santhan, A. G. Perarivalan alias Arivu and Saibanna Ningappa Natikar. Concern is expressed that the judicial proceedings of the aforementioned individuals did not comply with international human rights law standards of fair trial and due process guarantees. It was reported that Mr. Devender Pal Sing Bhullar was arrested in 1995 and charged with an attempt to assassinate a Punjab Police Officer and the then President of the Indian Youth Congress. On 25 August 2001 Mr. Bhullar was tried and sentenced to death by a special court designated to hear his case under the Terrorist and Disruptive Activities (Prevention) Act (TADA). Reportedly, during Mr. Bhullar’s detention from 19 to 23 January 1995, the Police of the Special Cell, Lodhi Colony, New Delhi, tortured and forced Mr. Bhullar to sign a confession, which Mr. Bhullar later retracted. It was alleged that Mr. Bhullar’s prolonged stay on death row in solitary confinement had seriously affected his health, and that he could be executed at any moment. With regard to Messrs. Meesekar Madaiah, Gnanprakasham, Simon, and Bilavendran, it was reported that all four were being held in Hindalga Prison, Belgaum, Karnataka state, India, after being sentenced to death by the Supreme Court of India in 2004 for their alleged role in the Veerappan’s militant formation. Reportedly, all four individuals have been suffering from serious mental and psychological illness due to the prolonged stay on death row in solitary confinement since 2004. With regard to V. Sriharan alias Murugan, T. Suthendraraja alias Santhan, and A. G. Perarivalan alias Arivu, it was reported that these three individuals were arrested along with 23 individuals in July 1991 in connection with the assassination of former Prime Minister 40