A/HRC/25/60/Add.2 Saudi Arabia (a) JUA 11/01/2013 Case No. SAU 2/2013 State Reply: 19/01/2013 Alleged execution of Rizana Nafeek, a 17 year old Sri Lankan domestic worker, who was charged with murder for killing a baby in her care in 2005. 128. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated 19 January 2013, to this communication in reference to the alleged execution of Rizana Nafeek, who allegedly committed murder when she was 17 years old. She was convicted and sentenced to capital punishment. During the trial, it is reported that she did not have access to a translator to enable her to explain the circumstances that led to the child’s death, and signed a confession under duress. In its reply, the Government of Saudi Arabia explained the legal protections guaranteed to Ms. Nafeek, but did not address whether she received translations or signed a confession under duress. The reply also contained facts surrounding the murder and used her passport as confirmation that she was 21 years old when she committed the crime. Although the Special Rapporteur appreciates the reply, he reminds the Government of Saudi Arabia that article 15 of the Convention against Torture, which Saudi Arabia acceded on 23 September 1997, 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.” The Special Rapporteur also reiterates that paragraph 7c of Human Rights Council Resolution 16/23 urges States “To ensure that no statement established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, and calls upon States to consider extending that prohibition to statements made as a result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate corroboration of statements, including confessions, used as evidence in any proceedings constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur urges that all rights to a fair trial are granted to the accused, and torture is not used as a means of obtaining incriminating evidence in trial. The Special Rapporteur finds that the passport of an immigrant is not persuasive on the evidence of having reached adulthood and the judicial authorities had a duty to establish Ms. Nafeek’s age beyond a reasonable doubt, in order to comply with Art. 6 of the Convention on the Rights of the Child and with the prohibition of applying the death penalty to minors, a rule of customary international law. Under the circumstances, the Special Rapporteur finds that Saudi Arabia has violated the right to life and physical integrity to Ms. Rizana Nafeek. (b) JUA 04/03/2013 Case No. SAU 3/2013 State Reply: 30/04/2013 Alleged imminent risk of execution of seven individuals who were forced to confess to their crimes through torture. 129. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated 30 April 2013, to this communication in reference to the alleged death sentence being applied against Messrs. Sarhan b Ahmad b Abdullah Al Mashaikh, Saeed b Hassan b. Ahmad Al Omari Al Zahrani, Ali b. Mohamed b. Hazzam Al Shahri, Nasser b Saeed b Saad Al Qahtani, Saeed b. Nasser b Mohamed Al Yaala Al Shahrani, Abdulaziz b Saleh b Mohamed Al Amri, and Ali b Hadi b Saeed Al Qahtan for an unsubstantiated claim that they conspired to organize a criminal group to commit armed robbery and raiding jewelry stores. It is reported that the seven individuals did not know each other before being arrested so it was not possible for them to have conspired. Allegedly, the seven individuals were tortured under various methods. They were reportedly forced to stand for long hours in pre-trial detention and told that if they did not confess to the crime their families would be harmed. They were denied sleep and warm clothing in their cell and allegedly given 94