A/HRC/25/60/Add.2 77. The Special Rapporteur regrets that the Government of Iraq has 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 imminent execution of Mr. Ahmad ‘Amr ‘Abd al-Qadir Muhammad, a Palestinian born in the Republic of Iraq who was sentenced to death in 2011 under the Anti-Terror Law No. 3005. Mr. Muhammad was the subject of a prior joint communication dated October 11, 2012, and the Special Rapporteur thanked the Government for its reply to it, which provided information on a temporary stay of execution. Serious concern was however expressed over new allegations that Mr. Muhammad was reportedly being held at the Maximum Security Prison (alHimaya al-Quswa) at Camp Justice, Baghdad, where executions are carried out. It was also alleged that Mr. Muhammad was held incommunicado, tortured, and coerced to confess during his detention. The Court of Cassation reportedly rejected the defendant’s appeal in November 2013, although he never appeared before the court in person, and the Court did not address his torture and coerced confession allegations. Given the irreversibility of the punishment of the death penalty, the Special Rapporteur expressed grave concern regarding the aforementioned individuals, especially in light of allegations that torture was used to obtain false confessions and statements. In this context, the Special Rapporteur reminds the Government of Article 15 of the CAT, which provides that, “[e]ach 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 calls on the Government of Iraq to undertake a prompt, impartial, and effective investigation of the alleged acts of torture, leading to prosecution and punishment of the perpetrators. Moreover, the Special Rapporteur urges the Government to set aside any conviction based on evidence obtained under torture, and ensure that Mr. Muhammad obtains redress, including fair and adequate compensation, and as full rehabilitation as possible. (e) UA 28/11/2013 Case No. IRQ 5/2013 State reply: None to date Alleged imminent risk of execution after conviction based on confession extracted under torture during incommunicado detention. 78. The Special Rapporteur regrets that the Government of Iraq has 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 imminent execution of Ahmad Nuri Badawi 'Abbas who was on death row at the Maximum Security Prison (alHimaya al-Quswa) at Camp Justice in Baghdad. It is reported that Mr. ‘Abbas was convicted in 2010 under the Anti-Terrorism Law (Law 13 of 2005) for the alleged murder of security officers in a February 2009 attack on a checkpoint in Baghdad, and that the conviction was upheld by the Court of Cassation in July 2011. The Special Rapporteur expressed concern about reports that the proceedings against Mr. ‘Abbas were conducted in violation of international law fair trial and due process standards. In particular, Mr. ‘Abbas has alleged he was held incommunicado in a facility of the Counter-Terrorism Union in the Green Zone in 2009, and that he was subjected to torture, including beatings and electroshock, and forced to confess during this time. Although Mr. ‘Abbass reportedly later retracted his confession, affirming that it was obtained under torture, it was claimed that the Court of Cassation accepted the confession, and that the defendant’s two applications for retrial were denied. In this context, the Special Rapporteur reminds the Government of Article 15 of the CAT, which provides that, “[e]ach 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,” and to paragraph 7c of Human Rights Council Resolution 16/23 urges States “[t]o 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 56