A/HRC/28/68/Add.1 621. In light of this, the Rapporteur finds that the Government, in its reply, does not address the concerns and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 622. In the absence of any information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of the United States of America, by failing to prevent, possibly abetting, the arbitrary incommunicado detention and disappearance of Mr. Mobley, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. 623. It has come to the attention of the Special Rapporteur that reportedly Mr. Mobley is secretly detained in a Special Forces army base in Sanaa, and that this army base has recently been taken over by the Houthi movement. 624. The rapporteur strongly urges the Government of the United States of America to take any action required to ensure Mr. Mobley’s physical and psychological integrity, including evacuation. (f) UA 31/07/2014 Case No. USA 12/2014 State Reply: None to date Allegations concerning the situation of seven non-Afghan nationals in U.S. military custody at the Bagram Air Base in Afghanistan, who are at risk of being forcibly transferred to the custody of other States where they may be tortured, ill-treated, or summarily executed. 625. The Special Rapporteur regrets that, as of the drafting this report, the Government of the United States of America has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 626. It has come to the attention of the Special Rapporteur that the U.S. military closed the Bagram Air Base in December 2014 and that no prisoners remain in U.S. military custody there. It has come to the Rapporteur’s attention that of the seven non-Afghan nationals four have been transferred to Afghan custody, where they are now facing greater risk of being forcibly transferred, and one has been unlawfully abandoned in Afghanistan, where he is unprotected and faces the risk of being forcibly transferred. 627. The Rapporteur strongly condemns the transfer and unlawful abandonment of these individuals, which is a violation of article 3 of the CAT. The Rapporteur calls on the Government of the United States of America to take appropriate measures in order to ascertain that extraditions in violation of article 3 of the CAT do not take place in the future, including the investigation, prosecution and punishment of those responsible for these acts of transfer and unlawful abandonment. (g) JAL 04/08/2014 Case No. USA 13/2014 State Reply: None to date Allegations concerning the execution of Mr. Clayton Lockett which was carried out at the Oklahoma State Penitentiary in McAlester, on 29 April 2014, and which caused pain and suffering to the condemned. 628. The Special Rapporteur regrets that the Government of the United States of America has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts 102