A/HRC/28/68/Add.1
of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter
alia, in the Convention against Torture (CAT).
629. As observed by the Special Rapporteur in his 2012-report to the General Assembly
(A/67/279), there is evidence of an evolving standard within international bodies and a
robust State practice to frame the debate about the legality of the death penalty within the
context of the fundamental concepts of human dignity and the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment. This evolving standard, along
with the resulting illegality of the death penalty under such prohibition, is developing into a
norm of customary law, if it has not already done so (para. 74). The Special Rapporteur
calls upon all States to reconsider whether the use of the death penalty per se respects the
inherent dignity of the human person, causes severe mental and physical pain or suffering
and constitutes a violation of the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment (para. 79).
630. In the absence of 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 executing Mr. Clayton
Lockett by the administration of compound chemicals, thereby causing an attenuated and
painful execution, has violated Mr. Lockett’s right to be free from torture or cruel, inhuman
or degrading treatment, as provided by articles 1 and 16 of the CAT.
Uzbekistan
JUA 16/04/2014 Case No. UZB 1/2014 State Reply: None to date Allegations of torture
while in detention of Mr. Fakhriddin Tillaev, and his sentencing to eight years and
three months of imprisonment.
631. The Special Rapporteur regrets that the Government of the Uzbekistan 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).
632. As mentioned in the joint urgent appeal, Mr. Tillaev was subjected to torture under
interrogation, consisting of blows to his ear that caused extensive bleeding, being forced to
stand under a dripping shower for hours, and having needles inserted between fingers and
toes. His request for a forensic medical investigation was ignored.
633. In the absence of 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 Uzbekistan, by failing to protect the physical and
psychological integrity during the detention of Mr. Tillaev, 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.
Venezuela (Bolivarian Republic of)
(a)
JUA 03/03/2014 Case No. VEN 1/2014 State Replies: 03/04/2014 and 28/04/2014
(including 28/04/2014, 28/04/2014, and 28/04/2014) Alegaciones de violaciones graves de
los derechos humanos, en particular los derechos a la vida, a no ser sometido a
tortura, a no ser arbitrariamente detenido, a reunirse pacíficamente, a expresarse y
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