A/HRC/28/68/Add.1 thus, that the Government of Bahrain, by failing to protect the physical and psychological integrity of Mr. A, provide adequate medical treatment, and exclude evidence obtained under torture or ill-treatment, has acted in discordance with article 15 of the CAT and violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. (d) JUA 15/04/2014 Case No. BHR 4/2014 State Reply: 14/05/2014 Allegations of torture and other illtreatment of Mr. Ahmed al-Arab, a 22-year old nurse student and political activist, and the alleged use of confessions extracted under duress during court proceedings. 48. The Special Rapporteur thanks the Government of Bahrain for its reply, dated 14.05.2014, to the present communication. 49. The Rapporteur takes note of the information provided by the Government that the victim, under his questioning, underwent physical examination by the Department of Public Prosecutions and was found to have injuries stemming from his contact with the police. 50. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, 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). 51. In the absence of sufficient 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 Bahrain, by failing to protect the physical and psychological integrity of Mr. al-Arab, provide adequate medical treatment, and exclude evidence obtained under torture or ill-treatment, has failed to act in accordance with article 15 of the CAT and violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. (e) JUA 08/07/2014 Case No. BHR 8/2014 State Reply: 29/08/2014 Allegations concerning the sentencing of Mr. Maher al-Khabbaz to death, allegedly on the basis of false confession extracted by means of torture. 52. The Special Rapporteur thanks the Government of Bahrain for its reply, dated 29 August 2014, to the present communication. 53. The Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, 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). 54. 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 12

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