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
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