A/HRC/28/68/Add.1
64. 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 Bangladesh, by failing to protect the physical and
psychological integrity of members of the political opposition, journalists and human rights
defenders, has violated the right of these individuals to be free from torture or cruel,
inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
Belarus
JUA 08/01/2014 Case No. BLR 1/2014 State Reply: 31/03/2014 Allegations concerning
the case of Mr. Eduard Lykov, aged 53, citizen of the Republic of Belarus, who was
sentenced to death and risks execution.
65. The Special Rapporteur thanks the Government of Belarus for its reply, dated
31.03.2014, to the present communication.
66. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns, legal obligations and questions raised in the initial
communication.
67. He takes note of the information provided by the Government about the legal
procedures followed, including clinical, psychiatric and psychological examinations
conducted, with regards to the sentence to death of Mr. Lykov.
68. 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). In addition, he calls upon retentionist States
to end the practice of executions with little or no prior warning given to condemned
prisoners and their families (para. 80 (c)), a practice often observed in Belarus.
69. The Special Rapporteur concludes that the Government of Belarus, by not taking
steps to prevent the execution of Mr. Lykov, has violated his right to be free from torture
and other cruel, inhuman or degrading treatment or punishment as provided by articles 1
and 16 or the CAT.
Brazil
(a)
JUA 27/02/2014 Case No. BRA 2/2014 State Reply: 28/04/2014 Allegations of ongoing
acts of torture, the killing of prisoners, and the conditions of detention prevailing at
the Pedrinhas Provisional Detention Centre in the state of Maranhão.
70. The Special Rapporteur thanks the Government of Brazil for its reply, dated
28.04.2014, to the present communication.
71. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns, legal obligations and questions raised in the initial
communication.
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