A/HRC/28/68/Add.1 253. 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). 254. The Special Rapporteur has not been able to confirm whether the execution of Ms. Jabbari has taken place. However, he finds that in the event that the Government of the Islamic Republic of Iran fails to stop the execution of Ms. Jabbari, it is clearly violating her right to be free form torture or cruel, inhuman or degrading treatment as provided by articles 1 and 16 of the CAT. The Rapporteur strongly urges the Government of the Islamic Republic of Iran to refrain from executing Ms. Jabbari, as well as to refrain from, and abolish, the practice of executions. (m) JUA 14/10/2014 Case No. IRN 23/2014 State Reply: None to date Allegations concerning the situation of Mr. Saman Naseem, a juvenile offender, who is reportedly at risk of imminent execution in the Islamic Republic of Iran. 255. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran 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). 256. Mr. Saman Naseem was arrested on 17 July 2011 for allegedly participating in an armed confrontation between his political party, Party for Free Life of Kurdistan (PJACK), and the Revolutionary Guards. Mr. Naseem was under 18 at the time of his arrest and thus a minor. Mr. Naseem alleges that he was forced to sign a false confession and was reportedly denied legal representation and subjected to torture. Mr. Naseem was sentenced to death for “enmity against God” and is currently awaiting execution. 257. The Special Rapporteur expresses grave concern over the fact that a minor was sentenced to death, an action that is in direct contradiction to international human rights law. The Rapporteur also expresses concern for the lack of due process in Mr. Naseem’s trial and sentencing. 258. 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). 259. It has come to the attention of the The Special Rapporteur that, as of the drafting of this report, the execution of Mr. Naseem has not taken place. The Rapporteur strongly urges 44