A/HRC/28/68/Add.1 right to be free from torture and other cruel, inhuman or degrading treatment or punishment as provided for in customary international law as codified in articles 1 and 16 or the CAT. Saudi Arabia (a) JUA 03/02/2014 Case No. SAU 1/2014 State Reply: None to date Allegations of arrest and detention of Mr. Fawzan Mohsen Awad Al Harbi, for his public advocacy as the Deputy President of the Saudi Civil and Political Rights Association (ACPRA), and of harsh conditions of his imprisonment. 458. The Special Rapporteur regrets that the Government of Saudi Arabia 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). 459. In the absence of information to the contrary, the Rapporteur finds that Mr. Al-Harbi is held in prison conditions that amount to cruel, inhuman or degrading treatment or punishment as a result of overcrowding and denial of minimal health and safety services. The Government of Saudi Arabia, by failing to protect Mr. Awad Al Harbi against intimidation as a consequence of his work to combat torture, and ensure adequate conditions of detention, has acted in violation of article 13 and denied him his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. (b) JUA 02/04/2014 Case No. SAU 4/2014 State Reply: None to date Allegations concerning the case of Ms. Satinah Binti Jumadi Ahmad, who is reportedly at risk of imminent execution in Saudi Arabia. 460. The Special Rapporteur regrets that the Government of Saudi Arabia 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). 461. 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). 462. In this case, the death penalty was imposed on Ms. Jumadi Ahmad without appropriate consideration of her plea of self-defense or the mitigating circumstance of past abuse and humiliation in the hands of her employer. 463. It has come to the attention of the Special Rapporteur that the execution of Ms. Jumadi Ahmad has been called off. The Rapporteur welcomes the decision of the 78