A/HRC/31/57/Add.1 147. Furthermore, with regards to the allegations of imposition of the death penalty, 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 if imposed or executed under circumstances that violate 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). 148. 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 Federal Democratic Republic of Ethiopia, by subjecting Mr. Tsege to torture, ill-treatment, prolonged solitary confinement and incommunicado detention, by denying him access to adequate medical care and legal process, and by sentencing him to death without due process for a non-violent crime, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as codified in the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), which Ethiopia acceded on 14 March 1994. The Special Rapporteur also welcomes the opinion adopted by the UN Working Group on Arbitrary detention, dated 8 May 2015 (reference No. 2/2015) wherein the detention of Mr. Tsege is considered arbitrary. 149. The Special Rapporteur strongly urges the State of Ethiopia to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. He further urges the State to take all necessary interim measures to ensure the full protection of Mr. Tsege against any violation of his human rights, including the commutation of his death penalty. (b) JUA 26/02/2015 Case No. ETH 2/2015 State Reply: None to date Allegations concerning the detention and criminalization under the Government’s 2009 Anti-Terrorism Proclamation of six members of Zone Nine bloggers and three journalists. 150. The Special Rapporteur regrets that the Federal Democratic Republic of Ethiopia 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. 151. In particular the letter expressed grave concerns over allegations of arrests on 25 and 26 April 2014 and detention of bloggers and journalists engaged in political activism for allegedly violating the 2009 Anti-Terrorism Proclamation, namely Messrs. Befeqadu Hailu, Atenaf Berahane, Zelalem Kibret, Natnael Feleke, Abel Wabela, Ms. Mahlet Fantahun, members of Zone Nine Bloggers and Mr. Tesfalem Waldyes, Mr. Asmamaw Giorigis and Ms. Edom Kasaye, independent freelance bloggers, as well as their ill-treatment and possibly torture during detention. 152. In the absence of information to the contrary, the Rapporteur concludes that there is substance to the allegations presented in the initial communication available via the link above and thus, that the Federal Democratic Republic of Ethiopia by submitting Mr. Hailu, Mr. Berahane, Mr. Kibret, Mr. Feleke, Mr. Wabela, Ms. Fantahun, Mr. Waldyes, Mr. Giorigis and Ms. Kasaye to ill-treatment and possibly torture in violation of Article 1 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) which Ethiopia acceded to on 14 March 1994. 29