A/HRC/31/57/Add.1 265. The Special Rapporteur regrets that the Government of Iran has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Right Council in its resolution 25/13. 266. 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 in violation of that prohibition, is developing into a norm of customary law, if it has not already done so (para 74). Even if this customary norm is still under way, the Special Rapporteur considers that most conditions under which capital punishment is actually applied renders the punishment tantamount to torture and that under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment (para. 75). 267. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of the Islamic Republic of Iran, by failing to protect the physical and psychological integrity of Mr. Mohammad Ali Zehi, Mr. Milad Azimi and Mr. Shahram Ahmadi, and by seeking the death penalty for offenses that do not reach the threshold of “the most serious crimes” under international law, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided for, inter alia, Articles 2 and 16 of the Convention Against Torture (CAT). 268. The Special Rapporteur emphasizes that the execution of persons who committed their crimes while they were under 18 years of age is per se a violation of an existing norm of customary international law (para 64). 269. 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 A/67/279). He calls upon the Government of the Islamic Republic of Iran 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. Iraq (a) JUA 06/07/2015 Case No. IRQ 2/2015 State Reply: None to date Allegations concerning the arbitrary arrest, incommunicado detention, torture, ill-treatment, enforced disappearance, denial of access to lawyer and adequate medical care, and risk of unfair trial, of Mr. Mohammed Abbas Kadhim al Sudani. 270. The Special Rapporteur regrets that the Government of Iraq 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. 271. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and thus, that the Government, by failing to protect the physical and psychological integrity of Mr. Mohammed al Sudani, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2, 12, 15 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or 47