A/HRC/31/57/Add.1 (e) JUA 24/07/2015 Case No. PAK 5/2015 State Reply: None to Date Allegations concerning the situation of Mr. Abdul Basit, a Pakistani national with a disability, who is reportedly at risk of imminent execution in Pakistan. 402. The Special Rapporteur regrets that the Government of the Pakistan 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. 403. 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 when 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). 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). 404. The Special Rapporteur recalls that the execution of persons who are mentally disabled is per se a violation of an existing norm of customary international law (para. 64). 405. 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). 406. The Rapporteur strongly condemns the sentence of death imposed on Mr. Abdul Basit and concludes that the Government of Pakistan, in sentencing Mr. Basit, a person suffering from a disability, to death, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the Convention Against Torture and article 7 of the International Covenant on Civil and Political Rights. 407. The Rapporteur strongly urges the State to take all necessary interim measures to ensure the full protection of Mr. Basit against any violation of his human rights, including the commutation of his death penalty. The rapporteur strongly urges the Government of Pakistan to refrain from carrying out death sentences and abolish the practice of executions. (f) JUA 28/07/2015 Case No. PAK 6/2015 State Reply: None to Date Allegations concerning the situation of Mr. Khizar Hayat, a Pakistani national with a severe psychosocial disability, who is reportedly at risk of imminent execution in Pakistan, and has spent over 12 years on death row without proper treatment, which has led to a worsening of his condition and made him a target for abuse and attacks by fellow inmates. 408. The Special Rapporteur regrets that the Government of the Pakistan 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. 409. 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 when 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). Even if this customary norm is still under way, the Special Rapporteur considers that most conditions under which capital punishment is 70