A/HRC/31/57/Add.1
Punishment (CAT), as well as the prohibition of using evidence obtained under torture or
ill-treatment, in accordance with article 15 of the CAT. With regard to sentences imposing
the death penalty, the report of the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment (A/67/279) calls upon retentionist States to
rigorously observe the restrictions and conditions imposed by articles 1 and 16 of the CAT.
(g)
JUA 30/11/2015 Case No. SAU 10/2015 State Reply: None to date Allegations
concerning the death sentence issued against the artist and poet Mr. Ashraf Fayadh
on 17 November after an allegedly unfair trial, on allegations of having committed
apostasy, promoting atheism and having “illicit relationships” with women
485. 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.
486. 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).
487. Furthermore, as stated in his 2012-report (A/67/279), the Special Rapporteur calls
upon Saudi Arabia 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 calls upon retentionist States inter alia to ensure that the
method of execution employed causes the least possible physical and mental suffering and
that it does not violate the prohibition of torture and cruel, inhuman or degrading treatment
(para. 80 (b)), and to end the practice of executions with little or no prior warning given to
condemned prisoners and their families (para. 80 (c)).
488. 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 that the Government of Saudi Arabia, in sentencing to death Mr. Ashraf Fayadh
for offenses that do not reach the threshold of “the most serious crimes” and after an
allegedly unfair trial, 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.
489. The Special Rapporteur calls upon all States to reconsider whether the use of the
death penalty respects the inherent dignity of the human person by means of execution and
conditions in death row that cause 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).The rapporteur strongly urges the Government of Saudi
Arabia to refrain from carrying out death sentences and abolish the practice of executions.
Singapore
(a)
JUA 07/07/2015 Case No. SGP 1/2015 State Reply: 23/12/2015 Allegations concerning
Mr. Roy Ngerng Yi Ling, a prominent human rights blogger, who was convicted of
civil defamation in relation to blog posts critical of the Prime Minister; and that
16-year-old blogger Mr. X was detained, convicted of criminal offences
concerning images and a video he posted on the Internet, and was subjected to
solitary confinement and other harsh detention conditions amounting to torture.
83
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