A/HRC/31/57/Add.1
degrading treatment or punishment (para. 79). The Special Rapporteur also reiterates to the
Government of the United States that imposing and executing the death penalty on a person
with mental disabilities, as is the case with Mr. Goodwin, is a per se violation of an existing
norm of customary international law (para. 64).
630. The Rapporteur strongly condemns the execution of Mr. Goodwin and concludes that
the Government of the United States, in executing Mr. Goodwin, a person suffering from
intellectual disability, has violated his right to be free from torture or cruel, inhuman or
degrading treatment or punishment, as provided by articles 1 and 16 of the Convention
Against Torture and article 7 of the International Covenant on Civil and Political Rights.
The Rapporteur calls on the Government of the United States to take appropriate measures
in order to ascertain that the practice of executions be abolished in the future, in particular
in relation to pregnant women, recent mothers, juveniles and people suffering from mental
disabilities.
(d)
JAL 15/01/2015 Case No. USA 1/2015 State Reply: 18/06/2015 Allegation concerning
the role of health professionals from the Central Intelligence Agency’s (CIA)
enhanced interrogation program between 2001 and 2009, and the subsequent lack of
investigation into these allegations.
631. The Special Rapporteur thanks the Government of the United States of America for
its reply, dated 18 June 2015, to the present communication.
632. The Rapporteur welcomes the information provided by the Government regarding
Executive Order 13491 issued by President Obama, which formally ended the CIA’s
detention and interrogation program. He takes note of the declassification of the Executive
Summary, Findings, and Conclusions of the Report of the Senate Select Committee on
Intelligence on the CIA Detention and Interrogation Program, and that the harsh
interrogation techniques highlighted in the Report are not representative of how the United
States deals with the threat of terrorism today. The Rapporteur also takes note of the
information provided by the Government that investigations into the treatment of detainees
were conducted, two criminal investigations were generated, but that the Department of
Justice declined to prosecute because the admissible evidence would not be sufficient to
obtain and sustain convictions beyond a reasonable doubt.
633. In spite of the information supplied by the Government, its reply fails to inform the
Rapporteur about whether the two individuals for which criminal investigations were
generated were health professionals. Moreover, it fails to provide details about further
investigative and prosecutorial steps the United States plans to undertake with regard to the
CIA interrogation and detention program.
634. The Rapporteur would like to draw the Government’s attention to the absolute and
non-derogable prohibition of torture and other ill-treatment as codified, inter alia, in article
1 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT), which was ratified by the United States of America on 21 October
1994. The Convention also establishes the affirmative obligation to investigate, prosecute
and punish every act of torture. As interpreted by the Committee Against Torture, this
obligation is not subject to a statute of limitations or to any other impediment to
prosecution.
635. As stated in the Rapporteur’s 2013 thematic report to the Human Rights Council, in
addition to the absolute prohibition to inflict torture or other cruel, inhuman or degrading
treatment or punishment, “a State's obligation to prevent torture applies not only to public
officials, such as law enforcement agents, but also to doctors, health-care professionals and
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