A/HRC/31/57/Add.1 701. The Special Rapporteur regrets that the Government of Vietnam 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. In particular the letter expressed grave concerns regarding the imminent execution of Mr. Le Van Manh; the torture and death as a result of torture of the juvenile X, who was detained in an adult prison and then transfer to a Hospital where he died because of serious internal injuries; and the death threats against Mrs. Do Thi Mai, the mother of the juvenile as a consequence of presenting a complaint to the United Nations human rights mechanisms. 702. Regarding the imminent execution of Mr. Le Van Manh, 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). 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). 703. 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 reminds the government of Vietnam that international law prescribes the absolute and nonderogable prohibition of torture and other ill-treatment as codified in articles 2 and 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or 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. 704. With regards of the death of the juvenile X, the Special Rapporteur would like to remind the State of Vietnam the heightened level of diligence to ensure the protection of an individual’s rights when detained by the State. Also, the obligation of the State to conduct a fair and impartial investigation into the incidents and to prosecute and punish those responsible for the death of the juvenile. 705. In the case of Mrs. Do Thi Mai, the mother of the juvenile, the Special Rapporteur would like to remind the State of its obligation according to Article 13 of the CAT which establishes that “Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, (…) Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.” 706. 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 thus that the Government of Vietnam, by seeking to execute the death penalty for offenses that do not reach the threshold of “the most serious crimes” to Mr. Le Van Manh and by failing to prevent the death of X while in detention has violated their right to be free from torture or cruel, inhuman or degrading treatment; and has failed to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 117