A/HRC/31/57/Add.1
with the resulting illegality of the death penalty if 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). 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). 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).
419. The Special Rapporteur further recalls that the execution of persons who are
juveniles is per se a violation of an existing norm of customary international law (para. 64).
The Rapporteur calls on the Government of Pakistan 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.
420. 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 Pakistan, by failing to provide
any additional information or details about the investigation into Mr. Hussain’s allegations,
particularly as regards the extraction of a confession under torture; by sentencing him to
death on the basis of such a flawed process; and by not taking steps to prevent his
execution, violated the right of Mr. Hussain’s right to life and to be free from torture or
cruel, inhuman or degrading treatment, as provided by art. 1, 2, 12, 15 and 16 of the CAT,
articles 6(2) and 6(4) of the ICCPR, and article 16(5) of the CRC.
421. The Special Rapporteur urges Pakistan 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).
(h)
JUA 28/09/2015 Case No. PAK 10/2015 State Reply: None to date Allegations
concerning the situation of Mr. Ansar Iqbal, a juvenile offender, who is reportedly at
risk of imminent execution in Pakistan
422. The Special Rapporteur regrets that the Government of 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.
423. 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 under circumstances
that violate such prohibition, is developing into a norm of customary law, if it has not
already done so (para. 74).
424. 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).
425. It has come to the attention of the Special Rapporteur, that Mr. Iqbal was executed on
29 September 2015. The Rapporteur strongly condemns the execution and concludes that
the Government of Pakistan, by executing Mr. Iqbal, has violated his right to be free from
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