A/HRC/31/57/Add.1
to the attention that Mr. Badawi’s sentence was upheld by the Supreme Court on 7 June
2015. The Special Rapporteur hence finds that the Government does not sufficiently
address the concerns, legal obligations, and questions raised in the initial communication,
which prompts him to infer that the Government fails to fully and expeditiously cooperate
with the mandate issued by the Human Rights Council in its resolution 25/13.
468. The Special Rapporteur wishes to stress that corporal punishment of any sort, even if
judicially imposed, is always torture in violation of articles 1, 2 and 16 of the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT),
which Saudi Arabia acceded to on 23 September 1997.
469. The Special Rapporteur concludes that there is substance in the allegations presented
in the initial communication and that Saudi Arabia, by having carried out Mr. Badawi’s
corporal punishment, in part, and by failing further to protect Mr. Badawi from
enforcement of the Supreme Court ruling upholding his sentence, has violated Mr.
Badawi’s right to be free from torture or cruel, inhuman or degrading treatment, as
provided for in articles 1, 2 and 16 of the CAT, and has failed to provide Mr. Badawi
redress for these violations according to article 14 of the CAT. The Special Rapporteur
strongly urges the Government to refrain from and abolish the practice of the corporal
punishment.
(c)
JUA 25/08/2015 Case No: SAU 4/2015 State Reply: None to date Allegation concerning
the risk of imminent execution of seven Pakistani Nationals, Messrs. Mohammad
Afzal, Mohammad Irfan, Mohammad Fiaz, Liaquat Ali, Mohammad Imran, Ghulam
Shabbir, and Safeer Ahmad in Saudi Arabia.
470. 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 Right Council in its resolution 25/13. In particular the letter expressed grave
concerns regarding the use of the death penalty that may be carried out against several
prisoners who have been convicted on drug-related charges, which does not meet the
threshold of “most serious crimes” that would warrant the death penalty under international
law.
471. 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).
472. 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 Saudi Arabia, by seeking to
execute the death penalty for offenses that do not reach the threshold of “the most serious
crimes” imposing the death penalty of Messrs. Mohammad Afzal, Mohammad Irfan,
Mohammad Fiaz, Liaquat Ali, Mohammad Imran, Ghulam Shabbir, and Safeer Ahmad, has
violated their right to be free from torture or cruel, inhuman or degrading treatment, as
provided for, inter alia, Articles 2 and 16 of the Convention Against Torture (CAT).
473. 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 calls
upon the government of Saudi Arabia to observe rigorously the restrictions and conditions
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