A/HRC/31/57/Add.1
imposed by article 7 of the International Covenant on Civil and Political Rights and article
1 or article 16 of the Convention against Torture.
(d)
JUA 30/09/2015 Case No. SAU 5/2015 State Reply: None to date Allegations concerning
the risk of imminent execution of Mr. Husain Abu al Khair, a Jordanian national
sentenced to death for drug trafficking by a Saudi court.
474. 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. In particular the letter expressed grave
concerns regarding the use of the death penalty that may be carried out against Mr. Husain
Abu al Khair, who has been convicted for drug trafficking, an offense that does not meet
the threshold of “most serious crimes” that would allow the imposition of the death penalty
under current international law.
475. 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).
476. 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 Saudi Arabia, by seeking to execute the death
penalty for offenses that do not reach the threshold of “the most serious crimes” has
violated Mr. Husain Abu al Khair right to be free from torture or cruel, inhuman or
degrading treatment.
477. 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 Saudi Arabia that international law establishes the absolute and
non-derogable 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).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.
(e)
JUA 21/09/2015 Case No. SAU 6/2015 State Reply: 28/12/2015 Allegations concerning
the imminent risk of execution of Ali Mohammed al-Nimr, a Saudi national sentenced
to death by the Saudi Specialized Criminal Court (SCC)
478. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated
28 December 2015, to the present communication.
479. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply. The Rapporteur will make his views on the case known later on,
after being able to read an English version of the reply.
81
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