A/HRC/31/57/Add.1 521. 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 Sudan, by failing to protect the physical and psychological integrity of Dr. Amin Mekki Medani and Mr. Farouk Abu Eissa; and that, by failing to provide adequate medical assistance and treatment during detention, violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. (b) JAL 27/04/2015 Case No. SDN 2/2015 State Reply: None to date Allegations concerning the arrest, detention and denial of adequate medical care of Mr. Adil Bakheit. 522. The Special Rapporteur regrets that the Government of Sudan 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. 523. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above and thus, that the Government of Sudan, by failing to protect the physical and psychological integrity of Mr. Adil Bakheit, including by denial of access to adequate medical care, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by in the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), which the Government of Sudan signed on 4 June 1986. 524. While drafting this observation, it has come to the Special Rapporteur’s attention that Mr. Bakheit has been released on bail on 3 May 2015. (c) JUA 16/07/2015 Case No. SDN 5/2015 State Reply: None to date Allegation concerning the arrest and subsequent charges of 12 and 10 female students, respectively, for “indecent dress,” of degrading and humiliating against them in detention, and threat of imminent torture in the form of judicial corporal punishment. 525. The Special Rapporteur regrets that the Government of Sudan 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. 526. 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 Sudan, by failing to prevent degrading treatment and humiliating verbal abuse of the female students in question, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2, 14 and 16 of the CAT, and the State’s duty to investigate, prosecute and punish those responsible, as provided by A/HRC/22/53. 527. The Rapporteur recalls that any form of corporal punishment constitutes torture or cruel, inhuman or degrading punishment in violation of customary international law, even when judicially imposed, and that the State’s imposition of the penalty of flogging, as codified in art. 152 of its criminal code, constitutes torture under the CAT. The Rapporteur further stresses that both the Human Rights Committee and the Committee against Torture have called for the abolition of judicial corporal punishment, including excessive chastisement ordered as punishment for a crime as stated in paragraph 5 of General Comment No. 20 (1992) of the Human Rights Council, and also refers to the decision of the African Commission on Human and People’s Rights in Frances Doebbler v. Sudan, wherein the Commission found that art. 152 of the Sudanese Criminal Law violates article 5 of the African Charter on Human and People’s Rights. 528. The Rapporteur strongly urges the Government of Sudan to protect the female students’ right to physical and psychological integrity, to refrain from imposing the judicial corporal punishment, repeal this law, and abolish its practice. 89