A/HRC/31/57/Add.1
confinement runs afoul of the absolute prohibition of torture and other cruel, inhuman or
degrading treatment or punishment.
59.
The Special Rapporteur reminds the State of Bahrain of the general obligations
regarding the treatment of prisoners while in detention facilities, in particular the Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
adopted by the General Assembly on 9 December 1988 (adopted by General Assembly
resolution 43/173 of 9 December 1988) and UN Standard Minimum Rules for the
Treatment of Prisoners (reviewed on November 5, 2015 and renamed the “Mandela
Rules”). Furthermore, it is important to mention that the Committee against Torture and the
Human Rights Committee have consistently found that conditions of detention can amount
to inhuman and degrading treatment.
60.
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 Bahrain, by failing to provide adequate detention
conditions violated the absolute right of the detainees in the Jaw Prison to be free from
cruel, inhuman or degrading treatment.
61.
The Special Rapporteur urges the State 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. The Special Rapporteur reminds the State of its obligation to
conduct a fair and impartial investigation into the incidents and to prosecute and punish
those responsible.
Bangladesh
JUA 20/11/2015 Case No. BGD 8/2015 State Reply: None to date Allegations concerning
imminent execution of Mr. Salauddin Quader Chowdhury and Mr. Ali Ahsan
Mohammad Mujahid following trials that did not meet international standards of fair
trial and due process.
62.
The Special Rapporteur regrets that the Government of Bangladesh 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.
63.
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)..
64.
It has come to the attention of the Special Rapporteur, that Mr. Chowdhury and Mr.
Mujahid were executed on 22.11.2015 following their convictions for war crimes and
genocide. The Rapporteur strongly condemns the executions and concludes that the
Government of Bangladesh, in executing Mr. Chowdhury and Mr. Mujahid following a trial
and appeal process that failed to meet international standards on fair trial and due process,
has violated their right to be free from torture or cruel, inhuman or degrading treatment, as
provided by article 7 of the International Covenant on Civil and Political Rights.
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