A/HRC/22/53/Add.4
time of his arrest and detained incommunicado for a period of ten months. In its reply, the
Government sent the Special Rapporteur a copy of the verdict that was issued in Mr. Al
Baydani‟s case on 27 December 2011. The court documents show that Mr. Al Baydani was
22 years old at the time of his arrest; that he was charged with being a member of Al Qaeda,
to which he confessed; and that he was captured in flagrante delicto while attempting to bury
weapons and ammunition. They also show that, as of April 2012, he had not been executed,
pending a request from the defense to stay the execution and order a retrial. While the
Special Rapporteur appreciates the Government‟s response with regards to Mr. Al Baydani‟s
case, he regrets that the Government did not clarify the circumstances surrounding the 21
executions of 17 August 2012. In this context, The Special Rapporteur reminds the
Government of its obligation to protect the right to physical and mental integrity of all
persons, which is set forth inter alia in the UDHR, the ICCPR and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The
Special Rapporteur also draws attention to paragraph 7c of Human Rights Council Resolution
8/8 of 18 June 2008, which reminds all States that “Prolonged incommunicado detention may
facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or
punishment and can in itself constitute a form of such treatment.” The Special Rapporteur
reiterates article 15 of the CAT and paragraph 6c of Human Rights Council resolution 8/8 of
2008, which provide that a State must ensure that no statement “established to have been
made as a result of torture is invoked as evidence in any proceedings, except against a person
accused of torture as evidence that the statement was made.” In the absence of evidence to
the contrary, the Special Rapporteur finds that the executions of 27 August 2012 violated
Iraq‟s obligations under international law. In connection with the case of Mr. Al Baydani,
the Special Rapporteur appreciates that his case is under review; he also finds that his
execution would violate international law because his crime, if proven, did not involve loss of
life with intent to deprive of life, which are the only crimes for which capital punishment
would not violate an international standard. The Special Rapporteur calls on the Government
to set aside any criminal conviction based on evidence obtained under torture or for a crime
that is not of the maximum gravity, and to promptly and impartially investigate all allegations
of torture and ill-treatment.
(b)
JUA 14/09/2012 Case No. IRQ 4/2012 State reply: 09/11/2012 Alleged risk of execution
of six individuals after proceedings that did not comply with fair trial and due process
standards
69. The Special Rapporteur thanks the Government of Iraq for its response, dated 9
November 2012, to this communication in reference to the alleged risk of execution faced by
Messrs. Abdullah Azzam Saleh Musfer al-Qahtani, Manaf Abdulrahim Abdulhamid Issa alRawi, Mohammad Nouri Matar Yassin, Ibrahim Abdulqader Ali Antik, Safa Ahmad
Abdul‟aziz Abdullah, and Mohammad Jaber Taqfiq Obaid. In its reply, the Government
provided a list of the articles under which the named persons were sentenced. While the
Special Rapporteur appreciates the Government‟s reply, he regrets that the Government
failed to address the allegations that the convictions were based on confessions obtained
pursuant to torture and ill-treatment. In this context, the Special Rapporteur reminds the
Government of its obligation to protect the right to physical and mental integrity of all
persons, which is set forth inter alia in the UDHR, the ICCPR and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The
Special Rapporteur also draws attention to paragraph 7c of Human Rights Council Resolution
16/23, which urges States “to ensure that no statement established to have been made as a
result of torture is invoked as evidence in any proceedings, except against a person accused
of torture as evidence that the statement was made, and calls upon States to consider
extending that prohibition to statements made as a result of cruel, inhuman or degrading
treatment or punishment, recognizing that adequate corroboration of statements, including
confessions, used as evidence in any proceedings constitutes one safeguard for the prevention
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