A/HRC/22/53/Add.4 invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” The Special Rapporteur also asserts that a death sentence should only be imposed for the most serious crimes. Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. Al Shamari under the UN Convention against Torture have been violated. Given the irremediable nature of capital punishment, the Special Rapporteur calls on the Government not to proceed with the execution and to set aside any criminal conviction based on evidence obtained under torture. Further, he calls on the Government of Saudi Arabia to undertake a prompt, independent and effective investigation of the facts, leading to the prosecution and punishment of the perpetrators, and to provide full redress to Mr. Al Shamari. He also calls on the Government to impose death sentences, if it must at all, only in cases where it can be shown that there was an intention to kill which resulted in the loss of life. (d) JUA 01/03/2012 Case No. SAU 6/2012 State reply: None to date Alleged ill-treatment and torture while in detention and incommunicado detention. 119. 120. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded to this communication dated 1 March 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged prolonged pre-trial detention, heavy sentencing, and torture while in detention of human rights defenders, including Dr. Saud Mokhtar Al-Hashimi, Mr. Walid Ali Ahmad Lamri, and Mr. Sulaiman Ibrahim Saleh Al-Rashoudi. Furthermore, the communication referred to the alleged 20-month incommunicado detention of Mr. Mokhlif Al Shammari, who reportedly was tortured while in detention. In addition, the communication referred to Dr. Mubarak Bin Said Bin Zair, who reportedly continues to be held in detention despite an order for his provisional release, and Dr. Said Bin Zair, who allegedly was held in pre-trial detention since 2007 and allegedly held incommunicado during this period. The Special Rapporteur expresses grave concern regarding the physical and psychological integrity of all aforementioned individuals in light of the lengthy nature of the sentences reportedly handed down, the allegations of ill-treatment while in detention, and the reports of prolonged incommunicado detention. He expresses further concern regarding recent allegations of Mr. Al-Hashimi being held in solitary confinement and being beaten in response to his family‟s public statements about the authorities. The Special Rapporteur stresses the Government‟s obligation to protect the right to physical and mental integrity of all persons, as provided in the UN Convention Against Torture. In this context, the Special Rapporteur reiterates paragraph 1 of Human Rights Council Resolution 16/23 which “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Further, in response to the Government‟s use of incommunicado detention, the Special Rapporteur reiterates paragraph 8b of Human Rights Council Resolution 16/23, which reminds States that “[p]rolonged incommunicado detention or detention in secret places can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person and to ensure that secret places of detention and interrogation are abolished.”Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of the aforementioned persons under the UN Convention against Torture have been violated. Therefore, he calls on the Government of Saudi Arabia to undertake a prompt, independent and effective investigation of the facts, leading to the prosecution and punishment of the perpetrators, and to provide full redress to aforementioned persons. The Special Rapporteur also calls on the Government of Saudi Arabia to abolish the practice of incommunicado and unacknowledged detention. 66