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 38