A/HRC/22/53/Add.4 of torture and other cruel, inhuman or degrading treatment.” The Special Rapporteur reiterates article 15 of the CAT, which provide “each State Party shall ensure that any statement which is 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 rights of the named persons under international law have been violated. Given the irreversible 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. (c) JUA 11/10/2012 Case No. IRQ 5/2012 State reply: 12/12/2012 Alleged risk of imminent execution 70. The Special Rapporteur thanks the Government of Iraq for its response, dated 9 November 2012, to this communication in reference to the case of Mr. Ahmad Amr Abd alQadir Muhammad, who is at risk of imminent execution in Iraq. He was allegedly held incommunicado for more than a year after his arrest and subjected to torture. His injuries were allegedly still visible months after his arrest in 2006. Also a forensic medical examination in 2008 found that he had scarring. His testimony has been included as part of evidence during the trial before the court although Mr. Muhammad withdrew his statement, claiming that his confession had been extracted under coercion and torture. In its response, the Government explained that the communication sent by the Special Rapporteur led to a prompt investigation by the Ministry of Interior (MoI) into all allegations raised. The MoI came to the conclusion, that no violations of Mr. Muhammad‟s rights under domestic and international law could be detected, that he was never subjected to torture and subsequently, that the death sentence was pronounced in accordance with the law. The Government informed that Mr. Muhammad‟s execution is now subject to administrative procedures and will be carried out. While the Special Rapporteur appreciates the Government‟s reply, he finds that the Government did not provide evidence against the allegations of torture, solitary confinement and the use of confession made under duress in the case of Mr. Mohammad. He 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 of torture and other cruel, inhuman or degrading treatment.” The Special Rapporteur reiterates article 15 of the CAT, which provide “each State Party shall ensure that any statement which is 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 rights of Mr. Mohammad under international law have been violated. Given the irreversible 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. 39