A/HRC/22/53/Add.4 Other (a) JAL 19/03/2012 Case No. OTH 6/2011 State reply: None to date Alleged beating and subsequent death in custody. 106. The Special Rapporteur regrets that the authorities in Gaza have not responded to this communication dated 19 March 2012. The communication referred to the severe beating and subsequent death in custody of Mr. Hassan Mahammad El Hmidi. In this respect, the Special Rapporteur would like to reiterate that Human Rights Council Resolution 17/5 stating that all States have “to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions.” Furthermore, the Human Rights Council Resolution 16/23, paragraph 7(b), urges States to hold responsible not only those who perpetrate torture, but also those “who encourage, order, tolerate or perpetrate such acts [...], to have them brought to justice and punished in a manner commensurate with the gravity of the offence, including the officials in charge of the place of detention where the prohibited act is found to have been committed.” Accordingly, based on the information received and in the absence of evidence to the contrary, the Special Rapporteur concludes that Mr. Hassan Mahammad El Hmidi‟s rights under the UN Convention against Torture have been violated, and calls on the authorities in Gaza to undertake a prompt and independent investigation, leading to prosecution and punishment of the perpetrators. Furthermore, because Mr. Hassan Mahammad El Hmidi is no longer alive, the Special Rapporteur calls on the authorities in Gaza to provide full redress, including compensation, to his dependents in accordance with international standards. (b) JUA 26/06/2012 Case No. OTH 3/2012 State reply: None to date Alleged imminent execution and forced confession obtained under torture 107. The Special Rapporteur regrets that the authorities in Gaza have not responded to this communication dated 26 June 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to imminent execution of Mr. Na‟el Jamal Qandil Doghmosh, who was sentenced to death by hanging after allegedly being subjected to torture in order to force his confession to a murder. The Special Rapporteur expresses grave concern regarding the physical and mental integrity of Mr. Na‟el Doghmosh in light of the irremediable nature of capital punishment. In this context, the Special Rapporteur asserts that capital punishment should not be imposed on the basis of a confession obtained under torture. The Special Rapporteur reiterates that paragraph 7(c) of Human Rights Council Resolution 16/23 urges States “[t]o 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 or punishment.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur affirms that Mr. Na‟el Doghmosh was tortured to make him confess to crimes and that his rights under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment may have been violated. Given the irremediable nature of capital punishment, the Special Rapporteur calls on the authorities in Gaza not to proceed with the executions and to set aside any criminal conviction based on evidence obtained under torture. 59