A/HRC/22/53/Add.4
prohibition 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
concludes that there have been several violations of rights of Mr. Salah Mohammed and other
victims under international law. The Special Rapporteur urges the Government to cease the
practice of secret detention and calls on the Government to undertake a prompt and impartial
investigation of the allegations of torture and ill-treatment, to ensure the accountability of
those responsible, to offer redress, reparations and rehabilitation to the victims and to prevent
the recurrence of these acts.
(f)
JUA 05/09/2012 Case No. SDN 6/2012 State reply: None to date Alleged death sentence
by stoning of a 23-year-old woman for charges of adultery.
129. The Special Rapporteur regrets that the Government of the Republic of Sudan has not
responded to this communication dated 5 September 2012, thereby failing to cooperate with
the mandate issued by the Human Rights Council. The communication referred to the alleged
sentencing to death by stoning of Ms. Layla Ibrahim Issa for the crime of adultery, charges
which were brought by her husband. The Special Rapporteur expressed grave concern
regarding the allegation that Ms. Ibrahim Issa wasshackled together with her 6-month old
baby. With respect to the imposition of the death penalty, the Special Rapporteur reiterates
the Government‟s obligations to Article 6(2) of the International Covenant on Civil and
Political Rights, which states that “in countries which have not abolished the death penalty,”
the “sentence of death may be imposed only for the most serious crimes.” The Special
Rapporteur reminds the Government that corporal punishment can amount to cruel, inhuman
or degrading punishment or even torture, which is provided in the Resolution 2005/39 of the
Commission on Human Rights. Stoning as a means of executing a death sentence has
universally been condemned as cruel, inhuman and degrading punishment. Accordingly, and
in the absence of evidence to the contrary, the Special Rapporteur determines that the rights
of Ms. Layla Ibrahim Issa under the international law have been violated. The Special
Rapporteur calls on the Government of the Republic of Sudan to eliminate the imposition of
the death penalty, and if the Government must impose the death penalty, to do so only in
cases where it can be shown that there was an intention to kill which resulted in the loss of
life. The Special Rapporteur therefore calls on the Government for commutation of the
sentence.
Syrian Arab Republic
(a)
JUA 20/02/2012 Case No. SYR 2/2012 State reply: None to date Alleged arbitrary
detention of at least 16 persons, including human rights defenders in Damascus, and
alleged torture in detention.
130. The Special Rapporteur regrets that the Government of the Syrian Arab Republic has not
responded to this communication dated 20 February 2012, thereby failing to cooperate with
the mandate issued by the Human Rights Council. The communication referred to the alleged
arbitrary detention of at least 16 persons, including prominent human rights defenders, and
the reported ill-treatment and torture of the male detainees. The Special Rapporteur expresses
serious concern about the allegations that several of the aforementioned individuals remain in
detention and have been subjected to torture while in detention. In this context, the Special
Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23
“[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.” In light of the fact that no evidence has been
72
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents