A/HRC/34/54/Add.3
to be free from torture and ill-treatment” (A/HRC/22/53, CEDAW/C/OP.8/PHL/1). The
Special Rapporteur recommends that all states decriminalize abortion and ensure access
to legal and safe abortions, at a minimum in cases of rape, incest and severe or fatal fetal
impairment and where the life or physical or mental health of the mother is at risk
(A/HRC/31/57).
391. The Special Rapporteur further offers his assistance and guidance in these matters
in order to ensure any proposed legislation complies fully with the Republic of Poland’s
obligations under the CAT and customary international law.
Saudi Arabia
JUA 30/09/15 Case No. SAU 5/2015 State Reply: 04/05/2016 Allegations concerning
the imminent execution of Mr. Husain Abu al Khair, a Jordanian national
sentenced to death for drug trafficking by a Saudi court
392. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated
4 May 2016, to the present communication.
393. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply of 4 May 2016.
394. The Rapporteur will make his views on the case known later on, after being able to
read an English version of the reply.
JUA 30/11/2015 Case No. SAU 10/2015 State Reply: 04/03/2016 Allegations of the
death sentence issued against Mr. Ashraf Fayadh on November 2015 after an
allegedly unfair trial
395. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated
4 March 2016, to the present communication.
396. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply of 4 March 2016.
397. The Rapporteur will make his views on the case known later on, after being able to
read an English version of the reply.
JOL 11/12/2015 Case No. SAU 11/2015 State Reply: None to date Allegations
concerning the public flogging and risk of future public flogging of Mr. Raef
Badawi and Mr. Miklif bin Daham al Shammari.
398. The Special Rapporteur regrets that the Government of Saudi Arabia has not
replied to the present communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council in its resolution 25/13.
399. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via
the link above, and is therefore of the view that the Government of Saudi Arabia, by
imposing the sentence of public flogging to Mr. Badawi and Mr. Al Shammari, and by
carrying out Mr. Badawi’s corporal punishment, has violated the right of these two
individuals to be free from torture or cruel, inhuman or degrading treatment or
punishment, as provided by articles 1, 2, and 16 of the Convention against Torture
(CAT).
400. It has come to the attention of the Special Rapporteur that, as of the drafting of this
report, the further execution of Mr. Badawi’s sentence of public flogging has been
73
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