A/HRC/34/54/Add.3 and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79). 430. In addition, capital punishment in this case violates the international customary norm (codified in treaty law like Article 6.2 of the International Covenant on Civil and Political Rights) that the death penalty may only be applied to the “most serious cases,” which the Human Rights Committee has defined those in which and intent to kill is proven and that actually result in death. In consequence, unintentional homicide does not qualify for the death penalty under international law. 431. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, Mr. Jabing was executed on 20 May 2016. The Special Rapporteur strongly condemns the execution of Mr. Jabing and concludes that the Government of Republic of Singapore in executing him has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by international customary law, codified, inter alia, in articles 1, 2 and 16 of Convention against Torture and article 7 of the International Covenant on Civil and Political Rights. 432. The Special Rapporteur strongly urges the Government of the Republic of Singapore to refrain from carrying out death sentences and abolish the practice of executions. Slovenia JUA 04/03/2016 Case No. SVN 1/2016 State Reply: 10/06/16 Allegations concerning “push-backs” of migrants and asylum seekers along the former Yugoslav Republic of Macedonia’s southern border, in violation of the principle of non- refoulement. 433. The Special Rapporteur thanks the Government of Republic of Slovenia for its reply, dated 10 June 2016, to the present communication. 434. The Special Rapporteur acknowledges the account of the Government in response to the concerns, legal obligations, and questions raised in the initial communication. He welcomes the information provided by the Government according to which, the Government is no longer implementing the “Joint Statement of Heads of Police Services” and is instead following the European Council Conclusions on Migration (18 February 2016). 435. 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 that the Government, by having participated in and been party to the Joint Statement, did not comply with its positive obligation to prevent non-refoulement at Macedonia’s southern border. By lending support to and participating in a policy that denies persons an opportunity to make a proper claim for protection, and facilitates their return to places where they may face persecution, torture or other cruel, inhuman or degrading treatment or punishment, Slovenia violated its obligations under articles 1, 2, 3, and 16 of the Convention against Torture (CAT). 436. The Special Rapporteur would like to draw the Government’s attention to his 2015 thematic report addressing the extraterritorial application of the prohibition of torture, where he states, “the obligation to respect the human rights of all persons applies whenever States affect the rights of individuals abroad through their acts or omission” and that “the obligation to take measures to prevent acts of torture or other ill-treatment 79