A/HRC/34/54/Add.3 pain and suffering. States cannot guarantee that there is a pain-free method of execution” (A/67/279, para.41). 174. The Special Rapporteur strongly urges the Government to refrain from executing Mr. Agus Hadi and Mr. Pujo Lestari and calls on the Government of Indonesia to take appropriate measures in order to ascertain that capital punishment will not be imposed for crimes that do not involve intent to kill and resultant death, and to examine the practice of executions with a view to abolishing it in the future if it cannot be applied without violating the absolute prohibition on torture or cruel, inhuman or degrading treatment or punishment. JOL 21/06/2016 Case No. IDN 6/2016 State Reply: None to Date Allegations concerning Presidential Decree (Perppu No. 1/2016) that modifies child protection laws by providing additional punishments for perpetrators of sexual violence against children, including chemical castration and the death penalty. 175. The Special Rapporteur regrets that the Government of Indonesia 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. 176. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, and is therefore of the view that the Government of Indonesia, by providing for the additional punishments of chemical castration and the death penalty for perpetrators of sexual violence against children, has the potential to violate the rights of the accused to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2 and 16 of the Convention against Torture. 177. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). Even if this customary norm is still under way, the Special Rapporteur considers that most conditions under which capital punishment is actually applied renders the punishment tantamount to torture and that under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment (para. 75). Moreover, the Special Rapporteur emphasizes that “the expression ‘most serious crimes’ must be read restrictively to mean that the death penalty should be a quite exceptional measure” (CCPR General Comment 6, 1982) and that they are defined as “cases where it can be shown that there was an intention to kill, which resulted in loss of life” (A/HRC/4/20, paras. 39-53 and 65). 178. The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental 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 A/67/279). Furthermore, as stated in his 2012 report (A/67/279), the Special Rapporteur calls upon the Government of Indonesia to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. 35