A/HRC/34/54/Add.3 JUA 27/07/2016 Case No. IDN 7/2016 State reply: None to date Allegations concerning the risk of imminent execution of 15 prisoners, including foreign nationals, for drug-related charges, following denial of due process and torture and ill-treatment in some cases. 179. 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. 180. 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 link above, and is therefore of the view that the Government of Indonesia, by applying the death penalty to individuals who have not been convicted of “most serious crimes” and announcing the imminent execution of the death row inmates, has violated the fundamental concepts of human dignity and the prohibition of torture and cruel, inhuman or degrading treatment or punishment, as provided by Article 6(2) and 7 of the International Covenant on Civil and Political Rights (ICCPR) and articles 1, 2, and 16 of Convention against Torture (CAT). 181. 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 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). 182. 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 ICCPR and CAT. Additionally, the Rapporteur strongly urges the Government to refrain from carrying out death sentences and abolish the practice of executions altogether. 183. The Special Rapporteur further urges Indonesia to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the CAT. 36