A/HRC/34/54/Add.3
I. Introduction
1. The present document is submitted by the former Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, to the
Human Rights Council, pursuant to its resolution 25/13.
2. In the present addendum, the former Special Rapporteur provides observations,
where considered appropriate, on communications sent to States between 1 December
2015 and 31 August 2016, as well as on responses received from States in relation to
these communications until 31 August 2016. In some instances and where appropriate,
observations are provided to older communications which received a late reply within
the above-named date range, as well as communications with updated replies following
the request of the former Special Rapporteur (see additional observations).
Communications sent and responses received during the reporting period are accessible
electronically through hyperlinks.
3. The communications and the relevant replies can also be accessed via the
incorporated links or in the communications reports of Special Procedures
A/HRC/29/50 (communications sent, 1 December 2014 to 28 February 2015; replies
received, 1 February to 30 April 2015); A/HRC/30/27 (communications sent, 1 March
to 31 May 2015; replies received, 1 May to 31 July 2015); A/HRC/31/79
(communications sent, 1 June to 30 November 2015; replies received, 1 August 2014 to
31 January 2016); A/HRC/32/53 (communications sent, 1, December 2015 to 29
February 2016; replies received, 1 February to 30 April 2016); A/HRC/33/32
(communications sent 1 march to 31 May 2016; replies received 1 May to 31 July
2016); and A/HRC/34/75 (communications sent, 1 June to 30 November 2016; replies
received 1 August 2016 to 31 January 2017).
II.
Observations by the former Special Rapporteur
Afghanistan
JUA 03/05/2016 Case No. AFG 1/2016 State Reply: None to date. Allegations of
imminent execution of twenty-two death row prisoners convicted for offences related to
national security.
4. The Special Rapporteur regrets that the Government of Afghanistan has not replied
to present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
5. In 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 Afghanistan, by
applying the death penalty to individuals who may not have been convicted of “most
serious crimes” and announcing the imminent execution of 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).
6. 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
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