A/HRC/34/54/Add.3 postponed, though Mr. Badawi and Mr. Al Shammari remain in detention and face the threat of the future implementation of this sentence at any time. The Special Rapporteur wishes to stress that, as noted in his prior thematic reports issued, “[w]ithout exception, corporal punishment has a degrading and humiliating component. All forms of corporal punishment must[,] therefore, be considered as amounting to cruel, inhuman or degrading punishment in violation of international treaty and customary law.” (A/HRC/13/39/Add.5, para. 209). 401. The Special Rapporteur strongly urges the Government of Saudi Arabia to refrain from and abolish the practice of flogging and of executions, and comply with its international legal obligation under the CAT. JUA 24/12/2015 Case No. SAU 12/2015 State Reply: None to date Allegations of refusal of the Saudi authorities to hand over the body of Mr. Ali Ağırdaş over to his family, after his secret execution. 402. 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. 403. 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 thus that the Government of Saudi Arabia, by executing Mr. Ağırdaş in complete secrecy, refusing to hand over his body for burial to his family, and failing to notify the family of the location of his body, has violated their right to be free from torture or cruel, inhuman or degrading treatment under the provisions of Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and articles 1, 2, and 16 of the Convention Against Torture (CAT). 404. The Special Rapporteur would like to draw the Government’s attention to a 2011 report of the Human Rights Committee (CCPR/C/106/D/2120/2011), which states that “the complete secrecy surrounding the date of the execution and the place of burial, as well as the refusal to hand over the body for burial” to “the executed prisoner’s family, have the effect of intimidating or punishing the family by intentionally leaving it in a state of uncertainty and mental distress,” and that “the State party’s subsequent persistent failure to notify” the family of the location of the victim’s body “may amount to inhuman treatment” of the family, in violation of article 7 of the ICCPR (para 11.10), and article 1, 2, and 16 of the CAT. 405. The Special Rapporteur strongly condemns the execution of Mr. Ağırdaş and reminds the Government of Saudi Arabia to observe rigorously the restrictions and conditions imposed by Article 7 of the ICCPR, including by ending the practice of secret executions or executions with little or no prior warning given to condemned prisoners and their families (A/67/279, para. 80 (c)). In addition, the Special Rapporteur urges the Government of Saudi Arabia to hand-over the body of Mr. Ağırdaş to his family, and to protect their right to be free from mental torture or cruel, inhuman or degrading treatment under articles 1 and 16 of the CAT. 406. The Special Rapporteur strongly urges the Government of Saudi Arabia to refrain from carrying out death sentences and to abolish the practice of executions, and to provide the victims with reparations in accordance with articles 12 and 14 of the CAT. JUA 22/03/2016 Case No. SAU 2/2016 State Reply: 28/07/2016 Allegations concerning the torture, use of solitary confinement and imminent risk of execution of three juvenile offenders, Mr. Ali Monhammed al-Nimr, Mr. Dawoud alMarhoon and Mr. Abdullah al-Zaher. 74