A/HRC/34/54/Add.3
sentencing Mr. Ali to death following a trial and appeal process that failed to meet
international standards on fair trial and due process, including failure to safeguard
fundamental rights under the Constitution of Bangladesh; lack of fairness and
transparency; lack of separation between the executive and the judiciary; lack of
independence and impartiality of the judiciary; lack of independence of the prosecutor;
widespread allegations of prosecutorial and judicial misconduct; repeated failure to
investigate allegations of perverting the course of justice; explicit exclusion of domestic
criminal procedural rules; and failure to properly define the crimes, has violated his
right to be free from torture or cruel, inhuman or degrading treatment, 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).
50. 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 if imposed or executed under
circumstances that violate such prohibition, is developing into a norm of customary law,
if it has not already done so (para. 74). 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). 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).
51. The Special Rapporteur strongly urges the Government of Bangladesh to refrain
from executing Mr. Ali and to abolish the practice of executions in general.
Belarus
JUA 25/08/2016 Case No. BLR 1/2016 State Reply: 21/09/2015 Allegations
concerning the imminent extradition of Mr. Chary Annamuradov, a Swedish and
Russian citizen, from Belarus to Turkmenistan, where he risks being subjected to
ill-treatment and torture.
52. The Special Rapporteur thanks the Government of the Republic of Belarus for its
reply, dated 21 September 2016, to the present communication.
53. The Special Rapporteur acknowledges the comprehensive 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 General Prosecutor’s Office refused the extradition of Mr.
Annamuradov, who was consequently released from custody, and reportedly returned to
Sweden.
54. The Special Rapporteur welcomes the decision of the Government of the Republic
of Belarus to refrain from extraditing Mr. Annamuradov and thereby comply with
article 3 of the Convention against Torture (CAT). The Rapporteur encourages the
Government to continue its engagement with the mandate.
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