A/HRC/34/54/Add.3 intelligence officials and a trial that failed to meet international standards of fair trial and due process, 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). 264. 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). Furthermore, any judgment imposing the death sentence on juvenile offenders violates and already existing and binding norm of customary international law. In addition, such death sentences amount to cruel, inhuman and degrading punishment, which is prohibited inter alia in the CAT, and violate the Government’s obligation under article 37(a) of the Convention on the Rights of the Child (CRC) to refrain from imposing the death penalty for offences committed by persons below 18 years of age. 265. 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 render the punishment tantamount to torture and that under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment (para. 75). 266. The Special Rapporteur strongly urges the Government of the Islamic Republic of Iran to refrain from carrying out death sentences, particularly against minors, to abolish the practice of executions altogether, and to rigorously observe the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights. Israel JUA 23/12/2015 Case No. ISR 10/2015 State Reply: None to date Allegations of arbitrary arrest and detention and the solitary confinement of Palestinian human rights defender Mr. Judeh Deeb Ibrahim Jamal along with two colleagues, Ms. Najwan Odeh and Mr. Fadi Mansra. 267. The Special Rapporteur regrets that the Government of Israel 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. 268. 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 therefore that the Government of Israel, by employing solitary confinement against Mr. Judeh, Ms. Najwan and Mr. Mansra, for more than 33 days, has violated their rights to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2, and 16 of the Convention against Torture. 51

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