A/HRC/34/54/Add.3 466. 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 Sudan, by imposing the death penalty for offenses that do not reach the threshold of “most serious crimes,” as well as against a person suffering from psychosocial disability and three juveniles, has violated the individuals’ rights to be free from torture or cruel, inhuman or degrading treatment, as provided by the articles 6(2) and 7 of the International Covenant on Civil and Political Rights (ICCPR) and customary international law. 467. 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). The Special Rapporteur further recalls that the execution of a person who is either mentally disabled or a juvenile is per se a violation of an existing norm of customary international law (para 64). Furthermore, 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) 468. 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 Sudan to observe rigorously the restrictions and conditions imposed by Article 7 of the International Covenant on Civil and Political Rights (ICCPR). Additionally, the Rapporteur strongly urges the Government to refrain from carrying out death sentences and abolish the practice of executions. Tajikistan JAL 19/02/2016 Case No. TJK 1/2016 State Reply: 14/04/2016 Allegations concerning proposed amendments to legislation requiring couples to undergo mandatory medical examinations and present medical certificates prior to registering their marriage, which contain provisions that unduly restrict the rights to health and privacy. 469. The Special Rapporteur thanks the Government of the Republic of Tajikistan for its reply, dated 14 April 2016, to the present communication, available via the link above. 470. The Special Rapporteur takes note of the information provided by the Government regarding the content of the proposed amendments to the Family Code of the Republic of Tajikistan and the Law on State Registration of Acts of Civil Status, the rationale 85