A/HRC/34/54/Add.3 punish all acts of torture and other cruel, inhuman, or degrading treatment or punishment, as codified in the CAT and to comply with the principle of nonrefoulement under article 3 of the CAT. He further calls on the Government to take all necessary measures to ensure that its procedure at the border is brought fully in line with its obligations of non-refoulement under international law. Malaysia JUA 24/03/2016 Case No. MYS 3/2016 State Reply: None to date Allegation of imminent execution of Mr. Gunasegar Pitchaymuthu, Mr. J Ramesh Jayakumar, and Mr. Sasivarnam Jayakumar, three Malaysian nationals who were sentenced to death for murder by a Malaysian court. 341. The Special Rapporteur regrets that the Government of Malaysia 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. 342. It has come to the attention of the Special Rapporteur that the Malaysian government executed Mr. Pitchaymuthu, Mr. J.R. Jayakumar, and Mr. S. Jayakumar on 25 March 2016. The Special Rapporteur strongly condemns the execution of the three Malaysian nationals and concludes that the Government of Malaysia, in executing them by hanging with very little notice to their family members, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1, 2, and 16 of the Convention against Torture (CAT) and article 7 of the International Convention on Civil and Political Rights (ICCPR). 343. 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. 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 underway, 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 and degrading treatment (para. 75). 344. 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). Furthermore, as stated in his 2012 report (A/67/279), the Special Rapporteur calls upon the Government of Malaysia to observe rigorously the restrictions and conditions imposed by article 7 of the ICCPR and article 1 or 16 of the CAT. He calls upon retentionist states, inter alia, to ensure that the method of execution employed causes the least possible physical and mental suffering and that it does not violate the prohibition on torture and cruel, inhuman or degrading treatment (para. 80(b)) and to end the practice of carrying out executions with little or no prior warning given to condemned prisoners and their families (para. 80(c)). 345. The Special Rapporteur strongly urges the Government of Malaysia to refrain from carrying out death sentences and abolish the practice of executions. 64