A/HRC/34/54/Add.3
punishment. Also, the Special Rapporteur recalls that when used on juveniles
(A/66/268), solitary confinement amounts to cruel, inhuman or degrading treatment or
punishment or even torture, even if not used indefinitely or for a prolonged period of
time.
412. 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 as it 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). He reminds the government of Saudi Arabia that international law
establishes the absolute and non-derogable prohibition of torture and other ill-treatment
as codified in articles 1, 2 and 16 of the CAT as well as the prohibition of using
evidence obtained under torture or ill-treatment, in accordance with article 15 of the
CAT. With regard to sentences imposing the death penalty, the report of the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
(A/67/279) calls upon retentionist States to rigorously observe the restrictions and
conditions imposed by articles 1, 2 and 16 of the CAT.
413. The Special Rapporteur strongly urges the Government of Saudi Arabia to refrain
from carrying out death sentences, particularly against defendants who were underage
when they committed their crimes, and to abolish the practice of executions.
Serbia
JUA 04/03/2016 Case No. SRB 1/2016 State Reply: 26/05/2016 Allegations
concerning “push-backs” of migrants along the former Yugoslav Republic of
Macedonia’s southern border, in violation of the principle of non-refoulement.
414. The Special Rapporteur thanks the Government of the Republic of Serbia for its
reply, dated 26 May 2016, to the present communication.
415. The Special Rapporteur takes note of the information provided by the Government
regarding the administration of humanitarian aid to migrants and plan to identify and
support vulnerable persons, particularly unaccompanied minors. He welcomes the
Government’s assertion that it has not employed entry restrictions on its own border and
has conducted individualized assessments of migrants within its borders. However, in
spite of the information supplied by the Government, the reply fails to address the issue
of collective expulsion of non-nationals at Macedonia’s southern border, as a result of
the “Joint Statement of Heads of Police Services,” which effectively closed the sending
stream of migrants to Serbia, and within the region. The Special Rapporteur, hence,
finds that the Government, in its reply, does not sufficiently address the concerns, legal
obligations, and questions raised in the initial communication, which prompts him to
infer that the Government fails to fully and expeditiously cooperate with the mandate
issued by the Human Rights Council in its resolution 25/13.
416. 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 that the Government, by participating in, and being party to the Joint
Statement, has not complied with its positive obligation to prohibit non-refoulement at
Macedonia’s southern border. By lending support to and participating in a policy that
denies persons an opportunity to make a proper claim for protection, and facilitates their
return to places where they may face persecution, torture or other cruel, inhuman or
76
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