A/HRC/25/60/Add.2 the Government take the results of these investigations seriously and, should the above allegations be substantiated, that all necessary measures are taken to hold those responsible accountable for their actions while ensuring full redress and compensation to the victims and their families. The Special Rapporteur also urges the Government to continue to ensure the safety of those individuals transferred from Camp Ashraf to Camp Liberty. The Government is also encouraged to continue its cooperation with the mandate and release the results of investigations which are still ongoing. (c) JUA 25/11/2013 Case No. IRQ 7/2013 State reply: None to date Allegations of torture and ill-treatment and imposition of death penalty in view of imminent extradition from Iraq to Saudi Arabia. 76. The Special Rapporteur thanks the Government of Iraq for its reply, dated 2 December 2013, by which it acknowledged the receipt of this communication in reference to the alleged imminent risk of extradition of Mr. Ayesh Al Harby. However, the Special Rapporteur regrets that to date the Government of Iraq has not yet responded to the substance of this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. According to the communication, in 2005, Mr. Ayesh Al Harby, a political asylum seeker from Saudi Arabia, was reportedly arrested by the United States Armed Forces in Baghdad and held in detention for three years without trial or charges brought against him. Mr. Al Harby was reportedly subjected to torture and illtreatment while in detention. Shortly after his release in September 2008, he was reportedly arrested by the Iraqi Ministry of Interior forces and subjected to severe acts of torture. He was subsequently tried before Al Rusafa Court in Baghdad and sentenced to 15 years in prison on charges of alleged “terrorism-related activities” and membership in armed groups. In July 2013, Mr. Al Harby was transferred to the section of Al Rusafa Prison in Baghdad where he remained detained at the time the communication was sent. The Special Rapporteur expresses concern that if extradited to Saudi Arabia, Mr. Al Harby will be subjected to torture and ill-treatment and imposition of the death penalty. The Special Rapporteur stresses the Government’s obligation to protect the right to physical and mental integrity of all persons, set forth inter alia in the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). In this context, the Special Rapporteur reiterates that article 3 of the Convention against Torture holds that no State party shall expel, return (“refouler”), or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. Furthermore, with respect to the allegations of torture and ill-treatment, the Special Rapporteur draws the Government’s attention to paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur calls on the Government to ensure a thorough and fair assessment to ascertain whether Mr. Al Harby is at risk of being subjected to torture or other cruel, inhuman or degrading treatment or punishment, and urges the Government to take all necessary measures to guarantee that his rights and freedoms are respected. Finally, the Special Rapporteur reiterates that diplomatic assurances of favorable treatment from the receiving country do not mitigate the state’s obligation to refrain from refoulement. (d) UA 28/11/2013 Case No. IRQ 8/2013 State reply: None to date Alleged imminent execution on the basis of coerced confession obtained under torture during incommunicado detention 55