A/HRC/25/60/Add.2 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. In this regard, in paragraph 9 of General Comment No. 20 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, the Human Rights Committee states that State parties “must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement.” Furthermore, paragraph 9 of Resolution A/RES/61/253 of the UN General Assembly, paragraph 16 of the Resolution A/RES/65/205 of the UN General Assembly, and paragraph 7(d) of Human Rights Council Resolution 16/23 urge States not to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. Those resolutions stress the importance of effective legal and procedural safeguards in this regard, and recognize that diplomatic assurances, where used, do not release States from their obligations under international human rights, humanitarian and refugee law, in particular the principle of non-refoulement. The Special Rapporteur calls on the Government to undertake a prompt and independent investigation of the imminent risk of deportation of Mr. Anwar to Pakistan. Palestine (State of) (a) UA 20/08/2013 Case No. OTH 7/2013 Reply: None to date Alleged risk of execution in the Gaza Strip of Mr. Hani Mohammed Abu Aliyan, the case of Mr. Faraj Abed Rabu, and the execution in June 2013 of Messrs. Emad Mahmoud Abu Ghalyoun and Husein Youssef Mohammad El Khatib. 117. The Special Rapporteur regrets that the de facto authorities in the Gaza Strip have not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged risk of execution of Mr. Hani Mohammed Abu Aliyan, the case of Mr. Faraj Abed Rabu, and the execution of Messrs. Emad Mahmoud Abu Ghalyoun and Husein Youssef Mohammad El Khatib in June 2013. It was reported that Mr. Abu Aliyan was convicted in May 2010 in two separate cases of homicide and is at particular risk of execution. Reportedly, the first case involved a charge of unintentional homicide, for which Mr. Abu Aliyan is alleged to have self-reported at the Khan Younis police station. The second case reportedly involves the rape and killing of a six-year-old in 2000; it was reported that Mr. Abu Aliyan was a minor at the time of the alleged offence. Mr. Abu Aliyan was reportedly subjected to torture and ill-treatment during interrogation, which resulted in a confession to the crimes involved in the second case. Mr. Faraj Abed Rabu, sentenced to death for charges of collaboration with an enemy entity, was allegedly forced to sign his confession after having been tortured during the interrogation process. It was also reported that Mr. Emad Mahmoud Abu Ghalyoun and Mr. Husein Youssef Mohammad El Khatib were executed on 22 June 2013 following charges of “collaborating with the enemy”. Both men were allegedly subjected to torture and illtreatment with the aim of forcing a confession. It was reported that at least 35 individuals are currently at risk of execution in the Gaza Strip and that the de facto authorities in the Gaza Strip have executed at least 16 individuals since 2009. It is further alleged that death sentences in the Gaza Strip are frequently imposed by military courts, including the trying of civilians, the procedures of which do not comply with international human rights standards of fair trial and due process. The Special Rapporteur expresses concern that the death penalty is imposed and carried out by the de facto authorities of Gaza in contravention of international human rights standards. The death penalty is imposed after proceedings that do not comply with fair trial and due process safeguards and after subjecting the defendants to torture or ill-treatment. As stated in his report to the General 86

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