A/HRC/28/68/Add.1 405. The Rapporteur regrets that the Government has not, as of the drafting of this report, submitted any substantive reply. 406. The Rapporteur hence finds that the Government has not addressed the legal concerns raised in the communication; the Government fails to cooperate fully and expeditiously with the mandate issued by the Human Rights Council in its resolution 25/13 as well as to comply with its obligation, under international and national law. 407. In particular, Pakistan violated the rights of Mr. Asghar in that it applied the death penalty to a person with mental disabilities; that it imposed it for a non-violent crime that in addition may have been protected speech; and that in doing so it inflicted severe pain and suffering through the death row phenomenon and the method of execution. 408. 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). 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). 409. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Pakistan, by not taking steps to prevent the execution of Mr. Asghar, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as described in articles 1 and 16 of the CAT. (b) JUA 03/04/2014 Case No. PAK 4/2014 State Reply: 04/04/2014 Allegations concerning the situation of Mr. Nasrullah Baloch and his family. Mr. Nasrullah Baloch is the Chairman of Voice for Baloch Missing Persons (VBMP), a non-governmental organization which was founded in 2009 by families of victims of enforced disappearances. The organization voices concerns on behalf of families of disappeared persons and campaigns for their safe return. 410. The Special Rapporteur thanks the Government of Pakistan for its reply, dated 04.04.2014, acknowledging receipt of the present communication. 411. The Rapporteur welcomes the Government’s intent to consider his communication; however, he regrets that the Government has not, as of the drafting of this report, submitted, as announced in its initial reply, any substantive reply. 412. The Rapporteur finds that the Government, in its reply, does not sufficiently address the legal concerns raised regarding threats and intimidation of Mr. Baloch and his family in connection with his advocacy of the rights of relatives of persons who have disappeared in Balochistan. The Government thereby fails to cooperate fully and expeditiously with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 413. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Pakistan, by failing to assure the safety of Mr. Nasrullah Baloch and his family, and investigate any allegations of harassment and threats for his 70