A/HRC/31/57/Add.1 (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). Even if this customary norm is still under way, the Special Rapporteur considers that most conditions under which capital punishment is actually applied renders the punishment tantamount to torture and that under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment (para. 75). The Special Rapporteur further recalls that the execution of persons who are mentally disabled is per se a violation of an existing norm of customary international law (para. 64). 184. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and thus, that the Government of Indonesia, by seeking to execute the death penalty for offenses that do not reach the threshold of “the most serious crime” -- because they do not involve loss of life -- has violated the above named individuals’ right to be free from torture or other cruel, inhuman or degrading treatment or punishment. 185. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the execution of Rodrigo Gularte already occurred. The Special Rapporteur concludes that Indonesia has violated its international obligation by the execution of persons who are mentally disabled, an act that is per se a violation of an existing norm of customary international law (A/67/279 para. 64). 186. 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 A/67/279) and strongly urges the Government of Indonesia to refrain from carrying out death sentences and abolish the practice of executions. (f) JUA 21/05/2015 Case No. IDN 5/2015 State reply: None to date Allegation concerning “push back” policies of migrants and asylum seekers from Myanmar and Bangladesh in the Bay of Bengal. 187. The Special Rapporteur regrets that the Government of Indonesia 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. 188. The Special Rapporteur would like to draw the Government’s attention to article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), ratified by Indonesia on 28 October 1998, which provides 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. In this context, at 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 stated 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 the Resolution A/RES/61/253 of the UN General Assembly urges 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.” 189. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of Indonesia has violated the right of migrants and asylum seekers from Myanmar and Bangladesh to be free from torture or 35