A/HRC/31/57/Add.1 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). 395. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the execution of Shafqat Hussain already occurred. 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 Pakistan, by not taking steps to prevent the execution of Mr. Shafqat Hussain has violated his right to be free from torture or cruel, inhuman or degrading treatment. 396. The Special Rapporteur emphasizes that the execution of persons who committed their crimes while they were under 18 years of age is per se a violation of an existing norm of customary international law (para. 64). 397. 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). He calls upon the government of Pakistan to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights, ratified by the State, and articles 1 and 16 of the Convention against Torture. (d) JAL 03/06/15 Case No. PAK 4/2015 State Reply: 09/06/2015 Allegations concerning beatings, arbitrary arrest, incommunicado detention, and extraordinary rendition of Mr. Abou Elkassim Britel. 398. The Special Rapport thanks the Government of Pakistan for its reply, dated 9 June 2015, to the present communication. 399. The Special Rapporteur appreciates the Government’s indication that it has conveyed the communication to relevant domestic authorities in order to obtain factual details about the case. Nevertheless, the Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication. In particular, the reply fails to indicate whether any investigation has taken place with regard to the allegations of arbitrary arrest, beatings, incommunicado detention, and the extraordinary rendition of Mr. Elkassim Britel, 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. 400. In the absence of convincing 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 Pakistan, by failing to protect Mr. Abou Elkassim Britel’s physical and psychological integrity, and by further failing to investigate, prosecute and punish those responsible, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as codified, inter alia in articles 1, 2, 7, 12, 13, 14 and 16 of the Convention against Torture (CAT). 401. The Special Rapporteur urges the Government of Pakistan to conduct a fair and impartial investigation into the incidents and to prosecute and punish those responsible, and to provide redress to Mr. Elkassim Britel. 69