A/HRC/31/57/Add.1 imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. (d) JUA 30/09/2015 Case No. SAU 5/2015 State Reply: None to date Allegations concerning the risk of imminent execution of Mr. Husain Abu al Khair, a Jordanian national sentenced to death for drug trafficking by a Saudi court. 474. The Special Rapporteur regrets that the Government of Saudi Arabia 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. In particular the letter expressed grave concerns regarding the use of the death penalty that may be carried out against Mr. Husain Abu al Khair, who has been convicted for drug trafficking, an offense that does not meet the threshold of “most serious crimes” that would allow the imposition of the death penalty under current international law. 475. 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). 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). 476. 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 Saudi Arabia, by seeking to execute the death penalty for offenses that do not reach the threshold of “the most serious crimes” has violated Mr. Husain Abu al Khair right to be free from torture or cruel, inhuman or degrading treatment. 477. 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 reminds the government of Saudi Arabia that international law establishes the absolute and non-derogable prohibition of torture and other ill-treatment as codified in articles 2 and 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).With regard to sentences imposing the death penalty, the report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/67/279) calls upon retentionist States to rigorously observe the restrictions and conditions imposed by articles 1 and 16 of the CAT. (e) JUA 21/09/2015 Case No. SAU 6/2015 State Reply: 28/12/2015 Allegations concerning the imminent risk of execution of Ali Mohammed al-Nimr, a Saudi national sentenced to death by the Saudi Specialized Criminal Court (SCC) 478. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated 28 December 2015, to the present communication. 479. He regrets that, as of the drafting of this report, no official translation is available to the Government’s reply. The Rapporteur will make his views on the case known later on, after being able to read an English version of the reply. 81