A/HRC/31/57/Add.1 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). 496. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the imminent execution of Mr. Kho Jabing has not taken place. The Rapporteur strongly urges the Government of the Singapore to protect the right of Mr. Kho Jabing to be free from torture or cruel, inhuman or degrading treatment, a jus cogens and international customary law norm codified, inter alia, in Human Rights Council Resolution 25/13 and General Assembly Resolution 68/156. 497. The Special Rapporteur calls upon the State 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 to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. Somalia JUA 16/11/15 Case No. SOM 1/2015 State Reply: None to Date Allegations concerning the situation of Mr. Abdullahi Ali, a man with a psychosocial disability who is reportedly at risk of imminent execution in the autonomous region of Somaliland, in Somalia 498. The Special Rapporteur regrets that the authorities in Somaliland have not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 499. 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 when imposed or executed under circumstances that violate 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). 500. The Special Rapporteur further recalls that the execution of persons with psychosocial disabilities is per se a violation of an existing norm of customary international law (para. 64). 501. 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). 502. The Rapporteur strongly condemns the sentence of death imposed on Mr. Ali and concludes that Somaliland, in sentencing Mr. Ali, a person suffering from a disability, to death, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the Convention Against Torture and article 7 of the International Covenant on Civil and Political Rights. 85

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