A/HRC/22/53/Add.4
conformity with the Convention.” Article 15 of the Convention against Torture also provides
that, “[e]ach State Party shall ensure that any statement which is established to have been
made as a result of torture shall not be invoked as evidence in any proceedings, except
against a person accused of torture as evidence that the statement was made.” In the absence
of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. Iyada
and the five other victims have been violated under the UN Convention against Torture. The
Special Rapporteur calls on the Government to undertake prompt and impartial investigation
of all allegations of torture to ensure the accountability of those responsible and to repeal
from its domestic laws the imposition of amputation as execution of a criminal sentence.
(b)
JUA 14/02/2012 Case No. SAU 2/2012 State reply: None to date Alleged arrest and illtreatment of women detainees and beating of male detainee.
117. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded
to this communication dated 14 February 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged
arbitrary arrest and detention of 35 Ethiopian Christians as a result of their peaceful exercise
of freedom of religion. The Special Rapporteur expresses grave concern regarding the alleged
ill-treatment of 29 women and Mr. Z while in detention and the detainees‟ impending
deportation. Further, grave concern is also expressed regarding the physical and mental
integrity of the aforementioned individuals and the lack of adequate medication provided to
detainees. In response to ill-treatment of the women detainees and the beating of Mr. Z, the
Special Rapporteur reiterates paragraph 1 of Human Rights Council Resolution 16/23 which
“Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States to
implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” Furthermore, the Special Rapporteur
reminds the Government that as a State Party of the United Nations Declaration on the
Elimination of Violence against Women, Article 4(c)-(d) requires States to exercise due
diligence to prevent, investigate and, in accordance with national legislation, punish acts of
violence against women, whether those acts are perpetrated by the State or by private
persons. Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur
determines that the rights of the aforementioned detainees under the UN Convention against
Torture have been violated. The Special Rapporteur calls on the Government of Saudi Arabia
to undertake a prompt, independent and effective investigation of the facts, leading to the
prosecution and punishment of the perpetrators, and to provide full redress to the victims.
(c)
JUA 09/02/2012 Case No. SAU 3/2012 State reply: None to date Alleged imminent
execution of detainee subjected to torture methods in order to obtain confessions to a
drug related offense.
118. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded
to this communication dated 9 February 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged
imminent execution of Mr. Mohamed Fahd Al Wajaan Al Shamari, who was reportedly
subjected to torture in order to obtain confessions, which were subsequently used as evidence
in proceedings. The communication also referred to alleged use of force against witnesses to
make false testimonies against Mr. Al Shamari. The Special Rapporteur expresses grave
concern regarding the death sentence against Mr. Al Shamari, especially in light of the use of
torture methods to obtain impermissible evidence. In this context, the Special Rapporteur
reiterates Article 15 of the CAT, which provides that, “[e]ach State Party shall ensure that
any statement which is established to have been made as a result of torture shall not be
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