A/HRC/22/53/Add.4 (c) JUA 25/05/2012 Case No. SAU 8/2012 State reply: None to date Alleged arbitrary arrest and torture in detention of a human rights lawyer. 120. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded to this communication dated 25 May 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged arbitrary arrest and false charges brought against Mr. Ahmed El-Sayed likely as a result of his legitimate work as a human rights lawyer, as well as the use of physical and mental torture in detention. The Special Rapporteur expresses grave concern regarding the physical and psychological integrity of Mr. Ahmed El-Sayed, particularly in light of the possible imposition of the death penalty based on confessions obtained under torture. The Special Rapporteur asserts that the use of confessions extracted under torture in judicial proceedings is strictly prohibited under international law, reiterating article 15 of the Convention against Torture, 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 invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” With respect to Mr. El-Sayed‟s legitimate work as a human rights lawyer, we would like to refer to Principle 16 of the Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana, Cuba, from 27 August to 7 September 1990, which provides that “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.” With respect to the allegation of possible imposition of the death penalty, the Special Rapporteur reiterates Safeguard 5 of the UN Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty, which provides that “[c]apital punishment may only be carried out pursuant to a final judgment rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings.” Based on the information provided, the Special Rapporteur concludes that the rights of Mr. El-Sayed under the UN Convention against Torture have been violated, and calls on the Government of Saudi Arabia to set aside any conviction based on evidence obtained under torture, and ensure that Mr. El-Sayed obtains redress, including fair and adequate compensation, and as full rehabilitation as possible. The Special Rapporteur urges the Government to undertake a prompt and impartial investigation of the alleged acts of torture, leading to prosecution and punishment of the perpetrators. Furthermore, the Special Rapporteur urges the Government if it will not abolish the death penalty, to impose it only for the most serious crimes where it can be shown that there was an intention to kill, which results in the loss of life, a crime that Mr. El-Sayed is not alleged to have committed. (b) JUA 15/08/2012 Case No. SAU 10/2012 State reply: None to date Alleged torture and illtreatment while in detention, deteriorating health condition, and possible imposition of the death penalty. 121. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded to this communication dated 15 August 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged torture in detention of Mr. Ahmed El-Sayed, a human rights lawyer, and his deteriorating condition since his imprisonment. Mr. El-Sayed was the subject of an earlier urgent appeal; regrettably, no reply has yet been received. The Special Rapporteur expresses grave concern regarding 67