A/HRC/22/53/Add.4 obligations to Article 6(2) of the International Covenant on Civil and Political Rights, which states that “in countries which have not abolished the death penalty,” the “sentence of death may be imposed only for the most serious crimes.” The Special Rapporteur reminds the Government that corporal punishment can amount to cruel, inhuman or degrading punishment or even torture, which is provided in the Resolution 2005/39 of the Commission on Human Rights and that the State is obliged to exclude evidence obtained under torture from criminal proceedings against the defendant. Moreover, the Special Rapporteur expresses concern regarding the allegation that the man co-accused of the same charges was released after denying them. In this context, the Special Rapporteur reminds the Government of its legal obligations to ensure equality between men and women in the enjoyment of all civil and political rights, including the right to life and the right not to be subjected to torture or to cruel, inhuman or degrading punishment. Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Ms. Intisar Sharif Abdallah under the international law have been violated. The Special Rapporteur calls on the Government of the Republic of Sudan to eliminate the imposition of the death penalty, and if the Government must impose the death penalty, to do so only in cases where it can be shown that there was an intention to kill which resulted in loss of life. (c) JUA 08/06/2012 Case No. SDN 3/2012 State reply: 26/06/2012 & 03/07/2012 Alleged incommunicado detention and reported beating until detainee went into a coma. 126. The Special Rapporteur thanks the Government of the Republic of Sudan for its response to this communication regarding alleged incommunicado detention of Mr. Bushra Gamar Hussein, where he was reportedly beaten until he went into a coma. The Special Rapporteur expresses grave concern in light of Mr. Hussein‟s deteriorating health, which has been worsened by stress and trauma allegedly caused by the physical and racial abuse suffered during his incommunicado detention. In its latest reply, the Government disclosed that Mr. Hussein was released because of the insufficiency of the evidence, and the case is now closed. Regrettably, the Government‟s response fails to substantively address any of the specific allegations of ill-treatment and torture contained in the joint urgent appeal. In this context, the Special Rapporteur asserts that the Government has an obligation to protect the right to physical and mental integrity of all persons. The Special Rapporteur therefore recalls paragraph 1 of Human Rights Council Resolution 16/23 which “[c]ondemns 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.” Moreover, the Special Rapporteur reiterates General Comment No. 14 of the Committee on Economic, Social, and Cultural Rights, which holds that “States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including prisoners or detainees, minorities, asylum seekers and illegal immigrants, to preventive, curative and palliative health services.” Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. Bushra Gamar Hussein under international law have been violated. The Special Rapporteur calls on the Government to undertake a prompt and independent investigation, leading to prosecution and punishment of the perpetrators, and to provide full redress to Mr. Hussein. The Special Rapporteur urges the Government of the Republic of Sudan to eliminate the practice of incommunicado detention. He encourages the Government to continue its engagement with the mandate. 70