CRPD/C/20/D/38/2016 substantiated his claims under articles 13 (1), 15, 16 and 25, read alone and in conjunction with article 4, of the Convention. 10.6 There being no other obstacles to admissibility, the Committee declares the communication admissible and proceeds to its examination of the merits. C. Committee’s consideration of the merits 11.1 The Committee has considered the present communication in the light of all the information that it has received, in accordance with article 5 of the Optional Protocol and rule 73 (1) of its rules of procedure. Since the State party has not submitted any observations on the merits of the communication, due weight must be given to the author’s claims insofar as they have been substantiated.16 11.2 The Committee notes the claims under article 15 of the Covenant that the author has been subjected to physical and psychological pressure since the first day of his detention by several police officers and prison officers to force him to confess guilt, and that these acts of torture have resulted in the complete loss of hearing in his right ear. The Committee recalls that, under article 15 (1) and (2) of the Convention, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment and States parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment. The Committee also recalls that, once a complaint about illtreatment contrary to article 15 has been filed, a State party must investigate the complaint promptly and impartially.17 The Committee notes that, despite clear signs that the author was tortured and the complaints by his family and representatives in this connection, the State party has not presented any information to demonstrate that its authorities have conducted an effective investigation into those specific allegations. The Committee observes that none of those allegations have been refuted by the State party. In the circumstances, the Committee decides that due weight must be given to the author’s allegations and concludes that the facts before it disclose a violation of his rights under article 15 of the Convention. 11.3 In the same way, the Committee takes note of the author’s allegation under article 16 of the Convention, according to which States parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse. The Committee notes that the State party has not contested the information concerning the author’s conditions of detention in solitary confinement, and the abuse, violence and torture he has been subjected to. The Committee recalls that persons deprived of their liberty may not be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; they must be treated in accordance with, inter alia, the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). 18 It considers that the author’s treatment while in detention violates his right to be treated with humanity and with respect for the inherent dignity of the human person, and amounts to violence and abuse, in violation of article 16 of the Convention. 11.4 The Committee further notes the author’s allegation under article 13 (1) of the Convention that (a) he was subjected to torture and forced to confess guilt, and that this confession was used by the courts to convict him and sentence him to death, despite requests by the author’s family and representative that such evidence should be suppressed because it was obtained under torture; and (b) he did not have access to a lawyer until September 2016, when he was allowed to appoint one to represent him before the Specialized Criminal Court in Riyadh, but not to have any contact with him. The Committee recalls that, according to article 13 (1) of the Convention, States parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of 16 17 18 See X v. United Republic of Tanzania, para. 8.1. See Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 14. See, for example, Human Rights Committee, Kroumi v. Algeria (CCPR/C/112/D/2083/2011), para. 8.8. 9