A/HRC/34/54/Add.3 sentencing Mr. Ali to death following a trial and appeal process that failed to meet international standards on fair trial and due process, including failure to safeguard fundamental rights under the Constitution of Bangladesh; lack of fairness and transparency; lack of separation between the executive and the judiciary; lack of independence and impartiality of the judiciary; lack of independence of the prosecutor; widespread allegations of prosecutorial and judicial misconduct; repeated failure to investigate allegations of perverting the course of justice; explicit exclusion of domestic criminal procedural rules; and failure to properly define the crimes, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by Article 6(2) and 7 of the International Covenant on Civil and Political Rights (ICCPR) and articles 1, 2, and 16 of Convention against Torture (CAT). 50. 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 if 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). 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). 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). 51. The Special Rapporteur strongly urges the Government of Bangladesh to refrain from executing Mr. Ali and to abolish the practice of executions in general. Belarus JUA 25/08/2016 Case No. BLR 1/2016 State Reply: 21/09/2015 Allegations concerning the imminent extradition of Mr. Chary Annamuradov, a Swedish and Russian citizen, from Belarus to Turkmenistan, where he risks being subjected to ill-treatment and torture. 52. The Special Rapporteur thanks the Government of the Republic of Belarus for its reply, dated 21 September 2016, to the present communication. 53. The Special Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations, and questions raised in the initial communication. He welcomes the information provided by the Government according to which, the General Prosecutor’s Office refused the extradition of Mr. Annamuradov, who was consequently released from custody, and reportedly returned to Sweden. 54. The Special Rapporteur welcomes the decision of the Government of the Republic of Belarus to refrain from extraditing Mr. Annamuradov and thereby comply with article 3 of the Convention against Torture (CAT). The Rapporteur encourages the Government to continue its engagement with the mandate. 14