A/HRC/34/54/Add.3 jeopardizing their right to health and their ability to protect themselves and others from HIV transmission, which constitutes a further violation of article 16 of the CAT. 168. The Special Rapporteur would like to remind the Government that States are urged to conduct a fair and impartial investigation into incidents in violence use of pe that has resulted in LGBT persons being afraid to buy and carry prophylactws that trap them in abusive circumstances.”h(A/HRC/7/3, para. 10) Furthermore, “[a] clear link exists between the criminalization of LGBT persons and homophobic and transphobic hate crimes, police abuse, community and family violence and stigmatization.”A(A/HRC/19/41, para. 15) 169. The Special Rapporteur strongly urges the Government of Indonesia to protect the right of the LGBT community to be free from torture or cruel, inhuman or degrading treatment, and to repeal this law which increases the risk of torture and ill-treatment of LGBT persons. JUA 13/05/2016 Case No. IDN 5/2016 State Reply: None to date Alleged imminent execution by firing squad of Mr. Agus Hadi, Mr. Pujo Lestari, Mr. Humphrey Jefferson Ejike Eleweke, and at least 8 other individuals based on convictions for drug trafficking. 170. The Special Rapporteur regrets that the Government of Indonesia has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 171. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the government of Indonesia, by applying the death penalty to Mr. Hadi, Mr. Lestari, and Mr. Ejike, who, may not have been convicted of “most serious crimes,” and announcing their imminent execution, has failed to protect the physical and psychological integrity of these individuals and violated their right to be free from torture and cruel, inhuman or degrading punishment as provided for by articles 1, 2, and 16 of the Convention against Torture (CAT), and article 6(2) of International Covenant on Civil and Political Rights (ICCPR). 172. As observed by the Special Rapporteur in his 2012-report to the General Assembly, 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 under such prohibition, is developing into a norm of customary, if it has not already done so (A/67/279, para. 74). Even if this is 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 (A/67/279, para. 75). 173. It has come to the attention of the Special Rapporteur that Mr. Ejike was executed on the 29 July 2016 by firing squad at Nusakambangan Prison Island. The Special Rapporteur stated in his thematic report on the death penalty that even though execution by firing squad is considered to be the fastest method of execution, such “executions conducted in public often expose convicts to undignified and shameful displays of contempt and hatred” (A/67/279, para. 40). He further noted that “even if the required safeguards are in place, all methods of execution currently used can inflict inordinate 34