A/HRC/34/54/Add.3
intelligence officials and a trial that failed to meet international standards of fair trial
and due process, 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).
264. 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). Furthermore, any judgment imposing the death
sentence on juvenile offenders violates and already existing and binding norm of
customary international law. In addition, such death sentences amount to cruel,
inhuman and degrading punishment, which is prohibited inter alia in the CAT, and
violate the Government’s obligation under article 37(a) of the Convention on the Rights
of the Child (CRC) to refrain from imposing the death penalty for offences committed
by persons below 18 years of age.
265. 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 render the punishment
tantamount to torture and that under many other, less severe conditions, it still amounts
to cruel, inhuman or degrading treatment (para. 75).
266. The Special Rapporteur strongly urges the Government of the Islamic Republic of
Iran to refrain from carrying out death sentences, particularly against minors, to abolish
the practice of executions altogether, and to rigorously observe the restrictions and
conditions imposed by article 7 of the International Covenant on Civil and Political
Rights.
Israel
JUA 23/12/2015 Case No. ISR 10/2015 State Reply: None to date Allegations of
arbitrary arrest and detention and the solitary confinement of Palestinian human
rights defender Mr. Judeh Deeb Ibrahim Jamal along with two colleagues, Ms.
Najwan Odeh and Mr. Fadi Mansra.
267. The Special Rapporteur regrets that the Government of Israel 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.
268. 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 therefore that the Government of Israel, by employing solitary
confinement against Mr. Judeh, Ms. Najwan and Mr. Mansra, for more than 33 days,
has violated their rights to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1, 2, and 16 of the Convention against Torture.
51
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents