A/HRC/19/61/Add.4 death row of Mr. Devender Pal Singh and Mr. Mahendra Nath Das. In this regard, the Special Rapporteur reiterates that long periods of time spent awaiting execution, combined with other aggravating circumstances, may lead to severe deterioration of mental and physical health. With respect to the allegation that the statement made by Mr. Singh extorted under pressure was not excluded from judicial proceedings, the Special Rapporteur recalls that paragraph 7(c) of Human Rights Council Resolution 16/23 urges States “[t]o ensure that no statement established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, and calls upon States to consider extending that prohibition to statements made as a result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate corroboration of statements, including confessions, used as evidence in any proceedings constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur is concerned that the rights of Mr. Singh and Mr. Das under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment have been violated. (c) JAL 22/07/2011 Case No. IND 15/2011 State reply: 26/07/2011 Alleged rape of 14 yearold girl by four members of the security forces. 67. The Special Rapporteur is grateful that the Government of India acknowledged receipt of the communication dated 22 July 2011 regarding the alleged gang rape by four members of the security forces of a 14 year-old girl. The Special Rapporteur calls on the Government to undertake a prompt and impartial investigation and ensure that the child victim obtains full redress. The Special Rapporteur looks forward to receiving substantive information regarding the results of any investigation, medical examination or other queries which have been carried out in relation to the case. (d) JAL 15/09/2011 Case No. IND 17/2011 State reply: 19/09/2011 Alleged abduction and gang rape of a woman by the military. 68. The Special Rapporteur thanks the Government for its acknowledgment of receipt of the communication dated 15/09/2011 concerning the alleged gang rape of Ms. X by two army personnel. He would like to draw the attention of the Government of India to article 4 (c) and (d) of the United Nations Declaration on the Elimination of Violence against Women, which notes the responsibility of states to exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons. The Special Rapporteur encourages the Government to submit information about the results of any investigation carried out in relation to this case. (e) JAL 02/09/2011 Case No. IND 18/2011 State reply: 16/09/2011 Alleged deaths in custody. 69. The Special Rapporteur is grateful that the Government of India acknowledged receipt of the communication dated 2 September 2011 concerning the death of Messrs. Nazim Rashid Shalla, Saidul Mondal and Salam Sanjoy. He would like to emphasize that in order to overcome the presumption of State responsibility for a death resulting from injuries sustained in custody, there must be a “thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances” (Principle 9 of the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions). The Special Rapporteur looks forward to receiving substantive information about, in particular, the results of any investigations, judicial or other inquiries carried out in relation to these cases. 30