A/HRC/40/67
in particular the enjoyment of economic, cultural and social rights. Positive
developments have been noted, such as the amendment to the drug trafficking law
which led to a substantial decline in executions. Nevertheless, increasing economic
challenges have intensified the grievances. These grievances may be further
exacerbated due to the recent reimposition of unilateral sanctions. Discontent has been
expressed through disparate protests by different groups across the country. The
Government has introduced some measures aimed at mitigating the economic impact
but has also increased the limits placed upon the rights to freedom of opinion,
expression, assembly, and association. In parallel, ominous developments signal an
increasingly severe State response, illustrated by the arrests of lawyers, human rights
defenders and labour activists. Their imprisonment undermines the protection of all
rights, including the right to a fair trial. This is worrying, given the pattern observed of
ill-treatment to coerce confessions during the initial investigation stage and the denial
of access to a chosen lawyer during this stage for serious offences. In the meantime, the
death penalty continues to be used extensively, including for crimes that do not entail
intentional killing.
70.
The Special Rapporteur recommends that the Government and Parliament:
(a)
Pending abolishment, remove from the scope of the death penalty any
offence other than the “most serious crimes”, which are confined to intentional killing,
and ensure that all those sentenced to death for other offences have their sentences
commuted. Amend legislation to ensure that any person sentenced to death, including
on the basis of qisas, can seek pardon or commutation from the State;
(b)
Ensure that prisoners are protected from all forms of torture and other
ill-treatment. Ensure that confessions obtained through such treatment are never
admitted as evidence against the accused;
(c)
Amend the Penal Code and the Code of Criminal Procedure to ensure that
confessions alone are not sufficient for admission of guilt;
(d)
Ensure that medical care is urgently provided to those individuals in
detention who need it, including those identified in the present report, in light of the
imminent threat to life or serious deterioration of their health. Ensure that all
individuals in custody receive adequate, prompt and regular health care, including
specialist care as needed, on the basis of their informed consent;
(e)
Ensure that deaths in custody, and allegations of violations of due process
and of ill-treatment are promptly, independently, impartially and effectively
investigated by an independent competent authority with a view to bringing those
suspected of criminal responsibility to justice in compliance with their right to a fair
trial;
(f)
Ensure that all persons accused of any crime are assured access to a
lawyer of their choosing during all stages of the judicial process, including during the
initial investigation and interrogation stage, and are provided with legal aid as needed;
(g)
Ensure that all prisoners with health conditions for whom staying in
prison would mean an exacerbation of their condition are not detained in prison, and
issue alternative sentences if there is no prospect of recovery through the full
implementation of article 502 of the Code of Criminal Procedure;
(h)
Protect the rights of all persons belonging to religious and ethnic
minorities and address all forms of discrimination against them, and release all those
imprisoned for having exercised their right to freedom of religion or belief;
(i)
Ensure that all those arrested for the peaceful exercise of their rights to
freedom of opinion, expression, assembly and association are released. Promptly report
to the families the whereabouts and situation of individuals taken into custody;
(j)
Ensure that human rights defenders, including women human rights
defenders, and lawyers and journalists are not threatened with or subjected to
intimidation, harassment, arbitrary arrest, deprivation of liberty or other arbitrary
sanction, and release all those detained in connection with their work;
17
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