CRPD/C/20/D/38/2016*

United Nations

Convention on the Rights
of Persons with Disabilities

Distr.: General
24 October 2018
Original: English

Committee on the Rights of Persons with Disabilities

Views adopted by the Committee under article 5 of the
Optional Protocol, concerning communication
No. 38/2016**, ***
Communication submitted by:

Munir al Adam (represented by counsel, the
European-Saudi Organization for Human Rights
and the Americans for Democracy and Human
Rights in Bahrain)

Alleged victim:

The author

State party:

Saudi Arabia

Date of communication:

5 May 2016 (initial submission)

Document references:

Decision taken pursuant to rule 70 of the
Committee’s rules of procedure, transmitted to
the State party on 24 July 2014 (not issued in
document form)

Date of adoption of Views:

20 September 2018

Subject matter:

Torture resulting into disability; imposition of a
death sentence after an unfair trial

Procedural issues:

Admissibility — valid power of attorney; another
procedure of international investigation or
settlement; exhaustion of domestic remedies;
lack of substantiation

Substantive issues:

Death penalty; torture and ill-treatment resulting
in worsening of pre-existing disability; right to
gain access to medical treatment while in
detention; incommunicado detention; right to a
fair hearing by an independent and impartial
tribunal; right to legal representation

Articles of the Convention:

4, 13 (1), 15 (1), 16 (1) and (4), and 25 (b)

Article of the Optional Protocol:

2

* Reissued for technical reasons on 18 January 2019.
** Adopted by the Committee at its twentieth session (27 August–21 September 2018).
*** The following members of the Committee participated in the examination of the communication:
Danlami Umaru Basharu, Monthian Buntan, Imed Eddine Chaker, Theresia Degener, Jun Ishikawa,
Samuel Njuguna Kabue, Hyung Shik Kim, Stig Langvad, Lászlo Gábor Lovaszy, Robert George
Martin, Martin Babu Mwesigwa, Coomaravel Pyaneandee, Jonas Ruskus and Damjan Tatić. Pursuant
to Rule 60 (1) (c) of the Committee’s rules of procedure, Ahmad al Saif did not participate in the
examination of the present communication.

GE.18-17710(E)

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