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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