CCPR/C/123/D/2785/2016 The complaint 3.1 The author claims that the State party would violate Mr. Humaam’s rights under article 6 of the Covenant if his death sentence were carried out, in the light of the alleged violations of his rights under article 14 of the Covenant. 3.2 The author also claims that the repeated statements by the authorities and recent legislative changes aimed at the resumption of the execution have caused an enormous amount of distress to Mr. Humaam, contrary to the prohibition on cruel, inhuman or degrading treatment or punishment under article 7 of the Covenant. State party’s observations on admissibility 4.1 In a note verbale dated 12 September 2016, the State party submitted its observations on the communication and challenged its admissibility. It asserts that the admissibility criteria have not been met and that the communication thus constitutes an abuse of the right to petition the Committee. 4.2 In its observations dated 12 September 2016, the State party submits that, prior to the present communication, the same claim was submitted to the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Therefore, the State party contends that the matter is already being considered under another procedure of international investigation and ought to be rejected under article 5 (2) (a) of the Optional Protocol. The State party further argues that domestic remedies have not been exhausted under article 5 (2) (b) of the Optional Protocol. The State party submits that, at the current stage of the proceedings, there is a mandatory mediation process between Mr. Ali’s family and Mr. Humaam, whereby the family is allowed to either exercise or relinquish the right of qisas. Since the author asserts that the family members have already written a letter stating that they will not seek to exercise their right, it is likely that they will not enforce the right. The State party contends, however, that this means this avenue is not exhausted at this point. Mediation under the regulation is mandatory, and the death penalty cannot be imposed without mediation being undertaken. 4.3 The claims regarding an unfair trial are insufficiently substantiated. With respect to the claim of a coerced confession, the State party contends that the author has presented no evidence upon which an allegation of coercion could be based. The confession was given in a public trial; therefore, it seems illogical to suggest that the confession was coerced. 4.4 Regarding the allegation that Mr. Humaam showed signs of mental illness and should have been given a psychiatric assessment, no evidence or clarification was provided to support that claim, and is therefore not substantiated. The issue of Mr. Humaam’s mental health was not raised until very late in the proceedings, and he was deemed lucid by the trial judge.2 4.5 With respect to the claim regarding an inadequate investigation, the author’s assertion that the police claimed publicly that vast sums of money had been paid for the murder and that those claims had never been refuted nor explained lacks sufficient clarity or factual support and does not establish that the investigation was incomplete. Even if a person was ordered to carry out a certain criminal act, it does not lessen the degree of his or her criminal responsibility if it is established, through a judicial process and beyond reasonable doubt, that he or she carried out the criminal act in question. In this case, it was established in a court trial, and confirmed by two levels of appeal, that Mr. Humaam was guilty of murder, and he was sentenced to death. No credible evidence was put before the 2 The mental health of Mr. Humaam is not mentioned in the judgments of the High Court or of the Supreme Court. The Criminal Court judgment of 16 January 2014 alludes to the matter only in one paragraph, stating: “Even though the defense attorney had stated that the defendant had a mental impairment since his adolescence. Subsequent to the statement by the defendant’s father, the defense of insanity has never been brought up in any of the various offences he has been charged with. Considering this, taking up the said defense in the current case makes it questionable. The defense attorney had been unable to prove to the court that the defendant suffered from mental impairment.” 3

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