A/HRC/25/60/Add.2
67.
The Special Rapporteur regrets that the Government of the Islamic Republic of Iran
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the alleged risk of
imminent execution of Messrs. Ghazi Abbasi, Abdul-Reza Amir-Khanafereh, Abdul-Amir
Mojaddami, and Jasim Moghaddam Payam, members of the Ahwazi Arab minority,
following proceedings in violation of their right to fair trial, due process guarantees and not
to be subject to torture or cruel, inhuman or degrading treatment or punishment.
Additionally, Messrs. Shahab Abbasi, Sami Jadmavinejad, and Hadi Albokhanfarnejad,
also members of the Ahwazi Arab minority, are allegedly imprisoned in violation of their
right to fair trial, due process guarantees, and not to be subject to torture or cruel, inhuman
or degrading treatment or punishment. It is reported that on 15 August 2012, Branch 1 of
the Revolutionary Court of Ahwaz, the capital of Khuzestan province, found the seven men
guilty of charges of moharebeh (“enmity against God”) and ifsad fil-arz (“corruption on
earth”). The seven individuals were allegedly accused of the murders of a police officer and
a conscripted soldier. The Revolutionary Court reportedly found that the defendants had
established a “separatist ethnic” group that “used weapons and engaged in shooting in order
to create fear and panic and disrupt public security”. Messrs. Abbasi, Amir-Khanafereh,
Mojaddami, and Payam were sentenced to death, and Messrs. Shahab Abbasi, Sami
Jadmavinejad, and Hadi Albokhanfarnejad, were sentenced to three years in prison. In
February 2013, Branch 32 of Iran’s Supreme Court reportedly upheld the sentences
pronounced in each case. According to the information received, the proceedings against
the seven men were conducted in violation of their rights to a fair trial and due process. The
accused were reportedly held in incommunicado pre-trial detention for months, subjected to
torture and ill-treatment for the purpose of extracting confessions, and denied full access to
a defense lawyer. Both the Revolutionary Court and Supreme Court judgments reportedly
acknowledge that some of the defendants retracted their confessions during the trial,
claiming that they had been extracted under physical and psychological torture; however,
the judgments do not acknowledge the validity of those retractions. There is allegedly no
record of any investigation into the allegations of torture or ill-treatment. In this context, the
Special Rapporteur recalls that, as stated in his report to the General Assembly (A/67/279; 9
August 2012), the Special Rapporteur finds that even if the emergence of a customary norm
that considers the death penalty as per se running afoul of the prohibition of torture and
cruel, inhuman or degrading treatment is still under way, most conditions under which
capital punishment is actually applied render the punishment tantamount to torture. Under
many other, less severe conditions, it still amounts to cruel, inhuman or degrading
treatment. Due to the lack of information provided by the Government, the Special
Rapporteur concludes that Messrs. Ghazi Abbasi, Abdul-Reza Amir-Khanafereh, AbdulAmir Mojaddami, and Jasim Moghaddam Payam, Shahab Abbasi, Sami Jadmavinejad, and
Hadi Albokhanfarnejad have been imprisoned in violation of their right to fair trial, due
process guarantees, and not to be subject to torture or cruel, inhuman or degrading
treatment or punishment and that the Government did not live up to its obligation to
investigate the allegations of torture or ill-treatment. The Special Rapporteur also reiterates
that no exceptional circumstances whatsoever can be invoked to justify torture by the
Government and that therefore the rights of Messrs. Ghazi Abbasi, Abdul-Reza AmirKhanafereh, Abdul-Amir Mojaddami, and Jasim Moghaddam Payam, Shahab Abbasi, Sami
Jadmavinejad, and Hadi Albokhanfarnejad have been violated.
(h)
UA 22/08/2013 Case No. IRN 13/2013 State reply: None to date Alleged risk of imminent
execution, torture, ill-treatment, forced confession, and denial of medical care.
68.
The Special Rapporteur regrets that the Government of Iran has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged risk of imminent execution and
grave threats to the health of Dr. Mohammad Ali Taheri, an honorary doctor and author of
48
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents