A/HRC/25/60/Add.2 perpetrators. In case that Messrs. Zaniar Moradi (or Zanyar Moradee) and Loghman Moradi (or Loqman Moradee) or one of the others have already been executed, the Special Rapporteur urges the Government of Iran to provide full redress to their next of kin. Iraq (a) JUA 29/05/2013 Case No. IRQ 2/2013 State Reply: None to date Alleged torture of Mr. Shawki Ahmad Sharif Omar, alleged use of evidence obtained through torture, and incommunicado detention after the completion of his sentence. 74. The Special Rapporteur regrets that the government of Iraq 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 torture and ill-treatment of Mr. Shawki Ahmad Sharif Omar by Iraqi officials in the Karkh Prison, Iraq, and the alleged use of evidence obtained through torture, incommunicado detention at an unknown location and arbitrary detention after the completion of his sentence. According to the information received, Mr. Omar and his pregnant wife were arrested as the result of an anonymous complaint and held incommunicado for two weeks. During the interrogation sessions, Mr. Omar was reportedly questioned about his alleged links to members of the Iraqi insurgent movement. He was repeatedly tortured by means such as electric shocks and simulations of drowning. Reportedly, he was also beaten in front of his wife and US security personnel further threatened to rape his wife in front of him. It is reported that while still being held in US-controlled facilities, he was sentenced to 15 years imprisonment for illegal entry to Iraq following an unfair trial before the Central Criminal Court on 24 June 2010. The sentence allegedly relied on statements extracted under torture from him and third persons that later withdrew their statements made in court. The unfair trial allegations stem from sporadic communications with Mr. Omar’s attorney and the sentencing hearing was scheduled three weeks early without an explanation. This change was not communicated to the attorney, preventing the attorney’s presence at this hearing. On appeal, his 15 year sentence was reduced to 7 years, and he is now being held arbitrarily beyond the 7 year sentence that has already been fulfilled. At the end of November and the beginning of December 2012, Mr. Omar was reportedly taken in for new interrogations, again about his alleged implication in terrorist networks. He was allegedly subjected to severe beatings and was threatened by security personnel that he would be transferred to a secret detention facility for even harsher treatment. On 21 May 2013, Mr. Omar was reportedly removed from his cell and taken to an unknown location. Family members contacted the prison authorities right after the transfer but were reportedly denied further information. Given the alleged previous torture, ill-treatment and threats voiced against Mr. Omar, the communication raised concerns that he was at high risk of torture and ill-treatment. In this context, the Special Rapporteur reminds the government of Iraq of paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Furthermore, article 2(2) of the CAT provides that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture. In this context, article 12 of the CAT and paragraph 7b of Human Rights Council Resolution 16/23, require the competent authorities to undertake a prompt and impartial investigation wherever there are reasonable grounds to believe that torture has been committed, and article 7 of the CAT requires State parties to prosecute suspected perpetrators of torture. In addition, paragraph 8b of Human Rights Council Resolution 16/23 reminds States that “Prolonged incommunicado detention or 53