A/HRC/25/60/Add.2
62.
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 Mr. Saeed
Abedinigalangashi’s alleged four week solitary confinement and subjugation to three
months of a constantly lit cell with a brief glimpse of sunlight once a week. It is also
alleged that Mr. Abedinigalangashi has been beaten while in detention. The detention is in
response to alleged charges of national security related issues, despite a past arrest for
alleged organizing of house churches in Iran, verbally accused of converting to Christianity,
converting and baptizing other Muslim converts, and conducting conferences and
leadership training. He was reportedly informed in 2009 that he could continue his
Christian activities outside of Iran, but nevertheless was arrested in 2012 for what is
concerned to be related to his past leadership in the “house church” movement. In this
context, the Special Rapporteur reiterates 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 nonderogable prohibition of torture and
other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur also
reminds the Government with regard to the alleged use of solitary confinement during the
initial phase of the detention that paragraph 6 of General Comment 20 of the Human Rights
Committee states that prolonged solitary confinement of the detained or imprisoned person
may amount to acts prohibited by article 7 [on the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment] of the International Covenant on Civil and
Political Rights. In this regard, the Special Rapporteur would like to reiterate article 7 of the
Basic Principles for the Treatment of Prisoners, which provides that “efforts addressed to
the abolition of solitary confinement as a punishment, or to the restriction of its use, should
be undertaken and encouraged”. The Special Rapporteur calls on the Government to
undertake a prompt and independent investigation into the alleged beating and solitary
confinement of Mr. Saeed Abedinigalangashi on alleged national security charges, leading
to prosecution and punishment of the perpetrators of the torture, and provide full redress to
the victim.
(d)
JAL 28/06/2013 Case No. IRN 9/2013 State reply: None to date Allegations concerning
the revised Islamic Penal Code which provides for the use of the death penalty for
some non-violent acts and discriminates against women and religious minorities.
63.
The Special Rapporteur regrets that the Government of the Islamic Republic of Iran
has not responded to this communication dated 28 June 2013, thereby failing to cooperate
with the mandate established by the Human Rights Council. The communication regarded
the revised Islamic Penal Code (IPC), which was approved by the Parliament and
subsequently signed by the President on 1 June 2013, it allegedly provides for the use of the
death penalty for some non-violent acts and also discriminates against women and religious
minorities. Additionally, it allegedly retains stoning as punishment and provides for the
death penalty for sodomy; for the non-Muslim party in same-sex relations, insulting the
Prophet Mohammad; possessing or selling illicit drugs, theft for the fourth time, Moharebeh
(enmity against God) and Fisad-fil-arz (corruption on earth). The Code also incorporates
diverse corporal punishments inter alia, amputation, flogging and crucifixion. The Special
Rapporteur recalls his interim report (A/67/279) in which he makes clear that stoning,
hanging, and all forms of corporal punishment constitutes cruel, inhuman and degrading
forms of treatment and punishment and are thereby contrary to paragraph 1 of its
Resolution 16/23, the Human Rights Council 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-
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