A/HRC/25/60/Add.2
that prohibition to statements made as a result of cruel, inhuman or degrading treatment or
punishment, recognizing that adequate corroboration of statements, including confessions,
used as evidence in any proceedings constitutes one safeguard for the prevention of torture
and other cruel, inhuman or degrading treatment or punishment.” In view of the
irreversibility of the punishment of the death penalty, the Special Rapporteur urges the
Government to take all steps necessary to prevent the execution of Mr. 'Abbas which, if
carried out, would be inconsistent with acceptable standards of international human rights
law. The Special Rapporteur also calls on the Government to undertake a prompt,
impartial, and effective investigation of the alleged acts of torture, leading to prosecution
and punishment of the perpetrators. Moreover, the Special Rapporteur urges the
Government to set aside any conviction based on evidence obtained under torture, and
ensure that Mr. ‘Abbas obtains redress, including fair and adequate compensation, and as
full rehabilitation as possible.
(f)
JUA 21/12/2012 Case No. IRQ 7/2012 State reply: None to date Alleged religious
intolerance, arbitrary detention, summary execution, torture, and unfair trial proceedings of
the Followers of Imam Ahmed El Hassan El Yamani (al-Mahdi) group in the cities of
Najaf, Basra, and Nassiriya, Iraq.
79.
The Special Rapporteur regrets that the Government of the Republic 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 attack in January
2008 when police forces raided Basra and Nassiriya to destroy a Shi’a sanctuary for the
Followers of Imam Ahmed El Hassan El Yamani, as well as other mosques and residencies.
It was reported that 18 unarmed individuals were executed, and 378 individuals were
detained. Allegedly, the detainees were subjected to burning, electric shocks, suffocation,
and other kinds of physical and psychological abuse. In this context, the Special Rapporteur
reminds the Government of its obligation to protect the right to physical and mental
integrity of all persons, which is set forth inter alia in the UDHR, the ICCPR, and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. 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 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." The Special Rapporteur also
reminds the Government of Article 15 of the CAT, which provides that, “[e]ach State Party
shall ensure that any statement which is established to have been made as a result of torture
shall not be invoked as evidence in any proceedings, except against a person accused of
torture as evidence that the statement was made.” The Special Rapporteur additionally
draws the Government’s attention to articles 12 and 7 of the CAT, as well as paragraph 6b
of Human Rights Council Resolution 8/8, which require the competent national authorities
to undertake a prompt and impartial investigation wherever there are reasonable grounds to
believe that torture has been committed, and require State parties to hold those who
perpetrate acts of torture responsible. The Special Rapporteur calls on the Government to
undertake a prompt and independent investigation into the alleged torture and religious
intolerance perpetrated against the Followers of Imam Ahmed El Hassan el Yamani group,
leading to prosecution and punishment of the perpetrators, and to provide full redress to the
victims.
57
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