A/HRC/25/60/Add.2 (d) UA 21/08/2013 Case no. IND 10/2013 State reply: 29/08/2013 Allegations regarding the risk of imminent execution of Devender Pal Singh Bhullar. 59. The Special Rapporteur thanks the government of India for its reply, dated 29 August 2013, to this communication in reference to the alleged risk of imminent execution of Devender Pal Singh Bhullar.. The communication referred to Mr. Devender Pal Singh Bhullar. Mr. Bhullar is the subject of two previous communications sent to the Government of India on 10 June 2011 and 5 June 2013, to which the Government responded on [date]. It was reported that on 14 August 2013 the Supreme Court of India dismissed the review petition on the case of Mr. Bhullar, which included a request to commute his death sentence. Mr. Bhullar was reportedly at risk of imminent execution. The Special Rapporteur reminds the Government that the execution of Mr. Bhullar would constitute a violation of international human rights law. The Special Rapporteur also reminds the Government of the international duties of the Government as mentioned in previous communications, with particular regard to the international human rights law provisions on stringent respect of due process and fair trial guarantees in cases of the death penalty, prohibition to impose the capital punishment against individuals with psycho-social disabilities, and prohibition of torture and ill-treatment. Iran (Islamic Republic of) (a) JUA 09/01/2013 Case No. IRN 1/2013 State reply: 12/08/2013 Alleged imminent execution of members of the Kurdish community. Death penalty was upheld by both the Supreme Court and the court of appeal in 2011 through forced confessions and torture. 60. The Special Rapporteur thanks the government of Iran for its reply, dated 12 August 2013, to this communication in reference to the alleged imminent execution of members of the Kurdish community following affirmation by the Supreme Court despite reports of forced confessions and torture. The communication referred to alleged risk of imminent execution of Mr. Zaneyar Moradee and Mr. Loghmun Moradee, both members of the Kurdish community. They were reportedly charged with enmity against God (Moharebeh) and corruption on earth (Fisad-fil-arz) for allegedly murdering the son of Marivan Friday Imam in Kurdistan province in July 2009. Mr Zaneyar and Mr Loghmun were also convicted of participating in armed activities of Komala, a Kurdish opposition group, and their death sentence was upheld by both the Supreme Court and the Court of Appeal in 2011. Allegedly, the two individuals were subjected to torture and physical assault including lashing, beating, vulgar insults and threat with sexual violence aimed to extracting confession. This case has been the subject of previous communications by the Special Procedures of the Human Rights Council and the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran also publicly raised serious concerns about the death penalty following unfair trial, torture and other allegations of physical violence. In this context, the Special Rapporteur reiterates paragraph 7c of Human Rights Council Resolution 16/23, which urges States “To ensure that no statement established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, and which calls upon States to consider extending 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.” The Special Rapporteur calls on the Government to undertake a prompt and independent investigation into the alleged imminent execution of Mr. Zaneyar Moradee and Mr. Loghmun Moradee, whose guilt was reportedly basedon 42