A/HRC/25/60/Add.2 process guarantees. In this context, the Special Rapporteur would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons, which is set forth inter alia in the UDHR and the ICCPR. The Special Rapporteur reiterates the absolute prohibition of torture and ill-treatment, as reiterated in paragraph 1 of Human Rights Council Resolution 16/23, which “[c]ondemns 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 recalls that paragraph 7c of Human Rights Council resolution 16/23 urges States “[t]o 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 calls upon States to consider extending that prohibition to statements made a result of cruel, inhuman or degrading treatment or punishment. . . .” The Special Rapporteur also asserts that a death sentence should only be imposed for the most serious crimes. Additionally, 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 renders the punishment tantamount to torture. Under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment. He therefore recalls the absolute nature of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and urges the Government to commute the sentences to death. 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 Messrs. Amouri, Alboshoka, Alboshoka, Sha’bani Amouri, and Rashidi, which, if carried out, would be inconsistent with acceptable standards of international human rights law; to undertake a prompt, impartial, and effective investigation of the alleged acts of torture, leading to prosecution and punishment of the perpetrators; and to ensure that the aforementioned individuals obtain redress, including fair and adequate compensation, and as full rehabilitation as possible. (j) UA 26/09/2013 Case No. IRN 16/2013 State reply: None to date Alleged risk of imminent execution, torture, ill-treatment, and forced confession of four men belonging to Kurdish Sunni minority population. 70. 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 of Messrs. Kamal Malaie, Jahangir Dehghani, Jamshed Dehghani and Hamed Ahmadi, who are members of the Kurdish minority of Sunni Muslim faith. It is reported that the named individuals were arrested in 2009 after being accused of involvement in the assassination of a senior Sunni cleric and subsequently sentenced to death on charges of “enmity against God” (Moharebeh) and corruption on earth (ifsad fil-arz). At least two of the detainees were also allegedly transferred to solitary confinement cells around the time of this communication, and all four men were reportedly subject to torture and ill-treatment while in detention, forced to confess and sign papers that they were not allowed to read, and were denied access to counsel and their families before and during their trials. In this context, the Special Rapporteur expresses grave concern that the executions, if carried out, would be inconsistent with acceptable standards of international human rights law, and reiterates that the Government has the obligation to protect the right to physical and mental integrity of all persons, which is set forth, inter alia, in the UDHR and ICCPR. The Special Rapporteur reiterates the absolute prohibition of torture and ill-treatment, as reiterated in paragraph 1 of Human Rights Council Resolution 16/23, which “Condemns all forms of torture and other 50

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