A/HRC/25/60/Add.2 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 wishes to recall 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 death sentences imposed on these men. 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. Malaie, Jahangir Dehghani, Jamshed Dehghani, and Ahmadi, 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. (k) JUA 11/10/2013 Case No. IRN 18/2013 State reply: None to date Alleged risk of imminent execution of an Ahwazi Arab. 71. 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 refers to the alleged imminent risk of execution of Mr. Ghazi Abbasi, member of the Ahwazi Arab minority. It was alleged that Mr. Ghazi Abbasi’s execution might be imminent given the reported practice in the Islamic Republic of Iran to transfer defendants to solitary confinement before the immediate implementation in secret of their death sentences. Mr. Ghazi Abbasi was subject of a previous communication sent to the Government of the Islamic Republic of Iran on 31 July 2013, where the Special Rapporteur had expressed serious concerns regarding his alleged torture. In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur affirms that Mr. Ghazi Abbasi was in fact tortured to make him confess to crimes and that his rights under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment have been violated. The Special Rapporteur calls on the Government to set aside any criminal conviction based on evidence obtained under torture. The Special Rapporteur reiterates his concern and urges the Government to take all steps to prevent the execution of Mr. Ghai Abbasi which, if carried out, would be inconsistent with acceptable standards of international human rights law. In case that Mr. Ghazi Abbasi has already been executed, the Special Rapporteur urges the Government of Iran to provide full redress to his next of kin. (l) AL 28/11/2013 Case No. IRN 21/2013 State reply: 24/01//2014 Alleged ongoing execution of individuals belonging to minority groups in contravention of international human rights law. 51