A/HRC/28/68/Add.1
sentenced to execution without due process of law, has violated their right to be free from
torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the
CAT. He urges to government of Iran to commute their death sentences and to bring them
out of solitary confinement, as well as to investigate and prosecute State agents responsible
for their mistreatment.
(i)
JUA 14/07/2014 Case No. IRN 13/2014 State Reply: None to date Allegations concerning
the imminent execution of Messrs. Hamed Ahmadi, Shahram Ahmadi, Alam
Barmashti, Jahangir Dehghani, Jamshid Dehghani, Seyed Shaho Ebrahimi, Varia
Ghaderifard, Mohammad Gharibi, Seyed Abdol Hadi Hosseini, Farzad Honarjo,
Mohammad Keyvan Karimi, Taleb Maleki, Kamal Molaee, Pouria Mohammadi,
Keyvan Momenifard, Sedigh Mohammadi, Seyed Jamal Mousavi, Teymour
Naderizadeh, Farshid Naseri, Ahmad Nasiri, Borzan Nasrollahzadeh, Idris Nemati,
Omid Peyvand, Bahman Rahimi, Mokhtar Rahimi, Mohammadyavar Rahimi,
Abdorahman Sangani, Amjad Salehi, Behrouz Shahnazari, Arash Sharifi, Kaveh
Sharifi, Farzad Shahnazari, and Kaveh Veysi, all Kurdish Sunni Iranians.
239. The Special Rapporteur regrets that the Government of Iran has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT).
240. It is alleged that between 2009 and 2010, thirty-three Kurdish Sunni men were
detained, subjected to substantial physical and psychological torture including mock death
and months of solitary confinement, and were sentenced to death. The death sentences of
eight of the thirty-three men, Messers. Hamed Ahmadi, Jameshed Dehghani, Jahangir
Dehghani, Komal Molaye, Seyed Jamal Mousavi, Abdorahman Sangani, Sedigh
Mohammadi and Seyed Hadi Hosseini, have been sent to The Office for the
Implementation of Sentences. The other twenty-five men, one of whom, Mr. Borzan
Nasrollahzadeh, is reported to have been a minor at the time of his alleged crime, remain on
death row, pending review by the Supreme Court.
241. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment defined solitary confinement, in accordance with the Istanbul Statement on the
Use and Effects Solitary Confinement, as the physical and social isolation of individuals
who are confined in their cells for twenty-two to twenty-four hours a day. Due to clearly
documented harmful mental health effects of solitarily confinement, it may only be used
where absolutely necessary for as short a time as possible. Additionally, Paragraph 6 of
General Comment No. 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 of the ICCPR.
242. The thirty-three execution sentences were reportedly ordered without allowing any of
the men access to a lawyer. Article 5 of the United Nations Safeguard Protecting the Rights
of those Facing Death Penalty states that capital punishment may only be imposed
following trials that scrupulously respect the guarantees of due process and fair trial as
stipulated in international human rights law. Article 6(2) of the ICCPR provides that
countries which have not abolished the death penalty may only impose it for the most
serious crimes. Additionally, article 6 (4) of the ICCPR establishes that anyone sentenced to
death shall have the right to seek pardon or commutation of the sentence. Furthermore, any
judgment imposing the death sentence and execution of juvenile offenders is incompatible
with the international legal obligations undertaken under Iran’s Government under various
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents