A/HRC/28/68/Add.1 (k) JUA 02/10/2014 Case No. IRN 19/2014 State Reply: None to date Allegations concerning the imminent execution of Mr. Seyyed Hossein Kazemeyni Boroujerdi in the Islamic Republic of Iran. 247. The Special Rapporteur regrets that the Government of the Islamic Republic 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). 248. The report alleges that Mr. Boroujerdi was sentenced to 11 years in prison and to capital punishmentfor “waging war against God” as well as endangering national security. Since Mr. Boroujerdi’s 2007 imprisonment, he has suffered from poor health due to physical abuse, poor prison conditions and other forms of torture. Mr. Boroujerdi has not had access to legal representation or medical treatment since entering prison. On October 1st, 2014, Mr. Boroujerdi was moved to an unknown location in preparation for his execution. 249. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79). 250. The Special Rapporteur has not been able to confirm whether the execution of Mr. Boroujerdi has taken place. However, he finds that in the event that the Government of the Islamic Republic of Iran fails to stop the execution of Mr. Boroujerdi, it is clearly violating his right to be free form torture or cruel, inhuman or degrading treatment as provided by articles 1 and 16 of the CAT. The Rapporteur strongly urges the Government of the Islamic Republic of Iran to refrain from executing Mr. Boroujerdi, as well as to refrain from, and abolish, the practice of executions. (l) JUA 07/10/2014 Case No. IRN 21/2014 State Reply: None to date Allegations concerning the imminent risk of execution of Ms. Reyhaneh Jabbari after a trial that did not meet fair trial and due process guarantees. 251. The Special Rapporteur regrets that the Government of the Islamic Republic 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). 252. Ms. Jabbari is in danger of being imminently executed after a trial that did not meet due process standards. Ms. Jabbari was sentenced to death after being convicted of the murder of Mr. Morteza Abdolali Sarbandi, whom Ms. Jabbari claims tried to rape her. Ms. Jabbari was allegedly tortured and forced to confess; she was not allowed adequate legal counsel during her trial. 43