A/HRC/28/68/Add.1
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).
228. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Iran, by failing to protect the physical and psychological
integrity of Ms. Rayhaneh Jabbari, exclude evidence obtained under torture or ill-treatment,
and take steps to prevent her execution, has acted in discordance with article 15 of the
CAT, and violated her right to be free from torture and other cruel, inhuman or degrading
treatment or punishment as provided by articles 1 and 16 or the CAT.
229. It has from other hand come to the attention of the Special Rapporteur, that Ms.
Rayhaneh Jabbari was executed on 25 October 2014. The Rapporteur strongly condemns
the execution and calls on the Government of Iran to undertake a prompt, impartial, and
effective investigation of the alleged acts of torture, prosecute and punish the responsible
for those acts, and to provide redress to the victim’s family for the torture and execution of
Ms. Rayhaneh Jabbari.
(g)
JUA 11/06/2014 Case No. IRN 9/2014 State Reply: None to date Allegations of acts of
intimidation and reprisals in the form of the ill-treatment of detainees, including six
human rights defenders detained in Evin prison.
230. 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).
231. It is alleged that Messrs. Omid Behrouzi, Behnam Ebrahimzadeh, Mohammad
Sadiq Kabudvand, Sa’id Metinpour, Hossein Ronaghi-Maleki, and Abdolfattah Soltani,
detainees in Evin prison, were beaten, placed in solitary confinement, and deprived of
adequate medical treatment. Additionally, Mr. Mentipour was reportedly forced to
strip naked and undergo head shaving, and Mr. Soltani was handcuffed and forced to
undergo head shaving. These allegations are especially concerning given that the illtreatment may have been an act of reprisal due to the engagement of the men with the
United Nations and its human rights mechanisms.
232. 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. It has been
convincingly documented on numerous occasions that solitary confinement may cause
serious psychological and sometimes physiological ill effects. When the element of
psychological pressure is used on purpose as part of isolation regimes such practices
become coercive and can amount to torture. Moreover, solitary confinement places
individuals very far out of sight of justice, exacerbating abusive practices such as arbitrary
detentions.
233. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
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