A/HRC/31/57/Add.1
cruel, inhuman or degrading treatment, as provided by article 3 of the CAT by
implementing a “push back” policy that effectively denies intending immigrants a fair
opportunity to state a claim.
190. The Special Rapporteur strongly urges the Government of Indonesia not to
implement any policies that may result in migrants and asylum seekers being returned to a
country where they may face violence, persecution, torture or other cruel, inhuman or
degrading treatment or punishment or other serious human rights violations.
Iran (Islamic Republic of)
(a)
JUA 24/03/2014 Case No. IRN 4/2014 State Reply: 30/06/2014 and 21/04/2015
Allegations concerning the deteriorating health of Mr. Mohammad Reza Pourshajari,
who has been in prison since 2010.
191. The Special Rapporteur thanks the Government of the Iran for its replies, dated 30
June 2014 and 21 April 2015, to the present communication. The Rapporteur takes note of
the information provided that the general condition of health of Mr. Mohammad Reza
Pourshajari is satisfactory and his health condition is under control but finds that the reply
does not sufficiently address the concerns, legal obligations, and questions raised in the
initial communication.
192. The Special Rapporteur draws the attention of the Government to the UN Standard
Minimum Rules for the Treatment of Prisoners (reviewed on 5 November 2015 and
renamed the “Mandela Rules”) and in particular Rule 27(1) provides that, all prisons shall
ensure prompt access to medical attention in urgent cases. Prisoners who require
specialized treatment or surgery shall be transferred to specialized institutions or to civil
hospitals. Where a prison service has its own hospital facilities, they shall be adequately
staffed and equipped to provide prisoners referred to them with appropriate treatment and
care.
193. The Special Rapporteur also reminds the State of Iran that the Committee against
Torture and the Human Rights Committee have consistently found that conditions of
detention can amount to inhuman and degrading treatment. The Special Rapporteur also
encourages the Government to continue its engagement with the mandate and to provide
full details of the health conditions of Mr. Mohammad Reza Pourshajari.
(b)
JUA 02/10/2014 Case No. IRN 19/2014 State Reply: 09/02/2015 Allegations concerning
the imminent risk of execution and torture and other ill-treatment, arbitrary arrest
and detention, including in solitary confinement, and denial of due process of Mr.
Sayyed Hossein Kazemeyni Boroujerdi.
194. The Special Rapporteur thanks the Government of Iran for its reply, dated 09
February 2015, to the present communication.
195. The Rapporteur acknowledges the account of the Government in response to the
concerns, legal obligations and questions raised in the initial communication. He welcomes
the information provided by the Government according to which Mr. Hossein Kazemayni
Boroujerdi was arrested on charges of acting against the internal security of the state,
afforded due process and sentenced to 11 years of imprisonment following his conviction
(confirmed by Appeals Court). The Special Rapporteur in particular welcomes the
information that Mr. Boroujerdi has not been sentenced to death. The Rapporteur however
regrets the lack of information in the State’s reply on the allegations of torture and other illtreatment, arbitrary arrest and detention, including solitary confinement.
196. The Special Rapporteur urges the Government of Iran to comply with its obligation,
under international customary law, to investigate, prosecute and punish all acts of torture
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