A/HRC/31/57/Add.1
259. The Rapporteur takes note of the information provided by the Government that Dr.
Taheri was arrested and prosecuted according to applicable Islamic law. However, no
information was given as to the state of health or place of detention of Dr. Taheri. The
Rapporteur finds that the Government, in its reply, does not sufficiently address the
concerns, legal obligations, and questions raised in the initial communications, which
prompts him to infer that the Government fails to fully and expeditiously cooperate with the
mandate issued by the Human Rights Council in its resolution 25/13.
260. In the Rapporteur’s 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 of Solitary Confinement, as the physical and social
isolation of individuals who are confined in their cells for 22 to 24 hours a day. He
observed that while solitary confinement for short periods of time may be justified under
certain circumstances, with adequate and effective safeguards in place, the use of prolonged
(in excess of 15 days under conditions of total isolation) or indefinite solitary confinement
may never constitute a legitimate instrument of the State, as it may cause severe mental and
physical pain or suffering, a point which has been reiterated in paragraph 28 of the General
Assembly resolution 68/156. Prolonged or indefinite solitary confinement runs afoul of the
absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack
of witnesses inside the prison, solitary confinement may also give rise to other acts of
torture or ill-treatment.
261. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above, and thus, that the Government has subjected Dr. Taheri to prolonged solitary
confinement and failed to protect his health and physical and psychological integrity by
denying him proper medical attention, and has thus violated his right to be free from cruel,
inhuman or degrading treatment.
262. The State is urged to take all necessary interim measures to ensure the full protection
of Dr. Mohammed Ali Taheri against any violation of his human rights, including the
commutation of his death penalty.
(q)
JUA 29/10/2015 Case No. IRN 20/2015 State Reply: None to date Allegations concerning
the alleged arbitrary detention and continued harassment of three artists, Ms.
Fatemah Ekhtesari, Ms. Mehdi Moosavi and Ms. Atena Farghadani and also the poor
treatment of detained human rights activist, Ms. Narges Mohammadi.
263. 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 Resolution 25/13.
264. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above, and is therefore of the view that the Government of Iran, by failing to protect the
physical and psychological integrity of Ms. Fatemah Ekhtesari, Ms. Mehdi Moosavi, Ms.
Atena Farghadan, and Ms. Narges Mohammadi, facilitates the perpetration of torture, and
other cruel and inhuman or degrading treatment or punishment as provided for, inter alia,
Article 2 and 16 of the Convention Against Torture (CAT).
(r)
46
JUA 11/11/2015 Case No. IRN 21/2015 State Reply: None to date Allegations concerning
the alleged torture, denial of due process and fair trial of juvenile offenders, of
Messrs. Mohammad Ali Zehi and Milad Azimi; and the alleged torture, denial of due
process and fair trial, and impending execution of Mr. Shahram Ahmadi
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents