A/HRC/31/57/Add.1 regards to the present case, the Special Rapporteur recalls article 7 of the International Covenant on Civil and Political Rights (ICCPR), paragraph 5 of General Comment No. 20 of the Human Rights Committee, and paragraph 7a of Resolution 8/8 of the Human Rights Council. (n) JAL 29/10/2015 Case No. IRN 16/2015 State Reply: None to date Allegations concerning the execution of Mr. Behrouz Alkhani. 253. 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. 254. 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 if imposed or executed in circumstances that violate 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). In addition, he calls upon retentionist States to end the practice of executions with little or no prior warning given to condemned prisoners and their families (para. 80 (c)). 255. 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 executing Mr. Behrouz Alkhani following judicial procedures that did not fulfill the most stringent guarantees of fair trial and due process, has violated his right not to be arbitrarily deprived of his life and his right to be free from torture or cruel, inhuman or degrading treatment as provided by articles 6 and 7 of the International Covenant on Civil and Political Rights (ICCPR). (o) JAL 05/10/2015 Case No. IRN 17/2015 State Reply: None to date Allegations concerning substandard prison conditions and denial of access to medical services to Mr. Shahrokh Zamani, who died of a stroke while in custody in Raja’i Shahr Prison. 256. 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. 257. 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 the Islamic Republic of Iran, by failing to provide adequate detention conditions and adequate medical care, has violated Mr. Shahrokh Zamani’s right to be free from cruel, inhuman or degrading treatment or punishment as provided, inter alia, by article 7 of the ICCPR. (p) JUA 13/10/2015 Case No. IRN 18/2015 State Reply: 24/11/2015 Allegations concerning the heath and status of political prisoner Dr. Mohammed Ali Taheri, on hunger strike in custody following the imposition of a death sentences on charges of Mosfed fel Arz, or spreading corruption on earth. 258. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its reply, dated 24/11/2015, to the present communication. 45

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