A/HRC/31/57/Add.1
further recalls that the execution of persons who are under the age of 18 at the time the
crime is committed is per se a violation of an existing norm of customary international law
(para. 64).
218. 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 of Iran,
by not taking steps to prevent the execution of Mr. Saman Naseem, a juvenile at the time of
the commission of the crime, violates his right to be free from torture or cruel, inhuman or
degrading treatment.
219. It has come to the Rapporteur's attention that Mr. Naseem was still alive and in
detention in July 2015 but it is unclear whether the death penalty has been executed since
then or not.
220. 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 A/67/279). He calls
upon the government of Iran to observe rigorously the restrictions and conditions imposed
by article 7 of the International Covenant on Civil and Political Rights.
(g)
JUA 04/06/2015 Case No. IRN 6/2015 State Reply: None to Date Allegations concerning
the situation of Ms. Atena Farghadani, a graphic arts student who has been detained
since August 2014, Mr. Jason Rezaian, an American-Iranian journalist who has been
detained since July 2014, and the trial of Mr. Rezaian and his wife, Ms. Yeganeh
Salehi, also a journalist.
221. 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.
222. The Special Rapporteur recalls his interim report to the General Assembly of 5
August 2011 (A/66/268), wherein he 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.
223. 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 Ms. Atena Farghdani to prolonged
solitary confinement and has thus violated her right to be free from torture or cruel,
inhuman or degrading treatment, and that the Government has further failed to protect the
physical and psychological integrity of Mr. Jason Rezaian and Ms. Yeganeh Salehi by
arbitrarily detaining them and denying their right to a fair trial.
224. The Rapporteur strongly urges the Government to protect the right of Ms.
Farghadani and Mr. Rezaian to be free from torture or cruel, inhuman or degrading
treatment, as provided by articles 1 and 16 of the CAT.
40
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