A/HRC/31/57/Add.1
and other cruel, inhuman or degrading treatment or punishment, and invites the
Government of Iran to keep him informed of the outcome of any further investigation and
prosecution.
197. 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.
198. 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.
199. 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 of Iran, by subjecting Mr. Hossein Kazemayni
Boroujerdi to prolonged solitary confinement, physical abuse and ill-treatment, has thus
violated his right to be free from torture or cruel, inhuman or degrading treatment.
200. The Rapporteur strongly urges the Government of Iran to protect the right of Mr.
Hossein Kazemayni Boroujerdi to be free from torture or cruel, inhuman or degrading
treatment.
(c)
JUA 7/10/2014. Case No. IRN 21/2014 State Reply: 13/02/2015 Allegations concerning
the imminent risk of execution of Ms. Reyhaneh Jabbari, after being sentenced to
death on charges of murder, after a trial that did not meet fair trial and due process
guarantees.
201. The Special Rapporteur thanks the Government of Iran for its reply, dated
13.02.2015, to the present communication.
202. The information provided by the Government is duly noted that Ms. Jabbari had
been sentenced to death for the murder of Mr. Morteza Abdol’alli Sarbandi, and was
executed on 25 October, 2015, after confirmation of the verdict by the Supreme Court of
Iran and failure to obtain consent from the victim’s family to waive the execution.
203. 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 under such prohibition, is developing into a
norm of customary law, if it has not already done so (para. 74).
204. 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).
37
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