A/HRC/31/57/Add.1
205. Furthermore, as stated in his 2012-report (A/67/279), the Special Rapporteur calls
upon the Islamic Republic of Iran to observe rigorously the restrictions and conditions
imposed by article 7 of the International Covenant on Civil and Political Rights (para. 80).
206. The Rapporteur strongly condemns the execution of Ms. Reyhaneh Jabbari, and
concludes that the Government of Iran, in executing Ms. Reyhaneh Jabbari, has violated her
right to be free from torture or cruel, inhuman or degrading treatment, as provided by article
7 of the International Covenant on Civil and Political Rights. The Rapporteur strongly
urges the Government of Iran to refrain from carrying out death sentences and abolish the
practice of executions.
(d)
JUA 25/11/2014 Case No. IRN 28/2014 State Reply: 21/04/2015 Allegations concerning
the physical and psychological torture and ill-treatment, prolonged solitary
confinement, denial of adequate medical care, and introduction of new charges
against Dr. Mohammad Ali Taheri, the founder of a spiritual group called Erfan-eHalgheh (interuniversalism), and the re-arrest of Mr. Mohammad Reza Pourshajari.
207. The Special Rapporteur thanks the Government of the Iran for its reply, dated 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 but fails to inform the Rapporteur about the physical and psychological health
of Dr. Mohammad Ali Taheri, and he finds that the reply does not sufficiently address the
concerns, legal obligations, and questions raised in the initial communication.
208. The Special Rapporteur draws the attention of the Government to the Standard
Minimum Rules for the Treatment of Prisoners (reviewed on 5 November 2015 and
renamed the “Mandela Rules”) and in particular Rule 27(1) which 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.
209. 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.
210. 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 Dr. Mohammad Ali Taheri, including by subjecting
him to prolonged solitary confinement, has violated his right to be free from or cruel,
inhuman or degrading treatment.
38
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