A/HRC/22/53/Add.4
treatment or punishment, including through intimidation, which are and shall remain
prohibited at any time and in any place whatsoever and can thus never be justified, and calls
upon all States to implement fully the absolute and non-derogable prohibition of torture and
other cruel, inhuman or degrading treatment or punishment.” With respect to the allegation
that Mr. Saeed Malekpour was held in solitary confinement for over a year, the Special
Rapporteur recalls that, in accordance with paragraph 6 of General Comment No. 20 of the
Human Rights Committee, the prolonged solitary confinement of Mr. Malekpour amounted
to acts prohibited by article 7 of the International Covenant on Civil and Political Rights. In
light of the fact that no evidence has been provided to the contrary, the Special Rapporteur is
of the view that the rights of the individuals under the UN Convention against Torture have
been violated. The Special Rapporteur calls on the Government of the Islamic Republic of
Iran to undertake a prompt, impartial, and effective investigation of the alleged acts of
torture, leading to prosecution and punishment of the perpetrators, and to provide redress to
the victims.
(b)
JAL 28/02/2012 Case No. IRN 3/2012 State reply: None to date Alleged torture and
subsequent death in detention of two members of ethic Arab minority
50. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 28 February 2012, thereby failing to cooperate
with the mandate issued by the Human Rights Council. The communication referred to the
alleged torture and subsequent death in detention of Mr. Nasser Derafshan Alboshokeh and
Mr. Mohammad al-Kaabi. In this context, the Special Rapporteur reiterates that paragraph 1
of Human Rights Council Resolution 16/23 “[c]ondemns all forms of torture and other cruel,
inhuman or degrading treatment or punishment, including through intimidation, which are
and shall remain prohibited at any time and in any place whatsoever and can thus never be
justified, and calls upon all States to implement fully the absolute and non-derogable
prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” The
Special Rapporteur also reiterates the Government‟s obligations under the International
Covenant on Civil and Political Rights (ratified on 24 June 1975), which provides that every
individual has the right to life and security of the person, that this right shall be protected by
law, and that no person shall be arbitrarily deprived of his or her life (article 6). In light of the
fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that
the rights of both Mr. Nasser Derafshan Alboshokeh and Mr. Mohammad al-Kaabi under the
UN Convention against Torture have been violated. The Special Rapporteur calls on the
Government of the Islamic Republic of Iran to undertake a prompt, impartial, and effective
investigation of the alleged acts of torture, leading to prosecution and punishment of the
perpetrators, and to provide redress to the family members of the victims.
(c)
JUA 29/02/2012 Case No. IRN 4/2012 State reply: None to date Alleged torture to extract
confessional and imminent execution of two men belonging to the Kurdish minority.
51. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 29 February 2012, thereby failing to cooperate
with the mandate issued by the Human Rights Council. The communication referred to the
imminent execution of Messrs. Zaniar (or Zanyar) Moradi and Loghman (or Loqman)
Moradi, both of whom were the subject of a previous joint urgent appeal sent on 15
November 2011 (see A/HRC/19/44, case no IRN 18/2011). However, no response has been
received. The Special Rapporteur is particularly concerned about the allegations that the
aforementioned individuals were subjected to torture and coercion in order to extract
confessions. In this context, the Special Rapporteur reiterates that paragraph 1 of Human
Rights Council Resolution 16/23 “[c]ondemns all forms of torture and other cruel, inhuman
or degrading treatment or punishment, including through intimidation, which are and shall
remain prohibited at any time and in any place whatsoever and can thus never be justified,
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