A/HRC/22/53/Add.4
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.”
Regarding the allegations of a trial without safeguards, the Special Rapporteur would like to
draw the attention of the Government to the United Nations Safeguards 4 and 5 Guaranteeing
Protection of the Rights of those Facing the Death Penalty, which stipulates that “capital
punishment may be imposed only […] after a legal process which gives all possible
safeguards to ensure a fair trial, at least equal to those contained in article 14 of the
International Covenant on Civil and Political Rights, including the right of anyone suspected
of or charged with a crime for which capital punishment may be imposed to adequate legal
assistance at all stages of the proceedings.” In regards to the alleged solitary confinement and
torture Mr. Alkhani experienced, the Special Rapporteur would like to place emphasis on
paragraph 6 of General Comment 20 of the Human Rights Committee, which states “that
prolonged solitary confinement of the detained or imprisoned person may amount to acts
prohibited by article 7 [on the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment] of the International Covenant on Civil and Political Rights.” In the
absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr.
Behrouz Alkhani under international law prohibiting torture have been violated, and calls on
the Government of Iran to vacate his death sentence and to undertake prompt, impartial and
effective investigations of these acts, leading to prosecution and punishment of the
perpetrators of torture. In addition, the Government must ensure that he obtains redress,
including fair and adequate compensation, and as full a rehabilitation as possible.
(i)
UA Iran 19/06/2012 Case No. IRN 13/2012 State reply: None to date Alleged imminent
execution of five members of a family
57. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 19 June 2012, thereby failing to cooperate with
the mandate established by the Human Rights Council. The communication referred to the
imminent execution of five persons of Ahwazi Arab origin and members of the same family:
Mr. Abd Al-Rahman Heidari, Mr. Taha Heidari, Mr. Jamshid Heidari, Mr. Mansour Heidari,
and Mr. Amir Muawi. The Special Rapporteur had expressed grave concern that the five
individuals were subjected to torture and other forms of inhuman treatment and coerced to
confess to the charges brought against them. In this context, the Special Rapporteur reminds
the Government of the Islamic Republic of Article 7 of the ICCPR, which requires States to
protect the dignity and physical and mental integrity of every individual, and to afford
everyone protection against acts of torture and other cruel, inhuman and degrading treatment
or punishment, whether inflicted by people acting in their official capacity, outside their
official capacity, or in a private capacity. The Special Rapporteur further expressed serious
concern over allegations that the persons had been transferred to an undisclosed location and
that their executions could be carried out at any moment. 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.” In response to the transfer to the detainees
to an undisclosed location, the Special Rapporteur reiterates paragraph 8b of Human Rights
Council Resolution 16/23, which reminds States that “detention in secret places can facilitate
the perpetration of torture and other cruel, inhuman or degrading treatment or punishment
and can in itself constitute a form of such treatment, and urges all States to respect the
safeguards concerning the liberty, security and the dignity of the person and to ensure that
secret places of detention and interrogation are abolished.” In light of the fact that no
evidence has been provided to the contrary, the Special Rapporteur is of the view that the
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