A/HRC/22/53/Add.4 (e) JUA 18/04/2012 Case No. IRN 8/2012 State reply: None to date Alleged imminent execution for not most serious crime and following a trial in violation of procedural safeguards. 53. The Special Rapporteur regrets that the Government of Iran has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the allegation that Mr. Aref Hamidian was coerced into confessing to the offense of drug trafficking after being tortured. In this context, the Special Rapporteur stress that paragraph 7(c) of Human Rights Council Resolution 16/23 urges States “[t]o ensure that no statement established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, and calls upon States to consider extending that prohibition to statements made as a result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate corroboration of statements, including confessions, used as evidence in any proceedings constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur affirms that Mr. Aref Hamidian was in fact brutally tortured to make him confess to crimes and that his rights under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment have been violated. The Special Rapporteur calls on the Government to set aside any criminal conviction based on evidence obtained under torture. (f) JUA 04/05/2012 Case No. IRN 9/2012 State reply: None to date Alleged death sentence and imminent execution on charges of moharebeh (enmity against God). 54. The Special Rapporteur regrets that the Government of Iran has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the allegation that Mr. Hamid GhassemiShall was convicted and sentenced to death based on a confession made under duress. In addition, he was placed in solitary confinement for a period of 18 months without any legal representation. In this context, the Special Rapporteur stresses the obligation of all States to ensure that the individuals‟ right to a fair trial and the guarantees thereof are respected in accordance with article 14 of the ICCPR and Safeguard 4 of the Safeguards guaranteeing protection of the rights of those facing the death penalty. The latter provision provides that “[c]apital punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts.” In addition, under article 14(g) of the ICCPR, no one shall be compelled to testify against himself or to confess guilt. The Special Rapporteur would also like to stress that paragraph 6 of General Comment 20 of the Human Rights Committee 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 Mr. Ghassemi-Shall‟s rights under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment have been violated, and calls on the Government to ensure that Mr. Ghassemi-Shall or his next of kin obtain redress, including fair and adequate compensation, and as full rehabilitation as possible. 29