A/HRC/22/53/Add.4 rights of the given persons have been violated. Accordingly, 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. Given the irremediable nature of capital punishment, the Special Rapporteur further calls on the Government to take all necessary measures to prevent the execution of the five individuals and to set aside any criminal conviction based on evidence obtained under torture. (j) UA Iran 26/06/12 Case No. IRN 15/2012 State reply: 10/10/2012 (14/2011 – 15/2012) Alleged acts of torture and imminent execution 58. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its reply, dated 10 October 2012, regarding the alleged imminent execution of Mr. Saeed Sedeghi and Ms. Safieh Ghafouri. The Special Rapporteur expresses serious concern over reports that Mr. Sedeghi has been subjected to acts of torture and ill-treatment which resulted in bodily injury during custody. Mr. Sedeghi was the subject of a separate urgent action (UA Iran 07/08/12 Case No. IRN 21/2012) which has gone unanswered. The Special Rapporteur further expresses concern about the potential imminent execution of Ms. Ghafouri, whose case has been accepted on appeal by the Supreme Court. In its reply, the Government of the Islamic Republic of Iran is silent about the case of Mr. Sedeghi and only refers to the case of Ms. Ghafouri. The government declared that all legal protocols were observed in the case, and that a high court dismissed Ms. Ghafouri‟s request for a retrial on 2 July 2012. The Government also declared that Ms. Ghafouri‟s sentence was carried out on 12 July 2012 on the grounds of Shiraz‟ Adel-Abad prison. With regard to the alleged acts of torture and illtreatment and the subsequent sentence to death the Special Rapporteur reiterates paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns 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 concludes that the rights of Ms, Safieh Ghafouri under international law were severely violated by her torture and by her execution following a trial that used evidence obtained under torture. 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 victim‟s family. (k) UA Iran 06/07/2012 Case No. IRN 16/2012 State reply: None to date Alleged imminent execution 59. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has not responded to this communication dated 6 July 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged imminent execution of Mr. Hamid Ghassemi-Shall, who was the subject of a joint urgent appeal dated 4 May 2012. In its response to the joint urgent appeal, the Government of the Islamic Republic of Iran declared that Mr. Shall was charged with collaborating with a terrorist group. The communication referred to allegations that Mr. Shall‟s sentence was issued on the basis of evidence obtained under duress, and in the absence of legal counsel during pre-trial detention. In this context, the Special Rapporteur reiterates that Article 7 of the ICCPR 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. Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. 32