A/HRC/22/53/Add.4
Shall have been violated. Given the irremediable nature of capital punishment, the Special
Rapporteur calls on the Government not to proceed with the execution and to set aside any
criminal conviction based on evidence obtained under torture. Further, he calls on the
Government of the Islamic Republic of Iran to undertake a prompt, independent and effective
investigation of the facts, leading to the prosecution and punishment of the perpetrators, and
to provide full redress to Mr. Shall‟s next of kin.
(l)
UA 31/07/2012 Case No. IRN 19-2012 State reply: None to date Alleged imminent
execution of five persons of Ahwazi Arab minority
60. The Special Rapporteur regrets that the Government of the Islamic Republic 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 imminent
execution of five persons of Ahwazi Arab minority, Messers. Mohammad Ali Amouri, Sayed
Jaber Alboshoka, Sayed Mokhtar Alboshoka, Hashem Sha‟bani Amouri, and Hadi Rashidi.
The Special Rapporteur had expressed grave concern that the five individuals were subjected
to torture and other forms of inhuman treatment. 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. The Special Rapporteur further 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.”
Additionally, the Special Rapporteur would like to recall paragraph 6c of Human Rights
Council resolution 8/8 of 2008, which urges States “to 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.” 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 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 calls on the Government to prevent executions
based on evidence obtained under torture. The Special Rapporteur also calls on the
Government to offer appropriate remedies to the next of kin of the persons executed.
(m)
UA Iran 03/08/2012 Case No. IRN 20/2012 State reply: None to date Alleged detention
and denial of medical treatment
61. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 3 August 2012, thereby failing to cooperate with
the mandate established by the Human Rights Council. The communication referred to the
alleged detention and denial of access to medical treatment to Pastor Behnam Irani in the
Ghezal Hesar Prison. The Special Rapporteur expresses grave concern about Pastor Irani‟s
deteriorating condition in prison. Further, the Special Rapporteur expressed concern over
allegations of maltreatment and assaults suffered by Pastor Irani in prison. 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
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