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 33

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