A/HRC/22/53/Add.4 physical and mental integrity of all persons, which is set forth inter alia in the UDHR and ICCPR. 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.” The Special Rapporteur also reiterates 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.” With regards to the allegations that Mr. Savadjani was held in prolonged solitary confinement, the Special Rapporteur additionally recalls 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 ICCPR. In this regard, the Special Rapporteur additionally recalls article 7 of the Basic Principles for the Treatment of Prisoners, which provides that “efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged.” 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 Mr. Savadjani 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 perpetrator. Furthermore, and 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 Mr. Savadjani. (p) UA Iran 08/10/2012 Case No. IRN 23/2012 State reply: None to date Alleged incommunicado detention and possible torture and ill-treatment of a person of Kurdish descent. 64. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has not responded to this communication dated 8 October 2012, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the incommunicado detention of Mr. Maziar Ebrahimi, a person of Kurdish descent. The Special Rapporteur expresses concern about the possibility that Mr. Ebrahimi has been subjected to torture or ill-treatment while in detention due to a televised confession made by Mr. Ebrahimi on 6 August 2012. The Special Rapporteur stresses the Government‟s obligation to protect the right to physical and mental integrity of all persons. In response to Mr. Ebrahimi‟s unknown whereabouts, 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.” Furthermore, 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. Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur concludes that the rights of Mr. Ebrahimi, whose whereabouts remain unknown, have been violated. The Special Rapporteur urges the Government to end the practice of incommunicado and unacknowledged detention. 35

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents