A/HRC/22/53/Add.4
and ICCPR. With regards to the allegations that Ms. Sotoudeh was held in prolonged solitary
confinement, the Special Rapporteur reiterates 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.” The Special Rapporteur would also like to remind the Government of Rule
22(2) of the Standard Minimum Rules for the Treatment of Prisoners, which provides that
“[s]ick prisoners who require specialist treatment shall be transferred to specialized
institutions or to civil hospitals. Where hospital facilities are provided in an institution, their
equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and
treatment of sick prisoners, and there shall be a staff of suitable trained officers.”
Furthermore, Rule 25(1) provides that, “[t]he medical officer shall have the care of the
physical and mental health of the prisoners and should daily see all sick prisoners, all who
complain of illness, and any prisoner to whom his attention is specially directed.” The
Special Rapporteur urges the Government to take all necessary measures to guarantee that the
rights and freedoms of Ms. Sotoudeh are respected in compliance with the applicable
international conventions.
(b)
JUA 08/07/2011 Case No. IRN 9/2011 State reply: 03/09/2012 Alleged arbitrary
detention of human rights defenders and persons peacefully exercising their freedoms
of expression and assembly.
170. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its
response to this communication dated 3 September 2012, regarding the alleged arbitrary
detention of human rights defenders and persons peacefully exercising their freedoms of
expression and assembly, including Ms. Massumeh Dehghan, Ms. Mahnaz Mohammadi, Ms.
Mansoureh Behkish, Mr. Farzad Haghshenas, Ms. Maryam Bahreman, Mr. Ashkan Zahabian,
and Mr. Mohammed Reza Fakhravar. The Special Rapporteur expressed serious concerns
about the physical and mental integrity of Ms. Mohammadi, who suffers from a serious spine
condition that requires regular medical attention, the denial of which could cause such sever
pain as to constitute cruel, inhuman or degrading treatment or even torture. In its reply, the
Government described the proceedings and sentence issued against Ms. Bahreman by a
branch of the Shiraz court of revolution. The Special Rapporteur regrets that the Government
failed to address and clarify allegations concerning the alleged denial of medical treatment
for Ms. Mohammadi. In this context, the Special Rapporteur stresses that the Government has
an obligation to protect the right to physical and mental integrity of all persons, which is set
forth inter alia in the UDHR and the ICCPR. The Special Rapporteur would like to reiterate
Rule 22(2) of the Standard Minimum Rules for the Treatment of Prisoners, which provides
that “[s]ick prisoners who require specialist treatment shall be transferred to specialized
institutions or to civil hospitals. Where hospital facilities are provided in an institution, their
equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and
treatment of sick prisoners, and there shall be a staff of suitable trained officers.”
Furthermore, Rule 25(1) provides that, “[t]he medical officer shall have the care of the
physical and mental health of the prisoners and should daily see all sick prisoners, all who
complain of illness, and any prisoner to whom his attention is specially directed.” In the
absence of evidence to the contrary, the Special Rapporteur concludes that the rights of Ms.
Mohammadi under international law have been violated. The Special Rapporteur calls on the
Government of the Islamic Republic of Iran to ensure that all sick persons in detention are
provided with proper medical care and treatment. The Special Rapporteur additionally calls
on the Government to undertake a prompt, independent and effective investigation of the
96
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents