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