A/HRC/34/54/Add.3 Rapporteur considers that most conditions under which capital punishment is actually applied renders the punishment tantamount to torture and that under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment (para. 75). 219. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government of the Islamic Republic of Iran has executed a person convicted in an unfair trail and while his legal remedies were still pending and has refused to deliver his remains to his next of kin. In so doing, the Islamic Republic of Iran violated Alkhani’s right to life and his and his family/s right to be free from torture or cruel, inhuman or degrading treatment, as provided by art. 1, 2, and 16 of the CAT, articles 6(2) and 6(4) of the ICCPR. JUA 29/10/2015 Case No. IRN 20/2015 State Reply: 07/03/2016 and 18/03/2016 Allegations the concerning the alleged arbitrary detention and continued harassment of three artists: Fatemeh Ekhtesari, Medhi Moosavi, and Atena Farghadani and the poor treatment of detained human rights activist, Narges Mohammadi. 220. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its replies, dated 07/03/16 and 18/03/16, to the present communication. 221. The Rapporteur takes note of the information provided by the Government that Mr. Mousavi’s verdict is preliminary, Ms. Ekhtesari’s case is still pending, and of the information concerning Ms. Mohammadi’s health. 222. The Special Rapporteur however finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the International Covenant on Civil and Political Rights (ICCPR) 223. In the absence of sufficient information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of the Islamic Republic of Iran has violated the absolute and non-derogable prohibition of torture and cruel, inhumane or degrading treatment or punishment, as codified in the ICCPR and customary international law. JUA 11/11/2015 Case No. IRN 21/2015 State Replies: 18/04/2016 and 04/05/2016 Allegations of torture, denial of due process and fair trial, and imminent execution of Messrs. Mohammad Ali Zehi and Milad Azimi who were children at the time of the alleged offenses of which they were convicted, as well as the alleged torture, denial of due process and fair trial, and impending execution of Mr. Sharam Ahmadi. 224. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its replies, dated 18/04/16 and 04/05/2016, to the present communication. 225. The Rapporteur takes note of the information provided by the Government that Mr. Azimi’s sentence is suspended due to a request of retrial and that the implementation of Mr. Ahmadi’s sentence is suspended. 43