A/HRC/34/54/Add.3
252. It has further come to the attention of the Special Rapporteur that the Government
executed Mr. X. on 18 July 2016. The Rapporteur strongly condemns the execution of
Mr. X. and concludes that the Government of Iran, in carrying out his execution, has
violated Mr. X’s right to be free from torture and other cruel, inhuman, or degrading
treatment or punishment, as provided by article 6(2) of the ICCPR and article 37(a) of
the Convention on Convention on the Rights of the Child (CRC). The Rapporteur
strongly urges the Government of Iran to immediately cease the imposition of death
sentences on juveniles, and abolish the practice of executions since capital punishment
in Iran is imposed and carried out in violation of binding norms of international law.
JUA 07/06/2016 Case No. IRN 16/2016 State Reply: None to Date Allegations
concerning the arbitrary arrest, detention, and denial of due process guarantees to
Mr. Nizar Ahmed Zakka, a Lebanese citizen.
253. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran
has not replied to the present communication, thereby failing to cooperate with the
mandate issued by the Human Rights Council in its resolution 25/13.
254. 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 that the Government of the Islamic Republic of Iran, by arbitrarily
arresting and detaining Mr. Zakka in connection to the exercise of his right to freedom
of peaceful assembly; denying him due process guarantees; and subjecting him to
solitary confinement and long interrogation sessions, has violated his right to be free
from torture and other forms of cruel, inhuman and degrading treatment, as provided by
articles 1, 2, and 16 of the Convention against Torture (CAT).
255. With regards to the allegations of solitary confinement, the Special Rapporteur
reminds the Government that in his report to the General Assembly of 5 August 2011
(A/66/268), he defined solitary confinement, in accordance with the Istanbul Statement
on the Use and Effects of Solitary Confinement, as physical and social isolation of
individuals who are confined in their cells for 22 to 24 hours a day. He observed that
while solitary confinement for short periods of time may be justified under certain
circumstances, with adequate and effective safeguards in place, the use of prolonged (in
excess of 15 days) or indefinite solitary confinement may never constitute an instrument
of the State, as it may cause severe mental and physical pain or suffering. This point has
been reiterated in paragraph 28 of the General Assembly resolution 68/156, which states
that prolonged or indefinite solitary confinement runs afoul of the absolute prohibition
of torture and other cruel, inhuman or degrading treatment or punishment.
256. The Special Rapporteur urges the Government of the Islamic Republic of Iran to
take all necessary measures to ensure the full protection of Mr. Zakka against any
additional violations of his human rights, especially his detention in solitary
confinement without charges, and to comply with its obligation, under CAT, to
investigate, prosecute and punish all acts of torture and other cruel, inhuman or
degrading treatment or punishment, and to afford to Mr. Zakka appropriate remedies,
including reparations and rehabilitation services if needed.
JUA 01/07/2016 Case No. IRN 20/2016 State Reply: 25/08/2016 Allegations
concerning prolonged solitary confinement and lack of communication with her
family of Ms. Nazanin Zaghari-Ratcliffe.
257. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for
its reply, dated 25 August 2016, to the present communication, available via the link
above.
49
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