A/HRC/34/54/Add.3 Iran JUA 16/01/2015 Case No. IRN 1/2015 State Reply: 16/03/2016 Allegations concerning the detention, torture, mistreatment, sexual abuse, and solitary confinement of Ms. Atena Farghdani in prison. 184. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its reply, dated 16 March 2016, to the present communication, available via the link above. 185. The Special Rapporteur takes note of the information provided by the Government that Ms. Farghdani, a graphic artist, was sentenced to prison on charges of assembly and collusion with the aim of acting against national security, propaganda activities against the State, and insulting various State officials, and that this sentence constitutes a preliminary ruling that can be appealed and heard at the Tehran Appellate Court. In spite of the information supplied, the Special Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised concerning the torture and ill-treatment of Ms. Farghdani while in custody, including allegations of solitary confinement, a harsh bodily search and mistreatment by prison officials, physical beatings that occurred inside the courtroom in the presence of authorities, and sexual assault in prison, thereby prompting him to conclude that the Government has failed to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in resolution 25/13. 186. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, and is therefore of the view that the Government of the Islamic Republic of Iran, by failing to protect the physical and psychological integrity of Ms. Farghdani and by subjecting her to prolonged solitary confinement, beatings, and sexual assault, has violated her right be free from torture or cruel, inhuman or degrading treatment as provided by article 7 of International Covenant on Civil and Political Rights (ICCPR). 187. The Special Rapporteur highlights the Basic Principles for the Treatment of Prisoners which stresses that “all prisoners shall be treated with the respect due to their inherent dignity and value as human beings” (General Assembly resolution 45/111). The Special Rapporteur further stresses that “solitary confinement is a harsh measure that may cause serious psychological and physiological adverse effects…”; consequently, “…solitary confinement has been found to be contrary to one of the essential aims of the penitentiary system, which is to rehabilitate offenders and facilitate their reintegration into society” (A/66/268, para. 79). 188. Further, in the Special Rapporteur’s interim 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 the 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 when adequate and effective safeguards in place, the use of prolonged (in excess of 15 days) or indefinite solitary confinement causes severe mental and physical pain or suffering. The Special Rapporteur further recalls paragraph 28 of the General Assembly resolution 68/156, stating that prolonged or indefinite solitary confinement runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment. 37