A/HRC/34/54/Add.3 258. The Special Rapporteur takes note of the information provided by the Government and welcomes the Government’s initiative to allow for daily contact between Ms. Zaghari-Ratcliffe and her child. However, in spite of the information supplied by the Government, its reply fails to respond to the allegations of prolonged solitary confinement. The Special Rapporteur hence 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. 259. 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. Zaghari-Ratcliffe as a consequence of her prolonged solitary confinement of at least 45 days, has violated her right to be free from torture or cruel, inhuman or degrading treatment, as provided by article 7 of the International Covenant on Civil and Political Rights (ICCPR) and customary international law. 260. In the Special Rapporteur’s interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment 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, with adequate and effective safeguards in place, the use of prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute a legitimate instrument of the State, as it may cause severe mental and physical pain or suffering, a point which has been reiterated in 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. 261. The Special Rapporteur strongly urges the Government of Iran to fulfill its obligations 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 Convention against Torture. Further, the Special Rapporteur would like to stress the importance of sustaining regular and predictable contact between Ms. Zaghari-Ratcliffe and her child, and of putting in place procedures for the same between Ms. Zaghari-Ratcliffe and her other family members. JUA 05/08/2016 Case No. IRN 22/2016 State Reply: None to date Allegations concerning the torture and imminent risk of execution of Mr. Barzan Nasrollah Zadeh, a juvenile offender. 262. 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. 263. 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 Iran, by sentencing Mr. Zadeh, a juvenile offender, to death, following repeated instances of torture by 50

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