A/HRC/34/54/Add.3 2005, which concludes that any form of corporal punishment is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. (A/60/316, para. 28) “States cannot invoke provisions of domestic law to justify the violation of their human rights obligations under international law, including the prohibition of corporal punishment.” (A/60/316, para. 28) Furthermore, in the 67th session of the General Assembly, the Special Rapporteur stated that “the jurisprudence of regional human rights bodies and national judiciaries leaves no doubt that death by stoning constitutes torture and is, beyond dispute, a violation of the prohibition of cruel, inhuman and degrading treatment.” (A/67/279, para. 31) 236. As observed by the Special Rapporteur in his 2012 report to the General Assembly, there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. (A/67/279) This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. (A/66/268, para. 79) 237. The Special Rapporteur strongly urges the Government of Iran to refrain from executing Mrs. Khalegi, as well as to refrain from, and abolish the practice of corporal punishment, and executions, particularly for crimes that do not constitute “most serious crimes.” JUA 18/02/2016 Case No. IRN 4/2016 State Reply: 17/05/2016 Allegations concerning the ill-treatment and torture of musician and founder of Barg Music, Mr. Mehdi Rajabian, musician, Mr. Yousef Emadi, and filmmaker, Mr. Hossein Rajabian. 238. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its reply, dated 18 May 2016, to the present communication, available via the link above. 239. The Rapporteur takes note of the information provided by the Government that Mr. M. Rajabian, Mr. Y. Emadi, and Mr. H. Rajabian have been arrested and prosecuted before the Tehran Court on charges of insulting Islamic sanctities, making propaganda against the State, and publishing blasphemous audio-visual material insulting the Islamic sanctities. In spite of the information supplied by the Government, the Special Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised concerning the ill-treatment and torture of these individuals while in custody in the initial communication, thereby prompting him to infer that the Government has failed to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in resolution 25/13. 240. 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 Iran, by failing to protect the physical and psychological integrity of Mr. M. Rajabian, Mr. Y. Emadi and Mr. H. Rajabian, including by subjecting them to torture, including by the use of prolonged solitary confinement; the use of electric shock against Mr. M. Rajabian; and the extraction of a forced confession, which was used as the basis for sentencing them to imprisonment and fine, has violated their right be free from torture or cruel, inhuman or degrading 46