A/HRC/34/54/Add.3
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. Additionally, 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.
201. The Special Rapporteur urges the Government of the Islamic Republic of Iran to
comply with its obligations under international customary law to investigate, prosecute,
and punish all acts of torture and cruel, inhuman, or degrading treatment or punishment
as codified, inter alia, in the Convention against Torture (CAT) and the ICCPR.
JUA 02/06/2015 Case No. IRN 7/2015 State Reply: 04/03/2016 Allegations
concerning the situation of two juvenile offenders who are at risk of imminent
execution.
202. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for
its reply, dated 4 March 2016, to the present communication, available via the link
above.
203. The Special Rapporteur takes note of the information provided by the Government
that Mr. Naseem was being held in Zanjan Prison, that his request for a new hearing was
accepted by Branch 37 of the Supreme Court on 22 August 2015, and that the case was
under examination by a parallel branch in provincial criminal court. In spite of the
information provided, the Special Rapporteur finds that the Government, in its reply,
does not sufficiently address the concerns, legal obligations, and questions raised in the
initial communication, having failed to provide information concerning the alleged
incommunicado detention of Mr. Naseem, and further having failed to provide any
information about the case of Mr. Hamid Ahmadi, 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.
204. In this context, and in light of the Government’s imposition of the death penalty
upon juvenile offenders, 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 has violated Mr. Naseem’s and Mr. Ahmadi’s rights be free from
torture or cruel, inhuman or degrading treatment as provided by article 7 of International
Covenant on Civil and Political Rights (ICCPR).
205. As observed by the Special Rapporteur in his 2012 report to the General Assembly
(A/67/279), 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. 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). Even
if this customary norm is still under way, the Special Rapporteur considers that most
conditions under which capital punishment is actually applied render the punishment
tantamount to torture and that under many other, less severe conditions, it still amounts
to cruel, inhuman or degrading treatment (para.75). The Special Rapporteur emphasizes
that the execution of persons who committed their crimes while they were under 18
years of age is per se a violation of an existing norm of customary international law
(para. 64). Furthermore, any judgments imposing the death sentence and executions of
juvenile offenders amount to cruel, inhuman and degrading punishment, which is
prohibited inter alia in the CAT, and violate the Government’s obligation under article
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