A/HRC/34/54/Add.3
226. The Special Rapporteur however finds that the Government, in its replies, does not
sufficiently address the concerns, legal obligations, and questions raised in the initial
communication, which prompts him to conclude that the Government fails fully and
expeditiously to cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13, as well as to comply with its obligation, 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 International Covenant
on Civil and Political Rights.
227. 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). The
Special Rapporteur further recalls that the execution of persons who are juveniles is per
se a violation of an existing norm of customary international law (para. 64). 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 (para. 79).
228. In the absence of sufficient information to the contrary, the Special Rapporteur
concludes that there is substance in the allegations presented in the initial
communication, reiterated above, and thus, that the Government of Iran by failing to
protect the physical and psychological integrity of Mr. Ali Zehi, Mr. Azimi and Mr.
Ahmadi, exclude evidence obtained under torture or ill-treatment, and take steps to
prevent the execution of the latter three, has acted in discordance with article 15 of the
CAT, and violated their right to be free from torture and other cruel, inhuman or
degrading treatment or punishment as provided by articles 1 and 16 or the CAT, rights
which are reflected in customary international law. The Special Rapporteur urges the
Government of the Islamic Republic of Iran to refrain from executing these three
persons.
JUA 03/12/2015 Case No. IRN 23/2015 State Reply: None to date Allegations
concerning the torture, ill-treatment, prolonged solitary confinement, and use of
confessions extracted under torture of eight trade unionists and human rights
defenders.
229. 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.
230. 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, by subjecting several
individuals to prolonged solitary confinement and ill-treatment in detention, and by
obtaining and using a coerced confession in judicial proceedings, has violated article 7
of the International Covenant on Civil and Political Rights (ICCPR) and customary
international law prohibiting torture.
231. 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
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