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
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