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
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