A/HRC/34/54/Add.3
195. The Special Rapporteur strongly urges the Government to refrain from carrying out
death sentences, particularly against minors, and to abolish the practice of executions.
JUA 04/06/2015 Case No. IRN 6/2015 State Reply: 04/03/2016 and 16/03/2016
Allegations concerning the detention and mistreatment of Ms. Atena Farghadani
and Mr. Jason Rezaian, and Ms. Yeganeh Salehi in detention, and the denial of due
process.
196. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for
its replies, dated 16 March 2016 and 4 March 2016 to the present communication,
available via the link above.
197. The Special Rapporteur takes note of the information provided by the Government
that Mr. Rezaian was arrested on charges of espionage and released from detention on
16 January 2016; and that Ms. Farghdani, a graphic artist, was sentenced to prison on
charges of assembly and collusion with the aim of acting against national security,
propaganda activities against the State, and insulting various State officials, and that this
constitutes a preliminary ruling that can be appealed and heard at the Tehran Appellate
Court. The Special Rapporteur regrets that no information has been provided
concerning the case of Ms. Yeganeh Salehi, a journalist for a newspaper of the United
Arab Emirates, who was arrested together with Mr. Rezaian and subsequently released
on bail. In spite of the information supplied, the Special Rapporteur finds that the
Government, in its reply, does not sufficiently address the concerns, legal obligations,
and questions raised concerning the mistreatment of Ms. Farghdani, who was subjected
to beatings and solitary confinement; and Mr. Rezaian, who was subjected to solitary
confinement and extensive interrogation while in custody, 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.
198. 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 Ms. Farghdani and Mr. Rezaian, including by subjecting them
to beating and solitary confinement, has violated their right be free from torture or
cruel, inhuman or degrading treatment as provided by article 7 of International
Covenant on Civil and Political Rights (ICCPR).
199. The Special Rapporteur highlights the Basic Principles for the Treatment of
Prisoners, which stresses that “all prisoners shall be treated with the respect due to their
inherent dignity and value as human beings” (General Assembly resolution 45/111).
The Special Rapporteur further stresses that “solitary confinement is a harsh measure
which may cause serious psychological and physiological adverse effects” and for that
reason solitary confinement has been found to be “contrary to one of the essential aims
of the penitentiary system, which is to rehabilitate offenders and facilitate their
reintegration into society” (A/66/268, para. 79).
200. Further, 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 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 when adequate and effective safeguards are in place, the
use of prolonged (in excess of 15 days) or indefinite solitary confinement causes severe
mental and physical pain or suffering. The Special Rapporteur further recalls paragraph
39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents