A/HRC/19/61/Add.4
is strictly prohibited under international law. Article 15 of the Convention against Torture
which provides that, “[e]ach State Party shall ensure that any statement which is established
to have been made as a result of torture shall not be invoked as evidence in any
proceedings, except against a person accused of torture as evidence that the statement was
made.” In addition to being a crucial fair trial guarantee, this principle is also an essential
aspect of the non-derogable right to physical and mental integrity set forth, inter alia, in
article 7 of the International Covenant on Civil and Political Rights. Based on the
information received, the Special Rapporteur determines that the rights of Ms. Fatemeh
Salbehi and Mr. Ehsan Rangraz Tabaatabaa‟ie under international standards prohibiting
torture and cruel, inhuman or degrading treatment or punishment have been violated. In
addition, the Special Rapporteur believes that eventual imposition of the death penalty to
these minors under the circumstances would constitute by itself cruel, inhuman or
degrading punishment. The Special Rapporteur calls on the Government to immediately
investigate all allegations of torture and other forms of ill-treatment, and ensure that
perpetrators are prosecuted. Moreover, the Government must ensure that Ms. Fatemeh
Salbehi and Mr. Ehsan Rangraz Tabaatabaa‟ie obtain redress, including fair and adequate
compensation, and as full rehabilitation as possible. In February 2012 the Government of
Iran announced that death penalty was abolished for under-age defendants, a development
that the Special Rapporteur commends.
(f) JUA 22/02/2011 Case No. IRN 4/2011 State reply: None to date Alleged arrests and
detention of members of religious minorities.
76.
The Special Rapporteur regrets that the Government of the Islamic Republic of Iran
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to allegations of arrest,
detention, and torture of members of religious minorities, in particular those belonging to
the Christian and Baha‟i faiths. In particular, the Special Rapporteur is concerned about
allegations that Mr. Reza Estifan and Mr. Ehsan Behrouz were subjected to torture. The
Special Rapporteur notes that paragraph 1 of Human Rights Council Resolution 16/23
“[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States
to implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” Moreover, paragraph 6 of General
Comment No. 20 of the Human Rights Committee states that prolonged solitary
confinement of the detained or imprisoned person may amount to acts prohibited by article
7 [on the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment] of the International Covenant on Civil and Political Rights (adopted at the 44th
session of the Human Rights Committee, 1992). Based on the information received, the
Special Rapporteur determines that the rights of Mr. Estifan and Mr. Behrouz under
international standards prohibiting torture and cruel, inhuman or degrading treatment or
punishment have been violated. The Special Rapporteur calls on the Government to
immediately conduct a full investigation and prosecution of those responsible, and ensure
that Mr. Estifan and Mr. Behrouz obtain redress, including fair and adequate compensation,
and as full rehabilitation as possible.
(g) JUA 12/04/2011 Case No. IRN 6/2011 State reply: None to date Alleged detention and
torture of human rights lawyer.
77.
The Special Rapporteur regrets that the Government of the Islamic Republic of Iran
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the detention and illtreatment of Mr. Mohammad Reza Houtan Kian, a human rights lawyer who reportedly was
subject to harassment, incommunicado detention, and frequent and severe torture including
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