A/HRC/19/61/Add.4 detention or detention in secret places can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment, and urges all States to respect the safeguards concerning the liberty, security and the dignity of the person and to ensure that secret places of detention and interrogation are abolished.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that the rights of the aforementioned individuals under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment have been violated. The Special Rapporteur calls on the Government to investigate, prosecute and punish all allegations of ill-treatment and to end the practice of incommunicado detention. (k) JUA 02/11/2011 Case No. IRN 16/2011 State reply: None to date Alleged arrest of film makers. 81. The Special Rapporteur regrets that the Government of Iran has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the allegation that Mr. Mojtaba Mir Tahmasb and Ms. Katayoun Shahabi were pressured to make a confession. In this context, the Special Rapporteur stresses that paragraph 7(c) of Human Rights Council Resolution 16/23 urges States “[t]o ensure that no statement established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, and calls upon States to consider extending that prohibition to statements made as a result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate corroboration of statements, including confessions, used as evidence in any proceedings constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur calls on the Government to ensure that evidence obtained through recourse to unlawful methods are not used in any proceedings against the victims. (l) JUA 15/11/2011 Case No. IRN 18/2011 State reply: None to date Alleged Alleged imminent execution of Mr. Lo Zaniar (or Zanyar) Moradi and Mr. Loghman (or Loqman) Moradi. 82. The Special Rapporteur regrets that the Government of Iran has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the allegation that Mr. Lo Zaniar Moradi and Mr. Loghman Moradi were coerced into confessing to the offense of murder after being tortured for 25 days. In this context, the Special Rapporteur stresses that paragraph 7(c) of Human Rights Council Resolution 16/23 urges States “[t]o ensure that no statement established to have been made as a result of torture is invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made, and calls upon States to consider extending that prohibition to statements made as a result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate corroboration of statements, including confessions, used as evidence in any proceedings constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur affirms that these two persons were in fact brutally tortured to make them confess to crimes and that their rights under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment may have been violated. Given the irremediable nature of capital punishment, the Special Rapporteur calls on the Government not to proceed with the executions and to set aside any criminal conviction based on evidence obtained under torture. 36