A/HRC/19/61/Add.4 that “solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions. [The Special Rapporteur] finds solitary confinement to be contrary to one of the essential aims of the penitentiary system, which is to rehabilitate offenders and facilitate their reintegration into society.” Moreover, “[d]epending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach of article 7 of the International Covenant on Civil and Political Rights, and to an act defined in article 1 or article 16 of the Convention against Torture. In addition, the use of solitary confinement increases the risk that acts of torture and other cruel, inhuman or degrading treatment or punishment will go undetected and unchallenged.” Furthermore, the Government‟s response neglected to indicate whether there has been an investigation into the allegation that Mr. Latifi was subjected to corporal punishment. In this regard, the Special Rapporteur asserts that Human Rights Council Resolution 8/8 states that corporal punishment, including of children, can amount to cruel, inhuman or degrading punishment or even to torture. Both the Human Rights Committee and the Committee against Torture have called for the abolition of judicial corporal punishment. In paragraph 5 of General Comment No. 20 (1992), the Human Rights Committee stated that the prohibition of torture and ill-treatment must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime of as an educative or disciplinary measure. Based on the information received, the Special Rapporteur determines that Mr. Latifi‟s rights under international standards prohibiting torture and cruel, inhuman or degrading treatment or punishment have been violated, and calls on the Government to set aside any conviction based on evidence obtained under torture, and to ensure that Mr. Latifi obtains redress, including fair and adequate compensation, and as full rehabilitation as possible. (c) JUA 31/12/2010 Case No. IRN 38/2010 State reply: 27/06/2011 Alleged solitary confinement, torture and death sentence. 73. The Special Rapporteur thanks the Government of Iran for its response to this communication regarding the alleged solitary confinement, torture and death sentence of Mr. Saeed Malekpour, a web programmer and developer, in October 2008. Regrettably, the Government‟s response failed to substantively address the allegations contained within the communication. Of particular concern to the Special Rapporteur are the allegations that Mr. Malekpour was placed in solitary confinement for more than one year and was subjected to severe acts of torture which has seriously impacted his physical and mental health. The Special Rapporteur notes that paragraph 1 of Human Rights Council Resolution 16/23 of 12 April 2011 “[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, in paragraphs 79 and 80 of the Special Rapporteur‟s report A/66/268, it is stressed that “solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions. The report further asserts that “[d]epending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach of article 7 of the International Covenant on Civil and Political Rights, and to an act defined in article 1 or article 16 of the Convention against Torture. In addition, the use of solitary confinement increases the risk that acts of torture and other cruel, inhuman or degrading treatment or punishment will go undetected and unchallenged.” Based on the information received, the Special Rapporteur determines that Mr. Malekpour‟s rights under international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment have likely been violated, and calls on the Government to cease the isolation of Mr. Malekpour and ensure that he 32