A/HRC/25/60/Add.2
process guarantees. In this context, the Special Rapporteur would like to stress that each
Government has the obligation to protect the right to physical and mental integrity of all
persons, which is set forth inter alia in the UDHR and the ICCPR. The Special Rapporteur
reiterates the absolute prohibition of torture and ill-treatment, as reiterated in paragraph 1 of
Human Rights Council Resolution 16/23, which “[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 nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” The Special Rapporteur recalls that paragraph 7c 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 a result of cruel, inhuman or
degrading treatment or punishment. . . .” The Special Rapporteur also asserts that a death
sentence should only be imposed for the most serious crimes. Additionally, as stated in his
report to the General Assembly (A/67/279; 9 August 2012), the Special Rapporteur finds
that even if the emergence of a customary norm that considers the death penalty as per se
running afoul of the prohibition of torture and cruel, inhuman or degrading treatment is still
under way, most conditions under which capital punishment is actually applied renders the
punishment tantamount to torture. Under many other, less severe conditions, it still amounts
to cruel, inhuman or degrading treatment. He therefore recalls the absolute nature of the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment and
urges the Government to commute the sentences to death. In view of the irreversibility of
the punishment of the death penalty, the Special Rapporteur urges the Government to take
all steps necessary to prevent the execution of Messrs. Amouri, Alboshoka, Alboshoka,
Sha’bani Amouri, and Rashidi, which, if carried out, would be inconsistent with acceptable
standards of international human rights law; to undertake a prompt, impartial, and effective
investigation of the alleged acts of torture, leading to prosecution and punishment of the
perpetrators; and to ensure that the aforementioned individuals obtain redress, including fair
and adequate compensation, and as full rehabilitation as possible.
(j)
UA 26/09/2013 Case No. IRN 16/2013 State reply: None to date Alleged risk of imminent
execution, torture, ill-treatment, and forced confession of four men belonging to
Kurdish Sunni minority population.
70.
The Special Rapporteur regrets that the Government 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 alleged risk of imminent execution of
Messrs. Kamal Malaie, Jahangir Dehghani, Jamshed Dehghani and Hamed Ahmadi, who
are members of the Kurdish minority of Sunni Muslim faith. It is reported that the named
individuals were arrested in 2009 after being accused of involvement in the assassination of
a senior Sunni cleric and subsequently sentenced to death on charges of “enmity against
God” (Moharebeh) and corruption on earth (ifsad fil-arz). At least two of the detainees were
also allegedly transferred to solitary confinement cells around the time of this
communication, and all four men were reportedly subject to torture and ill-treatment while
in detention, forced to confess and sign papers that they were not allowed to read, and were
denied access to counsel and their families before and during their trials. In this context, the
Special Rapporteur expresses grave concern that the executions, if carried out, would be
inconsistent with acceptable standards of international human rights law, and reiterates that
the Government has the obligation to protect the right to physical and mental integrity of all
persons, which is set forth, inter alia, in the UDHR and ICCPR. The Special Rapporteur
reiterates the absolute prohibition of torture and ill-treatment, as reiterated in paragraph 1 of
Human Rights Council Resolution 16/23, which “Condemns all forms of torture and other
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