A/HRC/25/60/Add.2
72.
The Special Rapporteur appreciates the reply of the Government of the Islamic
Republic of Iran, dated 24 January 2014, to this communication in reference to the alleged
executions of individuals belonging to minority groups in violation of international human
rights law. According to the information received, on 26 October 2013, 16 individuals of
Baloch origin were executed in the Islamic Republic of Iran “in response” to the killing of
14 border guards the day before. It was publicly announced that those executed were
Messrs Nazar Mullazahi, Mehrollah Raigi Maherniya, Abdul Wahab Rigi, Habibollah
Raiginezad Shoraki, Saeed Naroyi, Hamid Wakalat, Soleiman Miayi, Ahmad Behrami
Zahi, Azam Gorgaij, Dawood Mir Baloch Zahi, Hasan Rezai, Habib Totazahi, Nasser
Shabakhsh, Ahmad Dehmorda, Hossein Barahowi and Najibullah Bahadori. It is reported
that there is no proof linking any of those executed on 26 October 2013, to the killings of
the border guards on 25 October 2013. Furthermore, Messrs Reza Esmaili and Habibollah
Golparipour (or Gholpari-poor), as well as Mr Shirkoo (or Sherko) Moarefi, who were
members of the Kurdish minority, were also reportedly executed on 26 October 2013 and 4
November 2013, respectively, after proceedings that did not comply with fair trial and due
process standards. All individuals executed were allegedly sentenced to death for crimes
which do not constitute “most serious crime” under international law. In this context, the
Special Rapporteur reminds the Government of Iran that article 6(2) of ICCPR provides
that “in countries which have not abolished the death penalty”, the “sentence of death may
be imposed only for the most serious crimes.” Further, the Special Rapporteur reiterates
the due process stipulations of ICCPR article 14 and article 5 of the United Nations
Safeguards Protecting the Rights of those Facing the Death Penalty which provide
safeguards for those subject to the death penalty. Further, it is noted that paragraphs 1 and
6 of Human Rights Council Resolution 8/8 respectively require the prohibition of torture
and other cruel, inhumane, or degrading treatment or punishment, and that any instances of
the former be effectively investigated and those responsible held accountable. The Special
Rapporteur requests a response from the Government of Iran regarding the other
individuals listed and that the Government take all necessary steps to respect the freedoms
of individuals. The Special Rapporteur further request that should the Government’s
investigation find the allegations to be correct that any person responsible be held
accountable.
(m)
JUA 15/11/2013 Case No. IRN 23/2013 State reply: None to date Alleged risk of
imminent execution of two men belonging to the Kurdish minority.
73.
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 refers to the alleged imminent risk of execution of
Messrs. Zaniar Moradi (or Zanyar Moradee) and Loghman Moradi (or Loqman Moradee),
both members of Kurdish community. Messrs. Zaniar Moradi and Loghman Moradi were
the subject of three previous communications where it was alleged that the defendants had
been subjected to torture and were forced to confess. The Government’s replies on their
cases confirmed the sentences to death against Messrs. Zaniar Moradi and Loghman
Moradi, without however providing details on how the imposition of the death penalty in
these cases complied with international human rights law standards. The new information
offered in the current follow-up communication contained details of the allegations of
torture against the defendants, as well as new allegations of violation of fair trial standards.
The Special Rapporteur reiterates his concern about the continuous reports that the
defendants were subjected to torture and ill-treatment, including with the aim of forcing
them to confess. 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. Furthermore, he calls on the
Government of the Islamic Republic of Iran to undertake a prompt, independent and
effective investigation of the facts, leading to the prosecution and punishment of the
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