A/HRC/28/68/Add.1 209. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above and thus, that the Government of Indonesia, by using corporal punishment in response to Ms. X’s alleged extramarital sex - when in fact she was the victim of gang rape-, has violated her right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. 210. The Rapporteur wishes to stress that corporal punishment of any sort is always torture in violation of international law, even if judicially imposed. Iran (Islamic Republic of) (a) JAL 30/12/2013 Case No. IRN 24/2013 State Reply: None to date Allegations concerning the ongoing deterioration of Mr. Zanyar Moradi’s state of health, who is reportedly suffering from a fracture of his lumbar vertebrae and severe chest pain due to a broken rib allegedly caused by the torture at the hands of Intelligence officials. 211. The Special Rapporteur regrets that the Government of Iran has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 212. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Iran, by failing to protect the physical and psychological integrity of Mr. Zanyar Moradi, including by denying him access to adequate medical attention, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. The State is urged to conduct a fair and impartial investigation into the incident and to prosecute and punish those responsible. (b) JAL 30/12/2013 Case No. IRN 25/2013 State Reply: None to date Allegations of recent secret executions of four ethnic Arab prisoners: Messrs, Ghazi Abasi, Abdolreza Amir Khanafereh, Abdolamir Mojadami and Jasem Moghadam Panah, who were reportedly executed without authorities notifying their lawyers. 213. The Special Rapporteur regrets that the Government of Iran has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the Convention against Torture (CAT). 214. As observed by the Special Rapporteur in his 2012-report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (para. 79). In addition, he calls upon retentionist States 36