A/HRC/28/68/Add.1 to end the practice of executions with little or no prior warning given to condemned prisoners and their families (para. 80 (c)). 215. 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 not taking steps to prevent the execution of Messrs. Ghazi Abasi, Abdolreza Amir Khanafereh, Abdolamir Mojadami and Jasem Moghadam Panah, has violated their right to be free from torture and other cruel, inhuman or degrading treatment or punishment as provided by articles 1 and 16 or the CAT. (c) JUA 28/02/2014 Case No. IRN 1/2014 State Reply: None to date Allegations concerning the cases of Mr. Rouhollah Tavani and Ms. Farzaneh Moradi, who are currently at risk of imminent execution in the Islamic Republic of Iran. 216. 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). 217. 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). 218. 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 not taking steps to prevent the execution of Mr. Rouhollah Tavani and Ms. Farzaneh Moradi, violates their right to be free from torture and other cruel, inhuman or degrading treatment or punishment as provided by articles 1 and 16 or the CAT. The State is urged to refrain from carrying out their executions. (d) JUA 24/03/2014 Case No. IRN 4/2014 State Reply: 30/06/2014 Allegations concerning the deteriorating health of Mr. Mohammad Reza Pourshajari, who has been in prison since 2010. 219. The Special Rapporteur thanks the Government of Iran for its reply, dated 30.06.2014, to the present communication. 220. The Rapporteur takes note of the information provided by the Government that Mr. Pourshajari has seen several doctors who, after medical examinations, have determined that he does not suffer from any health conditions. 221. Overall, the Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as 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). 37