A/HRC/28/68/Add.1 222. In the absence of sufficient 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 fails to detail the results of the medical examinations of Mr. Pourshajari or to show that they were conducted under conditions of independence, impartiality and competence. Its reply also failed to address the legal basis for Mr. Pourshajari’s detention or provide details of steps taken to ensure the health of Mr. Pourshajari. The Rapporteur concludes that the Government of Iran has violated the right of Mr. Pourshajari to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. (e) JUA 31/03/2014 Case No. IRN 5/2014 State Reply: None to date Allegations concerning the imminent execution of two individuals Mr. Ali Chebeishat and Mr. Sayed Khaled Mousawi. 223. 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). 224. 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). 225. 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. Salman Chayani, Mr. Ali Chebeishat and Mr. Sayed Khaled Mousawi, exclude evidence obtained under torture or ill-treatment, and take steps to prevent the execution of the latter two, has acted in discordance with article 15 of the CAT, and 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. The Special Rapporteur urges the State of Iran to refrain from executing these two persons. (f) JUA 14/04/2014 Case No. IRN 6/2014 State Reply: None to date Allegations concerning the case of Ms. Rayhaneh Jabbari, who is reportedly at risk of imminent execution. 226. 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). 227. 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 38