A/HRC/31/57/Add.1 211. The Special Rapporteur also reminds the State of Iran that the Committee against Torture and the Human Rights Committee have consistently found that conditions of detention can amount to inhuman and degrading treatment. The Special Rapporteur also encourages the Government to continue its engagement with the mandate. (e) JUA 16/01/2015 Case No. IRN 1/2015 State Reply: None to date Allegations concerning the arrest and detention of Ms. Atena Farghdani. 212. The Special Rapporteur regrets that the Government of the Islamic Republic 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. In particular the letter expressed grave concerns regarding the situation of Ms. Atena Farghdani a graphic arts student from Al Zahra University in Tehran who has been detained after responding to a court summon. 213. The Special Rapporteur recalls his interim report to the General Assembly of 5 August 2011 (A/66/268), wherein he defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects of Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for 22 to 24 hours a day. He observed that while solitary confinement for short periods of time may be justified under certain circumstances, with adequate and effective safeguards in place, the use of prolonged (in excess of 15 days under conditions of total isolation) or indefinite solitary confinement may never constitute a legitimate instrument of the State, as it may cause severe mental and physical pain or suffering, a point which has been reiterated in paragraph 28 of the General Assembly resolution 68/156 – Prolonged or indefinite solitary confinement runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. 214. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and thus, that the Government of Iran, has subjected Ms. Atena Farghdani to prolonged solitary confinement and has thus violated her right to be free from or cruel, inhuman or degrading treatment. 215. It has come to the attention of the Special Rapporteur that, as of the drafting of this report, Ms. Atena Farghdani was sentenced to 12 years and nine months imprisonment; and is facing a new trial because of the crime of sub-adultery for shaking hands with her lawyer. The Special Rapporteur express concerns about this new information and calls upon the government of Iran to protect her right to be free from torture or cruel, inhuman or degrading treatment. (f) JUA 12/02/2015 Case No. IRN 3/2015 State Reply: 16/06/2015 Allegations concerning the situation of Mr. Saman Naseem, a juvenile offender, who is reportedly at risk of imminent execution in the Islamic Republic of Iran. 216. The Special Rapporteur thanks the Government of Iran for its reply, dated June 16 2015, to the present communication. The Rapporteur takes note of the information provided by the Government regarding the criminal proceedings against Mr. Saman Naseem and informing him that the verdict against Mr. Naseem has not yet been executed. 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 39