A/HRC/31/57/Add.1 treatment or punishment 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, as 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. Furthermore, due to the prisoner’s lack of communication, as well as the lack of witnesses inside the prison, solitary confinement may also give rise to other acts of torture or ill-treatment. 240. 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, by failing to protect the physical and psychological integrity of Ms. Atena Daemi and Mr. Seraj Mirdamadi, including by subjecting them to prolonged solitary confinement, has violated their right to be free from torture or cruel, inhuman or degrading treatment. (k) JUA 10/08/2015 Case No. IRN 12/2015 State Reply: None to date Allegations concerning the death sentence imposed on Dr. Mohammed Ali Taheri for the conduct of peaceful activities on charges for the vague offense of Mosfed fel Arz, or spreading corruption on earth, which does not meet international law requirements for clarity and precision for criminal convictions. 241. 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. 242. 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 when imposed or executed under circumstances violating such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). Even if this customary norm is still under way, the Special Rapporteur considers that most conditions under which capital punishment is actually applied renders the punishment tantamount to torture and that under many other, less severe conditions, it still amounts to cruel, inhuman or degrading treatment (para. 75). 243. 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). Furthermore, as stated in his 2012-report (A/67/279), the Special Rapporteur calls upon Iran to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. 244. The Rapporteur strongly condemns the sentence of death imposed upon Dr. Taheri for exercising his right to freedom of opinion and expression and concludes that the Government, in sentencing him to death, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the Convention Against Torture and article 7 of the International Covenant on Civil and Political Rights. 43