A/HRC/31/57/Add.1
regards to the present case, the Special Rapporteur recalls article 7 of the International
Covenant on Civil and Political Rights (ICCPR), paragraph 5 of General Comment No. 20
of the Human Rights Committee, and paragraph 7a of Resolution 8/8 of the Human Rights
Council.
(n)
JAL 29/10/2015 Case No. IRN 16/2015 State Reply: None to date Allegations concerning
the execution of Mr. Behrouz Alkhani.
253. 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.
254. 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 if imposed or executed in circumstances
that violate 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 to end the practice of executions
with little or no prior warning given to condemned prisoners and their families (para. 80
(c)).
255. 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 executing Mr. Behrouz Alkhani following judicial
procedures that did not fulfill the most stringent guarantees of fair trial and due process, has
violated his right not to be arbitrarily deprived of his life and his right to be free from
torture or cruel, inhuman or degrading treatment as provided by articles 6 and 7 of the
International Covenant on Civil and Political Rights (ICCPR).
(o)
JAL 05/10/2015 Case No. IRN 17/2015 State Reply: None to date Allegations concerning
substandard prison conditions and denial of access to medical services to Mr.
Shahrokh Zamani, who died of a stroke while in custody in Raja’i Shahr Prison.
256. 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.
257. 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 the Islamic Republic of Iran, by failing to provide adequate
detention conditions and adequate medical care, has violated Mr. Shahrokh Zamani’s right
to be free from cruel, inhuman or degrading treatment or punishment as provided, inter alia,
by article 7 of the ICCPR.
(p)
JUA 13/10/2015 Case No. IRN 18/2015 State Reply: 24/11/2015 Allegations concerning
the heath and status of political prisoner Dr. Mohammed Ali Taheri, on hunger strike
in custody following the imposition of a death sentences on charges of Mosfed fel Arz,
or spreading corruption on earth.
258. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for
its reply, dated 24/11/2015, to the present communication.
45
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