A/HRC/22/53/Add.4 and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Moreover, the Special Rapporteur asserts that the use of confessions extracted under torture in judicial proceedings is strictly prohibited under international law. Article 15 of the Convention against Torture which provides that, “[e]ach State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that the rights of the aforementioned individuals under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government of the Islamic Republic of Iran to undertake a prompt, impartial, and effective investigation of the alleged acts of torture, leading to prosecution and punishment of the perpetrators, and to provide redress to the victims. Furthermore, given the irremediable nature of capital punishment, the Special Rapporteur calls on the Government of the Islamic Republic of Iran not to proceed with the executions and to set aside any criminal conviction based on evidence obtained under torture. (d) JUA 26/03/2012 Case No. IRN 6/2012 State reply: None to date Alleged imminent execution for non-serious crime and following a trial in violation of procedural safeguards. 52. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has not responded to this communication, thereby withholding cooperation with the mandate established by the Human Rights Council. The communication referred to the alleged torture and imminent execution of Mr. Habibollah Golparpour. Mr. Golparpour was allegedly arrested for cooperating with the Party for Free Life of Kurdistan, and was charged with Enmity against God after a five minute trial in which he was sentenced to death. In addition, Mr. Golparpor was allegedly tortured while he was imprisoned at the Iranian Revolutionary Guard Corps detention facility in Mahabad and at a Ministry of Intelligence detention facility in Sanandaj, Kordestan province. The Special Rapporteur recalls paragraph 1 of Human Rights Council Resolution 16/23 which “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur also reminds the Government that, per paragraph 6b of Human Rights Council Resolution 8/8, which urges States “[t]o take persistent, determined and effective measures to have all allegations of torture or other cruel, inhuman or degrading treatment or punishment promptly and impartially examined by the competent national authority, to hold those who encourage, order, tolerate or perpetrate acts of torture responsible, to have them brought to justice and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have been committed, and to take note in this respect of the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Principles) as a useful tool in efforts to combat torture;”. Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur determines that the rights of Mr. Habibollah Golparipour under the UN Convention against Torture have been violated. In addition, the Special Rapporteur calls on the Government to undertake a prompt, independent, and effective investigation of the facts, leading to the prosecution and punishment of the perpetrators, and to provide full redress to the victim. 28