A/HRC/22/53/Add.4 (g) JUA 14/05/2012 Case No. IRN 10/2012 State reply: 19/06/2012, 12/07/2012, 12/07/2012 Alleged new arrests and continued detention of the members of Bahá‟í faith community in the Islamic Republic of Iran. 55. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its response to the communication dated 14 May 2012, regarding the alleged arrests and continued detention of members of the Bahá‟i faith community. The Special Rapporteur thanks the Government for addressing the cases involving the people in Sanandaj, but insists that the Government further investigate in order to determine the circumstances surrounding those arrested in relation to the issuance of an order to confiscate the Bahá‟i cemetery in Sanandaj. The Special Rapporteur thanks the Government for its explanation of the cases from Shiraz that occurred on 3, 4, 5, 6, and 23 February 2012, and the case from Yazd that occurred on 26 February 2012. The Special Rapporteur regrets that the Government did not address allegations of violence perpetuated against those arrested in Shiraz. In addition, the Government did not clarify how Ms. Mehregani‟s beliefs are not the reason for her arrest since she is charged with being a member of a Bahá‟i organization. In addition, the Special Rapporteur regrets that the Government failed to address additional cases which took place in Tehran, Rasht, Semnan, Shiraz and Kerman, which included allegations of lack of medical care for a severely ill detainee and solitary confinement for another. Given the common origin of all of the persons involved in the communications, the Special Rapporteur would like to remind the Government of Article 27 of the ICCPR which establishes that “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.” The Special Rapporteur would also like to draw the Government‟s attention to rule 25(1) provides that, “The medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed.” He would also like to remind the Government that “prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7 [on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment] of the ICCPR (adopted at the 44th session of the Human Rights Committee, 1992). The Special Rapporteur calls on the Government to end all arbitrary arrests of Bahá‟i members, and insists that the Government investigate, prosecute and punish all cases of ill-treatment, in addition to providing the result of any investigation, medical examination, and judicial or other inquiries which may have been carried out in relation to these cases. (h) JUA 16/05/2012 Case No. IRN 11/2012 State reply: 03/09/2012 Alleged incommunicado detention, torture, unfair trial and sentence to death for moharebeh. 56. The Special Rapporteur thanks the Government of Iran for its reply dated 7 September 2012, to this communication referring to the alleged solitary confinement, torture and death sentence of Mr. Behrouz Alkhani, a Kurdish citizen. The Special Rapporteur expressed serious concern about allegations that Mr. Behrouz Alkhani was found guilty in the absence of a adequate judicial proceedings, was held in solitary confinement for 19 months, and was submitted to severe physical and psychological torture. In its reply, the Government reported that Mr. Alkhani‟s capital punishment sentence was upheld by branch number four of the high court. While the Special Rapporteur acknowledges the Government‟s response, he regrets the Government‟s failure to address allegations that Mr. Alkhani was subjected to physical and psychological torture and ill-treatment and held in prolonged solitary confinement. In this context, the Special Rapporteur would like to reiterate the Government‟s obligation to protect the right to physical and mental integrity of all persons, which is set forth inter alia in the UDHR and ICCPR. The Special Rapporteur additionally recalls paragraph 1 of Human Rights Council Resolution 16/23 ”[c]ondemns all forms of torture and 30