A/HRC/22/53/Add.4
He also calls on the Government to undertake a prompt and impartial investigation of
possible acts of torture, leading to the prosecution and punishment of the perpetrators, and to
ensure Mr. Ebrahimi obtains redress, including fair and adequate compensation, and as full
rehabilitation as possible. Further, if Mr. Ebrahimi is to be tried, the Government must ensure
that any evidence against him obtained under torture is declared inadmissible.
(q)
UA Iran 08/10/2012 Case No. IRN 24/2012 State reply: None to date Alleged detention
and flogging of human rights defender
65. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 8 October 2012, thereby failing to cooperate with
the mandate established by the Human Rights Council. The communication referred to the
imprisonment of Mr. Mohammad Ali Dadkhah, a lawyer and co-founder of the Centre for
Human Rights Defenders (CHRD). The Special Rapporteur expresses grave concern about
the physical and mental integrity of Mr. Dadkhah in view of allegations that he has been
subjected to flogging. In this context, the Special Rapporteur stresses the Government‟s
obligation to protect the right to physical and mental integrity of all persons as stated in
article 7 of the ICCPR. The Special Rapporteur reminds the Government of paragraph 7a of
Resolution 8/8 of the Human Rights Council, which states that corporal punishment, can
amount to cruel, inhuman, or degrading treatment or even torture. Also, in report
A/HRC/10/44 the office of the Special Rapporteur held that corporal punishment can no
longer be justified under present international law, not even under the most exceptional
situations. Finally, Special Rapporteur reiterates that paragraph 1 of Human Rights Council
Resolution 16/23 “[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.” In light of the fact that no
evidence has been provided to the contrary, the Special Rapporteur is of the view that the
rights of Mr. Dadkhah 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 and cruel, inhuman or degrading treatment or punishment,
leading to prosecution and punishment of the perpetrators, and to provide redress to Mr.
Dadkhah.
(r)
UA Iran 11/10/2012 Case No. IRN 25/2012 State reply: None to date Alleged torture,
solitary confinement, and imminent execution.
66. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has
not responded to this communication dated 11 October 2012, thereby failing to cooperate
with the mandate established by the Human Rights Council. The communication referred to
the imminent execution of Mr. Saeed Sedeghi and ten other individuals, including Mr. Hamid
Rahi‟i, Mr. Mohammad Ali Rabi‟i, Mr. Ali Darvish, and Mr. Abbas Namaki, who are
reportedly at risk of imminent execution. Mr. Sedeghi was the subject of a previous
communication dated 26 June 2012 and 7 August 2012, all of them also unanswered. The
Special Rapporteur expresses grave concerns about the physical and mental integrity of Mr.
Sedeghi in light of allegations of acts of torture and ill-treatment while in detention, and of
reports that Mr. Sedeghi was transferred to Evin Prison and placed in solitary confinement. In
this context, the Special Rapporteur reiterates that paragraph 1 of Human Rights Council
Resolution 16/23 “[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.” With respect to the allegation
36
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