A/HRC/22/53/Add.4
secret places of detention and interrogation are abolished.” 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 have been violated. The Special Rapporteur calls on the
Government to investigate, prosecute and punish all allegations of ill-treatment and to end the
practice of incommunicado detention.
(e)
JUA 15/11/2011 Case No. IRN 18/2011 State reply: 11/06/2012 Alleged imminent
execution of Mr. Lo Zaniar (or Zanyar) Moradi and Mr. Loghman (or Loqman)
Moradi.
173. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for its
response to this communication in reference to the allegation that Mr. Lo Zaniar Moradi and
Mr. Loghman Moradi, Iranian Kurdish nationals, were arrested for their suspected
involvement in three murders and membership in the Komole terrorist organization. It is
alleged that the individuals were coerced into confessing to these offenses after being
subjected to ill-treatment and torture for 25 days. The victims were subsequently convicted
and sentenced to death. In this context, the Special Rapporteur stresses that paragraph 7(c) of
Human Rights Council Resolution 16/23 urges States “[t]o ensure that no statement
established to have been made as a result of torture is invoked as evidence in any
proceedings, except against a person accused of torture as evidence that the statement was
made, and calls upon States to consider extending that prohibition to statements made as a
result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate
corroboration of statements, including confessions, used as evidence in any proceedings
constitutes one safeguard for the prevention 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 affirms that the aforementioned victims were tortured in
order to make them confess to crimes, and that their rights under international standards
prohibiting torture and other cruel, inhuman or degrading treatment or punishment may have
been violated. Given the irremediable nature of capital punishment, the Special Rapporteur
calls on the Government not to proceed with the executions and to set aside any criminal
conviction based on evidence obtained under torture.
Iraq
(a)
JUA 27/04/2011 Case No. IRQ 2/2011 State reply: 09/07/2012 Alleged excessive use of
force against peaceful protesters.
174. The Special Rapporteur thanks the Government of Iraq for its response, dated 20 August
2012, to the communication on the excessive use of force by Iraqi security forces, the
arbitrary detention of peaceful protestors who were allegedly subjected to sever torture, and
the incommunicado detention of Mr. Haidar Shihab Ahmad Abdel Latif. The Special
Rapporteur notes the insufficiency of the Government‟s response, as it failed to substantively
address any of the allegations. The Special Rapporteur expresses grave concern regarding the
physical and psychological integrity of Mr. Haidar Shihab Ahmad Abdel Latif, whose fate
and whereabouts remain unknown. Furthermore, the Special Rapporteur also expresses
concern regarding the torture and arbitrary detention of Messrs. Oday Alzaidy, Abdel-Jabbar
Shaloub Hammadi, Hadi al-Mehdi, Sharwan Azad Faqi „Abdallah, and „Ala Nabil, and Firas‟
Ali. With regard to the Iraqi security forces‟ excessive use of force, the Special Rapporteur
reiterates Principle 4 of the UN Basic Principles on the Use of Force and Firearms by Law
Officials, which provides that, “[l]aw enforcement officials, in carrying out their duty, shall,
as far as possible, apply non-violent means before resorting to the use of force and firearms.”
Moreover, with respect to allegations of torture, the Special Rapporteur reminds the
Government of paragraph 1 of Human Rights Council Resolution 16/23 that “[c]ondemns all
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