A/HRC/34/54/Add.3
37(a) of the Convention on the Rights of the Child (CRC) to refrain from imposing the
death penalty for offences committed by persons below 18 years of age.
206. 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
A/67/279). He reminds the Government of the Islamic Republic of Iran that customary
international law establishes the absolute and non-derogable prohibition of torture and
other ill-treatment, as well as the prohibition of using evidence obtained under torture or
ill-treatment.
207. The Special Rapporteur strongly urges the Government to refrain from carrying out
death sentences, particularly against minors, and to abolish the practice of executions.
JUA 24/06/2015 Case No. IRN 9/2015 State Reply: 16/03/2016 Allegations
concerning the imprisonment, sentencing, imposition of solitary confinement, and
denial of specialized medical care in detention of Ms. Atena Daemi, a civil rights
activist, and Mr. Seraj Mirdamadi, a journalist, in the aftermath of unfair trials.
208. The Special Rapporteur thanks the Government of the Islamic Republic of Iran for
its reply, dated 16 March 2016, to the present communication, available via the link
above.
209. The Special Rapporteur takes note of the information provided by the Government
regarding the verdicts returned against Ms. Daemi and Mr. Mirdamadi, which are not
final, and of the information that Ms. Daemi has been provided with medical care whilst
in detention. In spite of the information supplied, the Special Rapporteur finds that the
Government, in its reply, does not sufficiently address the concerns, legal obligations,
and questions raised in the initial communication, regarding the solitary confinement
and degrading conditions of confinement imposed upon Ms. Daemi, and the solitary
confinement of and denial of adequate medical treatment of Mr. Mirdamadi, thereby
prompting him to conclude that the Government has failed to cooperate fully and
expeditiously with the mandate issued by the Human Rights Council in resolution
25/13.
210. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, and is
therefore of the view that the Government of the Islamic Republic of Iran, by failing to
protect the physical and psychological integrity of Ms. Daemi and Mr. Mirdamadi, has
violated their right be free from torture or cruel, inhuman or degrading treatment as
provided by article 7 of International Covenant on Civil and Political Rights (ICCPR).
211. The Special Rapporteur highlights the Basic Principles for the Treatment of
Prisoners which stresses that “all prisoners shall be treated with the respect due to their
inherent dignity and value as human beings” (General Assembly resolution 45/111).
With respect to the conditions of imprisonment, the Special Rapporteur directs the
Government to the Nelson Mandela Rules (the United Nations Standard Minimum
Rules for the Treatment of Prisoners), which establish minimum standards of healthy
accommodation (Rule 13) and adequate and prompt provision of health care (Rules 24
and 27).
212. Concerning the allegations of denial of medical treatment, the Special Rapporteur
highlights that the U.N. Standard Minimum Rules for the Treatment of Prisoners
(“Mandela Rules”) establish that “[p]risoners who require specialized treatment or
surgery shall be transferred to specialized institutions or to civil hospitals” (Rule 27(1)).
41
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