A/HRC/34/54/Add.3 226. The Special Rapporteur however finds that the Government, in its replies, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to conclude that the Government fails fully and expeditiously to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the International Covenant on Civil and Political Rights. 227. As observed by the Special Rapporteur in his 2012 report to the General Assembly (A/67/279), there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special Rapporteur further recalls that the execution of persons who are juveniles is per se a violation of an existing norm of customary international law (para. 64). 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). 228. In the absence of sufficient information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Iran by failing to protect the physical and psychological integrity of Mr. Ali Zehi, Mr. Azimi and Mr. Ahmadi, exclude evidence obtained under torture or ill-treatment, and take steps to prevent the execution of the latter three, has acted in discordance with article 15 of the CAT, and violated their right to be free from torture and other cruel, inhuman or degrading treatment or punishment as provided by articles 1 and 16 or the CAT, rights which are reflected in customary international law. The Special Rapporteur urges the Government of the Islamic Republic of Iran to refrain from executing these three persons. JUA 03/12/2015 Case No. IRN 23/2015 State Reply: None to date Allegations concerning the torture, ill-treatment, prolonged solitary confinement, and use of confessions extracted under torture of eight trade unionists and human rights defenders. 229. The Special Rapporteur regrets that the Government of the Islamic Republic of Iran has not replied to the present communication, thereby failing to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 230. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the initial communication, available via the link above, and is therefore of the view that the Government, by subjecting several individuals to prolonged solitary confinement and ill-treatment in detention, and by obtaining and using a coerced confession in judicial proceedings, has violated article 7 of the International Covenant on Civil and Political Rights (ICCPR) and customary international law prohibiting torture. 231. In the Special Rapporteur’s interim report to the General Assembly of 5 August 2011 (A/66/268), he defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects of Solitary Confinement, as the physical and social 44

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