A/HRC/34/54/Add.3
isolation of individuals who are confined in their cells for 22 to 24 hours a day. He
observed that while solitary confinement for short periods of time may be justified
under certain circumstances, with adequate and effective safeguards in place, the use of
prolonged (in excess of 15 days) or indefinite solitary confinement may never constitute
a legitimate instrument of the State, as it may cause severe mental and physical pain or
suffering, a point that has been reiterated in paragraph 28 of the General Assembly
Resolution 68/156. Prolonged or indefinite solitary confinement runs afoul of the
absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Due to the prisoner’s lack of communication, as well as the lack of
witnesses inside the prison, solitary confinement may also give rise to other acts of
torture or ill-treatment. Furthermore, concerning the medical treatment provided by the
complainants, the Special Rapporteur highlights that the U.N. Standard Minimum Rules
for the Treatment of Prisoners (“Mandela Rules”) establish that “Prisoners who require
specialized treatment or surgery shall be transferred to specialized institutions or to civil
hospitals” (Rule 27(1)).
232. The Special Rapporteur notes with approval the commutation of one of the
complainant’s sentences from death to a lesser sentence. Nonetheless, the Special
Rapporteur strongly urges the Government to fully comply with its obligations under
the ICCPR, and customary international 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 Convention against Torture (CAT). The Rapporteur further
calls upon the State to comply with the standards set out in the Mandela Rules as
concerns the medical treatment provided the prisoners.
JUA 20/01/2016 Case No. IRN 1/2016 State Reply: 07/07/16 Allegations concerning
the sentence of execution by stoning or hanging of Mrs. Fariba Khalegi for the
crime of adultery.
233. The Special Rapporteur thanks the Government of Iran for its reply, dated 7 July
2016, to the present communication. The Special Rapporteur acknowledges the account
of the Government of Iran in response to the concerns, legal obligations, and questions
raised in the initial communication. He welcomes the information provided by the
Government, according to which the possibility exists for further review of Mrs.
Khalegi’s case by the head of the Judiciary with the possibility of retrial and
resentencing. However, in spite of the information supplied by the Government, its
reply fails to inform the Special Rapporteur about the use of death penalty for offences
that do not meet the threshold of the “most serious crimes” and the use of corporal
punishment, such as stoning, as a method of execution.
234. 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 that the Government, by using the death penalty for a crime such as
adultery, and by leaving the possibility open for an execution by stoning, has failed to
protect Mrs. Khalegi’s physical and mental integrity, and to protect her right to be free
from torture or cruel, inhuman or degrading treatment or punishment, as provided by
article 7 of the International Covenant on Civil and Political Rights and her right to life
under article 6(2) of the same, as well as the customary international law prohibiting
torture and cruel, inhuman, or degrading punishment.
235. For purposes of the imposition of capital punishment in retentionist States, the
Special Rapporteur recalls that the notion of “most serious crimes” means offenses
committed with intent to kill and that actually result in death. (A/HRC/4, para. 53 and
CCPR General Comment 6) He highlights the report to the General Assembly in August
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