A/HRC/19/61/Add.4
obtains redress, including fair and adequate compensation, and as full rehabilitation as
possible.
(d) JUA 11/01/2011 Case No. IRN 1/2011 State replies: 04/02/2011 21/06/2011 Alleged
pattern of unlawful executions, arrests and detentions.
74.
The Special Rapporteur thanks the Government of the Islamic Republic of Iran for
its response to this communication regarding numerous alleged unlawful executions,
arrests, detentions, torture and other forms of ill-treatment. Regrettably, the Government‟s
response failed to substantively address the claims that Mr. Hossein Khezri was repeatedly
subjected to torture between his arrest in July 2008 and execution in January 2011.
Moreover, no explanation was provided for the denial of Mr. Khezri‟s March 2010 request
for an investigation of the allegations of torture. The Government‟s response additionally
failed to address the allegations that Mr. Jaafar Kazemi and Mr. Javad Lari were arrested
for their political activism in September 2009 and August 2010 respectively, and subjected
to torture during interrogation in order to obtain confessions to false charges. With regard to
Mr. Khezri‟s allegations of torture and ill-treatment, the Special Rapporteur notes that
paragraph 8(a) of Human Rights Council Resolution 16/23 of 12 April 2011, which
reminds States that “[i]ntimidation and coercion, as described in article 1 of the Convention
against Torture, including serious and credible threats, as well as death threats, to the
physical integrity of the victim or of a third person can amount to cruel, inhuman or
degrading treatment or to torture.” Lastly, with regard to the allegations of forced
confessions of Mr. Kazemi and Mr. Lari, the Special Rapporteur reiterates that confessions
obtained under torture or other forms of ill-treatment are strictly inadmissible in court
proceedings, as established by article 14(3) of the International Covenant on Civil and
Political Rights. The Special Rapporteur again requests information on the measures
undertaken to ensure that any statement or confession obtained under torture is excluded
from judicial proceedings. Based on the information received, the Special Rapporteur
determines that the rights of Mr. Khezri, Mr. Kazemi, and Mr. Lari under international
standards prohibiting torture and other cruel, inhuman or degrading treatment or
punishment have been violated. Because Mr. Khezri is no longer alive, the Special
Rapporteur calls on the Government to provide full redress, including compensation, to his
dependents in accordance with international standards prohibiting torture and cruel,
inhuman or degrading treatment or punishment. With regard to Mr. Kazemi and Mr. Lari,
the Special Rapporteur calls on the Government to set aside any conviction based on
evidence obtained under torture, and ensure that both individuals obtain redress, including
fair and adequate compensation, and as full rehabilitation as possible.
(e) JUA 11/02/2011 Case No. IRN 3/2011 State Reply: None to date Alleged imposition of
the death penalty on minors.
75.
The Special Rapporteur regrets that the Government of the Islamic Republic of Iran
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to allegations of
imposition of death penalty and the use of torture and other forms of ill-treatment in
interrogation of Ms. Fatemeh Salbehi and Mr. Ehsan Rangraz Tabaatabaa‟ie, both of whom
are minors. The Special Rapporteur is particularly concerned about the allegations that Mr.
Rangraz Tabaatabaa‟ie was beaten, blackmailed and forced to confess. The Special
Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23 of 12
April 2011 “[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.” Moreover, the Special
Rapporter asserts that the use of confessions extracted under torture in judicial proceedings
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