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(c) JUA 28/02/2014 Case No. IRN 1/2014 State Reply: None to date Allegations concerning the cases of Mr. Rouhollah Tavani and Ms. Farzaneh Moradi, who are currently at risk of imminent execution in the Islamic Republic of Iran.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. 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 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).

  3. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Iran, by not taking steps to prevent the execution of Mr. Rouhollah Tavani and Ms. Farzaneh Moradi, violates 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. The State is urged to refrain from carrying out their executions.

(d) JUA 24/03/2014 Case No. IRN 4/2014 State Reply: 30/06/2014 Allegations concerning the deteriorating health of Mr. Mohammad Reza Pourshajari, who has been in prison since 2010.

  1. The Special Rapporteur thanks the Government of Iran for its reply, dated 30.06.2014, to the present communication.

  2. The Rapporteur takes note of the information provided by the Government that Mr. Pourshajari has seen several doctors who, after medical examinations, have determined that he does not suffer from any health conditions.

  3. Overall, the Rapporteur finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, which prompts him to infer that the Government fails to fully and expeditiously 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 Convention against Torture (CAT).

  4. In the absence of sufficient information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Iran fails to detail the results of the medical examinations of Mr. Pourshajari or to show that they were conducted under conditions of independence, impartiality and competence. Its reply also failed to address the legal basis for Mr. Pourshajari’s detention or provide details of steps taken to ensure the health of Mr. Pourshajari. The Rapporteur concludes that the Government of Iran has violated the right of Mr. Pourshajari to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(e) JUA 31/03/2014 Case No. IRN 5/2014 State Reply: None to date Allegations concerning the imminent execution of two individuals Mr. Ali Chebeishat and Mr. Sayed Khaled Mousawi.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. 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 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).

  3. In the absence of information to the contrary, the 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. Salman Chayani, Mr. Ali Chebeishat and Mr. Sayed Khaled Mousawi, exclude evidence obtained under torture or ill-treatment, and take steps to prevent the execution of the latter two, 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. The Special Rapporteur urges the State of Iran to refrain from executing these two persons.

(f) JUA 14/04/2014 Case No. IRN 6/2014 State Reply: None to date Allegations concerning the case of Ms. Rayhaneh Jabbari, who is reportedly at risk of imminent execution.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. 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 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).

  3. In the absence of information to the contrary, the 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 Ms. Rayhaneh Jabbari, exclude evidence obtained under torture or ill-treatment, and take steps to prevent her execution, has acted in discordance with article 15 of the CAT, and violated her 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.

  4. It has from other hand come to the attention of the Special Rapporteur, that Ms. Rayhaneh Jabbari was executed on 25 October 2014. The Rapporteur strongly condemns the execution and calls on the Government of Iran to undertake a prompt, impartial, and effective investigation of the alleged acts of torture, prosecute and punish the responsible for those acts, and to provide redress to the victim’s family for the torture and execution of Ms. Rayhaneh Jabbari.

(g) JUA 11/06/2014 Case No. IRN 9/2014 State Reply: None to date Allegations of acts of intimidation and reprisals in the form of the ill-treatment of detainees, including six human rights defenders detained in Evin prison.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. It is alleged that Messrs. Omid Behrouzi, Behnam Ebrahimzadeh, Mohammad Sadiq Kabudvand, Sa’id Metinpour, Hossein Ronaghi-Maleki, and Abdolfattah Soltani, detainees in Evin prison, were beaten, placed in solitary confinement, and deprived of adequate medical treatment. Additionally, Mr. Mentipour was reportedly forced to strip naked and undergo head shaving, and Mr. Soltani was handcuffed and forced to undergo head shaving. These allegations are especially concerning given that the ill-treatment may have been an act of reprisal due to the engagement of the men with the United Nations and its human rights mechanisms.

  3. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for twenty-two to twenty-four hours a day. It has been convincingly documented on numerous occasions that solitary confinement may cause serious psychological and sometimes physiological ill effects. When the element of psychological pressure is used on purpose as part of isolation regimes such practices become coercive and can amount to torture. Moreover, solitary confinement places individuals very far out of sight of justice, exacerbating abusive practices such as arbitrary detentions.

  4. In the absence of information to the contrary, the 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 prevent the arbitrary detention, physical abuse, and solitary confinement of Messrs. Omid Behrouzi, Behnam Ebrahimzadeh, Mohammad Sadiq Kabudvand, Sa’id Metinpour, Hossein Ronaghi-Maleki, and Abdolfattah Soltani, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(h) JUA 17/06/2014 Case No. IRN 10/2014 State Reply: None to date Allegations concerning the cases of Messrs. Hamed Ahmadi, Kamal Malaee, Jahangir Dehghani and Jamshed Dehghani, who are reportedly at risk of imminent execution, after being transferred to solitary confinement.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. As the Special Rapporteur observed, Article 14 of the ICCPR sets out the standards that must be observed before a sentence of death may be carried out. Furthermore, the United Nations Safeguards Protecting the Rights of those Facing the Death Penalty provides under article 5 that “Capital punishment may only be carried out pursuant to a final judgement rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings.” Only full respect for stringent due process distinguishes capital punishment as possibly permitted under international law from an arbitrary execution.

  3. The men were reportedly placed in solitary confinement, and forced to confess to their involvement in the assassination of a senior Sunni cleric, who was reportedly alive at the time of their arrest, and killed several months later. These confessions should be considered invalid based on paragraph 7c of Human Rights Council Resolution 16/23 which urges States to 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.

  4. Furthermore, Iran’s unrestricted use of solitary confinement, in disregard of article 7 of the Basic Principles for the Treatment of Prisoners, is of grave concern. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for twenty-two to twenty-four hours a day. Due to clearly documented harmful mental health effects of solitarily confinement, it may only be used where absolutely necessary for as short a time as possible. When the element of psychological pressure is used on purpose, as part of isolation regimes, such practices become coercive such that they amount to torture. Moreover, solitary confinement places individuals very far out of sight of justice, exacerbating abusive practices such as arbitrary detentions, which may be at issue in this case.

  5. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Iran, by permitting Messrs. Hamed Ahmadi, Kamal Malaee, Jahangir Dehghani and Jamshed Dehghani, to be kept in solitary confinement and sentenced to execution without due process of law, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. He urges to government of Iran to commute their death sentences and to bring them out of solitary confinement, as well as to investigate and prosecute State agents responsible for their mistreatment.

(i) JUA 14/07/2014 Case No. IRN 13/2014 State Reply: None to date Allegations concerning the imminent execution of Messrs. Hamed Ahmadi, Shahram Ahmadi, Alam Barmashti, Jahangir Dehghani, Jamshid Dehghani, Seyed Shaho Ebrahimi, Varia Ghaderifard, Mohammad Gharibi, Seyed Abdol Hadi Hosseini, Farzad Honarjo, Mohammad Keyvan Karimi, Taleb Maleki, Kamal Molaee, Pouria Mohammadi, Keyvan Momenifard, Sedigh Mohammadi, Seyed Jamal Mousavi, Teymour Naderizadeh, Farshid Naseri, Ahmad Nasiri, Borzan Nasrollahzadeh, Idris Nemati, Omid Peyvand, Bahman Rahimi, Mokhtar Rahimi, Mohammadyavar Rahimi, Abdorahman Sangani, Amjad Salehi, Behrouz Shahnazari, Arash Sharifi, Kaveh Sharifi, Farzad Shahnazari, and Kaveh Veysi, all Kurdish Sunni Iranians.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. It is alleged that between 2009 and 2010, thirty-three Kurdish Sunni men were detained, subjected to substantial physical and psychological torture including mock death and months of solitary confinement, and were sentenced to death. The death sentences of eight of the thirty-three men, Messers. Hamed Ahmadi, Jameshed Dehghani, Jahangir Dehghani, Komal Molaye, Seyed Jamal Mousavi, Abdorahman Sangani, Sedigh Mohammadi and Seyed Hadi Hosseini, have been sent to The Office for the Implementation of Sentences. The other twenty-five men, one of whom, Mr. Borzan Nasrollahzadeh, is reported to have been a minor at the time of his alleged crime, remain on death row, pending review by the Supreme Court.

  3. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment defined solitary confinement, in accordance with the Istanbul Statement on the Use and Effects Solitary Confinement, as the physical and social isolation of individuals who are confined in their cells for twenty-two to twenty-four hours a day. Due to clearly documented harmful mental health effects of solitarily confinement, it may only be used where absolutely necessary for as short a time as possible. Additionally, Paragraph 6 of General Comment No. 20 of the Human Rights Committee states that prolonged solitary confinement of the detained or imprisoned person, may amount to acts prohibited by article 7 of the ICCPR.

  4. The thirty-three execution sentences were reportedly ordered without allowing any of the men access to a lawyer. Article 5 of the United Nations Safeguard Protecting the Rights of those Facing Death Penalty states that capital punishment may only be imposed following trials that scrupulously respect the guarantees of due process and fair trial as stipulated in international human rights law. Article 6(2) of the ICCPR provides that countries which have not abolished the death penalty may only impose it for the most serious crimes. Additionally, article 6 (4) of the ICCPR establishes that anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Furthermore, any judgment imposing the death sentence and execution of juvenile offenders is incompatible with the international legal obligations undertaken under Iran’s Government under various instruments, including article 6(5) of ICCPR and 37 (a) of the Convention on the Rights of the Child (CRC).

  5. 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 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).

  6. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the Government of Iran, by permitting Messrs. Hamed Ahmadi, Shahram Ahmadi, Alam Barmashti, Jahangir Dehghani, Jamshid Dehghani, Seyed Shaho Ebrahimi, Varia Ghaderifard, Mohammad Gharibi, Seyed Abdol Hadi Hosseini, Farzad Honarjo, Mohammad Keyvan Karimi, Taleb Maleki, Kamal Molaee, Pouria Mohammadi, Keyvan Momenifard, Sedigh Mohammadi, Seyed Jamal Mousavi, Teymour Naderizadeh, Farshid Naseri, Ahmad Nasiri, Borzan Nasrollahzadeh, Idris Nemati, Omid Peyvand, Bahman Rahimi, Mokhtar Rahimi, Mohammadyavar Rahimi, Abdorahman Sangani, Amjad Salehi, Behrouz Shahnazari, Arash Sharifi, Kaveh Sharifi, Farzad Shahnazari, and Kaveh Veysi, to be physically abused, held in solitary confinement, and sentenced to death without due process of law, has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT. The Rapporteur urges the government of Iran to commute all of their death sentences, to remove them from solitary confinement, and to investigate and prosecute those State agents who may be responsible for their torture.

(j) JUA 21/07/2014 Case No. IRN 14/2014 State Reply: None to date Allegations concerning the situation of journalists and human rights activists who have been arrested, imprisoned, denied medical assistance, and/or charged in the months of June and July 2014, for exercising their rights to freedom of opinion and expression, peaceful assembly and association.

  1. The Special Rapporteur regrets that the Government 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, and 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 Convention against Torture (CAT).

  2. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, reiterated above, and thus, that the alleged beating of Mr. Mehdi Khazali and the sentencing to lashes of Mr. Mehdi Khazali and Ms. Marzieh Rasouli violate the prohibition of torture under article 7 of the ICCPR, and reiterated in paragraph 1 of Human Rights Council Resolution 16/23. This is especially concerning in light of the allegation that these sentences were ordered as punishment for the prisoners’ exercise of free expression and peaceful protest. By permitting the sentencing to lashes of Mr. Mehdi Khazali and Ms. Marzieh Rasouli, the Government of Iran has violated their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.

(k) JUA 02/10/2014 Case No. IRN 19/2014 State Reply: None to date Allegations concerning the imminent execution of Mr. Seyyed Hossein Kazemeyni Boroujerdi in the Islamic Republic of Iran.

  1. 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, and 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 Convention against Torture (CAT).

  2. The report alleges that Mr. Boroujerdi was sentenced to 11 years in prison and to capital punishmentfor “waging war against God” as well as endangering national security. Since Mr. Boroujerdi’s 2007 imprisonment, he has suffered from poor health due to physical abuse, poor prison conditions and other forms of torture. Mr. Boroujerdi has not had access to legal representation or medical treatment since entering prison. On October 1st, 2014, Mr. Boroujerdi was moved to an unknown location in preparation for his execution.

  3. 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 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).

  4. The Special Rapporteur has not been able to confirm whether the execution of Mr. Boroujerdi has taken place. However, he finds that in the event that the Government of the Islamic Republic of Iran fails to stop the execution of Mr. Boroujerdi, it is clearly violating his right to be free form torture or cruel, inhuman or degrading treatment as provided by articles 1 and 16 of the CAT. The Rapporteur strongly urges the Government of the Islamic Republic of Iran to refrain from executing Mr. Boroujerdi, as well as to refrain from, and abolish, the practice of executions.
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