A/hrc/28/68/Add. 1 Advance Version

251. 
     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).
     
252. 
     Ms. Jabbari is in danger of being imminently executed after a trial that did not meet due process standards. Ms. Jabbari was sentenced to death after being convicted of the murder of Mr. Morteza Abdolali Sarbandi, whom Ms. Jabbari claims tried to rape her. Ms. Jabbari was allegedly tortured and forced to confess; she was not allowed adequate legal counsel during her trial.
     
253. 
     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).
     
254. 
     The Special Rapporteur has not been able to confirm whether the execution of Ms. Jabbari 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 Ms. Jabbari, it is clearly violating her 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 Ms. Jabbari, as well as to refrain from, and abolish, the practice of executions.
     

255. 
     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).
     
256. 
     Mr. Saman Naseem was arrested on 17 July 2011 for allegedly participating in an armed confrontation between his political party, Party for Free Life of Kurdistan (PJACK), and the Revolutionary Guards. Mr. Naseem was under 18 at the time of his arrest and thus a minor. Mr. Naseem alleges that he was forced to sign a false confession and was reportedly denied legal representation and subjected to torture. Mr. Naseem was sentenced to death for “enmity against God” and is currently awaiting execution.
     
257. 
     The Special Rapporteur expresses grave concern over the fact that a minor was sentenced to death, an action that is in direct contradiction to international human rights law. The Rapporteur also expresses concern for the lack of due process in Mr. Naseem’s trial and sentencing.
     
258. 
     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).
     
259. 
     It has come to the attention of the The Special Rapporteur that, as of the drafting of this report, the execution of Mr. Naseem has not taken place. The Rapporteur strongly urges the Government of the Islamic Republic of Iran to refrain from executing him, as well as to refrain from and abolish the practice of executions.
     

260. 
     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).
     
261. 
     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 of Solitary Confinement, as the physical and social 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 or indefinite solitary confinement may never constitute a legitimate instrument of the State and it runs afoul of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, 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.
     
262. 
     Being aware of the arbitrary nature of any effort to establish a moment in time when an already harsh regime becomes prolonged and therefore unacceptable, the Special Rapporteur defined that prolonged solitary confinement is any period of solitary confinement in excess of 15 days (A/66/268) under conditions of total isolation. This definition was based on the large majority of scientific studies which indicate that after 15 days of isolation harmful psychological effects often manifest and may even become irreversible. For solitary confinement that includes some mitigating factors, such as access to reading and writing materials, radio or television, the term of legitimate use of isolation may exceed 15 days but would still have to be counted in days, not weeks or months or years. The Special Rapporteur recalls that when used indefinitely or for long periods, solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, because it may cause severe mental and physical pain or suffering, a point which has been reiterated in paragraph 28 of the General Assembly resolution 68/156.
     
263. 
     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 the Government of the Islamic Republic of Iran, by failing to prevent the physical and psychological torture and ill-treatment, including prolonged solitary confident, the denial of adequate medical care, and the introduction of new charges against Dr. Taheri and the re-arrest of Mr. Pourshaji, has violated their right to be free form torture or cruel, inhuman or degrading treatment as provided by articles 1 and 16 of the CAT.
     

JUA 17/01/2014 Case No. IRQ 1/2014 State Reply: None to date Allegations concerning the cases of Messrs. Bara’ Ibrahim Muhammad and Taysir Jassim Muhammad, who are at risk of imminent execution.

264. 
     The Special Rapporteur regrets that the Government of Iraq 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).
     
265. 
     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).
     
266. 
     In the absence of information to the contrary, the Rapporteur concludes that the Government of Iraq has failed to exclude evidence obtained under torture or ill-treatment, 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.
     
267. 
     It has come to the attention of the Special Rapporteur that, as of the drafting of this report, the execution of Messrs. Bara’ Ibrahim Muhammad and Taysir Jassim Muhammad has not taken place. The Rapporteur strongly urges the Government of the Iraq to refrain from executing Messrs. Bara’ Ibrahim Muhammad and Taysir Jassim Muhammad, as well as to refrain from, and abolish, the practice of executions.
     

(a) JAL 06/05/2014 Case No. ISR 1/2014 State Reply: None to date Allegations concerning the ill-treatment and torture of Palestinian children in Israeli custody.

268. 
     The Special Rapporteur regrets that the Government of Israel 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).
     
269. 
     The allegation letter referred to a pattern of physical and mental mistreatment of under-age Palestinian boys detained by the Israeli Defense Forces (IDF), and included the cases of three children, aged 17, 16 and 14, whose names were withheld because of their age. In each case, IDF members had applied violence to the boys in the course of their detention as well as in forcing them to confess to throwing stones at settlers’ vehicles and, in one case, throwing Molotov cocktails and stones in the course of demonstrations. One of the children was held in solitary confinement for five days. All three were forced to sign confessions under duress, statements that then formed the basis for sentences of several weeks in prison.
     
270. 
     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 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 or indefinite solitary confinement may never constitute a legitimate instrument of the State and is running afoul the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Furthermore, 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
     
271. 
     The Special Rapporteur recalls that when used or for juveniles, pregnant women, or people with mental disabilities, persons serving life sentences and persons awaiting execution on “death row” (A/66/268 and A/68/295), solitary confinement amounts to cruel, inhuman or degrading treatment or punishment or even torture, even if not used indefinitely or for a prolonged period of time.
     
272. 
     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 Israel, by failing to protect the physical and psychological integrity of the children in question, exclude evidence obtained under torture or ill-treatment from proceedings against them, and take steps to put a stop to the alleged pattern of abuse on the part of Israeli Security Forces, has acted in discordance with article 15 of the CAT and violated, their right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

273. 
     The Special Rapporteur regrets that the Government of Israel 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).
     
274. 
     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 Israel, by arbitrarily arresting and detaining Mr. Ahmad Ishraq Rimawi, has violated his right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

275. 
     The Special Rapporteur regrets that the Government of Israel 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).
     
276. 
     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 Israel, by passing a bill that would provide for the force-feeding and medical treatment of prisoners against their will, would violate a prisoner’s right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

277. 
     The Special Rapporteur regrets that the Government of Israel 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).
     
278. 
     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 Israel, by arbitrarily arresting and detaining Ms. Shireen Issawi, Mr. Medhat Tarek Issawi and Mr. Samer Issawi, has violated these prisoners' right to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT.
     

JUA 17/12/2013 Case No. ITA 3/2013 State Replies: 30/12/2013, 06/02/2014, 07/03/2014 and 26/03/2014 Allegations of arbitrary detention in Italy of Mr. Bahar Kimyongür, a journalist and activist, at risk of an imminent extradition to Turkey.

279. 
     The Rapporteur acknowledges the comprehensive account of the Government in response to the concerns, legal obligations and questions raised in the initial communication. He welcomes the information provided by the Government that the Government of Italy has rejected the Turkish extradition request and has released Mr. Kimyongür from house arrest.
     
280. 
     The Rapporteur welcomes the decision of the Government of Italy to refrain from extraditing him and thereby complying with article 3 of the CAT.
     

281. 
     The Special Rapporteur thanks the Government of Kazakhstan for its reply, dated 21 July 2014, to the present communication.
     
282. 
     He regrets that, as of the drafting of this report, no official translation is available to the Government’s reply of 21 July 2014.
     
283. 
     The Rapporteur will make his views on the case known later on, after being able to read an English version of the reply.
     

JUA 31/07/2014 Case No. KWT 2/2014 State Replies: 19/09/2014, 08/10/2014 Allegations concerning the use of force by the police during the peaceful demonstrations in Kuwait City from 2 to 7 July 2014, including the arbitrary detention of a few dozen peaceful protesters, and the infliction of serious injuries against at least five peaceful protesters, including one journalist covering the protests.

284. 
     The Special Rapporteur thanks the Government of Kuwait for its replies, dated 19 September 2014 and 8 October 2014, to the present communication.
     
285. 
     The Rapporteur takes note of the information provided by the Government concerning the action taken by the police from 2 to 7 July 2014 and the State’s human rights provisions in its Constitution.
     
286. 
     The Rapporteur finds that the Government' reply does not sufficiently address the concerns raised in the initial communication, which means that the Government fails fully and expeditiously to cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. The Rapporteur infers that the State similarly fails 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). In its replies, the Government fails to provide sufficient information regarding the alleged ill-treatment of Mr. Abdulhakim Al Fadhli and the alleged illegal police activity surrounding the protests from 2 to 7 July 2014.
     
287. 
     In the absence of sufficient information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication and that the Government of Kuwait by arbitrarily detaining the peaceful protestors in question and failing to investigate allegations of ill-treatment, 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.
     

288. 
     The Special Rapporteur regrets that the Government of Kyrgyzstan 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).
     
289. 
     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 Kyrgyzstan, by failing to protect the physical and psychological integrity of Ms. Dinara Turdumatova, 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 Special Rapporteur urges the Government of the Kyrgysz Republic to conduct a fair and impartial investigation into the episode and to prosecute and punish the agents of the Ministry of Internal Affairs who may be found responsible for the assault, as well as those who ordered or covered it up.