A/HRC/34/40
concerning the recommendations it received during the second cycle of the universal
periodic review in relation to such practices and to outlaw them as a matter of priority.
Access to adequate health care for people in detention
28.
Since June 2016, an increasing number of cases of denial of medical care attributed
to the Prosecutor’s Office or the prison administration have been reported. In many cases,
denial, discontinuation and withholding of medication and treatment, as well as denial of
release on medical grounds, were reported as intentional acts to intimidate and punish
political prisoners and prisoners of conscience, or to extract forced confessions or
statements of “repentance” from them. Between July and December 2016, at least 15 such
cases were reported.9
29.
In April, the Working Group on Arbitrary Detention issued an opinion on the
arbitrary nature of the arrest and detention of Zeinab Jalalian and requested the authorities
to release her immediately. 10 The Working Group observed that she had been denied
transfer to a hospital for urgently needed eye surgery and that the Government had not
refuted allegations that she was repeatedly tortured, deprived of adequate medical treatment
and forced to receive injections. At the end of 2016, Ms. Jalalian was still in detention and
had reportedly not yet received medical care.
30.
In July, the Office of the Prosecutor reportedly refused to consider an alternative
sentence for Hossein Ronaghi Maleki, a blogger who had been sentenced to 13 years’
imprisonment for his blog, although the Iranian Legal Medicine Organization had declared
in a written statement that he was not fit to serve time in prison. 11
31.
In October, Akbari Monfared, who was serving a 15-year prison sentence in relation
to her alleged membership of the banned opposition group known as the People’s
Mojahedin Organization of Iran, was reportedly denied medical treatment after publishing a
letter demanding justice for her brothers and sisters who were reportedly executed in 1988.
32.
Several human rights defenders currently in detention, including Narges
Mohammadi, Arash Sadeghi and Ali Shariati, were also denied medical treatment. At the
time of writing of the present report, Mr. Sadeghi and Mr. Shariati were consequently still
at risk of death or irreversible damage to their health. Several journalists have also been
denied medical care, including Issa Sahrkhiz and Afarin Chitsaz.
33.
The Secretary-General observes that depriving prisoners of medical care and putting
their life at risk is a well-documented pattern in the Islamic Republic of Iran. He recalls that
access to health care for prisoners is a right enshrined in both international and Iranian law
and that depriving a prisoner of medical care often causes severe pain or suffering. When
health care is denied as a form of punishment, intimidation or to extract a forced
confession, it constitutes torture. The Secretary-General calls on the authorities to
investigate all cases of denial of medical care, to take firm action against the perpetrators
and to provide redress and rehabilitation to the victims.
Torture and ill-treatment upon arrest and in detention facilities
34.
Other forms of ill-treatment of prisoners, such as the widespread use of solitary
confinement and incommunicado detention, and the denial of the right to family visits
(including contact with children), continue to be reported. An analysis of the 33
communications sent by special procedure mandate holders to the Government in 2016
shows that half the individuals covered by those communications were subjected to solitary
confinement.
9
10
11
6
See Amnesty International, “Health taken hostage. Cruel denial of medical care in Iran’s prisons”
(2016). www.amnesty.org/en/documents/mde13/4196/2016/en.
See opinion No. 1/2016.
Article 502 of the Code of Criminal Procedure provides that if there is no prospect of recovery and
the judge overseeing implementation of sentences is satisfied that the convicted person is unfit to
serve the sentence, the judge shall refer the case to the court that originally issued the sentence to
issue an alternative, appropriate sentence.
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