A/HRC/43/61
serious infection that could have been avoided had he remained hospitalized. He has
reportedly been denied appropriate treatment repeatedly since, both for his cancer and for
the infection, and his arm is now discoloured and immobile. There is also evidence of
unnecessary use of force, such as the use of handcuffs and leg shackles, on political
prisoners while they are receiving medical treatment in hospital. The Nelson Mandela
Rules, in particular rules 47 and 48, prohibit the use of chains, irons or other instruments of
restraint that are inherently degrading or painful.
IV. Conclusions and recommendations
A.
Human rights situation
68.
The Special Rapporteur recommends that the Government, the judiciary and
the parliament:
(a)
Undertake prompt, independent and impartial investigations into all acts
of violence that have taken place in the context of the November 2019 protests,
including deaths of protesters and reported deaths in custody, and into reports of illtreatment, and to hold those responsible accountable;
(b)
Ensure that all those arrested, including those arrested during the
November 2019 protests, for the peaceful exercise of their rights to freedom of
opinion, expression, assembly and association are released, and ensure also that the
detaining authorities promptly report the whereabouts and situation of detainees to
their families;
(c)
Take all measures necessary to mitigate the effects of economic
sanctions, meet the obligations of the Islamic Republic of Iran under the International
Covenant on Economic, Social and Cultural Rights, including on the protection of
vulnerable groups, and establish transparent financial mechanisms to ensure that
trade in medicines and other essential humanitarian items continues;
(d)
Pending its abolishment, remove the death penalty as punishment for all
offences other than the most serious crimes, which involve intentional killing, and
ensure that all individuals sentenced to death for offences other than intentional
killing have their sentences commuted;
(e)
Ensure that prisoners and detainees are protected from all forms of
torture and ill-treatment and that confessions obtained through torture or illtreatment are never admitted as evidence against the accused;
(f)
Amend the Islamic Penal Code and the Code of Criminal Procedure to
ensure that confessions alone are not sufficient for establishing guilt;
(g)
Ensure that all persons accused of any crime have access to a lawyer of
their choosing during all stages of the judicial process, including during the initial
investigation and interrogation stage, and are provided with legal aid as needed;
(h)
Protect the rights of all persons belonging to religious and ethnic
minorities, address all forms of discrimination against them and release all those
imprisoned for having exercised their right to freedom of religion or belief;
(i)
Ensure that lethal force is used only when strictly unavoidable to protect
life, in accordance with principle 9 of the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, and that everyone is allowed to participate in
lawful and peaceful assemblies, in accordance with article 21 of the International
Covenant on Civil and Political Rights;
(j)
Ensure that human rights defenders, including women human rights
defenders, lawyers and journalists, are not threatened with or subjected to
intimidation, harassment, arbitrary arrest, deprivation of liberty or other arbitrary
sanction, and release all those detained in connection with their work;
19
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