A/HRC/19/82
Constitution forbids torture, the Penal Code stipulates stringent punishment for offenders,
and confessions extracted through torture have no legal validity.
5.
As referred to the communications report submitted to the Human Rights Council in
September 2011,2 the Working Group on Arbitrary Detention, the Special Rapporteur on
torture and other cruel, inhumane or degrading treatment or punishment, the Special
Rapporteur on independence of judges and lawyers, and the Special Rapporteur on the
situation of human rights defenders, in a joint communication, expressed concerns at the
alleged detention and torture of Mohammad Reza Houtan Kian, a lawyer, who was arrested
by security forces on 9 October 2010. After his indictment on 10 October, Mr. Kian was
reportedly taken to Evin Prison, where he was allegedly kept in solitary confinement and
subjected to frequent torture. On 24 January 2011, following a trial in which he had no
access to a lawyer, Mr. Kian was reportedly sentenced to a year in prison and a five-year
ban on practising law. Reports received also suggest that Nasser Alboshokeh Derafshan, an
ethnic Arab who was reportedly arrested by security forces on 26 January 2012, died under
torture during his detention. His family was informed of his death on 30 January 2012.
During his detention, Mr. Alboshokeh was neither permitted contact with his family nor
granted access to any legal representation. Local authorities reportedly warned the family
members to keep the memorial service private as a condition for the funeral to take place.
6.
Cases of amputation and corporal punishment, such as flogging, continue to be
reported. On 11 December 2011, authorities in Shiraz reportedly amputated the hand and
foot of two people. According to the official news agency, the Iranian Students’ News
Agency (INSA), the foot amputation was carried out in Adel Abad Prison on an armed
robber who had already had one hand amputated. A hand amputation was carried out
simultaneously on a second person charged with robbery. The Public Prosecutor of Shiraz
stressed in media reports the effectiveness of sharia law in the deterrence of crimes, and
that the judiciary was determined to deal decisively with serious crimes. 3 On 29 October
2011, another limb amputation was reported to have been carried out on a thief in Yazd
central prison.4
7.
Increasing cases of corporal punishment, particularly in public, also remain a cause
of utmost concern. On 24 December 2011, a man accused of “forbidden acts” was
reportedly publicly whipped in Masjid Soleiman province. 5 On 20 December 2011,
authorities in Shiraz carried out sentences of public lashing on three people accused of
indecent conduct.6 Furthermore, according to media reports, three people accused of
kidnapping were each publicly punished to 99 lashes on 31 October 2011 in Shahrod
Province.7
B.
The death penalty, including public executions
8.
The Secretary-General welcomes the omission of the punishment of stoning and
details of this method of execution in the new Islamic Penal Code adopted by Parliament in
January 2012. The Secretary-General regrets, however, that the new law fails to fully
2
3
4
5
6
7
4
A/HRC/18/51.
ISNA, 11 December 2011. Available from http://isna.ir/ISNA/NewsView.aspx?ID=News-1907876.
Ibid., 29 October 2011. Available from www.isna.ir/ISNA/NewsView.aspx?ID=News1879851&lang=p.
Ibid., 24 December 2011. Available from www.isna.ir/ISNA/NewsView.aspx?ID=News1916573&lang=p.
Ibid., 20 December 2011. Available from http://isna.ir/ISNA/NewsView.aspx?ID=News-1914750
Ibid., 31 October 2011. Available from http://isna.ir/ISNA/NewsView.aspx?ID=News-1914750.
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