A/HRC/31/26
public.16 On 13 December 2015, Iranian media reported that a woman convicted of adultery
was sentenced to death by stoning in Gilan province. As at the end of December, the verdict
was awaiting confirmation by the Head of the Judiciary. Article 225 of the new Islamic
Penal Code prescribes stoning as a punishment for people convicted of adultery.17 United
Nations human rights mechanisms hold the view that execution by stoning constitutes a
form of torture or other cruel, inhuman or degrading treatment or punishment prohibited in
international law, including the International Covenant on Civil and Political Rights. The
Human Rights Committee has concluded that stoning to death for adultery is a punishment
that is grossly disproportionate to the nature of the “crime”. 18
18.
The Secretary-General regrets the Government’s refusal to accept all the
recommendations concerning torture and other cruel, inhuman or degrading punishment
that it received during the second cycle of the universal periodic review. The Government
accepted parts of four recommendations while rejecting recommendations that it outlaw
inhuman corporal punishments, revoke all laws that allowed corporal punishment of
children, and investigate and prosecute all those responsible for ill-treatment or abuse of
detainees (A/HRC/28/12 and Corr.1). The Government also rejected recommendations that
it ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and the Optional Protocol thereto.
19.
The persistence of torture and other cruel, inhuman or degrading punishment in
various places of detention and prisons also remains of serious concern. Beatings, stress
positions, denial of medical attention and prolonged solitary confinement are among
commonly applied methods of ill-treatment. Such treatment appears to affect mainly human
rights defenders, journalists, social activists, political activists, members of some religious
groups and individuals associated with some minority groups. The authorities argue that
torture is prohibited under Iranian law and that perpetrators are subjected to severe
penalties. They stated that detention facilities were systematically supervised and
inspections carried out by relevant authorities, including the Supervision and Management
of Prisons Organization.
20.
Between January and November 2015, special procedure mandate holders
transmitted 14 communications to the Government of the Islamic Republic of Iran
concerning prolonged solitary confinement, forced confessions, flogging, amputations,
blinding, virginity tests (also referred to as “virginity examinations”), pregnancy tests and
lack of medical attention to prisoners. For instance, on 13 September 2015, Shahrokh
Zamani, a labour rights activist, reportedly died of a stroke in Rajai Shahr prison. He had
been waiting for nearly a year to receive a magnetic resonance imaging test for persistent
neurological symptoms. The denial of health care, along with the severely overcrowded and
unsanitary conditions and deficient food, is believed to have caused his death.
21.
On 10 January 2015, Atena Farghdani, a peace activist and artist, was arrested and
beaten in front of her parents and later in front of a court judge. In June, she received a
sentence of 12 years and 6 months of imprisonment. While in prison, she was reportedly
subjected to torture, sexual harassment and degrading detention conditions. Furthermore,
she was reportedly forced to take virginity and pregnancy tests and held in solitary
16
17
18
6
In January 2015, a young man identified as Hamid S. reportedly underwent surgical removal of his
left eye and right ear after a 2005 incident in which he attacked a man with acid, causing the victim to
lose an eye and an ear. In their comments on the present report, the authorities confirmed that the
blinding sentence was carried out on 4 March 2015, after the victim insisted on the implementation of
qisas.
See http://ana.ir/news/71450 (in Persian).
General comment No. 20.
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