A/HRC/28/70
87.
The Special Rapporteur reiterates his firm belief that the Government could
significantly improve the country’s human rights situation by implementing
recommendations made during both universal period review cycles and those made by
the Secretary-General, the Commissioner for Human Rights, the treaty bodies and the
special procedures. This includes reconsidering previously rejected recommendations
to accede to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Elimination of All Forms of
Discrimination against Women and the two ILO conventions related to collective
bargaining and the formation of unions.
88.
High priority should be placed on amending laws and policies that undermine
or violate internationally recognized rights and standards, and that therefore diminish
the Government’s capacity to address concerns highlighted during the review and
presented in the present and other reports produced by the human rights
mechanisms. The Government should rescind laws that render as offences activities
conducted to exercise legitimate rights under international law, including any laws
that restrict the press, criminalize expression, limit access to information and give rise
to the ongoing arrests of civil society actors and members of vulnerable groups,
including religious and ethnic minorities, as well as laws that apply the death penalty
to offences, such as drug-trafficking, that are not considered to be “most serious
crimes” under international law. Moreover, the mandatory use of the death penalty is
not compatible with the fair trial safeguards required under international law for the
application of the death penalty73 and should be reconsidered.
89.
Authorities should immediately rescind the death sentences against all political
prisoners and prisoners of conscience, including those of Soheil Arabi and others,
whose alleged actions do not constitute a serious crime under international law. The
Government should also note that international law and consensus define juvenile
execution as the execution of individuals who were under the age of 18 at the time of
the commission of the relevant crime, not at the time of implementation of the
sentence. He reiterates his call on the Government to officially ban this practice and to
align its practices with its obligations under international law. He repeats his call to
enforce a complete moratorium on the death penalty in the meantime. These actions
could drastically reduce executions for non-capital offences and better ensure
protections for the right to life.
90.
The Government should also expedite the removal of landmines and explosives
that continue to pose a threat to the lives and security of populations located in their
vicinity, enhance provisions for public education, particularly for at-risk children, and
ensure immediate and non-discriminatory access to adequate medical treatment and
pension programmes for victims and their families.74
91.
The Special Rapporteur welcomes the release of political prisoners and
prisoners of conscience, but remains concerned about the initial cause for their
prosecution. He echoes the renewed concern of the Special Rapporteur on the
situation of human rights defenders about the Government’s overly broad
73
74
See the report of the Secretary-General on capital punishment and implementation of the safeguards
guaranteeing protection of the rights of those facing the death penalty (E/2010/10 and Corr.1) for a
detailed discussion on the relevant human rights jurisprudence.
Ιn areas where landmines pose a threat to the safety of children, investment must be made to ensure
the complete clearing of landmines and cluster bombs from all affected areas. See Committee on the
Rights of the Child, general comment No. 17 (2013) on the right of the child to rest, leisure, play,
recreational activities, cultural life and the arts, para. 57 (e).
21
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