A/HRC/43/61
television. 93 In October 2019, Iranian television aired a statement by Ruhollah Zam,
producer of the anti-government AmadNews Telegram channel, expressing his “regret”
over trusting the Governments of France and other countries. 94 It has been reported that Mr.
Zam was persuaded, under false pretences, to go to Iraq from France, where he had refugee
status. In Iraq, he was captured and returned to the Islamic Republic of Iran by the Islamic
Revolutionary Guard Corps.95 A parliamentary bill introduced in September 2019 aiming to
end the broadcasting of confessions on State-funded media prior to trial has been stalled. 96
The bill focuses on confessions by prisoners accused of political and security-related crimes
and aims to introduce a ban on broadcasting confessions from detainees with prison
sentences of between six months and three years, and an additional ban on State
employment of between one and five years for those involved in recording and
broadcasting such confessions.97
5.
Solitary confinement
54.
Depending on its aims, length and conditions, solitary confinement may amount to
torture or other cruel, inhuman or degrading treatment or punishment. 98 The Nelson
Mandela Rules provide detailed guidelines on solitary confinement, which is defined as the
confinement of prisoners for 22 hours or more a day without meaningful human contact,
and prolonged solitary confinement, which is understood to be solitary confinement for a
period in excess of 15 consecutive days (rule 44). According to the Nelson Mandela Rules,
solitary confinement should be used only in exceptional cases as a last resort, for as short a
time as possible and subject to independent review, and only pursuant to authorization by a
competent authority; moreover, solitary confinement should be prohibited in the case of
prisoners with mental or physical disabilities when their conditions would be exacerbated
by such confinement (rule 45). The prohibition on the use of solitary confinement involving
women and children referred to in other United Nations standards on criminal justice and
crime prevention need to be applied. 99 In its comments, the Government indicates that
solitary confinement is used only in rare instances during the judicial investigation, as well
as a punitive measure in places of detention for a maximum of 20 days, which may
therefore constitute prolonged solitary confinement according to the Nelson Mandela Rules.
The Government also noted that this punitive measure is mostly used in national security
cases and that prisoners are entitled to all their rights.
55.
The Human Rights Committee has noted that the prolonged solitary confinement of
the detained or imprisoned person may amount to acts prohibited by article 7 of the
Covenant. 100 According to the Basic Principles for the Treatment of Prisoners, efforts
addressed to the abolition of solitary confinement as a punishment, or to the restriction of
its use, should be undertaken and encouraged (principle 7). The Special Rapporteur remains
concerned about reports of torture and cruel, inhuman or degrading treatment of detainees
conducted during solitary confinement, which is a violation of international human rights
law.101
56.
One former detainee and student activist who spent four months in solitary
confinement at Evin Prison reported that she had been held in a windowless cell measuring
2m by 3m. She reported that artificial lighting was turned on 24 hours a day and that she
93
94
95
96
97
98
99
100
101
www.amnesty.org/en/latest/news/2019/07/iran-cruel-campaign-to-extract-propaganda-confessionsfrom-protesters-against-compulsory-veiling/.
www.ft.com/content/a9247a7c-f0b4-11e9-ad1e-4367d8281195.
Ibid. and www.reuters.com/article/us-iran-opposition-arrest/iran-says-it-captures-exiled-journalistwho-supported-2018-unrest-idUSKBN1WT1JT.
https://iranhumanrights.org/2019/11/no-action-yet-in-parliament-on-bill-to-ban-broadcast-ofconfessions-during-investigations/.
https://twitter.com/mah_sadeghi/status/1178262783030435840.
The Nelson Mandela Rules, rules 43–45.
See the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, para. 67, and
the Bangkok Rules, rule 22.
General comment No. 20 (1992) on the prohibition of torture, or other cruel, inhuman or degrading
treatment or punishment, para. 6.
A/66/268, paras. 76 and 87–88.
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