sentenced to death. His sentence was upheld in appeal [the spelling of the names as contained in the response differ from the one provided by the source]. The Government did not provide further information on appeals or trials before the Supreme Court. Additionally, the Government remained silent regarding the allegations of torture while in detained incommunicado and if investigations were conducted. Although the Government mentioned in its letter that defendants had a lawyer to represent them, no information was provided as to whether and at what stage of the proceedings the defendants had access to counsel and whether they were given the option to choose their own counsel.14 Although Messrs. Yousef Laftepour, Damir Mahavi, Ahmad Savaedi, Maher Mahavi, Valid Nisi, Majed Fowadi had their sentences commuted to five years of prison, Mr. Ali Savaed [the spelling of the names as contained in the response differ from the one provided by the source] was executed despite the request of the Special Procedures’ request. The Government of the Islamic Republic of Iran did not discuss whether fair trial guarantees were respected. B. The death sentences against the seven men should be suspended until the allegation of torture have been thoroughly investigated and all doubts in this respect dispelled. Article 38 of the Constitution of the Islamic Republic of Iran only prohibits torture and other ill-treatment when it is “for the purpose of extracting confession or acquiring information”. Article 39 prohibits “all affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished”.15 This prohibition is reinforced by Article 19 of the 2004 Law on Respect for Legitimate Freedoms and Safeguarding Citizen’s Rights. Additionally, Article 60 of the new Criminal Code of Procedure (2015) prohibits the use of “force, coercion, insulting language, leading questions and questions irrelevant to the charges” during interrogations and invalidates coerced statements. However, Iranian law does not define torture per se, nor does it provide for a separate crime of torture. Because there is no defined crime of torture and the prohibition of ill-treatment is limited to cases of extraction of confessions, the Iranian legal framework fails to establish adequate provisions for investigation and punishment of those responsible, or opportunity for victims to seek remedy or reparation. The Human Rights Committee explicitly stipulated that the ill-treatment of “persons against whom criminal charges are brought and to force them to make or sign, under duress, a confession admitting guilt violates both Article 7 of the Covenant prohibiting torture and inhuman, cruel or degrading treatment and article 14, paragraph 3 (g) prohibiting compulsion to testify against oneself or confess guilt.”16 The Government of the Islamic Republic of Iran did not provide information as to whether the allegations of torture against the seven men have been thoroughly investigated. 14 Report of the Special Rapporteur on independence of judges and lawyers, May 2011, 15 Constitution of the Islamic Republic of Iran, English translation, 16 UN Human Rights Committee (HRC), General comment no. 32, Article 14, Right to equality before courts and tribunals and to fair trial, 23 August 2007, CCPR/C/GC/32, available at: 3

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