A/HRC/10/8/Add.1 page 22 Observations 80. The Special Rapporteur regrets that she has not received a reply from the Government of Iraq concerning the above mentioned allegations. She would like to recall that each State has the positive obligation of ensuring that the persons on their territory and under their jurisdiction, including members of religious minorities, can practice the religion or belief of their choice free of coercion and fear. Furthermore, the General Assembly resolution 63/181 urged States to step up their efforts to eliminate intolerance and discrimination based on religion or belief, notably by taking all necessary and appropriate action, in conformity with international standards of human rights, to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, as well as incitement to hostility or violence, with particular regard to members of religious minorities in all parts of the world. Iran (Islamic Republic of) Communication sent on 30 August 2007 jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 81. The Special Procedures mandate holders brought to the attention of the Government information they had received concerning Shi’a cleric Ayatollah Seyed Hossein Kazemeini Boroujerdi, Iranian citizen, aged 49, who had been the subject of a joint urgent appeal dated 20 December 2006. According to the new information received, Mr. Boroujerdi’s trial was held on 10 June 2007 before the Special Court for the Clergy. He was denied legal counsel. It was unclear whether he was sentenced to death or whether his case was still under consideration. Allegedly the trial was related to Mr. Boroujerdi’s religious views since he supports freedom of religion and the separation between religion and politics. Mr. Boroujerdi was detained in Evin prison, where, on top of the severe conditions of detention, he was beaten and had cold water spilled on him while he was sleeping. Although he suffered from Parkinson’s disease, diabetes, high blood pressure and heart problems, Mr. Boroujerdi was reportedly denied permission to seek treatment at the prison’s medical facility until he started a hunger strike on 22 July 2007. Response from the Government dated 14 February 2008 82. The Government of the Islamic Republic of Iran informed that Seyed Hossein Kazemeini Boroujerdi had been Imam of Hemmatabad Mosque in Tehran since 1980, but due to misrepresentation of Islamic issues and unusual allegations on having metaphysical/heavenly relations aiming at creating a new sect with extremist inclinations, he was summoned to the Special Court for the Clergy in 1995. Pursuant to the Court investigations and testimony of his teachers, his knowledge of Islamic teachings had been found as being too preliminary to allow him to continue to preach in the mosque. Following the passing away of his father (who was Imam of Nour mosque in Tehran), who he was not allowed to replace in the mosque, Mr. Boroujerdi committed, according to the Government, the following new illegal and anti-Islamic teaching acts:

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