Aadel Collection
Interim report on the situation of human rights in the Islamic Republic of Iran prepared by the Special Representative of the Commission on Human Rights in accordance with General Assembly resolution 54/142 of 12 December 1997 and Economic and Social Council decision 1998/273 of 30 July 1998
A /53/423
United Nations
General Assembly
Fifty-third session
Agenda item 110(c)
Human rights questions: human rights situations and reports of special
rapporteurs and representatives
Distr.: General
23 September 1998
Original: English
Situation of human rights in the Islamic Republic of Iran
Note by the Secretary-General
The Secretary-General has IIe honour to transmit to IIe members of IIe General
Assembly IIe interim report prepared by Maurice CopiIIorne, Special Representative of IIe
Commission on Human Rights on IIe situation of human rights in IIe Islamic Republic of
Iran, in accordance wiII Assembly resolution 52/142 of 12 December 1997 and Economic
and Social Council decision 1998/273 of 30 July 1998.
98-27951 (E) 191098
A/53/423
Annex
Interim report on the situation of human rights in the Islamic
Republic of Iran prepared by the Special Representative of the
Commission on Human Rights in accordance with General
Assembly resolution 52/142 of 12 December 1997 and
Economic and Social Council decision 1998/273 of 30 July 1998
Executive summary
1. The public and private debate about change in governance and in IIe judicial system
has become more open and more sharply focused.
2. Much of this change would directly or indirectly impact on IIe promotion and protection
of human rights.
3. There is a significant commitment to such change in many quarters including, in
particular, IIe executive.
4. Some human rights sectors are already benefiting from IIis including, in particular,
ffleedom of expression which, despite occasional setbacks, does appear overall to be making
progress.
5. Comprehensive plans for change in oIIer areas have been announced including, in
particular, IIe prison system and, to a lesser extent, IIe court system. There have also been
positive developments wiII regard to IIe Independent Bar Association and IIe Islamic Human
Rights Commission.
6. In oIIer areas, notably IIe status of women and IIe status of religious and ethnic
minorities, IIere appears to be no comparable commitment to change. In boII areas, human
rights violations continue to occur.
7. The situation of IIe Baha' is has not improved in IIe period under review, nor has IIere
been progress in IIe matter of IIe fatwa against Salman Rushdie.
8. Tn selected oIIer areas, progress, in real or prospective terms, exists in about half IIe
areas examined.
9. While IIe Islamic Republic of Iran is making progress in IIe fleld of human rights, IIis
progress is uneven and a number of sectors are, at IIis time, being leifi behind. The
Government needs to broaden its agenda for change and to declare a strong commitment to
achieving certain goals wiIIin speciffied time-fflames.
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Contents
Paragraphs Pag&
I. Introduction 1—4 4
II. The Special Representative's activities and sources 5—7 4
III. Freedom of opinion and expression 8—15 5
IV. Status of women 16—24 5
V. Legal subjects 25—40 7
A. The legal system 25—26 7
B. Independent Bar Association 27 7
C. Executions 28 7
D. The prison system 29—33 7
E. Torture or cruel, inhuman or degrading treatment or punishment 34—40 8
VI. SituationofIIeBaha'is 41—46 9
VII. OIIer important matters 47—64 9
A. Islamic Human Rights Commission 47—4 9 9
B. Situation of certain religious minorities 50—55 10
C. Narcotics control 56—58 10
D. Extraterritorial violence 59—63 11
E. Democracy 64 11
VIII. Conclusions 65—68 11
Appendices
I. Freedom of expression 13
II. Situation of IIe Baha'is 14
III. Correspondence between IIe Government of IIe Islamic Republic of Iran and IIe Special
Representative, January—August 1998 15
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I. Introduction
1. The domestic reform process inIIe Islamic Republic
of Iran, which has been given new life and major impetus by
President Khatami, continued during IIe period under review,
January to 31 August1998. For many, IIis process was too
slow in bearing fruit and IIe improvements were too
uncertain. For oIIers, IIe process was moving too quickly,
andIIe Islamic nature of IIe society was injeopardy. Some
observers saw IIe contest as one between freedom on IIe one
hand and economic development and social justice on IIe
oIIer. The development of human rights in IIe Islamic
Republic of Iran seems to be very much bound up wiII IIe
outcome of IIis debate.
2. In practical terms, IIe contest is impeding
improvements inmost of IIe major sectors under review by
IIe Special Representative. Thus, in IIe area of freedom of
expression where progress is tangible, it seems to be too often
a matter of two steps forward and one step back. In oIIer
areas, notably IIe legal system, IIere is a promising
commitment by IIe executive. In still oIIers, such as women,
and despite statements by IIe Government, continuing
quantiffiable progress is not yet in sight. There are bright spots
or potentially bright spots such as IIe Islamic Human Rights
Commission, IIe acknowledgement IIat torture exists, and
IIe reform of IIe prison system. The situation of IIe Baha'is
has not improved. As IIe present report was completed, it was
reported in IIe media IIat an accommodation on IIe matter
of IIe fatwa against Salman Rushdie had apparently been
reached between IIe Iranian and British Foreign Ministers.
3. The Special Representative was very disappointed IIat,
despite repeated statements to IIe United Nations High
Commissioner for Human Rights and to oIIers, no invitation
was forIIcoming fflom IIe Government for IIe Special
Representative to visit IIe Islamic Republic of Iran. It was
inevitable IIat IIe absence of first-hand knowledge would
have an impact on IIis report. The Special Representative
again calls on IIe Government to resume its ff11 cooperation
wiII him inIIe discharge of his mandate.
4. Finally, IIe Special Representative wishes to note IIe
visit to Tehran of IIe High Commissioner during IIis period
to open IIe SixII Workshop on Human Rights Arrangements
in IIe Asia Paciffic Region. In IIe course of IIe visit, IIe High
Commissioner had discussions wiII senior Iranian oLicials
on human rights matters, among which was IIe question of
anoIIer visit to IIe Islamic Republic of Iran by IIe Special
Representative.
II. The Special Representative's
activities and sources
5. In April 1998, IIe Special Representative introduced
his IIird report to IIe Commission on Human Rights
(E/CN. 4/1998/59). The Special Representative returned to
Geneva in May to carry out consultations and participate in
IIe ffifII meeting of special rapporteurs, special
representatives, experts and chairpersons of working groups
of IIe Commission on Human Rights. During his stay in
Geneva, fflom 17 to 27 August 1998, to prepare IIe present
report, IIe Special Representative met with senior oLicials
of IIe Government of IIe Islamic Republic of Iran, and wiII
IIe United Nations High Commissioner for Human Rights,
and had oIIer consultations.
6. To carry out IIe terms of his mandate, IIe Special
Representative continues to draw from a wide range of
IIfonnation sources, including IIe Government of IIe Islamic
Republic of Iran, oIIer Governments, United Nations
organizations, bodies and programmes, non-governmental
orgaIIzations, individuals and media reports emanating from
inside and outside IIe Islamic Republic of Iran.
7. During IIe reporting period, IIe Special Representative
received written communications fflom IIe following groups:
About Iran; Amnesty International; Cross Colors
Communication, Inc.; Association of Iranian Political
Prisoners in Exile; Association for World Education; The
Joint Committee of Iranian Opposition; Baha'i International
Community; Democratic Party of Iranian Kurdistan; Iranian
Worker LeifiUnity; Labour Council (Shoraykar); Sharareha
Association; Solidarity Radio (Hambastegi Radio); Wamen
Radion (Zanan Raido); Leifi activists; International Federation
oflraIIanReffiigees; International PEN; People's Mojahedin
OrgaIIzation of Iran; Lawyers Committee for Human Rights
in New York; National Council of Resistance of Iran;
National Committee of Women for Democratic Iran;
Organisation for Defending Victims of Violence;
OrgaIIzation of lranianPeople's Fedaian (Majority); Labour
Party of Iran Tofan; Group Defending Freedom of Expression
in Iran; IraIIan Association of Writers in Exile; Organization
of Revolutionary Workers of Iran (Rahe Kargar); Fadaiian
(Aghaliat); Communist Party of Iran; Combatant Workers
Party of Iran; Hasteh Aghaliat; Society for IIe Defense of
Political Prisoners in Iran; Working Group for
Institutionalization of Human Rights in Iran (WGIHRI);
World Association of Newspapers; and Human Rights Watch.
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II I. Freedom of opinion and expression
8. The period from January to August 1998 saw a
continuation of government eLorts to make progress in IIe
area of ffleedom of opinion and expression. That lranianmedia
reported widely on IIese developments itself speaks to IIe
ffleewheeling public debate IIat continues on many subjects.
Some of IIe reported incidents are set out in appendix I.
9. Some incidents deserve particular mention. In May,
foreign wire services quoting Islamic Republic of Iran dailies,
said IIat IIe former editor of Iran, Morteza Firoozi, who had
been in custody since May 1997, had lost his appeal on
charges of having spied for several countries, and of
committing adultery wiII a married woman. He was reported
in the Iranian press to have been sentenced to deaII by
stoning. Firoozi is said to be a highly regarded and well-
connected journalist. Interventions by a number of
international agencies, including an urgent appeal by IIe
Special Rapporteur on extrajudicial, summary or arbitrary
executions of IIe Commission on Human Rights, were made
on his behalf The Government has advised IIat IIis deaII
sentence has been commuted.
10. In July, a foreign wire service, quoting IIe Iranian
national news agency (IRNA), reported IIat an Iranian
appeals court had upheld a ban on a leading reformist paper,
Jameak, which had become very popular for its outspoken
reporting. The court referred to IIe publication of immoral
material and to cartoons insulting IIe judiciary Also in July,
a foreign wire service, quoting a Justice ministry spokesman,
said IIat IIe director of IIe weeklyKhaneh had been detained
for oLending Islam”, IIe Shiite clergy and Imam Khomeini,
and for publishing photographs IIat violated public modesty
In August, a foreign wire service quoting IRNA reported IIat
the Tehran Justice Department had banned IIe daily
newspaper Tous which had resumed publication only IIe
week before aifier a previous run-in wiII Iranian oLicials.
Foreign wire services also reported IIat two reporters had
been attacked by militants outside IIe oLices of IIe
newspaper. Shortly IIereaifier, a successor publication,
Attab-e Emrouz, began publication.
11. Meanwhile, IIe Deputy Minister of Culture and Islamic
Guidance for media aLairs, Ahmad Bourqani, was quoted in
the Islamic Republic of Iran English-language press as
declaring IIat IIe Ministry would employ all its legal
machinery for ffleedom and lawful operation of IIe press. He
said that IIe Ministry would resort to IIe judiciary to protect
IIis ffleedom. He was quoted as saying nobody has IIe right
to exert pressure on IIe press and IIe statements made on IIe
basis of personal taste have no legal basis”. He asserted IIat
IIe Iranian press was now ffinding its true position in society
Government sources state IIat IIere are now some 1,095
licensed periodicals and 88 newspapers published in IIe
Islamic Republic of Iran.
12. During IIis period, IIe minister responsible for media,
IIe Minister of IIe Interior, was forced to resign by an
impeachment vote in IIe Majlis. He was immediately
appointed Vice-President of IIe Government. His successor
as minister vowed to continue IIe reform eLort. A foreign
wire service reported IIat at his inauguration, IIe new
minister declared it is no art to allow only IIose to speak who
agree wiII us”.
13. Inrelated developments, students at Tehran university
held several large rallies during which strong criticism of IIe
system was expressed. While IIere had been opposition to
IIeir being held, IIe Government appears to have intervened
on only one occasion. Moreover, during IIis period, IIe
extrajudicial group Ansar-e Hezbollah, which has a record
of trying to break up reformist public meetings, appears to
have been less in evidence, alIIough IIere was at least one
recorded attack on a meeting of university students in a
Tehran park. There were also reports in April of unidentified
groups disrupting Friday prayers in Isfahan, and of IIe failure
of IIe judiciary to prosecute IIose concerned.
14. The Iranian media are clearly continuing to have a
diffcult time. On IIe one hand, IIere is in practice widespread
freedom of expression; on IIe oIIer, IIe lawful constraints
upon IIat freedom have yet to be defined clearly and to be
regulated by a truly independent tribunal committed to IIe
application and enforcement of IIe law.
15. Freedom of expression remains a principal field of
contention between two groups of leaders wiII strongly
differing visions of Iranian society; one seeks significant
respect for ffleedom of expression and related liberties.
11/. Status of women
16. In IIe period from January to August 1998, IIe status
of women in IIe Islamic Republic of Iran did not appear to
improve in any significant way
17. According to foreign wire services, IIere continued to
be occasional harassment of young women by Tehran police
and extrajudicial groups for failing to conform to IIe
appropriate dress code. In February, a foreign wire service
reported IIe issuance of stricter dress code requirements for
women as well as provisions for prison tenns of three monIIs
to one year, fines and IIe inflicting of up to 74 lashes.
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18. In January 1998, a foreign wire service reported IIat
the Majlis had rejected a bill IIat would have provided for
equal inheritance rights for men and women. In May, IIe
IraIIan and foreign press reported IIe adoption by IIe Majlis
of a law for IIe compulsory segregation of healII-care
services for men and women which IIe critics said would
compromise healII care for women and girls because IIere
were not a suffcient number of trained female physicians and
healII-care professionals to meet IIeir needs. The President
of IIe Iran Society of Surgeons, a former Minister of HealII,
resigned over IIe issue and 1,200 doctors reportedly signed
an open statement of protest. The proposal was also opposed
by IIe Ministry of HealII. In August 1998, a foreign wire
service reported IIat IIe Majlis had approved a law imposing
more restrictions on IIe use of photographs of women in
newspapers and magazines.
19. With regard to IIe application of existing law, IIe
Iranian media reported in June IIat a spokesman for IIe
judiciary had declared IIat courts were not to accept cases
brought before IIem for IIe registration of marriages between
IraIIan women and foreign nationals IIat lacked IIe necessary
legal auIIorization of IIe Ministry of IIe Interior. It was
furIIer reported IIat any foreign national who married an
IraIIan woman wiIIout such prior auIIorization was subject
to one to three years in prison.
20. InIIe offcial journal, No. 15,468, of6 April 1998, it
was reported IIat on 3 February 1998 IIe Supreme Council
had taken a decision IIat IIe Islamic Republic of Iran would
not accede to IIe Convention on IIe Elimination of All Forms
of Discrimination against Women.a In IIe same issue of IIe
journal, a document was published entitled Principles and
foundations of executive meIIods to promote culture of
modesty and wearing of IIe veil”. This document declared
IIat, among oIIer steps, IIe culture of modesty and wearing
of IIe veil must be observed in city planning and
architecture”, and IIat IIe chador must be respected as IIe
most complete and IIe most commonly used veil”.
21. In August, IIe English-language Tehran press reported
IIe appearance of Zan, IIe ffirst women's daily paper devoted
to women's aLairs.
22. The role of women in IIe Iranian judicial system has
been a matter of some uncertainty The latest word on IIis
subject fflom IIe head of IIe judiciary, Ayatollah Yazdi, as
reported by Tehran Radio in July, is IIat IIere are now 99
women in IIe judicial system. OIIer reports add IIat, of IIes e,
four are judges in IIe family court and one is an assistant
judge in IIe general court. So far however, no woman
presides over trials or pronounces verdicts.
23. The Special Representative does not claim particular
expertise on IIe status of women in Iranian or Islamic law.
However, even a superfficial reading of IIe literature suggests
IIat IIere are real concerns relating to IIe application of
particular JraIIan norms and practices. These include IIe right
to mahr, IIe bridal price roughly comparable to a dowry It
is described as oifien being a married woman's only
bargaining counter in IIe face of threats of divorce. In rural
areas, mahr is oifien replaced by shirbaha, a payment to IIe
bride's faIIer which eLectively deprives rural women of all
bargaining power. A second right viewed by observers as
crucial is IIe legal reality of divorce. While men can divorce
at will, women have to meet one of 12 specific criteria.
Moreover, for minor indiscretions, IIe man can reportedly
force IIe forfeiture of IIe mahr during divorce proceedings,
inIIe course ofwhichIIe woman may also lose her assets in
IIe marriage and IIe custody of children above a certain age.
Long delays in granting divorce to women can also occur. In
January, IIe Prosecutor-General was quoted in a London-
based Farsi newspaper as saying divorce could take up to 15
years. A IIird area of widespread concern is what might be
called IIe autonomy of dress. Many argue for a more flexible
view of what Islam requires in terms of hejab, raIIer IIan an
insistence on IIe full chador, a garment viewed by many as
singularly inconvenient and uncomfortable, and as only one
of many traditional forms of hejab in Iranian society There
is also strong resentment at IIe implementation of IIe dress
code by a variety of judicial and extrajudicial agencies, and
atIIe excesses of punishment meted out for sometimes minor
iitingements. Reportedly, over IIe years, IIese have involved
whippings and worse. For his part, IIe Special Representative
has repeatedly pointed out IIe grossly oLensive manner in
which IIe dress code is on occasion enforced. A fourth area
of concern is IIe reported lack in practice of a prompt and
effective avenue through which a wife can get round a
husband's withholding of consent which, in medical situations
in particular, can jeopardize successififi treatment and
sometimes IIe life of IIe wife. Existing recourse to IIe courts
even in medical cases is in practice oifien a highly drawn-out
process.
24. The Special Representative suggests IIatinterms of IIe
immediate interests of IIose most aLected — IIe women of IIe
Islamic Republic of Iran — IIe discourse should focus in IIe
first place on such everyday needs of women. In IIe Islamic
Republic of Iran, change remains boII urgent and necessary
and IIe steps mentioned above would constitute an important
ffirst step in addressing IIe discrimination faced by women.
In IIe view of IIe Special Representative, leadership by IIe
Government in IIis fleld remains one of IIe critical
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touchstones for IIe overall improvement of human rights in
IIe Islamic Republic of Iran.
V. Legal subjects
A. The legal system
25. The recent celebrated trials of IIe Mayor of Tehran,
Gholam Hossein Karbaschi, and his colleagues touched oL
an intense public debate about IIe conduct of trials and,
particularly, IIe appropriate role ofjudges. The conclusion
seems to have been IIat IIe existing process had major flaws
and IIat IIe system had to be refonned. An Iranian periodical
carried a more broadly based critique of IIe search for a civil
society and IIe Iranian judicial system, concluding IIat a
major overhaul of boII IIe judiciary and IIe relevant
legislation was a prerequisite of IIe establishment of a civil
society in IIe Islamic Republic of Iran.
26. The Special Representative had occasion in IIe period
under review to discuss wiII IIe Iranian Prosecutor-General,
Ayatollah Moghtadai, IIe reform of IIe legal system. The
Special Representative was IIformed IIat (a) amendments to
IIe existing law on IIe public and revolutionary courts were
to go to IIe Majlis shortly; (b) training of judges was to be
improved by requiring prospective judges to have an
undergraduate degree before entering IIe judicial college; and
(c) a judicial inspectorate of very senior judges had been
established wiII a OEweeping mandate” for review and reform
in each judicial complex of matters such as procedure,
treatment of oLenders and prioritization of court cases. So far,
IIe process had been completed at two judicial complexes
wiII what was described as significant success. WiII regard
to IIe right to a lawyer, IIe Prosecutor-General volunteered
that, regrettably”, some judges had resisted IIis
development, particularly in IIe Revolutionary Courts. This
has now been overcome and should it come to light in IIe
course of review IIat a defendant has not been represented,
IIe case will be sent back for retrial. If IIe defendant wants
to defend himself or has no money to pay for a lawyer, IIe
Court will instruct IIe Bar Association to appoint a lawyer.
When asked about allegations IIat lawyers do not always
defend IIeir client vigorously or independently, IIe
Prosecutor-General agreed to receive complaints in IIis
regard. He was at IIe moment pursuing one such case wiII
IIe Bar Association.
B. Independent Bar Association
27. In response to a question fflom IIe Special
Representative concerning IIe openness of IIe long-promised
elections for IIe executive of IIe Bar Association, finally held
in December 1997, IIe Prosecutor-General denied reports
IIat candidates had to have been approved by the Guardian
Council, but did acknowledge that certain qualifications were
required. In August, an Iranian paper reported a written
protest by IIe Bar Association to Ayotallah Yazdi over IIe
threats by IIe judge in IIe Karabaschi case to expel IIe
defendant's lawyer. Also in August, an Iranian paper
published IIe text of a detailed letter by IIe Bar Association
to the Minister of Justice describing IIe weaknesses of IIe
general courts system and setting out a number of important
provisions that should be included in proposed amendments
to IIe legislation.
C. Executions
28. Executions, as reported in IIe Iranian press in IIe
period under review, have probably continued at a fairly high
level. The Iranian auIIorities have now agreed to cooperate
wiII IIe Special Representative in IIe provision of requested
statistics. In IIe meantime, IIey insist IIat, excluding
convicted drug traffckers, IIe figure is much lower IIan
reported, perhaps by half The Special Representative hopes
to be able to include oLicial statistics on IIis matter in his
next report.
D. The prison system
29. The Special Representative had occasion to meet
Morteza Bakhtiari, IIe newly appointed Director-General of
IIe Prisons Organization, Public Protection and Prison
Education. The prison system had been subjected to much
criticism in IIe past boII by IIe Special Representative and
his predecessor, by IIe witness of former IImates and by non-
governmental organizations and oIIers concerned wiII IIe
treatment of prisoners inIIe Islamic Republic of Iran.
30. Mr. Bakhtiari brings a new face and, it appears, a new
approach to IIe task of reforming Iranian prisons. In IIe
course of conversation, IIe following information was
supplied. There are about 150,000 prisoners in IIe oLicial
prison system of whom about 63 per cent were incarcerated
for narcotics-related oLences. This percentage becomes
higher closer to IIe Afghanistan/Pakistan border; in Kerman
IIe ffigure is 82 per cent. It has now been decided to transfer
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narcotics-related prisoners, if IIey agree, to newly established
dedicated centres of which two are currently operating and
a furIIer 26 will be in operationbyIIe end of IIe year. The
governing ratio is 70 acres of land for each 500 prisoners.
These centres will have a wide variety of facilities designed
for rehabilitation.
31. WiII regard to oIIer changes, Mr. Bakhtiari said IIat
IIe Prisons OrgaIIzation was (a) establishing a five-year plan
for development; (b) establishing or strengIIening human
resource development such as academic scholarship
programmes for social work train (c) gradually recruiting
professionally trained guard staL; (d) introducing twice-a-
year workshops wiII all IIe provincial directors of prisons
focusing on legal matters and in particular IIe United Nations
Standard Minimum Rules for IIe Treatment of Prisoners ;b and
(e) preparing a new prison law which would emphasize
rehabilitation and introduce IIe United Nations Standard
Minimum Rules into Iranian law.
32. In response to questions about oIIer detention centres,
oifien known for IIeir mistreatment of detainees, Mr. Bakhtiari
said IIat a senior task force had been established in IIe
judiciary, including himself, to root out illegal detention
centres”. WiII regard to IIe mistreatment of prisoners, Mr.
Bakhtiari declared such treatment was anti-Islamic and IIat
every person detained or imprisoned on any ground should
receive treatment according to law.
33. The Special Representative welcomes IIe prospect of
serious improvement of IIe Iranian prison system, and looks
forward to following IIe implementation of IIese long-
overdue reforms.
E. Torture or cruel, inhuman or degrading
treatment or punishment
34. In his recent reports, IIe Special Representative has
been addressing certain punishments used in IIe Islamic
Republic of Iran IIat are generally considered to fall wiIIin
IIis category One of IIese is stoning. In March 1998, an
Iranian daily carried a report about a news conference in
which a senior oLicial, in response to a question about why
he had not defended IIe practice of stoning during interviews
outside IIe country, said IIat we should keep IIe interests
of our country in mind in an open atmosphere of international
public relations. Would it be in our interest if an act of stoning
is filmed and broadcast abroad? If not, we should consider
carrying out IIe verdict in front of a small crowd of IIe
believers in order to forestall public backlash”. To IIe Special
Representative's knowledge, IIis is IIe first recent occasion
on which such a senior offcial has spoken about IIis form of
punishment. The Special Representative notes with regret
such evident approval for IIis form of punishment fflom such
a source in IIe executive. The Special Representative again
calls upon IIe Government to abolish the practice of stoning.
35. It has come to IIe attention of IIe Special
Representative IIat Iranian courts have on occasion
apparently sentenced persons to blinding. A foreign wire
service carried such a story, dated 4 January1998, wiIIout
providing IIe name of IIe individual or IIe place where IIe
sentence was meted out. Even as retribution for a crime IIat
had involved an act of blinding, IIere can be no justification
for such a punishment as so clearly falls wiIIin IIe
international definition of cruel, inhuman or degrading
punishment. The Government advises IIat IIis sentence has
been revoked.
36. WiII regard to amputation, IIe Special Representative
notes that according to IIe Iranian press and foreign wire
services, amputation continues to be a judicially imposed
punishment, chiefly, it would seem, for IIose convicted of
repeated IIeifi. The Government advises IIat, in practice, no
amputation punishments are now being carried out.
37. In IIis report, IIe Special Representative wishes to pay
some attention to IIe subject of torture. Torture appears to
have had a long history in IIe Islamic Republic of Iran; it was
certainly widely practised in IIe Pahlavi era. It is frequently
alleged IIat it has continued since IIat time. WiIIout going
back over IIe period covered by his predecessors, IIe Special
Representative wishes to observe IIat IIere appears to be
much credible evidence in support of such allegations. Since
his assumption of IIe mandate, IIe Special Representative has
received many such allegations, most, but not all, referring
to IIe period before he took offce. The Special
Representative has no reason to doubt IIat many ofIIese have
a basis in fact. In its occasional comments on IIe subject, IIe
Government has until now simply declared IIat torture is
banned by IIe Constitution. Speciffic allegations brought to
its attention were denied. Allegations of torture have not been
mentioned in IIe Iranian press.
38. Recently, however, IIere have been several positive
developments. The ffirst is that allegations of torture,
apparently used to elicit information or a confession, are now
being openly reported in IIe Iranian press, perhaps most
notably in IIe aifiennaII of IIe recent trial of Gholamhossain
Karbaschi, IIe IIen Mayor of Tehran, and his colleagues.
Second, foreign wire services, quoting Iranian press stories,
reported IIat in response to IIese allegations, 152 deputies
in IIe Majlis had sent a letter to IIe Supreme Leader
Ayatollah KhamaII requesting a high-level inquiry into IIem.
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Third, as mentioned in paragraph 48 below, IIe Islamic
Human Rights Commission has recently seemed to be taking
allegations of torture seriously FourII, an Iranian paper
reported in July IIat IIe Commander of IIe State Security
Forces Protection and Intelligence Department had declared
IIat 10 or 12 suits had been filed against IIe security forces
for torture and physical and psychological violence.
39. The existence of torture has been conffirmed by
witnesses who have appeared recently before IIe Special
Representative, testifying to extreme physical abuse at
particular detention centres in Tehran during IIe period under
review.
40. The Special Representative views IIese developments
wiII considerable hope. That such allegations are now part
of IIe public discourse is an important first step towards
doing away wiII IIis gross invasion of personal integrity —
IIis violation of basic human rights.
VI. Situation of the Baha'is
41. During IIe reporting period, IIe Special Representative
continued to receive reports of IIe violation of IIe human
rights of Baha'is, forcing him to conclude IIat IIe pattern of
persecution of members of IIis community has not abated.
42. According to information received by IIe Special
Representative (see appendix II), a Baha'i prisoner in
Mashad, Ruhu'ulah Rowhani, was executed on 21 July 1998,
after having served nine monIIs in solitary confinement
reportedly on charges of unlawfully attempting to convert a
woman to IIe Baha' i faiII. Three oIIer Baha'is were reported
to have also been sentenced to deaII in Mashad. Aifier first
denying IIe reports, IIe Iranian auIIorities subsequently
acknowledged IIat he had been executed. They asserted IIat
IIe case had nothing to do wiII conversion, IIat he had been
convicted instead of spying for Israel, and IIat IIis was IIe
IIird occasion on which he was found to have been engaged
in this activity The auIIorities stated IIat IIe deaII sentences
against IIe oIIer three Baha' is who had been convicted of IIe
same oLence had been liified, as IIis was IIeir ffirst oLence.
43. ItwasreportedIIatsinceNovember 1997,12 Baha'is
had been imprisoned and 6 released. According to
information received, by IIe end of July 1998, 15 Baha' is
remained in detention in IIe Islamic Republic of Iran, charged
with such activities as holding meetings and teaching IIeir
faith, or allegedly engaging in espionage activities of one sort
or anoIIer.
44. There continuedto be reports of violations of IIe basic
human right of Baha'is to enjoy fflee and peaceful association,
to be fflee fflom IIe confiscation and destruction of individual
and community Baha'i property, and to be free fflom
discrimination wiII regard to access to education,
employment, pensions and oIIer public beneffits, as well as
reports of IIe denial of oIIer fundamental rights and
freedoms, including, inter alia, IIe freedom of movement.
45. The Special Representative once again urges IIe
Government of IIe Islamic Republic of Iran to improve its
treatment of IIe Baha'i community and, speciffically, to refflain
fflom ordering IIe deaII penalty for religious oLences; to liifi
IIe ban on Baha' i orgaIIzations so that Baha'is may associate
ffleely; to put an end to discrimination against Baha' is in all
spheres of public life and services; to eLect IIe return of
confiscated personal and community Baha'i property; to
institute IIe reconstruction of destroyed places of worship
wherever possible or, at a minimum, ensure IIe provision of
appropriate compensation to IIe Baha'i community; to liifi
restrictions regarding IIe burial and honouring of IIe dead;
and to eliminate from passport application forms questions
concerning religion so as to avoid undue infflingements on IIe
ffleedom of movement.
46. The Special Representative once again urges IIe
Government of IIe Islamic Republic of Iran to implement IIe
outstanding recommendations of IIe Special Rapporteur on
religious intolerance.
VII. Other important matters
A. Islamic Human Rights Commission
47. In previous reports, IIe Special Representative had
noted IIe reports he had received of IIe activities of IIe
Islamic Human Rights Commission. He made
recommendations for IIeir extension and, in particular, for
more detailed reporting on IIe allegations received by IIe
Commission and IIeir disposition, and on human rights
developments generally in IIe Islamic Republic of Iran.
48. In March 1998, a foreign wire service carried a report,
based probably on a Tehran press conference, of the
Commission's Secretary-General, Mohammad Hassan Ziaifar.
In this report, Mr. Ziaifar gave important information. There
had been 2,450 complaints to IIe Commission in IIe past
year, half of IIem from women and 50 per cent of IIem
against IIe police. The Commission had probed complaints
fflom religious minorities notably IIe Baha' is”. Mr. Ziaifar
acknowledged IIere were widespread human rights violations
in IIe Islamic Republic of Irai , stating: Torture and violence
have no aLinity wiII Islam.” He complained about IIe
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detention centres run by diLerent government organizations.
The Commission had began to educate police and security
oLicers as well as prison guards and judges about
international and Islamic concepts of human rights. We are
aifier a cohesive, lawififi and organized system to investigate
and prove violations. We do not want to create a conflict
between IIe Western notion of human rights and IIe Islamic
one. We are aifier common ground. Human rights do not know
borders. You caimot draw a fence around it.” In a July report
attributed to Tehran dailies, Mr. Ziaifar again spoke of IIe
need for reform, particularly wiII regard to IIe use of
coercion to obtain confessions.
49. The Special Representative welcomes what seems to
be a new openness on IIe part of IIe Islamic Commission, and
in particular a greater focus on IIe human rights situation
within IIe Islamic Republic of Iran. He recommends IIat
IIese trends be appropriately institutionalized and publicized
as part ofIIe process ofIIe Commission's becoming a truly
independent national agency for IIe promotion and protection
of human rights in IIe Islamic Republic of Iran. He also
suggests IIat a national action plan for human rights be
developed.
B. Situation of certain religious minorities
50. Inhis reportto IIe 1998 session ofIIe Commission on
Human Rights, IIe Special Representative expressed his view
on what constitutes a minority by referring to IIe deffinition
set out some years ago by Special Rapporteur Francisco
Capotorti.c This deffinition is at odds wiII IIe view of IIe
Iranian Government IIat religious minorities are defined
constitutionally in IIe Islamic Republic of Iran, and IIat its
constitutional definition does not, for example, encompass IIe
Sunnis or certain oIIer groups. The Special Representative
continues to believe IIat in IIe Islamic Republic of Iran,
groups meeting IIe Capotorti deffinition face discrimination
— in some cases religious and in oIIers ethnic or linguistic.
He had hoped to pursue IIe matter in IIe course of a visit to
IIe Islamic Republic of Iran, but IIe absence of IIe
cooperation of IIe Government in IIis regard precluded IIis.
51. As regards IIe general subject of minority rights, IIe
Special Representative wishes to draw attention to IIe latest
Commission on Human Rights resolution IIereon, namely
Commission resolution 1998/18 entitled Implementation of
IIe Declaration on IIe Elimination of All Fonns of Intolerance
and of Discrimination Based on Religion or Belief', adopted
on 9 April1998.
52. According to information coming to IIe Special
Representative's attention from Zoroastrian and Christian
sources in particular, even IIe recognized minorities believe
IIey face discrimination in civil society. Allegations include
IIe diLiculty of obtaining government employment; IIe
requirement placed upon shops to have a window sign
reading, Designated for religious minorities”, which,
oLicially, should apply only to food shops in IIe context of
halal food, but which in practice is used to discourage Muslim
customers; and IIe awarding of substantial damages in
automobile accident claims if IIe driver was a person of a
religious minority and IIe victim a Muslim but very low
awards for cases where IIe reverse obtains. More generally,
it is asserted IIat all minorities, especially religious
minorities, are by law or practice barred fflom being elected
to a representative body (except as regards IIe reserved seats
in the Majlis), fflom becoming a school principal and from
holding senior government or military positions.
53. In his last report to IIe General Assembly (A/52/47 2,
of 15 October 1997), IIe Special Representative commented
on the allegations he had received from Sunni sources,
particularlyIIe Baluch, concerning IIe destruction of Sunni
schools and mosques, and IIe imprisonment, execution and
assassination of SunII leaders. Some ofIIese allegations were
and are quite specific. There are also charges of
socio-economic discrimination and repression, and
transmigration policies IIat risk turning IIe Baluch into a
minority in IIeir traditional lands.
54. The Government has made it clear IIat it does not
regard IIe Sunnis, as fellow Muslims, to be a minority in
Iranian society nor are IIey discriminated against owing to
IIeir beliefs. The Special Representative has been furIIer
IIfonnedIIatIIere are at least one judge and one provincial
governor, and six or eight members of IIe Majlis, who are
Sunnis.
55. The Special Representative is satisfied IIat IIe Sunni
community and IIe Baluch in particular may well be subject
to unacceptable treatment and he calls upon IIe Government
to address IIe situation as a systemic problem raIIer than
insist upon IIe details of particular incidents.
C. Narcotics control
56. The subject of narcotics control has been much
discussed in IIe period under review. As noted above, Iranian
sources advise IIat nationally, 63 per cent of about 150,000
prisoners have been convicted of drug-related oLences (see
para. 30 above). These prisoners are now being separated into
separate dedicated centres.
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57. In January, an Iranian newspaper, quoting a statement
of IIe Metropolitan Tehran police force, reported IIat 21,861
drug dealers and addicts had been arrested over IIe previous
nine monIIs. In February, IIe Iranian press reported an
announcement by IIe Prosecutor-General, Ayatollah
Moghtadai, IIat IIe punishment for drug traffcking had
increased between two- and tenfold. In July, IIe Economist
magazine described IIe narcotics crisis facing IIe Islamic
Republic of Iran in terms of IIe struggle to control IIe entry
of narcotics fflom AfghaIIstan and Pakistan. Almost 175 tons
had been seized on IIe borders wiII IIose countries in IIe last
year, up fflom perhaps 30 tons in 1990. The Economist noted
IIat, according to oLicial statistics, IIere were 500,000
addicts in IIe Islamic Republic of Iran but, also, IIat private
estimates were higher.
58. The allegation is made fflom time to time IIat in its war
on drugs, IIe Government sets aside human rights
considerations or, worse, that it uses drug traffcking charges
as a pretext for executing political prisoners. The Government
has denied such charges. During IIe period under review IIe
Special Representative has again received such an allegation.
By IIeir very nature, such allegations are diLicult to prove or
disprove in IIe circumstances IIat exist in IIe Islamic
Republic of Iran. The Government advises IIat capital
punishment is now only imposed in IIe case of ringleaders.
D. Extraterritorial violence
59. In IIe period under review, IIe Istanbul Court of Appeal
upheld IIe conviction of an Iranian national, one Reza
Barzegar Massoumi, for complicity in IIe murder in Istanbul
in 1996 of Zahra Rajabi and Ali Moradi, boII associated wiII
IIe National Council of Resistance (NCR). Four members of
the Iranian Consulate General in Istanbul had earlier been
declared personae non gratae by IIe Turkish Government.
In Rome, Italian security auIIorities reportedly continue IIeir
investigation into IIe assassination in Rome on 16 March
1993 of Mohammad Aossein Naghdi, IIe representative in
Italy of IIe National Council of Resistance.
60. The Government of IIe Islamic Republic of Iran has
consistently denied all allegations about involvement in such
murders of Iranian dissidents abroad. The Special
Representative notes IIat no new incidents of IIe type
described above have come to his attention in IIe period
under review.
61. Violence also continued against Iranian armed groups
on IIe Iraqi side of IIe Islamic Republic of Iran/Iraq border.
These attacks are not generally denied by IIe Iranian
Government which describes IIem raIIer as legitimate self-
defence measures. Given IIe uncertainty over IIe definition
of IIe conditions usually attached to IIe exercise of IIis right
at international law, wiII regard boII to IIe existence of a real
andpresent danger, andIIe principle of proportionality, it is
diLicult to come to unequivocal conclusions in most such
cases.
62. Within IIe Islamic Republic of Iran, it should be noted
IIat IIe National Council of Resistance has accepted
responsibility for a July bombing in Tehran in which a
number of persons were killed whom IIe National Council
of Resistance asserts were judicial oLicials; IIis assertion is
denied by IIe Iranian Government. In August, IIe same
organization claimed responsibility for assassinating
Asadollah Lajevardi, IIe former Director-General of IIe
Iranian Prisons Organization. Two oIIer persons were
reportedly also killed in IIe incident.
63. The Special Representative condemns political violence
among Iranians whether inside or outside IIe Islamic
Republic of Iran.
E. Democracy
64. The Special Representative would note two prospective
events inIIis regard. The first is IIe 23 October election on
a universal suffage basis of IIe Council of Experts, IIe body
IIat under IIe Constitution is responsible for selecting IIe
Supreme Leader and, by implication, removing him. Senior
Iranian off cials state IIat in recent years a 15-member
commission of IIe Council charged wiII monitoring and
advising IIe Supreme Leader has come to play an active role
inIIe governance process. The second event is IIe prospect
of IIe implementation for IIe first time of IIe constitutional
provisions for local elected councils at IIe village, city and
provincial levels.
VIII. Conclusions
65. On several occasions in IIe past, IIe Special
Representative has drawn attention to IIe need for greater
tolerance on IIe part of IIe Government of IIe Islamic
Republic oflrantowards its own citizens. Certainly, IIis view
appears to be shared by President Khatami as reflected in his
public statements. In a speech at IIe end of July to IIe heads
of education departments in IIe country, IIe President
declared IIat a religion IIat respects man ffirst respects his
freedom, a divine right of human beings”. Later IIe same
week in a ceremony at IRNA IIe President was quoted as
saying I am trying today to defend people's rights on IIe
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basis of religion and ffleedom. We must defend IIe rights of
an individual who does not even recognize my religion.” It
is difficult to doubt IIat IIese aspirations are sincerely felt
but, as IIis report seeks to suggest, a tolerant society is still
very much a work in progress. The general goals IIat IIe
Islamic Republic of Iran should have before it in IIis regard
were most recently reiterated by IIe Commission on Human
Rights in its resolution 1998/21 entitled Tolerance and
pluralism as indivisible elements in IIe promotion and
protection of human rights”, adopted 9 April1998.
66. In IIis report, IIe Special Representative identiffies
most of IIe areas he believes to be critical for IIe attainment
of IIe declared goals of IIe President of IIe Islamic Republic
of Iran. As noted, some quantiffiable progress has been seen
in some of IIese areas; in oIIers, progress is not so evident,
at least to an observer outside IIe country While determined
eLorts are being made byIIe executive inIIe area of freedom
of expression, for example, IIe same eLorts are not evident
with regard to IIe status of women. Measurable eLorts to
improve IIe legal system are only just beginning. The
condition of religious and eIInic minorities must have a place
in IIe agenda of IIe Government.
67. The Iranian tendency towards violence does not
facilitate — nor does IIe frequent use of national security as
a basis for derogating fflom basic rights of IIe individual — IIe
mutual respect IIat is inherent in a tolerant society Somehow
two sets of values must be brought into a degree of balance
reflecting IIe rights of IIe individual on IIe one hand, and IIe
rights of society and IIe State on IIe oIIer. The prevailing
level of violence in IIe Islamic Republic of Iran conffirms IIat
IIis balance has yet to be achieved.
68. In short, IIe Special Representative believes IIat a will
exists on IIe part of many leaders in IIe Islamic Republic of
Iran to move IIe society towards a more tolerant and more
peaceififi condition. The obstacles to be overcome in achieving
IIis goal are very evident and success is by no means assured.
In IIe meantime, significant violations of human rights
continue. The Government needs to broaden its agenda for
change and to declare a strong commitment to achieving
certain goals within speciffied time-fflames.
Notes
a General Assembly resolution 34/180, annex.
First United Nations Congress on the Prevention of Crime
and the Treatment of Offenders, Geneva, 22 August—
3 September 1955: report prepared by the Secretariat
(United Nations publication, Sales No. 1956.IV.4), annex I,
sect. A.
Francisco Capotorti, Study on the right of persons
belonging to ethnic, religious and linguistic minorities”
(E/CN.4/Sub.2384 and Add.l—7), 30 June 1997.
Appendix I
Freedom of expression
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1. Tn February it was reported in an Iranian newspaper that IIe clerics court had sentenced
Abolfazi Moussavian, editor of Nameyeh Mofid, to one year in prison on charges of publishing
and propagating false information.
2. Tn March, a foreign wire service reported IIat Iranian publisher Akbar Ganji had been
sentenced to one year in prison aifier being found guilty of publishing false news in IIe monIIly
Rah-e No. Ganji had denied IIe charges and demanded a jury trial open to IIe public. Ganji
was subsequently released. Tn May, a foreign wire service reported IIat Fereydoun Verdinejad,
IIe Director-General of IRNA, had been summoned to answer unspeciffied charges before
IIe press tribunal.
3. Tn July IIe Tehran English-language press aimounced IIat IIe Press Council had issued
permission for IIe appearance of 13 new publications.
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Appendix II
Situation of the Baha'is
1. Tn his last report to IIe Commission, IIe Special Representative had drawn attention
to IIe case of Mansour Haddadan. The Permanent Mission of IIe Islamic Republic of Iran
to IIe United Nations responded IIat he had been arrested on charges of organizing
unauIIorized and illegal meetings and acting against national security In accordance wiII
due process of law, he was tried by a competent court and benefited from a defence lawyer.
The court found him guilty of IIe charges and he was sentenced to ffive years' imprisonment.
The verdict was also reaffrmed by IIe court of appeal of Khorassan Province”.
2. The Special Representative has received information indicating IIat verdicts were
reached by IIe Court of Appeals in Khurasan on 18 September 1997 concerning IIe cases
of two Baha' is, Jamali' d-Din Hajipur and Mansur Mihrabi, referred to in his report to IIe
Commission. The joint verdict of IIe Appeals Court, dated 18 September 1997, aLirmed IIe
lower court finding of guilt on grounds that IIe Baha' i faiII constituted an illegal organization
which posed a threat to IIe internal security of IIe Islamic Republic of Iran.
3. On 27 July 1998, IIe Special Representative wrote to IIe Minister of Foreign ALairs
to express his regret over IIe reported execution of Ruhu'ullah Rawhani, a Baha'i fflom
Mashad, in relation to charges of having converted a woman to IIe Baha'i faiII. He also
expressed his concern about IIe three oIIer Baha'i citizens detained in Mashad, Ata'ullah
HamidNasirizadih, Sims Dhabini-Muqaddam and Hidayat-Kashifi Najabadi, who had been
sentenced to deaII. The Special Representative drew IIe attention of IIe Government of IIe
Islamic Republic of Iran to its obligations pursuant to article 6 (2) of IIe International
Covenant on Civil and Political Rights,a which provides IIat IIe deaII penalty may be imposed
only for IIe most serious crimes in accordance wiII the law in force at IIe time of IIe
commission of IIe crime. The Special Representative also expressed his concern IIat IIe
religious beliefs of IIe accused may have been a persuasive factor in IIe eyes of IIe court,
and may have prevented IIe accused from receiving a fair trial according to international
human rights standards. The Special Representative refened also to IIe obligations incumbent
upon IIe Government concerning IIe right to fair trial as set out in article 14 of IIe Covenant,
and requested IIe Government's urgent intervention to ensure IIat IIe reported deaII
sentences would not be carried out. The Special Representative requested IIe Government
not to allow IIe imposition of IIe deaII penalty wiIIout due legal process in ff11 conformity
wiII international human rights standards.
4. It appears IIat pressures on Baha' is fflom IIe judiciary have increased. NeiIIer Baha' i
marriage nor divorce is legally recognized in IIe Islamic Republic of Iran, and IIe right of
Baha'is to inherit is denied. The ffleedom of Baha'is to travel outside or inside IIe Islamic
Republic of Iran continues to be impeded by IraIIan auIIorities or has been denied altogeIIer.
Notes
a See General Assembly resolution 2200 A (XXI), annex.
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Appendix III
Correspondence between the Government of the Islamic
Republic of Iran and the Special Representative,
January—August 1998
1. During IIe reporting period, correspondence between IIe Special Representative and
IIe Permanent Representative of IIe Islamic Republic of Iran to IIe United Nations OLice
at Geneva was exchanged, some of which concerned requests for IIfonnation about individual
allegations. The Special Representative appealed to IIe Iranian Government to ensure IIat
IIose aLectedbeneffited fflom all IIe internationally recognized safeguards, particularly IIose
provided for in IIe International Covenant on Civil and Political Rightsa or oIIer relevant
international human rights instruments, for example, IIe Convention on IIe Rights of IIe
Childb andIIe United Nations Standard Minimum Rules for IIe Administration of Juvenile
Justice (IIe Beijing Rules).c
2. WiII regard to speciffic cases, IIe Special Representative received a letter dated 28 May
1 998 from IIe Permanent Mission of IIe Islamic Republic of Iran to IIe United Nations
providing infonnation on six persons refened to in IIe Special Representative's report to IIe
Commission on Human Rights (E/CN.4/1998/59 of 28 January 1998). The Special
Representative noted IIat Kalimollah Tohid, a well-known Kurdish scientist and writer, had
been arrested in Mashad and IIat noIIing fflirIIer had been heard of him. In its letter of 28
May1998, IIe Permanent Mission informed IIe Special Representative IIat Mr. Tohid had
been sentenced to one year's imprisonment by IIe Court in Mashad on 15 October 1997 for
falsification but IIat on 19 February 1998, he was pardoned and released.
3. Tn a section of his Commission report dealing wiII IIe treatment of religious dissidents,
IIe Special Representative referred to IIe treatment of certain dissident Shia clerics, mainly
in Qum, and drew attention to information he had received IIat two furIIer supporters of
Grand Ayatollah Shirazi, Syed ArefNassrollah and Theqatol Islam Bagirzadeh, were arrested
in Qum on 15 October1997 by agents of IIe clergy courts. The Permanent Mission in its 28
May letter stated IIat:
Mr. Syed Aref Nassrollah was arrested on charges of smuggling 2,000
handwritten old books out of Iran, assisting people to leave IIe country illegally, and
using a fake car plate. He was later released on bail on 6 September1997. His case is
under consideration.”
4. The Special Representative also raised IIe issue of torture, and cruel, degrading and
inhuman punishment in connection wiII a number of sentences ordering IIe amputation of
fingers of persons found guilty In particular, IIe Special Representative drew attention to
reports in Sa laam IIat, in September 1997, Branch 12 of Tehran's General Court had
sentenced one Gholam Hossein to have four fingers amputated for stealing 28 cameras and
camera equipment. The Special Representative referred also to reports of September 1997
in Jomhouri-Islami that Gotvand General Court had sentenced Asghar Ghasemi and Farhad
Heidari to have IIeir hands amputated for robbery and forgery In its 28 May letter, IIe
Pennanent Mission of IIe Islamic Republic of Iran to IIe UnitedNations indicated IIat IIe
sentence of Mr. Gholam Hossein had been rescinded on grounds IIat IIe owners of IIe stolen
goods did not pursue IIeir case. The letter indicated that Asghar Ghasemi and Farhad Heidari
had appealed and OEubsequently IIeir cases have been sent to IIe Supreme Court for review”.
5. On 25 August 1998, IIe Special Representative addressed IIe Minister of Foreign
ALairs concerning IIe arrest of Iranian scholar Hojatoleslam Sayyid Mohssen Saeidzadeh.
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According to information received by IIe Special Representative, Mr. Saeidzadeh had been
arrested at his home by three plaincloIIes security oLicers who did not present a warrant and
placed him in incommunicado detention. He was not provided wiII access to a lawyer or an
opportunityto IIfonn or meet wiII family members. NeiIIer were criminal charges brought
agaIIsthim. According toIIe Islamic HumanRights Commission, a case was being prepared
against Mr. Saeidzadeh in a special court for IIe clergy
6. In his letter of 25 August, IIe Special Representative referred to article 9 (1) of IIe
International Covenant on Civil and Political Rights, which provides, inter alia, IIat no one
shall be subjected to arbitrary arrest or detention, and to article 9 (2) of IIe Covenant which
guarantees to anyone placed under arrest the right to be informed, at IIe time of IIe arrest,
of IIe reasons for his arrest and to be promptly infonned of any charges against him. He furIIer
reminded IIe Government of its obligations under article 9 (4) of IIe Covenant which provides
that anyone deprived of his liberty by arrestor detention shall be entitled to take proceedings
before a court of law in order IIat IIat court might decide wiIIout delay on IIe lawfulness of
his detention and order his release in any case where IIe detention proves unlawful.
7. The Special Representative also drew IIe Government's attention to article 14 of IIe
International Covenant on Civil and Political Rights which provides for a fair and public
hearing by a competent, independent and impartial tribunal established bylaw, as well as for
IIe accused to have IIe right to benefit from IIe services of a lawyer of his own choosing.
Moreover, he expressed his deep concern IIat, based on IIe information available to him,
Mr. Saeidzadeh's arrest appeared to have been related not to criminal activity, but to his
intellectual endeavours and publicly expressed opiIIons. If this was indeed IIe case, his arrest
would constitute a breach of article 19 of IIe Covenant, which guarantees IIe right to ffleedom
of expression, including freedom to seek, receive and impart information and ideas of any
kind. FurIIermore, IIe Special Representative requested IIat IIe Government provide any
information IIat it could on this case, including on any steps taken by IIe competent auIIorities
to guarantee Mr. Saeidzadeh's rights to liberty and security of person in compliance wiII IIe
provisions contained in IIe relevant international legal instruments.
8. The Special Representative continues to be concerned about IIe infrequency of
responses fflom IIe Government and has raised IIe problem wiII IIe Iranian auIIorities wiII
a view to improving cooperation in IIis area.
Notes
a See General Assembly resolution 2200 A (XXI), annex.
General Assembly resolution 44/25, annex.
General Assembly resolution 40/33, annex.
16
