Aadel Collection

Report on the situation of human rights in the Islamic Republic of Iran, submitted by the Special Represenetaive of the Commission on Human Rights, Mr. Maurice Danby Copithorne, pursuant to Commission resolution 1998/80

          
          UNITED
          NATIONS
          Economic and Social
          Council
          E/CN. 4/1999/32
          28 December 1998
          Original: ENGLISH
          COMMISSION ON HUMP N RIGHTS
          Fifty—fifth session
          Item 9 of the provisional agenda
          QUESTION OF THE VIOLATION OF HUMP N RIGHTS AND FUNDAMENTAL
          FREEDOMS IN ANY PART OF THE WORLD
          Report on the situation of human rights in the Islamic Republic
          of Iran, submitted by the Special Representative of the
          Commission on Human Rights, Mr. Maurice Danby Copithorne,
          pursuant to Commission resolution 1998/80
          CONTENTS
          Paragraphs Page
          Executive summary
          Introduction
          I. THE SPECIAL REPRESENTATIVE T S
          AND SOURCES
          II. FREEDOM OF EXPRESSION . . .
          III. THE STATUS OF WOMEN . . . .
          IV. THE STATUS OF MINORITIES .
          V. THE STATUS OF THE BAHA T IS .
          VI. LEGAL SUBJECTS
          A. The courts
          B. The Bar Association . .
          3
          1—8 3
          ACTIVITIES
          9—11 4
          12 — 25 5
          26 — 34 7
          35 — 39 9
          40 — 45 10
          46 — 64 11
          46 — 53 11
          54 — 58 12
          GE.98—05378 (E)
        
          
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          CONTENTS ( continued)
          ParaQra hs PaQe
          C. Torture and other cruel, inhuman or
          degrading treatment or punishment . . . . 59 - 62 13
          D. Executions . . . . . . 63 — 64 14
          VII. DEMOCRACY/A CIVIL SOCIETY . . . . 65 - 74 14
          VIII. DISAPPEARANCES AND SUSPICIOUS DEATHS . . . . 75 - 77 15
          IX. OTHER MATTERS . . . . 78 - 83 16
          K. CORRESPONDENCE WITH THE GOVERNMENT OF THE
          ISLAMIC REPUBLIC OF IRkN . 84 — 85 17
          XI. CONCLUSIONS . . 86 - 87 17
          Ann cxc s
          I. FREEDOM OF EXPRESSION . . . . 19
          II. THE STATUS OF MINORITIES . . 21
          III. IRANIAN CONSTITUTIONAL PROVISIONS ON MINORITIES . . . 22
          IV. DISCRIMINATORY LAWS . . . . . 23
          V. CORRESPONDENCE BETWEEN THE SPECIAL REPRESENTATIVE
          AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN,
          SEPTEMBER -DECEMBER 1998 . . . 24
        
          
          E/CN. 4/1999/32
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          Executive Surcoeary
          President Khatami's plans for a tolerant, diverse and law—abiding
          society continue to unfold and their full implementation could have a major
          impact on human rights in the Islamic Republic of Iran.
          Progress is being made, notably in the area of freedom of expression,
          but it faces considerable resistance.
          The status of women is a high—profile subject but with little progress
          so far in sight on core issues.
          The status of minorities continues to suffer benign neglect.
          In some aspects of the legal system, the beginnings of change and of
          progress are in sight.
          There continues to be great store set in the further development of
          democracy in Iran.
          The condition of the Baha'is remains unchanged or perhaps, in some
          respects, it has worsened.
          There has been a rash of disappearances and suspicious deaths that have
          created great unease in the country.
          Introduction
          1. In the period under review, from 1 September to 15 December 1998,
          progress continued to be made towards President Khatami's goal of a civil
          society, tolerant, diverse, and operating within the rule of law. Human
          rights - individual and group - were at the centre of this process. In the
          open atmosphere that now exists, it was not difficult to follow the progress
          as well as the failures.
          2. For some, the progress is frustratingly slow. For others, it is
          proceeding in such a way as to threaten Islamic verities, the very basis of
          the Islamic Republic. The discourse is a remarkably open one which itself
          speaks for the enhancement of the freedom of expression in the country.
          3. Indeed, this freedom is the terrain on which the debate, the
          struggle, is largely being waged. There has been a steadily increasing
          institutionalization of the paradigm within which this and its related rights
          can be safely exercised. The edges of the paradigm are still rough and
          subject to much controversy, but the trend is clear and said to be
          irreversible.
          4. In certain legal areas including the court system and the re—emergence
          of the Bar Association, there is the prospect of change that must benefit
          human rights in the country.
          5. Other areas, notably the status of women, are the subject of much
          attention. The advocates of change became ever more outspoken and now include
        
          
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          members of the political elite. However, the progress to date continues to be
          at the periphery; there is little sign so far of a willingness to tackle core
          issues.
          6. The status of minorities continues to be an apparently forgotten one in
          the Government's plans and the full implications of the term wdiversity
          appears yet to be fully recognized.
          7. Overall, opposition to the President's plans does not seem to have
          diminished. Indeed, there is a fear that the struggle may be developing a
          raw, even violent, edge. A rash of unexplained disappearances and suspicious
          deaths of intellectual and political activists has set nerves on edge and
          reinforced fears for the further development of a law—abiding society.
          8. With regard to cooperation with the Commission on Human Rights, the
          Special Representative would note that the Government has not issued an
          invitation to him during the period under review, and he has thus not been
          able to visit Iran since February 1996. On the other hand, he does
          acknowledge the issuance of an invitation to the Working Group on Enforced or
          Involuntary Disappearances to visit Iran.
          I. THE SPECIAL REPRESENTATIVE'S ACTIVITIES AND SOURCES
          9. The Special Representative introduced his fourth report to the Third
          Committee of the General Assembly (A/53/423, annex) on 6 November 1998. While
          in New York, he held consultations with representatives of the Government of
          the Islamic Republic of Iran and representatives of several non—governmental
          organizations based in North America. The Special Representative travelled to
          Geneva from 7 to 17 Decer er 1998 to draft the present report. The extensive
          programme for his stay in Geneva included a number of consultations and
          meetings with senior officials from the Iranian Government and the Office of
          the United Nations High Commissioner for Human Rights (OHCHR) . He also met
          with representatives of various non—governmental organizations, and he
          received representations from interested persons concerning alleged human
          rights violations in the Islamic Republic.
          10. In seeking to discharge his mandate, the Special Representative has used
          many sources for information, including the Government of the Islamic
          Republic, other Governments, individuals, non—governmental organizations and
          the Iranian and international media. In Geneva, the Special Representative
          had an opportunity to participate in an inter—agency informal consultation
          organized by OHCHR to discuss and exchange information among various
          United Nations and other intergovernmental agencies about the human rights and
          humanitarian situations in the Islamic Republic.
          11. During the period under review, the Special Representative received
          written communications from the following non—governmental organizations:
          About Iran; Amnesty International; Human Rights Watch; Baha'i International
          Community; Committee for Defence of Liberty in Iran; Committee for the Defence
          of Prisoners in Iran; Committee to Protect Journalists; Democratic Party of
          Iranian Kurdistan; Dr. Homa Darabi Foundation; International PEN American
          Center; International PEN Writers in Prison Committee; National Council of
        
          
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          Resistance of Iran; Reporters Sans Fronti res; Society for the Defence of
          Political Prisoners in Iran; Spectrum Institute; The Constitutionalist
          Movement of Iran.
          II. FREEDOM OF EXPRESSION
          12. In the period under review there has been increased turbulence in this
          sector. On the one hand, President Khatami was quoted in a foreign wire
          service report of a State television broadcast calling for more transparency
          in State media. wWe are only fooling ourselves if we cover up realities in
          our society or the world. People will eventually find out somehow what is
          happening”.
          13. On the other hand, there was increased pressure on the press. A nur er
          of journals were banned or suspended for such of fences as ffinsulting the late
          Ayatollah Khomeini”, OEltering remarks of the honoured Imam and publishing
          them in an insulting way”, wdistorting news and insulting the war disabled”,
          carrying out wactivities against national security”, publishing flies and
          insults” and wdisturbing public opinion”, and wdissemination of fabrications
          and insults”. In some of these cases the officials of the journals concerned
          were detained; in some they were sentenced to such punishment as a one—year
          suspended jail sentence and a fine. In at least one case, a journal was shut
          down by court order and four of its journalists detained for a month,
          reportedly without access to family or lawyers. See annex I for further
          details.
          14. The corcoeents of several Iranian leaders seemed to have had a role in
          these developments. One said that wcritique and criticism of the government
          policies are not bad but when someone attempts to undermine the foundations of
          the Government, it is treason and not freedom of expression”. Another
          declared wthese [ newspapers] want to mislead the people. This is a cultural
          plot to overthrow our system”. Two thirds of the Majlis deputies signed a
          letter declaring wthose who write against the principles of Islam should be
          confronted as those working against the security of the State”. A Cabinet
          Minister was quoted as saying that a nur er of arrested journalists had
          admitted they were working to transform Iran into a secular State.
          15. To add to the uncertainty, there were quite evident differences of
          opinion over the press law regime among the executive, judicial and
          legislative branches. In a long interview published in an Iranian daily in
          September, the then press adviser to the President said that the arcJDiguity in
          the present regime was a major cause of the problem. There were significant
          differences of opinion between the executive and the judiciary over the
          interpretation of freedom of the press. Although she favoured an amendment to
          the law, such an effort at the present time might actually result in a loss of
          freedom for the press. She also suggested that part of the problem was the
          tendency of some journalists to wabuse freedom of the press for their evil
          ends”. It was the responsibility of the Press Supervisory Board, which had a
          representative from both the judiciary and the legislature, rather than the
          courts, to supervise the press. The judiciary, she said, wwas expected to
          understand this new atmosphere based on people's expectation after the 23 May
          presidential elections”. As for the legislature, she said that the main
          reason for approving a new restrictive law concerning women was that the
        
          
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          majority of the Majlis deputies were unaware that the Press Law already
          covered this subject. She criticized the new law for failing to use legal
          terminology, thus leaving it open for persons wto use their personal taste to
          restrict the right of the press”.
          16. The Special Representative would note that article 168 of the
          Constitution states that inquiry into press offences shall be in an open court
          before a jury. This requirement does not seem to have been met in some of the
          recent cases against the press. Further, there is open competition for
          jurisdiction over the press from both the Revolutionary Courts and the
          Cleric's Court.
          17. In the course of a long conversation with the Deputy Minister of Culture
          and Islamic Guidance, the Special Representative was briefed on the operation
          of the Press Supervisory Board. Over the past seven years there have been
          250 complaints with 150 of these proceeding to hearings; 100 were dismissed by
          the jury and 50 were found to be valid. Only five or six papers have lost
          their licences over the period.
          18. There are differences of view on the interpretation of article 24 of the
          Constitution which provides that the press should be free to express views and
          opinions subject to certain restrictions. This provision is echoed in
          articles 3 and 5 of the Press Law which also contains a definition of
          constructive criticism or fair corcoeent. There are nine types of criticism
          defined in the Law as unconstructive. Some of these have never been invoked.
          Most complaints have been made under the heading of defaming officials, organs
          of Government or private individuals. The system is recognized as not being
          ideal but better than anything in the past. The Deputy Minister asserted that
          there was today objectivity and diversity in the Iranian press and that
          prepublication censorship did not exist.
          19. One task the new Government had set for itself was to strengthen the
          public's confidence in the press. Some success is now evident in the
          increase in circulation from 17 per 1,000 population to 35 per 1,000 over the
          18 months. The nur er of provincial publications has grown considerably
          to 281 of which 12 are dailies. There are currently around 1,200 press
          licences in existence of which 800—900 are active. There are now 50 dailies
          across the country. There are 30 other licences for dailies which for the
          moment are published less frequently.
          20. The Deputy Minister said the economic situation of the press has been
          strengthened by the new Government's allocation of newsprint strictly
          according to circulation, and by its facilitation of the construction of a
          domestic pulp and paper facility to avoid the need for the industry to spend
          foreign exchange. There are some remaining subsidies for newsprint and
          printing equipment, but the Government hopes to phase them out and, if
          necessary, subsidize domestic pulp and paper production.
          21. Another important development has been the establishment of professional
          press associations. In 1997, the Professional Association of Journalists was
          established which now has about 1,000 members. The Association has been
        
          
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          actively defending the rights of journalists and criticizing some procedures
          used against them. At least six other professional associations related to
          journal publication have also been established.
          22. The Special Representative, while accepting that significant progress
          has and is continuing to be made, believes that serious weaknesses remain
          particularly in the area of the press control regime. As the Special
          Representative has urged before, and accepting of the fact that the rights of
          free speech cannot be absolute, there does need to be greater clarity in what
          constitutes fair or constructive comment. Further, discipline must come from
          one independent tribunal that acts according to the law and not personal
          taste, and in a transparent manner.
          23. With regard to film and theatre, the Deputy Minister said there had been
          significant improvement. ArcJiiguities and personal taste had been removed from
          the clearance process which was now routine, a situation that the Special
          Representative confirmed with an Iranian film director. The problem now was
          the lack of theatre and film venues.
          24. With regard to books, he said that publishers now received permanent
          rather than 12— or 18—month publishing licences. Licences to publish a
          particular title are usually granted within a few days. There is an appeal
          process. Only 100 titles have been rejected since the new Government took
          office; some 15,000 titles are now being published each year. The reissuance
          of a title no longer requires a new licence. The titles of books rejected and
          the reasons are reportedly published in the press.
          25. The Special Representative cannot conclude this section without
          reference to the chilling effect that the recent murders of intellectual and
          political figures immediately had on open discourse and freedom of expression
          in Iran. Those involved with efforts to reactivate the Writer's Association
          have become marked figures. There have been calls from outside the country
          for an international inquiry. This matter is discussed further in
          chapter VIII.
          III. THE STATUS OF WOMEN
          26. In his interim report to the General Assembly, the Special
          Representative concluded that despite well—meaning policy declarations, the
          creation of new women's organizations, and significant publicity about the
          importance of women, the Government had so far achieved little improvement in
          the condition of Iranian women.
          27. In one sense, gradual change has been under way for some time. For
          example, the illiteracy rate among women is said to have dropped from 22 to
          9 per cent over the period since 1979. Indeed, according to a foreign press
          account, Population Action International in Washington reported recently that
          Iran was one of the 10 countries to have made the most progress in narrowing
          educational inequality between the sexes; 30 per cent of doctors are said to
          be women. The recruitment of women to work in the police force was recently
          approved, admittedly to work chiefly in women—related functions. A female
          journalists' association has been established. Women are beginning to be
          appointed to senior diplomatic positions overseas. The first female
        
          
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          university chancellor has been appointed, albeit of a women's university.
          More appointments of women were made to the judicial service but none still to
          the position of presiding judge. Some of these developments are significant;
          some are symbolic.
          28. However, the construction of walls continues. Despite widespread
          opposition as mentioned in earlier reports of the Special Representative,
          the wMedical Religious Standard Conformity Act” providing for the complete
          separation along gender lines of all medical services in the country — from
          hospitals to rural health centres to pharmacies to medical education — was
          finally passed into law. The one reported exception is emergency wards.
          Women travelling in trains without a male companion are to have separate
          compartments set aside for them. In some Iranian cities, a park is being
          designated for the exclusive use of women. Both of these steps were
          considered to be primarily for the safety and convenience of the women
          concerned. A new passport office has been opened with separate facilities
          for men and women. In the Special Representative's opinion, separate but
          equal does not meet international standards for gender equality (see
          E/CN.4/1997/63) .
          29. The managing director of the judiciary's Bureau of Women's Affairs is
          quoted in the Iranian press as saying the most important problem women face
          in the courts is wthe biased approach to their rights”. She added that
          legislation that is meant to reduce the hardship that women undergo in areas
          such as divorce and landlord—tenant relations wdoes not get properly
          implemented”. Anecdotal stories in the press certainly support these
          allegations.
          30. For his part the Deputy Speaker of the Majlis is reported in the press
          to have stated that there was a long way to go before women could enjoy their
          full rights. He acknowledged that there were laws to be amended in this
          regard.
          31. An education ministry official warned of the deterioration in the health
          of schoolgirls because of the lack of physical exercise, there being less
          than 240 hours of physical education throughout the entire secondary school
          education.
          32. Violence against women in the family appears to be gaining more
          prominence. There are frequent anecdotal stories in the press of horrific
          cases of wife abuse. The situation is made worse by the discrimination in
          court sentences of Deyah (blood money) depending on whether the victim is a
          woman or a man. The Government has recently published several papers on the
          subject including a three—year action plan. These papers do acknowledge that
          a major problem exists and outline a plan that includes:
          Increasing public awareness of the problem;
          Preparing new laws to prevent violence against women and provide
          financial support for victims and vulnerable women;
          Establishing women's shelters, hotline facilities and job—training
          facilities for vulnerable women.
        
          
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          33. In this case the Government has established a practical action plan and
          clear time thresholds. It remains to be seen whether they will be fulfilled.
          34. For his part, the Special Representative believes that useful as many
          of these developments are, the various structural disabilities which Iranian
          women face are the heart of the problem. The Special Representative continues
          to believe these must be addressed squarely for there to be substantial,
          meaningful improvement in the status of women in Iran.
          IV. THE STATUS OF MINORITIES
          35. In this report, the Special Representative would draw attention to the
          international regime that applies to minorities, the highlights of which are
          set out in annex II. In Iran the reality appears to be that on the one hand,
          the Iranian Constitution assures minorities equality status, as set out in
          annex III; on the other, the laws contain numerous discriminatory provisions
          some of which are mentioned in annex IV.
          36. The Special Representative would remind the Government of the concluding
          observations of the Human Rights Committee on the 1993 appearance of Iran
          before that Committee. ‘ On the subject of minorities in Iran, the Committee
          made clear its disappointment with the information provided by the Government
          at that time on this subject. The Special Representative would also draw
          attention to the concluding observations of the Committee on Economic, Social
          and Cultural Rights on the 1993 appearance of Iran before that Committee. 2
          The Corcoeittee categorizes the treatment of minorities in Iran as one of its
          wprincipal subjects of concern”. More generally, the Special Representative
          would draw attention to the reportedly unimplemented recorcoeendations of the
          Special Representative on religious intolerance with regard to the
          Islamic Republic (see E/CN.4/1996/95/Add.2, paras. 86-118).
          37. The Special Representative would note that the Iranian Constitution
          includes a number of relevant equality provisions including articles 14, 15,
          19 and 20. The Government needs to declare a corcoeitment to the implementation
          of both the Iranian Constitution and of international standards, and to a
          timetable for implementation.
          38. Some situations may require special treatment. The estimated 10 million
          Sunnis in Iran generally live in the border regions of the country. The
          Special Representative understands that while the Shias recognize Sunnis
          as fellow Muslims, there is reportedly a view in some Shia circles that
          conversion of the Sunnis is a worthwhile religious endeavour. This reportedly
          has given rise to occasional clashes in areas of mixed population, chiefly in
          west Azerbaijan, along the Persian Gulf and in Baluchistan/Sistan province.
          While such tension existed before the Islamic revolution in some areas,
          notably Sistan/Baluchistan, it appears to have worsened significantly since
          that time. The grievances of the Sunni Baluch community have been referred
          to in earlier reports of the Special Representative. They do not seem to be
          lessening. Indeed, there is a report of the community being warned in a
          threatening manner that the emigr Baluch leader Sheikh Molavi Abdolrahim
          Molazadeh had better abandon his publicity activities on behalf of the
          community, a report that officials deny as unfounded.
        
          
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          39. Sistan/Baluchistan is a harsh land with limited developmental prospects.
          Its economically disadvantaged condition has meant that its peoples, and the
          Baluch in particular, have below average education, health and job prospects.
          The traditional social structure as well as the continuing nomadic lifestyle
          of some compound the challenge of development. The transhipment of narcotics
          is one of the few economic activities available to many Baluch and, by all
          accounts, is seductively lucrative. There are also no doubt legitimate
          external security concerns in this exposed corner of the country. In this
          context, it should not be surprising that ethnic and religious differences are
          likely to come to the fore. It is a dangerous and tragic brew. The Special
          Representative urges the Government to treat this as an important and urgent
          development and human rights issue that it must address more vigorously than
          it had in the past.
          V. THE STATUS OF THE BAHA'IS
          40. The concern about the human rights situation of the Baha'is remains on
          the agenda of the Special Representative with fresh reports on situations of
          discrimination and even of persecution, including arbitrary detentions,
          arrests, raids on homes and confiscation of property. The freedom of Baha'is
          to travel outside of Iran continues to be impeded or denied altogether.
          41. In late September, the Special Representative was informed that the
          death sentences against two mer ers of the Baha'i faith had been confirmed by
          prison authorities in Mashhad, despite the assurances to the contrary provided
          to him earlier by the Iranian authorities (see annex V, para. 4) . In response
          to the written inquiry of the Special Representative, officials stated that
          wthe court found them guilty of charges of acting against national security
          and sentenced them to death”, but wthe defendants can still resort to appeal
          and/or clemency” (see annex V, para. 5) . The Special Representative is
          following this case closely in the context of the earlier assurances given by
          the authorities that the death sentences on these Baha'is had been overturned.
          42. Reports suggest that in the middle of Decer er 1998, 17 Baha'is remained
          in detention, 6 sentenced to death, 7 to imprisonment for periods ranging
          from 3 to 8 years, and for the rest, to sentences which are not yet known.
          The charges reportedly include holding meetings and teaching their faith,
          cooperating with Baha'i educational activities and engaging in espionage
          activities of one sort or another.
          43. The Special Representative's attention has been drawn to an apparently
          orchestrated raid between 29 September and 3 October 1998, in which
          over 36 faculty mer ers of the Baha'i Institute of Higher Education (BIHE)
          were arrested in cities across the country. Those arrested were asked to sign
          a document declaring the closure of the BIHE and their undertaking not to
          cooperate any longer with it. The arrests, reported to have been carried out
          by officers of the Iranian Government's intelligence agency and the Ministry
          of Information, involved the seizure of some 70 computers, furniture,
          textbooks, scientific papers and documentary records. Four of those arrested
          still remain in custody — a fact which led the Special Representative to make
          a further inquiry of the Government (see annex V, para. 7) .
        
          
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          44. A welcome development was the reported elimination of discrimination
          against Baha'i youth for enrolment in the pre-university year at the high
          school level. However, according to reports, their entry to universities
          continues to be refused.
          45. Overall, the situation of the Baha'is has not improved; in some respects
          it has deteriorated. The Special Representative wishes to reiterate his
          appeal to the Government of the Islamic Republic to fulfil his outstanding
          recommendations (A/53/423, para. 45) as well as that of the Special Rapporteur
          on religious intolerance (see E/CN.4/1996/95/Add.2) .
          VI. LEGAL SUBJECTS
          A. The courts
          46. In his interim report to the General Assembly, the Special
          Representative noted the widespread debate that had emerged over the court
          system and more generally the legal system, as a prerequisite for the
          establishment of a civil society in the Islamic Republic. The Special
          Representative reported he had been informed by a senior official that an
          amendment bill to the existing legislation establishing the civil courts was
          to go to the Majlis shortly. The Special Representative is now informed
          by Mr. Mohammed Nassary, Deputy Prosecutor-General, that the bill of
          some 800 articles, part of which has been under discussion in the Majlis
          Judiciary Corcoeittee for two years, will be debated in the Majlis within a
          month.
          47 . Other reforms mentioned by the Deputy Prosecutor—General include
          the reduction of the requisite time served to be eligible for parole from
          two thirds of the sentence to one half. The prison term alternative for the
          payment of fines has been reduced from one day to be served for each 500 rial
          owing, to one day for each 50,000 rial owing, with the result that a large
          number of prisoners will now be released.
          48. Since the Special Representative's last report, the Cleric's Court has
          come in for increased scrutiny with some critics arguing that it should be
          reformed and others that it should be abolished. Some argue that it is
          unconstitutional in that it was not established by legislation as required by
          the Constitution. Senior judiciary officials dispute this, arguing that there
          is legislation which refers to the Court and that in any case it was within
          the competence of the Leader to establish such a tribunal.
          49. The mandate of this court is sweeping:
          All acts committed by clergy contrary to religious law;
          All disputes harmful to public security in which one of the contenders
          is a member of the clergy;
          All other cases entrusted to it by the Leader's office.
          50. The cases are to be argued on the basis of religious law. Appeals are
          heard by another chamber of the Cleric's Court; the Supreme Court has no
        
          
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          jurisdiction in such cases. Defence lawyers have to be chosen from designated
          clergy. The hearings are not public and decisions are not usually made
          public. The Court apparently has authority to impose the death penalty. In
          November, the head of the Cleric's Court invited 14 clerics to form a press
          jury in the Cleric's Court.
          51. In an earlier report, the Special Representative recommended that with
          regard to a number of clerics detained in Qum, as their offences were publicly
          declared to be ordinary crimes, the cases should be transferred to the civil
          courts where they would receive an open trial by jury and could be defended by
          a lawyer of their choice.
          52. The Special Representative continues to believe that at this point
          in the Islamic Republic's history, it is difficult to justify the continued
          existence of such an apparently arbitrary and secretive tribunal. The Special
          Representative recommends that it be abolished, or at least that it be
          converted into a commission charged with settling theological disputes in the
          narrowest sense. The Special Representative sees the appointment of a press
          jury in the Cleric's Court as an ominous expansion of its jurisdiction, and a
          prescription for further confusion in the press regulation regime established
          by the Press Law.
          53. In the Special Representative's view the experience of many other
          countries with such tribunals suggests that they inevitably deny a defendant
          what is today recognized as a fair trial, and that they are thus instruments
          of denial of human rights.
          B. The Bar Association
          54. In earlier reports, the Special Representative referred to the
          Government's repeated promises that there would be an election for the mer ers
          of the Bar Executive Council as provided for in the Association's 1954 law but
          suspended since 1979. In 1997, following a new Majlis law, these elections
          were finally held. This 1997 law provided for the screening of the candidates
          by the Judges Court. In the event, 41 were confirmed out of 69, including
          4 women. Out of the 2,000 lawyers in the central or Tehran Bar, 1,300
          participated in the election.
          55. The Special Representative recently had the opportunity to discuss this
          development with the newly elected President of the Central Bar Association
          Council, S.M. Jandaghi. The President frankly described the problems facing
          the Association, particularly the shortage of lawyers, if indeed lawyers are
          to play their role in fulfilling President Khatami's vision of a civil
          society. The Association has recently admitted 800 new candidates to its Bar
          admission course.
          56. The President said that to make lawyers more accessible, the Bar
          Association has established a Legal Assistance Department which provides legal
          advice and, if appropriate, assistance in obtaining the services of a lawyer.
          The Special Representative noted the apparent difficulties faced by some
          disadvantaged groups such as the Baha'is in obtaining a lawyer, particularly
          a good one. The President said that every lawyer is expected to take on
          four pro bono cases a year. In court proceedings in which a lawyer is
        
          
          E/CN. 4/1999/32
          page 13
          required and is not already retained, the judge is expected to turn to the
          Association which will nominate four or five lawyers from among whom the judge
          will make a choice. With regard to the diligence and integrity with which
          such assigned lawyers advance their client's interest, the President
          acknowledged as possible the complaint brought to the Special Representative's
          attention of assigned lawyers seeming to play a passive role and, in some
          cases, being openly denounced in court by the accused as not telling the
          truth. He noted that there was a disciplinary court for lawyers within the
          Bar Association but it was only really becoming active since the election of
          the Bar Council.
          57. There remains much to be done for lawyers to be able to play a
          significant role as advocates for human rights. One challenge is to obtain
          respect for the function of a lawyer by the various agencies of Government,
          including the judiciary. The open letter of the Association in August 1998 in
          which the shortcomings of the present court system were frankly laid out was a
          good start. Lawyers and legal officials are also beginning to speak out
          individually about the changes needed in the judiciary; the weaknesses are
          frequently described as poor training of judges, the absence of a judicial
          strategy, a lack of status for judges and lack of an appropriate judicial
          organization.
          58. The Special Representative recommends that the Bar Association Council
          establish a strategy to identify and address the challenges facing the Bar,
          including a detailed description of goals and time—frames for achievement.
          The Council might also wish to consider exchange visits with Bar Associations
          in other countries.
          C. Torture and other cruel. inhuman or deQradinQ
          treatment or punishment
          59. The Special Representative continues to receive reports of torture
          committed in Iran. It is safe to say that torture has been practised in
          Iran for a very long time. The Special Representative notes that it exists
          notwithstanding a specific provision in the Iranian Constitution banning it.
          60. The most positive thing the Special Representative can say is to repeat
          the observations in his interim report to the General Assembly that for the
          first time some officials have been acknowledging the existence of torture,
          and secondly that its existence in Iran is now discussed in the press.
          61. The Special Representative would urge the Government to move quickly to
          wipe out this inhuman and discreditable practice. As a first step, it might
          follow the same process it has used to address illegal detention centres, that
          is the appointment of a high—level inter—agency committee to examine the
          dimensions of the situation and recorcoeend steps to be taken for its
          elimination.
          62. One report of a stoning came to the Special Representative's attention,
          that of Khosrow Ibrahimi in Lahijan on or about 21 November, according to an
          Iranian daily. The individual concerned was said to have been able to
          extricate himself.
        
          
          E/CN. 4/1999/32
          page 14
          D. Executions
          63. In his interim report to the General Assembly, the Special
          Representative noted that executions seemed to continue at a fairly high
          level. He reported that the Iranian authorities had agreed to cooperate in
          the provision of appropriate statistics. In the meantime, as reported in the
          Iranian press, there were probably some 155 executions from January to
          mid—December 1998, of which 60 were said to have taken place in public. These
          figures are generally regarded as being on the low side as it is widely
          assumed that many executions are not reported in the media.
          64. The Special Representative again urges the Government to bring its
          policies in the matter of executions into line with Corcoeission on Human Rights
          recommendations (resolution 1998/68) .
          VII. DEMOCRACY/A CIVIL SOCIETY
          65. An important election held during the period under review, that for the
          Council of Experts, was held on 23 October amid controversy over the process
          of determining the eligibility of candidates. This was the first national
          election since the presidential election in May 1997 and it aroused
          considerable political interest for that reason.
          66. The Council has in theory very substantial power. It appoints the
          Supreme Leader who has the final say on all State matters. The Council also
          has the power to oversee the Leader's work and to dismiss him if he fails to
          perform his duties properly. The Council has reportedly become more active in
          recent years in the matter of oversight.
          67. Eligibility to stand for election to the Council is determined by the
          Council of Guardians. The spokesman for the Council was quoted in Iranian
          papers as declaring that the wmost important criteria” were religious
          reputation and moral credibility, political and social insight and up—to—date
          knowledge of developments, loyalty to the Islamic Republic, and having wno
          record of political or social misbehaviour”. He denied that factional, i.e.
          political, preferences played any role in determining eligibility. However,
          stories persisted of the use of examinations to disqualify applicants.
          Judging by press accounts, many applicants who failed to qualify complained
          openly that politics had played a role. In the event, 160 out of about
          400 applicants, none of them women and only some 30—40 considered to be
          supporters of the President, were declared eligible, a proportion that gave
          rise to wide complaint that the process was not truly democratic.
          68. Attention is now focused on State and local elections, the first since
          the Islamic Revolution in 1979. A bill was before the Majlis at the time of
          writing which would place approval of candidates in the hands of provincial
          executive bodies and would allow an appeal to the Supervisory Board or the
          Guardian Council only by refused applicants. It is expected that many more
          women will become candidates under this procedure. These elections, to be
          held on 26 February 1999, reflect an effort by the Government to make local
          governance more transparent and more responsible, in the President's words, to
          let people take charge of their own affairs.
        
          
          E/CN. 4/1999/32
          page 15
          69. Another important development is the emergence of the Presidential
          wComittee for Inspection and Supervision on the Implementation of the
          Constitution” (see annex V, para. 12) . The mandate of the Committee is a
          strong one and it could go a long way in addressing the many apparent
          discrepancies between the Constitution on the one hand and the laws and
          practices on the other. One project the Committee reportedly has under way is
          preparing a definition of wpolitical crimes”; another is said to concern the
          future of the Cleric's Court.
          70. According to the Iranian press, a reorganization of the political
          structure of the country is under consideration. The objective appears to be
          to decentralize control over everyday activities of the people. Earlier there
          were reports of a proposal to loosen the control of the Guardian Council over
          the eligibility of candidates for national elections.
          71. A number of new political parties were established in the period under
          review. One was a reformist political grouping of cultural and political
          figures. The founders of the Islamic Iran Participation Front declared they
          were seeking freedom of thought, logic in dialogue and rule of law in social
          behaviour”. This reportedly brings the total of licensed political groups to
          50 although many of these are inactive for financial and other reasons.
          72. Violence against politicians became more prominent. In September
          two reformist ministers of the Government were subjected to a public physical
          assault which was attributed to the extrajudicial group Ansar-i Hezbollah.
          73. Two murders on 22 November by unknown assailants shocked many Iranians
          in the country and outside. The press estimated that 6,000 persons attended
          the funeral of Dariush Forouhar, the leader of the Iran Nation Party, and of
          his wife Parvanah. Mr. Forouhar was a veteran politician having among other
          roles served as Minister of Labour in the Bazargan Government. The Iran
          Nation Party was an unregistered but tolerated entity on Iran's political
          landscape. President Khatami termed the murders Wa repugnant crime”. The
          President and the head of the judiciary called for the immediate
          identification and bringing to trial of the perpetrators. A parallel with
          earlier unsolved murders of politicians was being drawn and rumours of a
          political dimension to the deaths persisted. Nine such activists have
          reportedly been killed in the last decade, half of them by the same method
          used in the deaths of the Foruhars. Reportedly, in none of the cases were the
          perpetrators known to have been found or brought to justice.
          74. The Special Representative views these murders with regret and concern,
          concern that circumstances in Iran are not yet stable enough to permit
          dedicated politicians to serve their country without fear of physical attack
          and in some cases, for their lives.
          VIII. DISAPPEARANCES AND SUSPICIOUS DEATHS
          75. As this report was being prepared, considerable concern was being
          expressed inside and outside of Iran at a rash of disappearances and
          suspicious deaths of dissident literary and political figures:
        
          
          E/CN. 4/1999/32
          page 16
          The disappearance in August of prominent political dissident
          Pirouz Davani. There was an unconfirmed report in one Iranian paper in
          November that he had been killed (see annex V . para. 6);
          The disappearance in November of Javad Sharif, formerly a dissident in
          exile, and his subsequent death officially attributed to a heart attack;
          The murder in Nover er of veteran political leader Dariush Forouhar and
          his wife (see para. 73);
          The discovery on 9 December in the Tehran morgue of the body of a
          prominent poet, Mohammad Mokhtari, who had gone missing the previous
          week. Mr. Mokhtari was one of six prominent writers and intellectuals
          questioned by a Revolutionary Court in October and warned not to
          reactivate the writers union (see para. 25);
          The discovery on 12 Decer er of the body of a dissident translator and
          author, Moharcoead Jafar Pouyandeh, who was also one of the six prominent
          writers and intellectuals questioned by the authorities in October.
          76. These incidents suggest a pattern of harassment and persecution of
          moderate and often secular voices. It is being described as a challenge to
          the reformist policies of President Khatami, and as having a chilling
          influence on intellectual discourse. One journalist observed that wnot since
          the revolution nearly 20 years ago has Iran witnessed such eerie, unexplained
          violence”.
          77. These incidents have been condemned by the Government, including the
          President. According to the press, significant efforts are being made by a
          dedicated investigative team to track down the culprits. For his part the
          Special Representative has called upon the Government to investigate
          thoroughly each of these cases, and to make the resulting reports public (see
          annex V, paras. 8—10) .
          IX. OTHER MATTERS
          The fatwa aQainst Salman Rushdie
          78. In his interim report to the General Assembly, the Special
          Representative reported that as that report was in press, the media reported
          that an accorcoeodation had apparently been reached between the Iranian and
          British Foreign Ministers. The agreement was contained in parallel press
          statements made on 24 Septer er 1998 in New York.
          79. In his statement to the Third Committee, the Special Representative said
          that he was concerned at the tenor of the comments that followed the agreement
          from various sources in Iran, some being senior political figures. These
          seemed to cast doubt on the agreement insofar as they declared that nothing
          had changed as a result of it. However, such corcoeents appeared to die away in
          the month or so following the agreement.
        
          
          E/CN. 4/1999/32
          page 17
          80. The Special Representative notes with deep regret that after the
          agreement, the 15th Khordad Foundation again increased the bounty on
          Mr. Rushdie's life.
          81. The Special Representative notes the progress made in this matter and
          trusts the remaining question concerning the bounty can now be put to rest.
          Narcotics control
          82. This issue continues to be a major problem for the Government. The
          Director of the State Prison Organization was quoted in the Iranian press as
          stating that 60 per cent of the 160,000 prisoners in the State system were
          there for drug—related offences. Most of the women in the system were there
          for drug offences. The Iranian press also carried stories indicating that
          significant seizures of narcotics continue to occur. An Iranian daily
          reported that the number of youthful addicts doubled last year. The
          punishment for drug trafficking was reportedly increased more than tenfold.
          83. Meanwhile, according to foreign press stories, the United States
          Government has removed Iran from its list of drug—producing countries.
          K. CORRESPONDENCE WITH THE GOVERNMENT
          OF THE ISLAMIC REPUBLIC OF IRAN
          84. The correspondence exchanged during the reporting period between the
          Special Representative and the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva is described in
          annex V. Some of the correspondence concerned requests for information about
          individual allegations. Also during the period, the Special Representative
          sent urgent communications, jointly with other special rapporteurs, in which
          he appealed to the Government to ensure that those affected benefited fully
          from all the internationally recognized safeguards, particularly those
          provided for in the Universal Declaration of Human Rights, the International
          Covenant on Civil and Political Rights and the Body of Principles for the
          Protection of All Persons under Any Form of Detention or Imprisonment, adopted
          by the General Assembly by its resolution 43/173 of 9 December 1988.
          85. While acknowledging the responses by the Government, the Special
          Representative encourages it to make further effort to respond to his
          outstanding requests for information concerning individual cases.
          XI. CONCLUSIONS
          86. The Special Representative has made a number of recommendations in the
          body of this report which reflect his conclusions. Despite considerable
          effort to enhance freedom of expression, there remain major uncertainties in
          the application of the Press Law that need to be eliminated. With regard to
          the status of women, there needs to be a clearer focus on the legal and
          practical discrimination they face. In the case of minorities, they must find
          a place in the Government's development plans. The status of the Baha'is also
          has to be addressed, perhaps in the context of the emerging civil society.
        
          
          E/CN. 4/1999/32
          page 18
          Court reform has to be pushed forward vigorously; the Cleric's Court should be
          abolished. The problem of torture must find a place on the Government's
          agenda.
          87. The Government is now 18 months into its five—year mandate. Its plans
          for change as they are gradually becoming known, were and continue to be
          significant if not monumental. Progress has been uneven and objected to by
          many. The Government must find a way to establish the people's confidence in
          its plans in the face of attempts, including violent ones, to divert reform
          efforts. The Government must stay the course; it cannot afford to lose
          momentum.
          Notes
          1.See Official Records of the General Asser ly. Forty—eiQhth Session,
          Su lement No. 40 (A/48/40) , paras. 190-270.
          2.Official Records of the Economic and Social Council 1994. Su inilement No. 3
          (E/1994/23-E/C.12/1993/19), paras. 122-130.
        
          
          E/CN. 4/1999/32
          page 19
          Annex I
          FREEDOM OF EXPRESSION
          Some incidents relating to press freedom that took place from Septer er
          to December 1998 are related below:
          16 Sept. The newspaper Tous was shut down by a Revolutionary Court for
          publishing articles considered detrimental to the nation. It had
          earlier published a digest of the statements of Tehran district
          mayors about their treatment in detention. Four Tous journalists
          were arrested.
          17 Sept. Two newspapers, Tavana and Rahne Now , were ordered shut down
          because they published articles critical of some clerics.
          22 Sept. Two senior officials of the official press agency IRNA were
          detained for a day because of complaints against them.
          23 Sept. The Minister of Culture and Islamic Guidance supported the action
          to shut down Tous .
          27 Sept. 265 journalists reportedly began a protest against what they saw
          as a campaign against the Iranian press.
          27 Sept. The closure of Tous was formalized by the revoking of its licence
          by the Press Supervisory Board, an action that was criticized as
          being beyond the powers of the Board.
          28 Sept. The proprietor of Zan appeared in court to answer charges of
          publishing lies in her paper. The charges were dismissed.
          29 Sept. A court in Tehran banned the monthly Jamee Salem after finding it
          guilty of charges including insulting the late Ayatollah Khomeini.
          1 Oct. Navid—e—Esfahan , a weekly in Isfahan, was temporarily closed on
          charges of wacting against the country's security, publishing lies
          and disturbing public opinion, as well as promoting opposition
          g r o up s”.
          4 Oct. A court warned five writers involved in reactivating an
          association of Iranian writers that they could face charges of
          OEnti—State activity”, because the association was an ffillegal
          underground political organization”.
          5 Oct. Asre—e—Ma , a biweekly publication, was suspended for six months by
          a Tehran court on charges of fabrication and dissemination of
          insults”.
          5 Oct. A court announced that the managing director of Sabh was suspended
          from his position for four months for making accusations against a
          named individual.
        
          
          E/CN. 4/1999/32
          page 20
          15 Oct. The four Tous journalists were released. One of them later said
          that they were not told what charges they had been arrested for.
          wour biggest sin ... was to have taken seriously calls for
          boosting civil society and political development”.
          7 Dec. The Press Supervisory Board convicted the managing director of
          Farda of publishing slanderous material against the armed forces
          and banned him from press activity for one year.
          By at least one account, there were 25 such incidents in the period Septer er
          to December 1998.
        
          
          E/CN. 4/1999/32
          page 21
          Annex II
          THE STATUS OF MINORITIES
          The following norms are the major elements in the international regime
          for the protection of the rights of minorities:
          Article 27 of the International Covenant on Civil and Political Rights
          refers to the protection of the rights of ethnic, religious or
          linguistic minorities to enjoy their own culture, to profess and
          practise their own religion, or to use their own language;
          In its general comment on the rights of minorities in the Covenant, the
          Human Rights Corcoeittee has stated that special measures to assist
          disadvantaged groups may be required; in a State where the general
          conditions of a certain part of the population prevent or impair their
          enjoyment of human rights, the State should take specific action to
          correct these conditions (General Corcoeent 23 of 6 April 1994,
          para. 6.2);
          The Declaration on the Rights of Persons Belonging to National or
          Ethnic, Religious and Linguistic Minorities (General Asser ly
          resolution 47/135 of 18 December 1992) is the most comprehensive
          statement of the legal rights of minorities and the obligations falling
          upon States in this regard;
          In resolution 1998/19 the Commission on Human Rights entitled wThe
          rights of persons belonging to national or ethnic, religious and
          linguistic minorities”:
          wReaffirms the obligation of States to ensure that persons
          belonging to national or ethnic, religious and linguistic
          minorities may exercise fully and effectively all human rights and
          fundamental freedoms without any discrimination and in full
          equality before the law in accordance with the Declaration on the
          Rights of Persons Belonging to National or Ethnic, Religious and
          Linguistic Minorities;
          wUrc es States and the international community to promote and
          protect the rights of persons belonging to national or ethnic,
          religious and linguistic minorities, as set out in the
          Declaration, including through the facilitation of their
          participation in all aspects of the political, economic, social,
          religious and cultural life of society and in the economic
          progress and development of the country.”
        
          
          E/CN. 4/1999/32
          page 22
          Annex III
          IRANIAN CONSTITUTIONAL PROVISIONS ON MINORITIES
          In its report on the measures taken by Iran for the implementation of
          the recommendations of the Vienna Declaration and Plan of Action, the
          Government has identified the following articles of the Constitution as
          relevant to the protection of ethnic religious and linguistic minorities:
          Article 14 provides for the treatment of non—Muslims in conformity with
          ethical norms and the principles of Islamic justice and equity and
          wto respect their human rights”.
          Article 15 protects the use of regional and tribal languages in the press and
          mass media as well as for the teaching of their literature in
          schools.
          Article 19 states that all people of Iran whatever their ethnic group or
          tribe, wenjoy equal rights”.
        
          
          E/CN. 4/1999/32
          page 23
          Annex IV
          DISCRIMINATORY LAWS
          Some of the discriminatory laws faced by minorities in Iran are:
          Article 207 Islamic Criminal Code
          This section provides for punishment in the form of retribution ( Ghesas )
          when a Muslim is killed. When the victim is a non-Muslim, the law is
          silent and by construction, no punishment needs to be enforced.
          Article . . . Islamic Criminal Code
          If a non—married Muslim man corcoeits fornication, his punishment is 100
          lashes and if a non—Muslim man fornicates with a non—Muslim woman, the
          punishment is the same. However, if the woman is a Muslim, the
          punishment for the non—Muslim man is death.
          Article 121 of the Islamic Civil Code
          The punishment for whomosexual touching” ( Tafkheey ) and similar acts, if
          there is no entry, is 100 lashes. However, if the subject is a
          non-Muslim and the object a Muslim, the punishment for the subject is
          death.
          Article 881 of the Civil Code
          A non—Muslim shall not inherit from a Muslim if among the heirs of the
          deceased there is a Muslim.
          Article 163 of the Constitution and the Conditions for Selection of
          Judges Code
          Only a male Muslim may become a judge.
          Articles 297 and 300 of the Civil Code
          These provide for blood money ( Deyeh ) for the killing of a Muslim man or
          woman. By construction, non—Muslims are not entitled to blood money.
        
          
          E/CN. 4/1999/32
          page 24
          Annex V
          CORRESPONDENCE EETWEEN THE SPECIAL REPRESENTATIVE
          AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN
          SEPTEMBER-DECEMBER 1998
          1. To begin with, there is an incoming letter that was overlooked in
          previous reports. A letter dated 30 June 1998 from the Permanent
          Representative contained the following information in response to the Special
          Representative's letter dated 9 October 1997 in which he joined the Special
          Rapporteur on the question of torture inquiring about the allegations of
          conditions in the prisons of Ahvaz, Isfahan, Shiraz and Tehran, and of a
          hunger strike which resulted in the deaths of six prisoners (see
          E/CN.4/1998/59) :
          I would like to provide you with the following information
          received from relevant authorities from Tehran:
          W 1 • There has been no hunger strike in the said prisons.
          Torture and maltreatment of prisoners are categorically denied.
          W2 Out of six individuals mentioned in the letter of the
          Special Representative only Mr. Abdol Reza Abedi was identified who has
          been released on 3 Septer er 1994 and is alive.
          w 3 • In order to enable the judiciary to pursue the other cases
          referred to in the letter, it would be highly appreciated if further
          detailed information, including their place of imprisonment were
          provided.”
          2. On 18 September 1998, the Special Representative addressed a letter to
          the Minister for Foreign Affairs requesting an information on the
          circumstances in which 60—year—old Ruhollah Kad—Kuhzadeh, said to be an active
          member of Tehran's Jewish community, was reported to have been executed for
          helping Jews to leave the Islamic Republic of Iran. The Government has not
          responded yet.
          3. On the same day, the Special Representative transmitted another letter
          to the Minister for Foreign Affairs requesting a full explanation of the
          circumstances of the detention of Abbas Amir—Entezam, a Deputy Prime Minister
          under the transitional Government in 1979 and 1980. He was detained on
          8 September 1998 at his home in Tehran following an interrogation earlier that
          day concerning allegedly defamatory statements that he made about the former
          director of the Iranian Prisons Organization. It is further reported that on
          the following day, a court ordered his release but he was not in fact
          released, it being explained to his family that his previously suspended life
          imprisonment sentence had been reimposed. The Government has not responded
          yet to this communication.
          4. The Special Representative sent to the Permanent Representative,
          on 2 October 1998, an urgent appeal requesting verification of the alleged
          confirmation by prison authorities in Mashhad of death sentences against
        
          
          E/CN. 4/1999/32
          page 25
          Sirus Zabihi-Muqaddam and Hedayat Kashefi Najafabadi, both members of the
          Baha'i faith. The Special Representative recalled in this context his meeting
          with the Iranian Prosecutor General, Ayatollah Moghtadai (see A/53/423), who
          had informed him in person that the death sentences on these Baha'is had been
          overturned and that instead, they would probably be sentenced to a term in
          prison.
          5. In response to the above—mentioned communication, the Permanent
          Representative, by a letter dated 7 October 1998, informed the Special
          Representative of the following:
          I would like to provide you with the below information received
          from relevant authorities in Tehran:
          wFollowing the rejection by the Supreme Court of the death
          sentence on Messrs. Syrus Zabihi and Hhedayat Kashefi, the defendants,
          in accordance with due process of law, were retried by another competent
          court in Mashad. The court found them guilty of charges of acting
          against national security and sentenced them to death.
          WHowever, the verdicts are not finalized yet and require further
          confirmation by the Supreme Court.
          WIn addition should the Supreme Court confirm the verdicts, the
          defendants can still resort to appeal and/or clemency.”
          6. On 4 Nover er 1998, the Special Representative and the Chairman of the
          Working Group on Enforced or Involuntary Disappearances transmitted to the
          Minister for Foreign Affairs a joint urgent appeal requesting they be informed
          of the appropriate investigations in order to clarify the fate and whereabouts
          of Pirooz Faghaei Davani, a political activist. He was reported missing since
          he had left his home in Tehran on Tuesday, 25 August 1998. It was alleged
          that he may have been kidnapped by Iranian security forces. Sources also
          reported that Mr. Davani had established the WUnion for Democracy in Iran” in
          December 1997, an organization which worked for democracy, independent
          workers' unions, the defence of prisoners and support for their families, and
          freedom of association, speech and religion. In addition, he had established
          the WPayame Piroz” publishing company which published analyses of politics and
          human rights in Iran.
          7. On 14 December 1998, the Special Representative sent a letter to the
          Permanent Representative requesting information about the continued detention
          of four members of the Baha'i Community, Ziaullah Mirzapanah, Farzad Khajeh,
          Habibullah Ferdosian and Dr. Sina Hariman. It was reported that they were
          among those arrested in early October 1998 on charges of cooperating with the
          Baha'i Institute of Higher Education and, unlike others, not yet released.
          8. Following reports that Majid Sharif, Mohammad Mokhtari and Mohamad Jafar
          Pouyandeh, all said to be writers, were found dead in suspicious circumstances
          after having disappeared on 23 November 1998, 3 and 9 December 1998,
          respectively, the Special Representative joined the Special Rapporteurs on
          extrajudicial, summary or arbitrary executions, and on the promotion and
        
          
          E/CN. 4/1999/32
          page 26
          protection of the right to freedom of opinion and expression in an urgent
          letter transmitted on 15 December 1998 to the Minister for Foreign Affairs.
          9. The above joint corcoeunication also referred to the reported killings on
          22 November 1998 of Dariush Forouhar and his wife, Parvaneh Forouhar, both
          prominent critics of the Government, and requested the Government to further
          the investigation thereon, and to make public the results thereof.
          10. In this regard, the Special Representative and the two Special
          Rapporteurs expressed their deepest concern about the safety and physical
          integrity of all Iranian political and intellectual dissidents, including that
          of Pirooz Faghaei Davani (see para. 46) . They requested the Government to
          provide any information on the above—mentioned cases and on any steps taken by
          the competent authorities in compliance with article 3 of the Universal
          Declaration of Human Rights and articles 6 and 19 of the International
          Covenant on Civil and Political Rights.
          11. By letters dated 15 September 1998, 5, 13 and 26 October 1998, 5 and
          23 November 1998 and 2 Decer er 1998, the Permanent Representative provided
          the Special Representative with the text of several articles on various
          subjects published in Iranian newspapers.
          12. By a letter dated 8 September 1998 the Permanent Representative
          forwarded to the Special Representative the text of President Khatami's order
          No. 25822 of 29 November 1997 on the establishment of the wCommittee for
          Inspection and Supervision on the Implementation of the Constitution”. The
          main duties of the Corcoeittee are, inter alia , wto regulate policy for the
          implementation of the Constitution, with particular preference which should be
          given to articles that contain individual and social rights of the Nation, and
          to submit it to the President; to submit amendatory and supplementary
          proposals as to laws and regulations for better and comprehensive
          implementation of the Constitution; and to regulate and suggest educational
          and research programmes, in order to familiarize the Nation of their legal
          rights, and to adopt appropriate approaches for discharging these rights”.
          13. On 9 September 1998, the Permanent Representative transmitted a letter
          to the Special Representative forwarding copies of the following documents:
          A report on the measures taken by the Islamic Republic of Iran on the
          Elimination of Domestic Violence Against Women since 1994”, wNational Plan of
          Action on the Elimination of Domestic Violence Against Women” and wThe last
          improvements in the field of human rights in the Islamic Republic of Iran”.
        

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