Site icon Iran Human Rights Documentation Center

Documenting Human Rights in Iran: Evidence Collection Guide

This is a short guide for collecting of human rights violations–how to spot violations, how to collect evidence, and what to do with the collected evidence. This guide is for practitioners and non-practitioners.

The principles outlined in this guide are applicable world-wide. However, this guide is mainly for use by Iranians in Iran. It enables every Iranian to participate in the collection and preservation of evidence of human rights violations by the Iranian authorities.

 

 

All information provided in this Evidence Collection Guide is for informational purposes only and does not constitute legal advice of any kind.

Documenting Human Rights Abuses In Iran: Why Do It?

Collecting and saving evidence of the Iranian government’s past and on-going human rights violations helps memorialize history for future generations so that they are aware of the mistakes of the past, and can heal and move past them. Collection of evidence of human rights violations also supports the efforts of Iranians to hold perpetrators accountable, reform public institutions and promote transparency and respect for human rights in Iran.

The Iran Human Rights Documentation Center (IHRDC) was founded to create a collective memory by preservation of this evidence. Its website is home to the Aadel Collection—a large public database of documents relating to human rights violations in Iran. The public nature of the Aadel database makes the documentation available and accessible to anyone with access to the Internet. By making this evidence readily available, an ongoing dialogue can take place, and new approaches towards the protection of human rights in Iran can be discussed among Iranians.

IHRDC relies not just on its trained team of lawyers, investigators and researchers, but also on Iranians in Iran and around the world to collect evidence. Each and every Iranian can contribute to this collective memory by documenting historical and on-going human rights violations that have affected them, their families, and their fellow citizens.

What are human rights?

What is a human rights violation?

 

Human rights are best described as the inalienable and universal rights possessed by all individuals regardless of race, color, sex, language, religion, political or other opinion, national or social origin, property, citizenship, birth or other status. Respect and recognition of these rights form the foundation of freedom, justice and peace in the world.

Human rights are enshrined in international covenants, treaties and agreements including the Universal Declaration of Human Rights that was adopted by the U.N. General Assembly in 1948. One of the most important documents is the International Covenant on Civil and Political Rights (ICCPR). Iran signed and ratified the ICCPR and the Iranian government is obligated to comply with its provisions.

Some of the most fundamental human rights are described on the next several pages.

Every person has the human right to move within and to leave Iran.

Article 12 of the ICCPR provides that every person has the right to liberty of movement, and to choose his or her residence.

This means that government authorities may not arbitrarily:

Every person has the human right to privacy.

Article 17 of the ICCPR ensures that no one shall suffer arbitrary or unlawful interference with his or her privacy, family, home, or correspondence—in essence, it can be viewed as the right to dignity.

Every person has the human right to freedom of thought, conscience and religion.

Article 18 of the ICCPR provides that this includes the right to adopt a religion or belief of one’s choice and to practice that religion or belief.

This means that government authorities may not:

Every person has the human right to hold and express his or her own opinion.

Article 19 of the ICCPR provides that this right includes the freedom to seek, receive and impart information and ideas through all mediums, including written, oral, and artistic.

This means that government authorities may not:

 

Every person has the human right to peacefully assemble.

Article 21 of the ICCPR provides that this right may only be limited under the law when necessary in the interests of national security, public safety or to protect the rights of others.

This means that government authorities may not:

 

Every person has the human right to associate with whomever they wish.

Article 22 of the ICCPR provides that this includes the right to form and join trade unions.

This means that government authorities may not:

Every person has the human right to liberty and security of the person.

Article 9 of the ICCPR provides that no one shall be arbitrarily arrested or detained. It also provides that a person who is charged with criminal violations must see a judge promptly and is entitled to a trial within a reasonable time. A person who was unlawfully arrested or detained has the right to compensation.

This means that government authorities cannot arbitrarily:

 

Every person has the human right to life.

Article 6 of the ICCPR states that no one shall be arbitrarily deprived of his or her life. It also provides that in countries that have not abolished capital punishment—like Iran—the death penalty should be imposed only for the most serious crimes. The sentence must be rendered by a competent court. A death sentence cannot be carried out on pregnant women, or imposed for crimes committed by people who were younger than 18 at the time they committed the crime.

This means that government authorities may not:

Every person in detention has the human right to be treated humanely and to be free from torture.

Article 7 of the ICCPR provides that no person shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. Article 10 provides that detainees shall be treated with dignity.

Every person has the human right to be equal before the courts.

Article 14 of the ICCPR provides that every criminal defendant has the right to a fair and public hearing by an independent and impartial tribunal. It also provides that every defendant has the right to be presumed innocent until proven guilty and the right to minimal guarantees of fairness.

Documenting Human Rights Abuses In Iran: Collection of Evidence

The four main types of evidence are real, demonstrative, documentary and testimonial.

Real Evidence

“Real” evidence is physical evidence – objects that were actually involved in the situation or event. For example, if a protestor was shot during a demonstration, pieces of “real” evidence might include:

 

Demonstrative Evidence

“Demonstrative” evidence is evidence that represents something else. This can include maps, charts, graphs, illustrations, models, drawings, etc. Examples include:

 

Documentary Evidence

“Documentary” evidence is evidence that is in the form of original documents or copies of original documents. This can include government orders, memoranda, correspondence, judicial documents, hospital charts, medical practitioner notes, bank records, school records, power of attorney agreements, diaries, photographs and videos. Examples include:

 

Testimonial Evidence

“Testimonial” evidence is a person’s own words about what they or someone else witnessed. The story can be told orally, in writing, or by video. Examples include taped audio interviews, video interviews and written testimony.

Here Are Some Things To Remember When Collecting And Processing Evidence:

Label all evidence properly

 

Every little bit counts

All evidence related to a human rights violation should be collected, even if some pieces are missing.

 

First-hand accounts are best

The closer the witness was to the event or problem in question, the better. First-hand accounts of events are almost always preferable to second or third hand accounts. As accounts are re-told to others, facts can get distorted.

Record the evidence trail

Wherever possible, record a description of the piece of evidence, the source, and who handled it. This is especially important with respect to physical evidence. The evidence collector should prepare a “chain of custody” declaration—that is, a written or oral attestation to the following:

 

Documenting Human Rights Abuses In Iran:
What To Do With The Evidence?

 

Obviously, evidence cannot help build a collective memory if only you, the collector, holds on to it. If you know of any local non-governmental organizations (NGOs) that work on human rights issues, and conditions are safe, pass the evidence on to them. If possible, you can also contact international human rights organizations. You may submit evidence to IHRDC in a safe and secure manner on our submissions page or by mail to:

Iran Human Rights Documentation Center Submissions
129 Church Street, Suite 304
New Haven, CT 06511 U.S.A

The work of each and every Iranian in building our collective history is of the utmost importance. We hope this guide provides some useful information. Good luck and be safe!

Download Attachments:

Exit mobile version