UNITED
NATIONS
General Assembly
Distr.
GENERAL
A/ B 1/4 7 9
11 October 1996
ENGLISH
ORIGINAL: ENGLISH AND FRENCH
Fifty-first session
Agenda item 110 (c)
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND REPORTS
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Situation of human rights in the Islamic Republic of Iran
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the
General Assembly the interim report prepared by Mr. Maurice Danby Copithorne
(Canada) , Special Representative of the Commission on Human Rights on the
situation of human rights in the Islamic Republic of Iran, in accordance with
paragraph 13 of Commission on Human Rights resolution 1996/84 of 24 April 1996
and Economic and Social Council decision 1996/287 of 24 July 1996.
96-27315 (E) 301096 /. .
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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 COMMISSION RESOLUTION 1996/84 AND
ECONOMIC AND SOCIAL COUNCIL DECISION 1996/287
CONTENTS
Paragraphs Page
I. INTRODUCTION 1 - 2 4
II. SPECIAL REPRESENTATIVE'S ACTIVITIES AND SOURCES 3 - 4 4
III. RECENT DEVELOPMENTS IN THE HUMAN RIGHTS SITUATION .... S - 34 5
A. Democracy 5-7 5
B. Social climate 8 - 9 5
C. Judicial, legal and penal practices 10 - 14 7
D. Pressure on relatives 15 - 16 8
E. Violence outside the Islamic Republic of Iran . . . . 17 - 20 9
F. Situation of Iranian refugees and asylum-seekers
abroad 21 - 22 10
G. Situation of the Baha'is 23 - 27 11
H. The fatwa against Salman Rushdie 28 - 30 12
I. Information on prisoners 31 - 33 12
J. Prisoners of war 34 13
IV. STATUS OF WOMEN 35 - 36 13
V. SPECIAL REPRESENTATIVE'S CORRESPONDENCE WITH THE
GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN 37 - 39 14
VI. REQUEST FOR TECHNICAL ASSISTANCE 40 - 41 16
VII. CONCLUSIONS 42 - 43 16
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CONTENTS (continued)
Page
Annexes
I. Letter dated 23 April 1996 from the Permanent Representative of
the Islamic Republic of Iran to the United Nations Office at
Geneva addressed to the Special Representative on the situation
of human rights in the Islamic Republic of Iran 18
II. Letter dated 11 July 1996 from the Permanent Representative of
the Islamic Republic of Iran to the United Nations Office at
Geneva addressed to the Special Representative on the situation
of human rights in the Islamic Republic of Iran 19
III. Letter dated 29 July 1996 from the Permanent Representative of
the Islamic Republic of Iran to the United Nations Office at
Geneva addressed to the Special Representative on the situation
of human rights in the Islamic Republic of Iran 20
IV. Information on executions published in the Iranian and
international press during the period 1 January-31 August 1996 ... 21
/. .
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I. INTRODUCTION
1. In March 1996, the Special Representative submitted his first report to the
Commission on Human Rights on the situation of human rights in the Islamic
Republic of Iran (E/CN.4/1996/59) . The Special Representative noted that the
Commission had first established the position in 1984 and that there continued
to be a very great interest in the subject from many quarters. The Special
Representative pointed out the danger, in the Iranian context, of human rights
becoming a vehicle for political ends rather than an end in themselves. He
noted that his view of his function was to bring the status of human rights in
Iran into clear focus, providing at the same time an indication of areas in
which progress was being made and areas in which further progress was needed.
On the matter of his visit to Iran in February 1996, the Special Representative
noted that this could only be an introduction and that he looked forward to
another longer visit within 12 months to deepen his understanding of Iran,
particularly by broadening his range of contacts and visiting places outside of
Tehran.
2. The Special Representative does not believe it appropriate in his interim
report to go over the same ground covered in his report to the Commission on
Human Rights. He does, however, wish to update it in a number of respects, to
describe the human rights situation in Iran as it seems to have developed in the
intervening months, and to draw some conclusions as to present conditions.
II. SPECIAL REPRESENTATIVE'S ACTIVITIES AND SOURCES
3. The Special Representative visited the Islamic Republic of Iran from 9 to
16 February 1996. An account of that visit is given in the Special
Representative's first report to the Commission on Human Rights
(E/CN.4/1996/59), which was personally submitted on 16 April 1996. The Special
Representative returned to Geneva from 28 to 31 May 1996 and from 26 to
30 August 1996 in order to conduct a number of consultations, to participate in
the third meeting of special rapporteurs and special representatives, experts
and chairmen of working groups of the Commission on Human Rights, which took
place from 28 to 30 May 1996, and to draft the present interim report to the
General Assembly. While in Geneva, the Special Representative held
consultations with representatives of the Islamic Republic of Iran, officials of
the office of the United Nations High Commissioner for Human Rights/Centre for
Human Rights, officials of the Office of the United Nations High Commissioner
for Refugees (UNHCR) and representatives of several non-governmental
organizations. He also received representations from interested persons
concerning human rights violations in Iran. On 2 and 3 September 1996, the
Special Representative held conversations in Vienna with senior officials of the
Crime Prevention and Criminal Justice Branch.
4. In seeking to fulfil his mandate, the Special Representative has looked to
many sources for information including the Government of the Islamic Republic of
Iran; other Governments; individuals both within and outside Iran;
non-governmental organizations (NGO5) ; and the media. In Geneva, the Special
Representative held interviews with representatives of several NGO5, among them,
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Amnesty International, Baha'i International Community, Democratic Party of
Iranian Kurdistan (DPIK) , Human Rights Watch/Middle East, International
Commission of Jurists, International Educational Development, Inc., League for
the Defence of Human Rights in Iran, National Council of Resistance of Iran,
Organization for Defending Victims of Violence and Organization of Iranian
People's Fedaian (Majority)
III. RECENT DEVELOPMENTS IN THE HUMAN RIGHTS SITUATION
A. Democracy
5. In his 1996 report to the Commission on Human Rights, the Special
Representative noted that a general election campaign was under way when he
visited Iran in February 1996 and that while he was completing his report to the
Commission, a number of allegations were brought to his attention concerning the
process by which candidates were approved by the Council of Guardians. The
elections themselves, held in two rounds on 8 March and 19 April, were marked by
apparent irregularities in eight ridings which led to the nullification of the
results by the Council of Guardians. Such constituencies are for the moment
unrepresented in the new Fifth Majlis. Many observers believe these elections
were laying the ground for next year's presidential elections.
6. Various allegations have been made by opposition groups and others against
the Council of Guardians for nullifying the elections in these ridings.
According to the official Iranian news agency, IRNA, the Governor General of
Isfahan Province had earlier expressed the hope the elections would not be
nullified. He noted that 63 per cent of the eligible voters in his Province
had participated in the election compared with only 35 per cent for the last
Majlis elections. He added that the administrators of the elections had closely
collaborated with election supervisory commissioners to ensure “a healthy
conduct of the elections”. In its action the Council of Guardians accused some
candidates of using anti-revolutionary slogans, making “illusory promises” and
of buying votes. It is reported that the Iranian electoral law provides for
annulment only in the case of fraud. Finally, there were reports that police
had broken up demonstrations in Bonab, a city in north-western Iran, over the
Government's handling of the elections and that a number of people had been
killed.
7. The Special Representative hopes to discuss these allegations and concerns
with Iranian election officials on another visit to Iran.
B. Social climate
8. The Special Representative believes there have been a number of indications
that the social climate in the Islamic Republic is becoming less tolerant. The
Iranian and foreign press have reported that, in the name of combating “social
corruption” and “decadent westernization”, both government and non-governmental
entities have engaged in activities such as:
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- The Government
(a) The reported closure of several newspapers by the authorities, as
well as charges concerning the publication of false information
and of ‘weakening the foundation of the Islamic Republic” brought
against the editor of Kiyan , a publication critical of government
policies;
(b) The launching of a new television programme “Hoviyat” (Identity)
with the apparent objective of categorizing targeted
intellectuals as social misfits or foreign spies, and the demand
of an editor, Ezzatollah Sanabi, that he be given a right of
reply;
(c) The apparent campaign to purge from the university system those
persons “who fight against the sanctities of the Islamic system”;
(d) The breaking up by the authorities of an informal gathering of
writers to protest the intolerant atmosphere with the threat that
if such meetings were held again, those concerned will be
detained;
- Actions by non-governmental groups
(e) Several physical attacks on movie theatres in protest against the
showing of films judged by the attackers to be “contrary to
Islamic and religious values” and “decadent”. In some cases,
injuries were reported to have occurred among patrons;
(f) Forceable interventions to break up private social functions
which on occasion resulted in death;
(g) The disruption of memorial services for prominent literary
figures;
(h) The disruption of meetings to be addressed by prominent
dissidents such as philosopher Abdol Karim Soroush, who, it is
noted, has demanded that the Government take the measures
necessary to protect freedom of speech for Iran's academics and
intellectuals.
9. The Special Representative notes these developments with considerable
concern not least because some of them are being carried out by agencies of the
Government while others are carried out by non-governmental groups but with
government forces refusing to intervene. The Special Representative believes
the Government must take the lead in curbing such activities and that it could
show its commitment to do so by more actively condemning them and secondly
tasking government security forces to actively intervene to prevent such
incidents. During another visit to Iran, the Special Representative intends to
pursue these reports and discuss their implications with the Iranian
authorities.
/. .
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C. Judicial, legal and penal practices
10. In his 1996 report to the Commission on Human Rights, the Special
Representative referred to prospective changes to the Ta'zirat (discretionary
and preventive punishments) of the Law of Islamic punishments (E/CN.4/1996/59,
paras. 42-50) . According to press reports, the new provisions came into effect
on 9 July 1996. It has been noted elsewhere that in accordance with article 167
of the Constitution of the Islamic Republic of Iran, the Law of Islamic
punishments is to be considered only as a guide to judges. The Special
Representative places a high priority in having a full discussion of these new
Ta'zirat provisions and more generally of the Law of Islamic punishments, in
meetings with the Iranian judicial officials during a second visit to the
country.
11. In the meantime, the Special Representative would note that according to
the best information he has received, the punishment regime in Iran would seem
to have been significantly toughened.
12. According to information published in the Iranian and international press,
at least 66 persons were executed in the Islamic Republic of Iran during the
period 1 January-31 August 1996. This is a significant increase over the figure
of 50 persons executed that was noted by the Special Representative for 1995
(E/CN.4/1996/59, para. 46) . Of those executed, 30 persons were reportedly
hanged and 2 persons stoned to death. Two persons were executed after receiving
lashes. At least 13 executions took place in public. Thirty-two persons were
executed after being found guilty of common crimes (assassination, premeditated
murder, armed robbery, kidnapping, etc.); 11 on charges of drug trafficking;
5 on charges of premeditated murder and adultery and attempts against public
chastity; 13 on charges of spreading corruption on earth and establishing
centres for moral corruption; and 5 after being found guilty of membership in
and activities on behalf of armed opposition groups and espionage. The cases
reported in the Iranian and international press are described in annex IV.
13. The Special Representative would particularly note the following:
(a) The execution on 28 July 1996 of Mr. Rahman Radjabi Hamvand. The
Special Representative requested information on the case of this person in
February 1996 while he was in Tehran and sent two letters, dated 7 May and
19 July 1996, requesting the Government to ensure that this person could fully
benefit from all the internationally recognized procedural safeguards (see
paras. 37 (c) and (e) below and E/CN.4/1996/59, para. 86 (b));
(b) The execution on 22 June 1996 of Mr. Mehrdad Kalany, sentenced to
death on charges of, inter alia , ‘meeting and talking with Mr. Galindo Pohl and
the accompanying delegation”. In a letter dated 11 June 1996, the Special
Representative reminded the Government of the terms of reference for fact-
finding missions by representatives and rapporteurs of United Nations human
rights bodies and referred to Commission on Human Rights resolution 1996/70 (see
para. 37 (d) below) . On 9 August 1996 the Special Representative again wrote to
the Government requesting detailed information on the circumstances of the trial
and execution of Mr. Kalany (see para. 37 (g) below) . No reply was received
from the Government to these communications. It should also be mentioned that
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the Special Representative received a letter from Mr. Kalany dated end of
March 1996 written in Evin prison in Tehran. In that letter Mr. Kalany made
reference to the conditions of his detention in solitary confinement in
Asayeshgah section of Evin prison;
(c) The execution on 22 June 1996 of Mr. Ahmed Bakhtiari, an agricultural
engineer and a member of the Iranian People's Fedaian Organization (Minority)
The Special Representative was able to hold a private meeting with Mr. Bakhtiari
during his visit to Evin prison in Tehran on 13 February 1996 (see
E/CN.4/1996/59, paras. 97 (b) and 98 to 100)
14. During his February 1996 visit to Iran, the Special Representative
requested the Government to provide official information on the number of
executions that had been carried out since the beginning of the Iranian year
1373. No response has so far been received to the Special Representative's
request for statistics for the entire country, although this information has
been provided with regard to the persons executed in Tehran Province on
drug-trafficking charges during 1995 (see E/CN.4/1996/59, para. 47)
D. Pressure on relatives
15. The Special Representative has received a number of reports of harassment
or intimidation of relatives in Iran of political dissidents or sympathizers
living abroad. Among these are the following cases:
(a) Marzieh, a popular Iranian singer, aged 72, whose departure from Iran
in 1994 reportedly led to the harassment of her daughter in Tehran and whose son
was allegedly induced, by government agents, to precipitate a public incident at
a Marzieh concert in London, in June 1996, claiming that his mother was a
prisoner of an opposition group;
(b) Mrs. Ashrafossadat Mir-Hosseini, aged 58, former university professor
and a retired civil servant of the city of Ramsar, Mazandaran Province, who was
reportedly arrested on 6 April 1996 in Ramsar because of her sister's
activities, Ms. Akram Mir-Hosseini, who is president and founder of the Ligue
des Femmes Iraniennes pour la Démocratie, a women's non-governmental
organization registered in France. The Special Representative was informed that
Mrs. Ashrafossadat Mir-Hosseini, who had reportedly never carried out political
activity in Iran, has been interrogated several times during the last four years
by Iranian Security Service agents on the activities carried out in France by
her sister. The Special Representative appealed to the Government, on
19 April 1996, to ensure that, in case this person should continue to be
detained, she could fully benefit from all the internationally recognized
procedural safeguards (see para. 37 (a) below)
(c) Mohammad Taghaddossi, an Iranian opera singer whose relative was
reportedly detained in December 1995 at the Tehran airport and put under
pressure to ask him to stop performing abroad for an opposition group;
(d) Mr. Abbas Minachi Moghaddam, whose relatives in Iran were told that he
was imprisoned outside of Iran in a jail belonging to an opposition group.
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Mr. Minachi Moghaddam was received by the Special Representative in Geneva on
27 August 1996 and denied the allegations of imprisonment.
16. Other Iranian refugees resident in European countries have stated before
the Special Representative that they are receiving telephone calls from their
relatives in Iran urging them to abandon their activities in favour of
opposition groups, or to return to Iran. According to these testimonies, the
voice and expressions used by the relatives suggested that they were under
surveillance or were reading prepared texts.
E. Violence outside the Islamic Republic of Iran
17. In his report to the Commission on Human Rights, the Special Representative
noted that he had been presented with statistics suggesting that politically
motivated violence against Iranians outside the country was continuing unabated.
He referred to a number of specific recent cases. According to recent
information received by the Special Representative, this trend is continuing.
The Special Representative again records his concern at this trend and will
raise this subject with Iranian officials on another visit to the country.
18. The following cases have been brought to the attention of the Special
Representative:
(a) The assassination in Paris at the end of May 1996 of a former
Vice-Minister of Education in the Shah's Government, Mr. Reza Mazlouman;
(b) Reuters report of 7 March 1996 that Hamed Reza Rahmani, a member of
the People's Mojahedin Organization, was machine-gunned on that day in Baghdad;
(c) Reuters dispatch dated 18 March 1996 quoting the Democratic Party of
Iranian Kurdistan to the effect that four of its members were shot on that day
in a village near the city of Erbil in northern Iraq. The names of those killed
were Osman Rahimi, Taher Azizi, Hassan Ebrahimzadeh and Faramarz Keshavarz;
(d) Representatives of the Democratic Party of Iranian Kurdistan informed
the Special Representative that, on 21 April 1996, Iranian government agents
driving a Red Crescent Society ambulance entered an Iranian Kurdish refugee camp
in Bainjan, Sulaymaniyah Province, in Iraqi Kurdistan. One person was captured
by the camp guards and stated that they had been dispatched by agents of the
Iranian Ministry of Intelligence to carry out activities against Iranian
refugees;
(e) Representatives of the Democratic Party of Iranian Kurdistan also
reported that, on 27 July 1996, combat troops from the Islamic Revolution Guard
Corps attacked the bases of the party and a refugee camp in the Iraqi towns of
Koy-Sandjak and Hermutah, killing two Iraqi women, destroying 400 shacks and the
Azadi Hospital, and forcing 1,500 Iranian Kurdish refugees to evacuate the zone
in direction of Erbil. Iranian troops were withdrawn four days later. Other
sources suggest the attack was in response to a Democratic Party of Iranian
Kurdistan attack against the village of Kargar Olia in western Iran, during
which a number of Iranian troops and Democratic Party combatants were killed;
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(f) The murder in Karachi, Pakistan, on 4 March 1996, of two Iranian Sunni
clergymen was also reported. Abdol-Malek Mollahzadeh, aged 45, and
Abdol-Nasser Jamshid-Zehi, aged 25, were shot dead by four individuals in the
Liari district of Karachi.
19. In addition, there have been certain developments with regard to ongoing
cases of extraterritorial violence:
(a) In March 1996, it was reported in the press that the Federal Court of
Justice in Karlsruhe, Germany, had issued a warrant for the arrest of
Ali Fallahian, a Minister in the Government of the Islamic Republic, in
connection with the September 1992 assassination of four Iranian Kurdish
dissidents in Berlin, the so-called Mykonos affair;
(b) A government prosecutor's report in Turkish, with translation, in the
case of the assassination of Zahra Rajabi and Abdul-ali Moradi was submitted to
the Special Representative. The report asserts a connection between these
assassinations and officials of one of the government departments of the Islamic
Republic;
(c) Associated Press dispatch from Rome dated 15 July 1996 in the matter
of the 1993 assassination of Mohammad Hussein Naghdi, an Iranian opposition
figure, stating that a judge had postponed a hearing to decide whether two
Algerians and an Iranian should stand trial for the murder. Lawyers for the
victim's relatives were said to have urged Italian authorities to bring to
justice a fourth person, “an Iranian whose diplomatic immunity would keep him
from being prosecuted'.
20. According to a press report, in March 1996 police in Antwerp, Belgium,
intercepted a shipment of arms on an Iranian vessel. According to the report,
police investigators discovered a mortar bomb and a 322-millimetre mortar
capable of carrying an explosive load of 125 kilos over a range of 650 metres.
It has been stated that some 20 such mortar bombs were known to have been
manufactured in Iran; this is the second to have been discovered. The target,
it is alleged, was to have been the well-guarded headquarters of an Iranian
opposition group in Paris.
F. Situation of Iranian refugees and asylum-seekers abroad
21. The Special Representative received information that during 1995 40
UNHCR-recognized refugee applicants were deported from Turkey to Iran. In
addition, at least 14 Iranian asylum-seekers who had not been given the
opportunity to undergo UNHCR's refugee determination procedures were also
deported. In the first eight months of 1996, eight Iranian refugees were
reportedly deported to Iran (see para. 37 (b) below, concerning the case of
Mr. Kavoussi)
22. The Special Representative is following this matter with particular
attention and considers that in no circumstances should a non-fulfilment of
formal domestic requirements lead to a deportation or refoulement.
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G. Situation of the Baha'is
23. The Special Representative has continued to receive reports of cases of
grave breaches of human rights of the Baha'is in Iran and of situations of
discrimination against the members of this religious community.
24. According to the information received, nine Baha'is continue to be held in
Iranian prisons because of their beliefs, among them, Mr. Bihnam Mithaqi and
Mr. Kayvan Khalajabadi, who were visited by the Special Representative in Evin
prison in February 1996. The Special Representative was informed that after his
visit, on 18 February 1996, the Supreme Court confirmed the death sentences
against them and conveyed the information to the Islamic Revolutionary Court.
They have written to the Attorney-General asking for the verdict to be
rescinded. The charge of apostasy against Ramidan'Ali Dhulfaqari has not been
dealt with. The situation of another person charged with apostasy,
Dhabihu'llah Mahrami, remained in doubt as the civil court that was to issue a
new verdict has not done so (E/CN.4/1996/59, paras. 70 and 71) . The Special
Representative was recently informed that Mr. Musa Talibi has been condemned to
death by the Islamic Revolutionary Court of Isfahan on charges of apostasy. He
had been previously sentenced to one and a half years' imprisonment because of
his membership in the Baha'i community. However, the assistant to the public
prosecutor made an objection to the lightness of the sentence stating that no
consideration had been given to the fact that he was an apostate. Mr. Talibi
has appealed the death sentence and his case is before the Supreme Court.
Another Baha'i, Mr. Bakhshullah Mithaqi, who was supposed to be released in
August 1996 according to his sentence, continues to be held in prison.
25. Cases of discrimination against Baha'is in the Iranian court system
continue to be reported. In one case related to the death of a Baha'i in a car
accident, officials of Branch number 2 of the Public Court of the city of Ray,
Qazavi, in a 28 January 1996 sentence, stated that although the driver of the
car was found guilty of involuntary manslaughter, the relatives of the victim
were not entitled to receive compensation because the victim was a Baha'i.
Instead, the defendant was sentenced to make a payment to a government fund.
The sentence was said to be based ‘in the Islamic jurisprudence and page 559 of
Tahriru'l-Vasilih, section 31, principle 297 of Islamic Penal Law, according to
which only Muslim victims are entitled to blood money”. In another verdict,
issued in March 1996 by the Court of Ashtiyan, the relatives of a murdered
Baha'i were considered not entitled to receive financial compensation, “since
the victim was, in accordance with the statements of his father and the people
in the area in which he performed his services, and his identification
documents, a follower of the Baha'i sect”. However, the accused was sentenced
to three years in prison under principle 207 of the Islamic Penal Code.
26. The Special Representative was informed that private property belonging to
Baha'is in Yazd continues to be confiscated; that Baha'i students were still not
being accepted by Iranian universities and that those Baha'is who were dismissed
still have no right to pensions. During 1995, there were more than 150 cases of
confiscation of property belonging to Baha'is over the country. Recently,
Baha'i youth have been denied access to the fourth year of high school, to which
they had up to now been admitted.
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27. The Special Representative notes with deep concern the statement, as
reported in the press, of Ayatollah Yazdi on 14 May 1996 that, ‘although
religious minorities in Iran fully enjoy of their rights and liberties, Baha'ism
is not a religion but an organized espionage ring”. The Special Representative
would reiterate his view that the situation for the Baha'is in the Islamic
Republic can improve only if there is a significant change in attitude towards
them on the part of the Iranian authorities.
H. The fatwa against Salman Rushdie
28. The Special Representative understands that negotiations continue between
the European Union and the Government of the Islamic Republic of Iran on this
subject. He notes that according to press reports, senior government figures of
the Islamic Republic have declared that the Government itself would not take
steps to enforce the fatwa imposed by the late Ayatollah Khomeini. He also
understands that there remain significant problems such as the inclusion of
specific reference to the fatwa in the proposed understanding on this subject.
29. The Special Representative has also noted the Agence France-Presse report
that Ayatollah Yazdi had stated on 21 April 1996: “The fatwa applies to all
Muslims and will eventually be carried out one day, at the appropriate time.
The Rushdie matter will be resolved through application of the fatwa . We cannot
resolve it through negotiations or under pressure from this or that country.
The fatwa creates an obligation for Muslims in their personal capacity, not for
States.”
30. In his report to the Commission on Human Rights in February 1996, the
Special Representative made clear his condemnation of the threats upon the life
of Mr. Rushdie.
I. Information on prisoners
31. The Special Representative has received reports that Shahram Sepehri-Fard,
an Iranian Muslim convert to Christianity as a child and an ordained
Presbyterian minister, had been arrested in early July 1996 and apparently
interrogated about alleged involvement in espionage and adultery. It is also
reported that Mr. Sepehri-Fard was subsequently found innocent of all charges by
a military court in Tehran on 10 August 1996 and was to be released.
32. The Special Representative has received reports that one additional cleric
was arrested in February 1996, Grand Ayatollah Yaqoubodin Rastaghari, a cleric
who had been arrested on several previous occasions. Subsequently, the Special
Representative received reports of additional detentions in June. The names
mentioned were: Seyyed Mehdi Shirazi, a son of Grand Ayatollah
Mohammad Shirazi, and Ali al-Rumaisai, Sheikh Hussain Dhaakeri, and
Sheikh Azizollah Hassani, all three members of the staff of Grand Ayatollah
Mohammad Shirazi.
33. Still later, the Special Representative received reports that in
August 1996, 10 clerics and their supporters, arrested in late 1995 and early
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1996, had been released. The names of those released were given as:
Hujjatol Islam wal Muslimin Hassani; Hujjatol Islam Sheikh Hussain Dhaakeri;
Hujjatol Islam Sayyed Abbaas Moosawi; Hujjatol Islam Sheikh Jafar Ghani;
Jalal Aakhoond; Ahmed Aakhoond; Ayaad Foojeyan;
Hujjatol Islam wal Muslimin Sheikh Abdol Rahman al-Haa'eri;
Hujjatol Islam wal Muslimin Seyyed Abdol Rasool Moosawi; and
Hujjatol Islam Sheikh Muhammed Ali Ma'ash.
J. Prisoners of war
34. There have recently been exchanges between the Government of the Republic
of Iraq and the Government of the Islamic Republic of Iran concerning
allegations that each side is still holding prisoners of war eight years after
the ceasefire between the two countries. On 26 May 1996, IRNA, the Islamic
Republic's news agency, carried a report that the head of the Iranian Special
Commission for Prisoners of War had noted that four rounds of talks had been
held between Iran and Iraq on this matter in the past year. He said that
agreement had been reached but that the ‘absence of practical measures for
implementing the accord lies in lack of authority on the part of the Iraqi
delegation”. He expressed the hope that “a fifth round of talks would solve the
problem”. Subsequently, an Iranian official stated that some 700 Iranian
prisoners of war were still being held in Iraq. On 4 July 1996, the Permanent
Mission of the Republic of Iraq to the United Nations Office at Geneva issued a
press release stating that “Iran was holding more than 20,000 Iraqi prisoners of
war and that the fate of about 60,000 missing Iraqis was still unknown”. The
press release stated that, in August 1990, Iraq had honoured its obligations by
releasing all the prisoners of war under the auspices of the International
Committee of the Red Cross (ICRC) , except for those who refused to return to
Iran. The press release went on to say that “Iran, for its part, continued to
hold Iraqi prisoners of war”. On the following day, an Iranian official
reiterated that there were 700 Iranian prisoners of war still being held in
Iraq, prisoners which had been segregated from the rest of the Iranian prisoners
of war and transferred to other detention camps.
IV. STATUS OF WOMEN
35. In his report to the Commission on Human Rights, the Special Representative
reported on his discussions on this subject in the course of his visit to Iran
in February 1996 (E/CN.4/1996/59, paras. 58 to 64) . He summarized the debate
that seems to be going on about the status of women in Muslim countries,
particularly in the Islamic Republic of Iran. He noted that there seemed to be
some areas in which an improvement of the status of women is actively being
discussed, although not necessarily at the level of government policy. He
suggested that on the basis of some of these conversations, there was
considerable room for the Government to make changes without such changes
necessarily being viewed as an infringement of religious precepts. Finally, the
Special Representative concluded that in his view, the status of women in the
Islamic Republic of Iran is indeed not equal to that of men in very many ways,
and that leadership for change would have to come from political elites.
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36. Since that report, many incidents have been brought to the attention of the
Special Representative. Further inquiry and, in particular, discussion with
both Iranian political elites and with Iranian women is high on the Special
Representative's agenda for another visit to Iran.
V. SPECIAL REPRESENTATIVE'S CORRESPONDENCE WITH THE
GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN
37. The Special Representative addressed the following letters to the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office at
Geneva:
(a) Letter dated 19 April 1996 requesting information on the arrest of
Mrs. Ashrafossadat Mir-Hosseini, which took place on 6 April 1996 in the city of
Ramsar, reportedly in connection with the activities of her sister,
Mrs. Akram Mir-Hosseini, who is president and founder of the Ligue des Femmes
Iraniennes pour la Démocratie (see para. 15 (b) above) . The Special
Representative appealed to the Government to ensure that, in case this person
should continue to be detained, she could fully benefit from all the
internationally recognized procedural safeguards;
(b) Letter dated 7 May 1996, requesting information on the legal status
and whereabouts of Mr. Mehrdad Kavoussi, a sympathizer of the National Council
of Resistance of Iran registered as an asylum-seeker by the UNHCR office in
Turkey, who was deported to Iran by Turkish authorities on 25 April 1996. The
Special Representative requested the Iranian Government to ensure that, in the
event that this person was in detention, he could fully benefit from all the
procedural safeguards provided for in the International Covenant on Civil and
Political Rights, including access to legal assistance and the prevention of
ill-treatment or torture. In a letter dated 11 July 1996, the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office at
Geneva replied that Mr. Kavoussi departed on 17 June 1996 from Tehran to Turkey
with an Iranian passport issued at his request (for the text of this letter see
annex II) . Mr. Kavoussi subsequently met with the Special Representative on
27 August 1996 in Geneva;
(c) Letter of the same date (7 May 1996) requesting information about the
current situation of Mr. Rahman Radjabi Hamvand, a member of the Democratic
Party of Iranian Kurdistan, detained in Darya prison in Orumiyeh and sentenced
to death (see para. 13 (a) above and E/CN.4/1996/59, para. 86 (b)) . The Special
Representative requested the Government to ensure that this person could fully
benefit from all the procedural safeguards provided for in the International
Covenant on Civil and Political Rights and in the annex to Economic and Social
Council resolution 1984/SO of 25 May 1984, entitled ‘Safeguards guaranteeing
protection of the rights of those facing the death penalty”. According to the
information received by the Special Representative, this person's trial was
initiated by a private complaint of an individual who reportedly had personal
differences with him but who subsequently renounced his complaint. It was also
alleged that Mr. Radjabi Hamvand had not committed any assassination (see
para. 37 (e) below);
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(d) Letter dated 11 June 1996 concerning Mr. Mehrdad Kalany, son of
Ali-Akbar, a sympathizer of the National Council of Resistance of Iran, alleging
that he was arrested for, among other things, meeting with the Special
Representative's predecessor, Mr. Reynaldo Galindo Pohl, on 22 January 1990 in
Tehran, and that, while leaving the United Nations Development Programme office
from that meeting, he was arrested (see para. 13 (b) above) . He was convicted
and sentenced to death by Branch 2 of the Islamic Revolutionary Court of Tehran
in January 1993. Among the charges was ‘meeting and talking with
Mr. Galindo Pohl and the accompanying delegation”. The Special Representative
reminded the Government of the terms of reference for fact-finding missions by
Special Rapporteurs/Representatives of the United Nations Commission on Human
Rights and referred to Commission resolution 1996/70 of 23 April 1996 which,
inter alia , urges Governments to refrain from all acts of intimidation or
reprisal against those who have cooperated with representatives of United
Nations human rights bodies, or who have provided testimony or information to
them. The Special Representative asked the Government to investigate this
situation as a matter of priority (see para. 37 (g) below)
(e) Letter dated 19 July 1996 concerning Mr. Rahman Radjavi Hamvand. This
letter was sent when the Special Representative was informed that Mr. Radjavi's
request for clemency had been rejected by the Amnesty Council. Subsequently,
the Special Representative was informed that this person was executed on
28 July 1996 in the prison of Orumiyeh (see para. 37 (a) above)
(f) Letter dated 24 July 1996 concerning three Iranian citizens reportedly
sentenced to death, namely, Hedayatollah Zendedel, Abolghasem Majd-Abkahi and
Alireza Yazdanshenas (E/CN.4/1996/59, paras. 29 (c) , 33 and 98) . The Special
Representative requested information as to the wording of the convictions
entered against these persons and requested the Government to ensure that they
could benefit from all the procedural safeguards provided for in articles 6, 14
and 15 of the International Covenant on Civil and Political Rights, and also
safeguards 4 to 8 of the annex to Economic and Social Council resolution 1984/50
of 25 May 1984;
(g) Letter dated 9 August 1996 concerning Mr. Mehrdad Kalany. He
requested to be informed, inter alia , of the specific provisions of the Iranian
penal legislation forming the basis of the charges and conviction; the precise
charges resulting in Mr. Kalany's conviction; the provisions of Iranian judicial
legislation forming the basis of the trial procedure and the possibilities of
appeal that were available. The Special Representative was subsequently
informed that Mr. Kalany had been executed on 22 June 1996 in Evin prison in
Tehran (see para. 37 (b) above)
38. On 9 August 1996, the Special Representative sent a joint urgent appeal
together with the Special Rapporteur of the Commission on Human Rights on the
question of torture, to the Minister for Foreign Affairs of the Islamic Republic
of Iran, Mr. Ali Akbar Velayati, appealing to the Iranian Government to ensure
that no further amputations or other corporal punishments be carried out against
persons convicted of criminal offences. On 25 July 1996, Ayatollah Moghtadai
had reportedly announced that amputations for theft were to be resumed in order
to stem rising levels of crime. Under the new policy, those persons to be
punished would have four fingers amputated on the right hand for a first
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offence. Persons convicted of a second theft offence would have the toes of the
left foot amputated. Shortly after the announcement by the State Prosecutor,
amputations of the fingers were reportedly carried out in Tehran upon six
persons who had more than one theft conviction. As this report was being
prepared, the Iranian authorities advised the Special Representative that the
Iranian press story of 25 July 1996 had been incorrectly translated.
39. The Permanent Representative of the Islamic Republic of Iran to the United
Nations Office at Geneva sent three letters to the Special Representative, dated
23 April, 11 and 29 July 1996, which are reproduced in annexes I, II and III to
this report. The letter dated 23 April 1996 concerns two Iranian Baha'is who
were visited by the Special Representative in Evin prison on 13 February 1996
(see E/CN.4/1996/59, paras. 70, 97 (a) and 98 to 100) . The letter dated
11 July 1996 concerns Mr. Mehrdad Kavoussi. Lastly, the letter dated
29 July 1996 makes reference, inter alia , to lists of prisoners contained in
previous reports by the former Special Representative,
Mr. Reynaldo Galindo Pohl.
VI. REQUEST FOR TECHNICAL ASSISTANCE
40. The Permanent Representative of the Islamic Republic of Iran to the United
Nations Office at Geneva, by letter dated 10 June 1996, requested the office of
the High Commissioner for Human Rights/Centre for Human Rights for technical
assistance in the areas of prison system and training of judges in Iran, as well
as to render advisory services to the NGO network on women existing in the
country. The Centre replied stating that it was reviewing all planned technical
cooperation activities, taking into account available human and financial
resources. Once this process was finalized, the Centre would be in a better
position to respond to the Iranian Government's request. In a letter dated
7 August 1996, the Permanent Representative of the Islamic Republic of Iran to
the United Nations Office at Geneva requested the Special Representative's help
in obtaining such technical assistance.
41. In taking note of the request, the Special Representative decided to make
inquiries of the Crime Prevention and Criminal Justice Branch in Vienna. He was
informed that the Permanent Representative of the Islamic Republic of Iran in
Vienna had submitted a request for technical assistance to the Division as well.
The Special Representative considers that the submission of these requests
should be welcomed, and he would strongly recommend that sympathetic
consideration be given to them by the two agencies in an appropriately
coordinated manner.
VII. CONCLUSIONS
42. As will be seen from this report, the information reaching the Special
Representative suggests that the condition of human rights in the Islamic
Republic of Iran may well have deteriorated since his report earlier this year
to the Commission on Human Rights. In particular, the developments in the areas
of executions, social atmosphere and criminal punishments, if confirmed after
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discussions with the Iranian authorities, are in his view egregious evidence
that a culture of human rights remains to be established.
43. Nevertheless, there are some positive signs such as the above-mentioned
requests for technical assistance. For his part, the Special Representative is
determined to continue his dialogue with the authorities of the Islamic Republic
of Iran and has asked to visit Iran in December 1996. He believes the
cooperation extended to him so far in his mandate by the Iranian authorities is
a welcome sign, and trusts that this spirit of cooperation can continue.
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Annex I
LETTER DATED 23 APRIL 1996 FROM THE PERMANENT REPRESENTATIVE OF
THE ISLAMIC REPUBLIC OF IRAN TO THE UNITED NATIONS OFFICE AT
GENEVA ADDRESSED TO THE SPECIAL REPRESENTATIVE ON THE SITUATION
OF HUMAN RIGHTS IN THE ISLAMIC REPUBLIC OF IRAN
With regard to the recent reports on the fate of Mr. Kayvan Khalajabadi and
Mr. Bihnam Mithaqi, I would like to draw your attention to the fact that the
death sentence has not been confirmed. The accused have the possibility for
recourse. Under article 31 of the General Courts, the accused or their lawyers
are entitled to request for another review. This article may be invoked within
the time allowed under the law for rescinding of the verdict by the Attorney-
General and re-examination of the case by another court. Should the verdict,
following re-examination of the case, be reconfirmed, the accused may seek
pardon through the Amnesty Council.
Up to this moment, the accused or their lawyers have not requested
re-examination of the cases under the foregoing provisions.
( Signed ) Sirous NASSERI
Permanent Representative
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Annex II
LETTER DATED 11 JULY 1996 FROM THE PERMANENT REPRESENTATIVE OF
THE ISLAMIC REPUBLIC OF IRAN TO THE UNITED NATIONS OFFICE AT
GENEVA ADDRESSED TO THE SPECIAL REPRESENTATIVE ON THE SITUATION
OF HUMAN RIGHTS IN THE ISLAMIC REPUBLIC OF IRAN
Questions have been raised about Mr. Mehrdad Kavousi, a former member of
the Mojahedin Khalgh. On this point, I would like to draw your kind attention
to the following information received from Tehran:
He was deported from Turkey. After entering the Islamic Republic of Iran,
he requested a passport, which was issued. He then departed from Tehran to
Turkey on 17 June 1996 by Iran Air (flight No. 719) . According to him, he
wanted to pursue, through the United Nations office in Turkey, the release of
his wife who is detained by the Mojahedin Khalgh in Iraq.
( Signed ) Sirous NASSERI
Permanent Representative
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Annex III
LETTER DATED 29 JULY 1996 FROM THE PERMANENT REPRESENTATIVE OF
THE ISLAMIC REPUBLIC OF IRAN TO THE UNITED NATIONS OFFICE AT
GENEVA ADDRESSED TO THE SPECIAL REPRESENTATIVE ON THE SITUATION
OF HUMAN RIGHTS IN THE ISLAMIC REPUBLIC OF IRAN
I would like to provide you with the following information received from
Tehran.
1. Hossien ESHRAGHI: He is free and does not have any judicial problem.
2. Ali-Reza SADEGHI: Owing to the lack of personal information, including
information on vital status, authorities have not been able to identify him.
3. Mahmoud MOTTAHEDDIN: He was arrested on charges of acting against national
security. After due process of law, he was sentenced to 15 years' imprisonment.
He was later pardoned and was released on 10 February 1992.
4. Ali ABADI: He was arrested on 18 September 1982 on charges of cooperating
with the terrorist group of Fadaie Khalgh. After trial, he was sentenced to
40 days' imprisonment. He was released after serving his term.
5. Abbas ZABOLI: He was arrested on charges of acting against national
security. After due process of law, the court found him guilty and sentenced
him to 12 years of imprisonment. He was pardoned on 6 April 1992 and was
afterwards released.
6. Mowlavi Ahmad SAYYAD: He died at a bus station. The Forensic Department
has confirmed that he died because of heart failure.
7. Feraydoun NAJAFI: He was arrested on charges of acting against national
security. After due process of law, the court found him guilty and sentenced
him to 15 years of imprisonment. However, he was later pardoned and released on
9 December 1992.
8. Fatemeh ESHRAGHI: She was arrested on charges of acting against national
security. After due process of law she was sentenced to five years of
imprisonment. She was released last year after serving her term.
9. Farhad JAVIDAN: He was arrested for his involvement in trade in
pornographic materials. The court sentenced him to 20 days' imprisonment.
After serving his term, he was released on 14 October 1993.
10. Zahra RAJABI and Abdol-Ali MORADI: The involvement of the Government of
the Islamic Republic of Iran in the death of these two individuals is baseless.
It is worth mentioning that the so-called MKO, which is a terrorist
organization, has always tried to blame others for its well-known policy of
internal purging.
( Signed ) Sirous NASSERI
Permanent Representative
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Annex IV
INFORMATION ON EXECUTIONS PUBLISHED IN THE IRANIAN AND INTERNATIONAL
PRESS DURING THE PERIOD 1 JANUARY-31 AUGUST 1996
In early January 1996, seven people convicted on charges of armed robbery,
kidnapping and smuggling were reportedly executed in Kerman. Their names were
given as follows: Mansour Afzaly, son of Mohammad Ali, aged 24;
Modjtaba Hadj Mir Alikhany, son of Mohammad, aged 23; Akbar Khdjeh-Pour, son of
Abbasse, aged 28; Hossein Izad-Panah; Ali Reza Sabahi, son of Mohammad;
Ahmad Noureddiny, son of Seyfollah; and Ali Abbassi, son of Mohammad. Another
person, Mehdi Ghanbary, was hanged in public in Felestine Square, Saveh, on
charges of assassination, after receiving 30 lashes.
In early March 1996, Mostafa Tondro Somesaraie, aged 43, and
Amrollah Jaafari, aged 30, were executed on charges of premeditated murder in
Karaj. The executions of these persons were carried out in the presence of the
victims' relatives. Another person, Bahram Shamsy, son of Ali Osat, was hanged
in public in Shaheen-Deje after being found guilty of premeditated murder. On
12 March 1996, Mohammad Reza Taban was hanged in public in Fasa on charges of
murder and armed robbery.
In early April 1996, Jamshid Yadollahi, son of Manouchehr, was hanged in
public in Sarvestan, after being found guilty of armed robbery. On
10 April 1996, Mustafa Ghaderi and Salim Sabernia, members of the Kurdish
opposition group Komala, were executed. On 22 April 1996, a person was hanged
in front of a bank in Dezful, after being found guilty of having taken part in
an armed attack on that bank. His corpse was left on public view for 22 hours.
Also in April 1996, Fath Ali Saberi was hanged in Tehran on charges of attempts
against public chastity and adultery. Another person, Asghar Rostami Zadeh, was
hanged in Shiraz, after being found guilty of murder and armed robbery. The
verdict was carried out in the presence of the victim's family at
Vali-Asr Square.
In early May 1996, two persons were hanged in Bijand on charges of drug
trafficking. Another two persons, Abdolreza Tappeh-Kaboudi, son of Ali, and
Djahangarde Nemati, were hanged in public in Kermanshah on charges of
assassination.
On 18 May 1996, five people were hanged in Tabriz on charges of
assassination and armed robbery. Their names were given as follows:
Mohammad Reza Charifi, aged 21; Jaafar Faradjpour, aged 21; Davar Mardani, aged
23; Ali Reza Nikdjah, aged 21; and Reza Bahreini, aged 21. On 20 May 1996,
another two persons, Mohammad Gholi and Habibollah Mohammadi, were hanged in
Shiraz on charges of assassination, and Khodaverdy Yousofzadeh was hanged in
Harisse, also on charges of premeditated murder.
On 8 June 1996, Khalil Qasem Zahed Tehrani, Mostafa Firoozi and
Mohammad Proozi were hanged in public in Ferdowsi Square in Mashhad, after being
found guilty of assassination, kidnapping, terrorizing people and sexually
assaulting women. Before his execution, Tehrani received 144 lashes.
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On 22 June 1996, Mehrdad Kalany, a member of the People's Mojahedin
Organization of Iran was executed. He had been sentenced to death in early
1994. On the same day Ahmad Bakhtari, a member of the People's Fedaiyan
Organization of Iran (Minority) , who was sentenced to death in January 1993, was
also executed.
Also in June 1996, Ms. Chahine Soltan-Moradi and Mr. Mohammad Ali Hemati
were stoned to death in the city of Orumiyeh, after being found guilty of
premeditated murder and adultery. Another woman and a man were hanged in Shiraz
on charges of the premeditated murder of Akbar Hamidi and adultery. Another two
persons accused of premeditated murder, Aref Lofti and Reza Yaghoobi, were
executed in Zarinshahr. Also in June 1996, 12 members of the Dervish sect were
executed in Hamedan on charges of establishing centres for moral corruption, and
an army colonel was executed for spying for Iraq.
On 21 July 1996, Akbar Esmaili, aged 28, was hanged at Tehran's Qasr prison
after a court sentenced him to death for killing a compatriot in Japan in 1992.
He had been extradited by Japan. Two other men convicted of murder,
Mohammad Golabi, aged 33 and Ali Naghie, aged 41, were also hanged at the prison
in separate cases.
Also in July 1996, Ali Reza Zargham, son of Mohammad, known as “Behzad Baba
Arbab” was hanged in Shiraz on charges of sedition and corruption on earth, and
seven people were executed in Tehran after being found guilty of belonging to
drug trafficking gangs that transported five tons of drugs across the border.
Their names were given as follows: Lezgin Jahangiri, son of Bayg;
Mohammad Rastegar Moqaddam, son of Ali; Khorshid Mokarrami, son of Jafar;
Mohammad Saleh Nemati, son of Mozafar; Qader Arjomandi, son of Ramezan;
Hossein Tarani, son of Rasool; and Mehdi Khanbashi, son of Esmail.
In August, two Iranian men were hanged in Shiraz. They were found guilty
by an Islamic Revolutionary Court of murder and drug trafficking. One of the
men was hanged at the site of the crime and the other was executed in Adel
prison. They were arrested in July with 419 kilograms of opium.
