UNITED
NATIONS
General Assembly
Distr.
GENERAL
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14 October 1994
ORIGINAL: ENGLISH
Forty-ninth session
Agenda item 100 (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. Reynaldo Galindo Pohl
(El Salvador) , Special Representative of the Commission on Human Rights on the
situation of human rights in the Islamic Republic of Iran, in accordance with
paragraph 14 of Commission on Human Rights resolution 1994/73 of 9 March 1994
and Economic and Social Council decision 1994/263 of 22 July 1994.
94-40057 (E) 271094 041194 /. .
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Annex
[ Original: English/Spanish]
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 1994/73 AND ECONOMIC AND SOCIAL COUNCIL DECISION
1994/263
CONTENTS
I. INTRODUCTION
II. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC
REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE
A. Right to life
B. Enforced or involuntary disappearances
C. Right to freedom from torture or cruel, inhuman
or degrading treatment or punishment
D. Administration of justice
E. Freedom of expression, opinion and the situation
of the press
F. Freedom of religion and the situation of the
Baha'i community
G. The situation of women
H. Political rights
I. Persons in prison
J. Acts of terrorism
IV. CONSIDERATIONS
A. Auspicious successes for human rights in the
international arena
B. The 1994 mandate
Paragraphs
1-4
5 - 12
13 - 80
14 - 35
36
Page
4
4
7
7
10
37 - 43 10
44 - 56 11
57 - 60 13
61 - 71 14
72 - 77 16
78 17
79 17
80 23
81 - 115 23
81 - 85 23
86 - 87 24
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CONTENTS (continued)
Paragraphs Page
C. Cooperation of the Government of the Islamic
Republic of Iran 88 - 89 25
D. Right to life 90 - 98 26
E. Attack in Mashhad 99 28
F. Torture and cruel treatment of persons arrested
or sentenced for offences 100 - 102 28
G. Administration of justice and freedom of
expression 103 - 109 29
H. Freedom of religion 110 30
I. The situation of the Baha'is 111 - 112 31
J. The situation of women 113 - 114 31
K. Political rights 115 32
V. GENERAL OBSERVATIONS 116 - 117 32
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I. INTRODUCTION
1. On 20 December 1993, the General Assembly adopted resolution 48/145
entitled ‘Situation of human rights in the Islamic Republic of Iran” in which,
inter alia , it decided to continue the examination of the situation of human
rights in the Islamic Republic of Iran, including the situation of minority
groups, such as the Baha'is, during its forty-ninth session under the item
entitled “Human rights questions”, in the light of additional elements provided
by the Commission on Human Rights and the Economic and Social Council.
2. At its fiftieth session, the Commission on Human Rights decided, by its
resolution 1994/73 of 9 March 1994, 1/ to extend the mandate of the Special
Representative, as contained in Commission resolution 1984/54 of 14 March 1984,
for a further year and requested the Special Representative to submit an interim
report to the General Assembly at its forty-ninth session on the situation of
human rights in the Islamic Republic of Iran, including the situation of
minority groups, such as the Baha'is, and to report to the Commission at its
fifty-first session. In its decision 1994/263, the Economic and Social Council
endorsed that resolution.
3. In compliance with paragraph 14 of Commission on Human Rights resolution
1994/73 and Economic and Social Council decision 1994/263, the Special
Representative submits herewith his interim report on the situation of human
rights in the Islamic Republic of Iran. It refers to the situation of human
rights in the Islamic Republic of Iran during the period from January to
July 1994, although it must obviously be read in the light of the reports
submitted by the Special Representative since 1986.
4. As in previous years, the interim report concentrates on written
communications with government officials and on allegations of human rights
violations from non-governmental organizations (NGO5) and individuals. Owing to
the short interval between the two reports, the interim report has been planned
and written as the first part of the final report and the two documents should
accordingly be regarded as one.
II. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC
REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE
5. The Special Representative met with Ambassador Sirous Nasseri, Permanent
Representative of the Islamic Republic of Iran to the United Nations Office at
Geneva, on 24 February and 14 September 1994. At those meetings, several
subjects relating to the situation of human rights in the Islamic Republic of
Iran were discussed, in particular, ways and means of strengthening the
cooperation which the Government of the Islamic Republic of Iran accords to the
mandate of the Special Representative.
6. On 13 January 1994, the Special Representative addressed the following
letter by telex to the Minister for Foreign Affairs of the Islamic Republic of
Iran:
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“... I should like to bring to your attention that I have received reports
according to which Mr. Mehdi Dibaj, a former Muslim and now a Christian
pastor, who has been in prison for more than seven years, was sentenced to
death on 3 December 1993 on charges of apostasy by an Islamic Revolutionary
Court in the city of Sari. Fears have been expressed that his execution
may be imminent.
“I would be most grateful if you could ensure that Mr. Dibaj can
benefit from all the procedural safeguards provided for in articles 6, 14
and 15 of the International Covenant on Civil and Political Rights as well
as the safeguards 4 to 8 of the annex to Economic and Social Council
resolution 1984/50 of 25 May 1994, entitled ‘Implementation of safeguards
guaranteeing the rights of those facing the death penalty.
“In view of the repeated assurances I have received from your
Government that no person is persecuted for his faith and in the event that
all legal remedies have been fully exhausted, may I appeal to your
Government to consider granting clemency to Mr. Dibaj.”
7. On 15 February 1994, the Permanent Representative of the Islamic Republic
of Iran to the United Nations Office at Geneva transmitted the reply of his
Government to the letter from the Special Representative dated 13 January 1994.
The letter reads as follows:
“... In reference to your telex message concerning the case of Mr. Mehdi
Dibaj and the allegations raised in the context of his death penalty, I
have the honour to inform you of the following.
‘According to the judicial authorities in my country, Mr. Mehdi Dibaj
has not been sentenced to death for his conversion to Christianity and his
offence has not come to the level of death penalty according to the penal
code of the Islamic Republic of Iran.
“Mr. Dibaj is currently released from the custody and awaiting trial.”
8. On 17 February 1994, the Special Representative addressed the following
letter to the Permanent Representative of the Islamic Republic of Iran to the
United Nations Office at Geneva:
“... I should like to bring to your attention that I have received reports
that Bishop Haik Hovsepian Mehr, Chairman of the Council of Protestant
Ministers and Secretary-General of the Assembly of God Churches in the
Islamic Republic of Iran, was recently assassinated in Tehran.
“On 11 January 1994, Bishop Haik Hovsepian Mehr had requested me to
travel to the Islamic Republic of Iran to meet with Protestant and
Evangelical ministers and government officials to discuss human rights
matters and the situation of the religious minorities. He reportedly met
with the Ministry of Islamic Guidance and presented a request that the
rights of the Christian minority be protected. In response, the Ministry
reportedly required all Christian denominations to sign a declaration
stating that they enjoyed full constitutional rights as Christians in the
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Islamic Republic of Iran. Bishop Haik Hovsepian Mehr refused to sign on
behalf of his denomination.
“On 19 January 1994, he disappeared from his residence in Tehran and
was reportedly taken to an agency of the Government. Some days later, he
was found dead.
“In view of the assurances I have received from your Government that
no Iranian citizen is persecuted for his faith and that all Christians are
enjoying the same rights as any other citizen in the Islamic Republic of
Iran, I would be most grateful if the aforementioned reports could be fully
investigated, including a judicial autopsy, and if I could be provided with
full information about the result of the inquiry into Bishop Haik Hovsepian
Mehr's death.”
9. On 21 February 1994, the Permanent Representative of the Islamic Republic
of Iran to the United Nations Office at Geneva transmitted the reply of his
Government to the letter from the Special Representative dated 17 February 1994.
The letter reads as follows:
In reference to your telex message dated 17 February 1994 concerning
the case of Bishop Haik Hovsepian Mehr, I have the pleasure to inform you
of the following.
“According to a police report, the body of Bishop Haik Hovsepian Mehr,
Superintendent of Iran's Evangelical Church, was found in the vicinity of
Tehran. He appeared to have been stabbed to death and the perpetrators
have escaped with his car.
“Following the statement of the family members to the police, a
suspect has been arrested and is under investigation. The police is
searching for other possible accomplices.
“In the light of the importance of the case and the esteem with which
the victim is held in the Christian community in Iran, the Office of the
Prosecutor in Tehran has ordered a full fledged investigation of the case
to arrest and bring the perpetrators to justice and you will be provided
with the progress made in this regard at the appropriate stage.”
10. On 19 January 1994, the Permanent Representative of the Islamic Republic of
Iran to the United Nations Office at Geneva addressed the following letter to
the Special Representative:
“... I have the pleasure to inform you that on the occasion of the
religious day of “Maba'ath”, 2,389 prisoners convicted by revolutionary,
military and general courts were amnestied or their term of imprisonment
mitigated in the Islamic Republic of Iran.”
11. Moreover, by letters dated 7 January and 8 April 1994, the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office at
Geneva transmitted to the Special Representative information concerning the
humanitarian assistance and emergency relief programmes performed by his country
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in favour of 100,000 Azeri displaced persons in the aftermath of recent military
conflicts in the region.
12. On 29 July 1994, the Special Representative, following past practice,
transmitted to the Permanent Representative of the Islamic Republic of Iran to
the United Nations Office at Geneva a memorandum containing the main allegations
of human rights violations and comments of a general nature about the situation
of human rights in the Islamic Republic of Iran he had received since
1 January 1994.
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE
13. The following paragraphs contain a summary of some of the allegations of
human rights violations received by the Special Representative and communicated
to the Government of the Islamic Republic of Iran in a memorandum dated
29 July 1994.
A. Right to life
14. Although the Iranian press has ceased to publish most of the cases of
executions, at least 39 executions were reported during the period from
1 January to 14 July 1994, many of which allegedly resulted from trials in which
the guarantees of due process of law were not properly applied. The death
penalty was not limited to the most serious crimes, in contradiction with the
provision of article 6 of the International Covenant on Civil and Political
Rights. Many executions took place in public. The following specific cases of
application of the death penalty were reported.
15. According to a dispatch from Reuters of 26 January 1994 and the Kayhan
newspaper of the same date, Nemat Nassiri, Hedayat Nassiri, Keramat Nassiri and
Javid Dehghan were hanged by crane in public in Shiraz, Ears Province, after
being found guilty of propagation of corruption on Earth. The bodies of the
four victims were left hanging for several hours. Another five persons were
hanged in public in Tehran on charges of committing acts of brigandage and
battery, rape, beating up of innocent men and women and indulging in indecent
activities.
16. According to Kayhan of 1 February 1994, on 31 January 1994, a woman named
Mina Kalout was stoned to death in Evin prison in Tehran, after being found
guilty of adultery and planning her husband's murder. Her cousin,
Abdol-Hossein Siamakpour, was hanged in public in the same place for complicity
in the crime.
17. On 31 January 1994, Ghodrat Kaeli and Reza Bashkuleh were executed in the
southern town of Andimeshg, after being found guilty of having been affiliated
with a banned left-wing party.
18. According to a dispatch from Agence France Presse of 21 February 1994,
Rajab Abdollahi was hanged in Ardebil after being found guilty of murder.
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Another two persons, named Ghadir and Mansour, were hanged in the same city on
charges of rape and drinking alcohol.
19. On 25 February 1994, Mr. Feizollah Mekhoubad, aged 75, was executed. He
was arrested on charges of having links with a foreign country allegedly based
on the supposition that he had contacted various family members living abroad.
It was reported that, when Mr. Mekhoubad denied those charges, he was severely
tortured in Evin prison in Tehran. When his body was recovered, his face showed
signs of severe disfigurement, notably swelling attributable to blows, further
attested to by missing teeth and bruises in several places on his face. It was
further reported that Mr. Mekhoubad was denied visits while in Evin prison,
apart from very exceptional occasions, that he was effectively denied any legal
defence following threats against lawyers who had been willing to assist him and
that he was kept in solitary confinement for prolonged periods. It was further
said that he expressed the wish to retract a former confession, extracted under
torture, before his execution.
20. It has been reported that five members of the banned Democratic Party of
Iranian Kurdistan, Hossein Sobhani, Rauf Mohammadi, Bahman Khosravi,
Ghaderi Moradi and Adel Abdollahi, were executed in February 1994 in Diselabad
prison in Kermanshah. Four of them had been arrested on 15 July 1992, near the
town of Djouanro. Mr. Adel Abdollahi had spent several years in prison. All of
them were allegedly subjected to several forms of torture while in detention.
21. In February 1994, four persons were executed in Shahriar on charges of
murder and armed robbery. Another three unnamed persons were hanged in Nour on
charges of murder, torture, kidnapping, fraud and manslaughter.
22. On 2 March 1994, the Iranian newspaper Ressalat reported that
Ms. Tahereh Ghane'e, married and with children, was stoned to death in public in
the city of Qom, Central Province. She was reportedly charged with illegitimate
links with a man and cooperating with a prostitution ring.
23. According to a dispatch from Agence France Presse of 14 April 1994, three
persons of Afghan nationality were hanged at Qom on charges of propagation of
corruption on Earth, armed robbery and destroying public security.
24. Agence France Presse reported, on 17 May 1994, that a 17-year-old boy was
publicly hanged on 16 May 1994 in the holy city of Mashhad on charges of
sexually assaulting a minor.
25. On 14 July 1994, the Iranian newspaper Kayhan reported that Ibrahim Jafari,
Hossein Dad-Ban and Sohrab Rezai, were hanged in public in Qom, after being
found guilty of armed robbery and rape. Another two persons,
Mohammad-Hossein Ansari and Abbas Chamsse, were hanged in public in the same
city on charges of drug trafficking.
26. Mitra Zahraei, a 15-year-old girl, was sentenced to death in January 1994
after being convicted of murder by a court in Qazvin.
27. Concern has been expressed to the Special Representative about the recent
assassinations of Christian church leaders in Iran. The assassination of
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Reverend Tatavous Michaelian, aged 62, was reported. He was the acting chairman
of the Council of Protestant Ministers in Iran and the pastor of St. John
Presbyterian Evangelical Church in Tehran. On 2 July 1994, his son was called
by the authorities to identify the body of his father. Reverend Michaelian was
shot several times in the head. He had not been seen since leaving his home on
29 June 1994.
28. On 5 July 1994, the Islamic Republic News Agency (IRNA) reported that law
enforcement officials had found the body of Reverend Mehdi Dibaj, a former
Muslim and a Christian pastor of the Assemblies of God Church in Iran, in a
forest located in west Tehran, while conducting investigations into the murder
of Reverend Michaelian. Reverend Dibaj, aged 59, had been in prison since 1986.
On 21 December 1993, an Islamic revolutionary court in the city of Sari
sentenced Reverend Dibaj to death on charges of apostasy, because he had
converted from Islam to Christianity in 1949. The Court gave him 20 days to
appeal against the death sentence. However, on 13 January 1994, Reverend Dibaj
was released, although the charges against him were not dropped. He had not
been seen since 24 June 1994.
29. Reverend Haik Hovsepian Mehr, Chairman of the Council of Evangelical
Ministers in Iran and Superintendent of the Church of the Assemblies of God, was
found dead on 20 January 1994 in Karaj. He was abducted six days after Reverend
Dibaj was released. He had refused to sign a document saying that the churches
enjoyed all the rights guaranteed to them in the Constitution of the Islamic
Republic of Iran of 1979 and had been outspoken in his defence of Reverend Dibaj
and against the latter's death sentence. The family of Reverend Hovsepian Mehr
was not informed of his death until 30 January 1994.
30. Concern was also expressed on reports that the fatwa pronounced against the
life of the British author Salman Rushdie was reconfirmed by Iranian officials
in February 1994. In a press release issued on 15 February 1994, the Islamic
Revolutionary Guards Corps stated that the fatwa was an irrevocable Islamic
order that would be carried out.
31. It has been reported that government opponents were either killed or
injured outside the Islamic Republic of Iran in circumstances suggesting that
people acting on behalf of Iranian officials may have been responsible.
32. With regard to the assassination of Mr. Taha Kermani, a leading member of
the outlawed Democratic Party of Iranian Kurdistan (Revolutionary Command) , it
was reported that he had fled northern Iraq after receiving death threats from
Iranian agents. Mr. Kermani, who was recognized as a refugee by the United
Nations High Commissioner for Refugees (UNHCR), was murdered on 4 January 1994
near his home in Corum, Turkey.
33. Ahmad Sadr Lahijani, aged 35, a member of the People's Mojahedin
Organization of Iran, was killed on 29 May 1994 in Ghalebieh, Iraq.
Mr. Osman Amini, a member of the Democratic Party of Iranian Kurdistan
(Revolutionary Command) , was assassinated on 26 June 1994 in a suburb of
Copenhagen, Denmark.
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34. In connection with the assassination of Mr. Kazem Radjavi at Coopet,
Switzerland, on 24 April 1990, it was reported that the Investigating Magistrate
of the Canton of Vaud, Judge Roland Chatelain, has issued 13 international
arrest warrants against Iranian citizens holding service passports and
transmitted rogatory letters via Bern to the Iranian authorities, without
receiving a reply. Two of the 13 people covered by international arrest
warrants, Mohsen Sharif Esfahani, aged 37, and Ahmad Taheri, aged 32, were
detained in Paris on 15 November 1992. On 10 February 1993 the indictment
division of the Court of Appeals in Paris handed down an opinion in favour of
their extradition to Switzerland. On 29 December 1993, however, the two Iranian
nationals were expelled from France and sent to Tehran.
35. It has been reported that the inquiries into the killing of former Prime
Minister Shahpour Bakhtiar and his personal secretary, Katibeh Fallouch, has
been completed and that the file was forwarded to the procurator's office in
Paris. A former chief of Iranian Radio and Television in Paris and an
administrative secretary of the Iranian Embassy in Bern, have been accused of
being accomplices to murder and of criminal association in connection with a
terrorist undertaking. A further two Iranians have been charged and seven
international arrest warrants against Iranian citizens, including an adviser to
the Iranian Minister of Telecommunications, have been issued.
B. Enforced or involuntary disappearances
36. The Special Representative was informed that the Working Group on Enforced
or Involuntary Disappearances of the Commission on Human Rights has transmitted
to the Government of the Islamic Republic of Iran a total of 506 cases of
missing persons. So far only one case has been clarified by information
received from non-governmental sources.
C. Right to freedom from torture or cruel, inhuman or
degrading treatment or punishment
37. Concern was expressed about the cases of torture and ill-treatment of
persons deprived of their liberty. In addition to the cases of
Mr. Feizollah Mekhoubad and of the five members of the Democratic Party of
Iranian Kurdistan (see sect. A above), the specific case described below was
reported to the Special Representative.
38. It was alleged that the torture inflicted upon Mr. Amir Akram Darabi, an
Iranian teacher, while in prison, reduced him from 100 to 68 kilos, and left him
with missing teeth, failing eyes, a broken arm and a fractured jaw.
39. According to a dispatch from Reuters of 10 July 1994, Mr. Helmut Szimkus, a
German engineer who was detained in Evin prison for five and a half years,
stated that he had confessed to spying for a foreign country after prison
officials beat the soles of his feet raw with a copper cable and then threatened
to beat him near the kidneys, shoot him and let him bleed to death slowly.
Szimkus, who was freed on 1 July 1994, said he had been tortured in a separate
part of Evin prison run by agents of the secret service. He told the news
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magazine Focus that he had witnessed several cases where Iranian children were
tortured in the presence of their parents to extract confessions from them.
‘One time the torturers raped a nine-year-old girl in the presence of her
parents. ... They had beaten a 70-year-old man and he had bled terribly”, he
said.
40. The application of measures of punishment of extreme severity, such as
lapidation, amputation and flogging, which are not compatible with the
provisions of article 7 of the International Covenant on Civil and Political
Rights, were also reported. The following cases of cruel, inhuman or degrading
punishment were reported to the Special Representative, in addition to those
mentioned in section A above.
41. On 26 January 1994, the newspaper Kayhan reported that two unnamed persons
were flogged in public in the south of the country, on charges of collaborating
with corrupt people. On 14 March 1994, the newspaper Jomhuri Islami reported
that Mohammad Hossein Honar Bakhshi, aged 37, and Karim Gol-Mohammadi, aged 43,
had four of their right-hand fingers amputated in Qom's Central prison, in the
presence of other prisoners. They were found guilty of stealing. On
27 April 1994, the mayor of a town in Bakhtiary province was sentenced to 30
lashes delivered in public, on charges of having insulted a person.
42. Ms. Mary Jones, an American-Iranian woman and an interpreter, aged 35, was
sentenced to 80 lashes in Shemiran, northern Tehran, on charges of obtaining
wine from a Christian church for drinking and having illegitimate links with a
man. However, she alleged during the trial that she had obtained Iranian
citizenship following her temporary marriage with that man. The sentence was
executed in public in April 1994.
43. On 13 May 1994, three unnamed young men, accused of offending Islamic
decency and infringing on public chastity, were flogged in public in Saveh,
south-west of Tehran. Two were condemned to 60 lashes and the third to 30.
They were allegedly denied legal counsel and the right to defend themselves.
D. Administration of justice
44. It was alleged that the respect for due process of law, particularly before
the Islamic Revolutionary Courts, continues to be flouted. No real possibility
is provided to the accused to have an effective legal counsel, to prepare a
defence or to have the right to be brought promptly before a judge and be tried
in public.
45. It was said that the period of imprisonment of a person found guilty of an
offence begins on the day the sentence is pronounced. The period of pre-trial
detention is not taken into account and deducted from the term of imprisonment
established by the sentence. It was further alleged that the period of
pre-trial detention could be indefinitely extended and that the accused has no
resource to appeal that decision. The public prosecutor has only to state
before the court that he does not have sufficient time to prepare the
indictment. Many detainees have been deprived of the possibility of
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communicating with their families or their friends on the suspicion that this
could result in collusion with witnesses or destruction of evidence.
46. With regard to the judiciary, it was said that many judges have been
recruited without possession of a bachelor's degree in law and without legal
training. It was further said that many judges have been trained in only
Islamic jurisprudence. Many judges have reportedly been transferred or
redesignated without their consent, simply following consultations between the
Head of the Judiciary and the Supreme Court. It was alleged that these
transfers without consent affect the stability in the charges and consequently
the impartiality and independence of the judges.
47. It was further alleged that the present vertical organization of the
Judiciary constrains the independence of magistrates and makes the freedom of
judgement relative. It was alleged that the great concentration of functions in
the Head of the Judiciary and in the Supreme Court and its President undermines
the independence of lower court judges and magistrates.
48. It was reported that many sentences have been delivered only on the basis
of fatwa and authoritative Islamic sources, ancient usage, precedent or
doctrine, without due consideration to positive and codified law.
49. It was further alleged that the lack of an independent bar association has
adverse effects on the administration of justice. The bar association does not
currently enjoy the right to elect its Board independently.
50. With regard to the prison system, serious shortcomings have been reported,
such as the lack of mechanisms oriented to reform offenders, educating and
teaching them work habits; scarcity of trained personnel; overcrowding, and
insufficient funds adequately to cover the minimum expenses of food, medical
care and hygiene for the inmates. Solitary confinement was denounced as a
regular practice for disciplinary purposes, without giving the prisoner a prior
medical examination and without daily supervision by prison authorities. It was
further said that persons awaiting trials are not separated from those who have
been convicted.
51. It has been reported that detentions and arrests were made by the State
Security Police; the police force; the gendarmerie; the Islamic Revolutionary
Guards Corps ( Pasdaran ) ; the revolutionary committees; and the
Political-Ideological Bureau of the Armed Forces. It was said that even the
Islamic societies, the Basijis, and numerous patrols, such as the patrol to
remove street vendors and that to combat improper veiling, are practising
detentions and arrests without any order or warrant from the authorities.
52. A wave of arrests in the holy city of Mashhad, Khorasan Province, was
reported from January to March 1994 in order to fight corruption and maintain
law and order. It was also mentioned that at least 283 persons are still being
held in prison in that city in connection with the incidents and riots that took
place in May 1992.
53. On 18 March 1994, the Commander of the Security Forces of Kerman,
Brigadier Puriyaei, told IRNA that law enforcement agents had arrested 495
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bandits and 1,900 drug traffickers during the past Iranian year, which ended on
20 March 1994. On 6 March 1994, security forces surrounded a demonstration in
Tehran and fired shots in the air. Several demonstrators were arrested. On
15 March 1994, the Iranian new year public festivities turned into a street
fight between youths and the security forces in Tehran.
54. On 29 May 1994, 560 members of the Basijis, irregular paramilitary forces
of volunteers who seek to uphold revolutionary ideals, finished their training
in helping the security forces to combat social corruption. Thousands of
Basijis were reportedly sent to Karaj, Shahriar and other parts of the country
to guide and punish offenders during the ‘Week of enjoyment of good and
prohibition of vice” in June 1994.
55. It was reported that Ayatollah Bagher Mesbah, Mohammad Reza Mamaghani,
Sheikh Safa Khatib, Abdol Qassem Mojtahed Zadeh and Sheikh Hassan Aram were
arrested in March 1994 by the security forces with warrants from the Special
Court for Clerics. It was said that Sheikh Hassan Aram is a senior aid to
Ayatollah Mohammad Ruhani and that Ayatollah Bagher Mesbah supervises the
distribution of funds and monthly stipends to 7,000 students at religious
schools of the Holy City of Qom.
56. It was reported that on 10 April 1994, the Islamic Consultative Assembly
(Majlis) passed a law foreseeing possibilities of increasing the number of
Islamic revolutionary courts during the next five years.
E. Freedom of expression, opinion and the situation
of the press
57. It was reported that, during May 1994, seven publishers went bankrupt
because of censorship and self-censorship, dearth of paper and printing material
and a drastic fall in sales.
58. It was reported that Mr. Said Niazi-Kermani, a poet and publisher, was
detained on 14 March 1994. His place of detention remains undisclosed and he is
reported to have confessed under torture to crimes that carry the death penalty.
In April 1994, demonstrators were reported by the newspaper Hamshahri to have
thronged in front of a government building demanding his execution.
59. It was reported that Mr. Ali Akbar Saidi-Sirjani, aged 70, a well-known
poet, essayist and satirical writer, was arrested on 14 March 1994 after
distributing bound photocopies of his books in response to an editorial in
Kayhan Havai , which accused him of having written against Islam in his books.
It was said that most of his writings are banned in the country as he has been
unable to obtain a permit to have them bound and distributed. According to
reports in the Iranian press, a spokesperson for the Ministry of Information
stated that Mr. Saidi-Sirjani was arrested for, and has allegedly confessed to,
using drugs, making alcoholic beverages, homosexual acts, links with espionage
networks and receiving money from counterrevolutionary circles based in the
West. Some of the above charges carry the death penalty. There have also been
reports that Mr. Saidi-Sirjani is being held incommunicado and that
demonstrators outside government buildings were calling for his execution. He
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is said to have criticized the Government openly, condemning censorship of
dissenting voices in the Islamic Republic of Iran.
60. It was reported that, in a fatwa issued on 18 May 1994, Ayatollah Araki
declared that ‘The installation of satellite dishes to receive foreign
television programmes that pave the way to decadent foreign cultures to
infiltrate the Islamic society are sacrilegious”. It was further reported that,
in a proposal presented on 11 May 1994, most Majlis deputies called for a legal
ban on the satellite television dishes in order to combat the widespread
invasion of Western culture. On 16 June 1994, the daily Abrar reported that
Iranian officials seized 1,995 satellite receiving dishes and video tapes in
Bandar Abbas, which were being transferred to Isfahan and Tehran.
F. Freedom of religion and the situation of the
Baha'i community
61. Concern was expressed concerning the extent of the limitations and
restrictions imposed on the freedom of religion and belief. It was said that
conversion from Islam is punishable with death and that even followers of the
three other recognized religions are facing serious difficulties.
62. As reported above (see sect. A), in January 1994, Reverend
Haik Hovsepian Mehr, Superintendent of the Church of the Assemblies of God in
Iran, was assassinated. In early July 1994 Reverend Mehdi Dibaj and Reverend
Tatavous Michaelian were found dead. Reverend Michaelian replaced Reverend
Hovsepian Mehr as Chairman of the Council of Protestant Ministers of Iran in
January 1994. He was a notable Christian scholar, having translated over 60
books into Farsi.
63. It was reported that Mr. Hassan Shahjamali, an Iranian Christian leader and
legal permanent resident in the United States of America, who was in the Islamic
Republic of Iran visiting his family, was arrested on 1 July 1994 while
travelling from Shiraz to Tehran. Another Christian leader, identified as
Beni Paul, was reported arrested and remains in detention in Ahwaz.
64. It was further reported that there has been an increase in surveillance of
Iranian Christians, particularly Muslim converts. The Iran Bible Society and
the Garden of Evangelism have been closed since February 1990 and July 1989,
respectively. The following Christian churches remain closed: Mashhad Church;
Sari Church; Ahwaz Church; Kerman Church and Kermanshah Church. Gorgan
Christian Church was recently closed. The Orumiyeh Church remains open, but
only one religious ceremony is allowed per week.
65. It was also reported that Muslim teachers in State schools teach children
the tenets of other faiths from Government-approved textbooks that are written
from an Islamic perspective and without regard to the authentic beliefs of other
faiths. While services in Armenian or Syriac languages are permitted, Christian
services held in Farsi have been prohibited. The leaders of Christian churches
in Tehran and Isfahan have been pressured to sign documents stating that they
will no longer allow Muslims to attend church services. Agents of the security
forces have attended Christian church services and taken down the names of those
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who are present. It was alleged that all those attending an Assemblies of God
Church in Tehran who were employed in government departments have since lost
their jobs. It was further said that since 1979 no new construction of
Christian church buildings has been allowed.
66. It has been reported that the Baha'is in the Islamic Republic of Iran have,
for 14 years, been systematically persecuted, harassed and discriminated against
for their religious beliefs. It was alleged that, since 1979, 201 Baha'is had
been killed and 15 others had disappeared and were presumed dead. Neither
Baha'i marriages nor divorces are legally recognized and the right of Baha'is to
inherit is disregarded. With the exception of a few cases, it is almost
impossible for them to obtain passports and exit visas.
67. It was reported that, on 1 April 1992, Mr. Husayn Ishraqi, an elderly
Baha'i, was arrested at his home in Isfahan. He is still in prison. On
8 December 1993 two Baha'i prisoners, Bihnam Mithaqi and Kayvan Khalajabadi,
were condemned to death by the Islamic Revolutionary Court of Tehran, after
being imprisoned without formal charges or trial since April 1989. They have
appealed their death sentences to the Supreme Court and their situation is
reportedly very precarious. On 8 December 1993, Mr. Ramidan'ali Dhulfaqari, who
was imprisoned in Rafsanjan, was condemned to death for apostasy. On
6 January 1994 news was received that he had been released. The charge of
apostasy, however, has not been dealt with.
68. Mr. Bakhshu'lláh MItháqI, who has been in prison since 1985, has recently
been given an additional sentence of 10 years' imprisonment by an Islamic
revolutionary court. This verdict was conveyed to him orally.
69. It has been reported that the following another four Baha'is are being held
in prisons because of their religious beliefs: Mr. Nijatu'llah Bihin-Ain,
arrested in Isfahan in July 1992; Mr. Husayn-Quli Rawshan-Damir, imprisoned on
27 June 1994; Mr. ‘Ali Latifi, arrested in Orumiyeh on 7 September 1993; and
Mr. Rabi'u'llah Isma'ilzadigan, imprisoned in Tehran, date unknown.
70. It was alleged that Baha' i-owned cemeteries, holy places, historical sites,
administrative centres and other assets, seized mostly in 1979, remained
confiscated or had been destroyed. Baha'is throughout the country encounter
difficulties in burying their dead and identifying grave sites. They allegedly
have access only to areas of waste land that the Government has designated for
their use. It was further alleged that Baha'is are not permitted to mark the
graves of their loved ones.
71. It was also alleged that Baha'i property rights were generally disregarded.
It was said that recently the property of Baha'is of Saryan and Ilkhchi had been
confiscated because of their membership in the Baha'i community. During 1993,
three cases of confiscation of Baha'i property have been concluded and the
property has been taken over by the Iranian Government. In Mashhad new economic
pressure is allegedly being exerted on the Baha'is. They are prevented from
continuing their private businesses, and the private sector in Mashhad is being
threatened and forced to dismiss Baha'i employees.
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G. The situation of women
72. Concern has been expressed with regard to the persistence and extent of
discrimination against women, in particular to the need for women to obtain
their husband's permission to leave home, travel abroad and work; their
exclusion from the magistracy, engineering, mining, metallurgy and agriculture;
discriminatory treatment in respect of the payment of compensation to the
families of murdered victims, depending on the victim's gender and in respect of
the inheritance rights of women; prohibition against the practice of sports in
public; segregation from men in public transportation, and the punishment and
harassment of women who do not conform with the Islamic dress code.
73. It was reported that in January 1994 several girls' elementary and
secondary schools started imposing black chadors on their pupils as a uniform.
Until now, women were forced to wear a loose robe on their body and a large
scarf of sober colour on their hair. It was also reported that wearing a black
veil covering the whole face with the exception of the eyes was declared
obligatory in Khuzestan province. It was alleged that, across the country,
Islamic dress requirements are being enforced against women in an arbitrary and
often rude manner.
74. It was alleged that women and girls aged nine and above are allowed to see
only female doctors and dentists and are to be taught by female teachers and
professors. It was said that, since there are few female doctors, dentists,
teachers and professors, many girls and women are denied proper health care and
equal education and career opportunities. It was further alleged that boys and
girls are currently segregated as early as age six. It was reported that the
employment rate for women has decreased from 25 per cent to less than 8 per cent
in the last 15 years.
75. In a statement published on 11 June 1994 in the newspaper Jomhouri-Islami ,
police authorities warned young girls and women to cover themselves completely
before ‘looking out of the window”. They also warned women against “out-of-
place smiles to strangers” and unsuitable behaviour that provokes evil
concupiscence.
76. It was reported that Professor Homa Darabi, born in 1940 in Tehran, was
dismissed from her academic position at an institution affiliated with the
University of Tehran for her failure to wear correct Islamic dress. According
to the information received, she committed suicide on 22 February 1994, burning
herself alive on the street reportedly to protest the treatment being accorded
to women academics.
77. The assassination of Ms. Zohreh Izadi, a student of medicine at Tehran's
Beheshti University and an activist in recent student demonstrations, was
reported to have occurred on 5 May 1994. Her body bore scars of strangulation
and a broken arm. The investigations carried out reportedly concluded that she
had committed suicide. On 9 May 1994, some 1,000 women students staged a sit-in
to protest the murder and demanded protection. The protesters called for an
official explanation of the murder through a new and proper police and judicial
investigation.
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H. Political rights
78. It has been reported that in early May 1994, a gathering of militants of
the Freedom Movement of Iran, an opposition group headed by the former
Prime Minister Mr. Mehdi Bazargan, was violently broken up by a pro-governmental
mob.
I. Persons in prison
79. The Special Representative requests information from the Government
regarding the situation of the following 78 prisoners:
- Mr. Mohammad-Reza Afshari-Rad, 28 years old, single, held in Zanjan
prison on political charges. He was arrested on 30 September 1991.
- Mr. Morteza Afshari-Rad, married with two children, held in Zanjan
prison.
- Mr. Khalil Akhlaghi, a member of the Ministry of Defence, sentenced to
15 years imprisonment on charges of espionage by Military Court No. 1
of Tehran. His term of imprisonment was amnestied by two thirds on
the occasion of the national day.
- Mr. Mohammad Ali Amoui, aged 69, married, with a daughter, held in
Evin prison on political charges. He was a prominent member of the
banned Tudeh Party and was given the death sentence. According to
reports, he is under psychological pressure to force him to repent and
give a televised interview renouncing his political activities. It
was alleged that he received a grossly unfair trial which was held
in camera in Evin prison and that he was given no access to legal
counsel at any stage during the trial proceedings or his imprisonment.
- Ms. Farzaneh Amouyi, aged 33, in detention since 1981. She is
reported to have had a mental breakdown in 1986, apparently as a
result of long-term torture, including sexual abuse, and to be
suffering from severe mental illness. She was allegedly beaten as a
punishment for behaviour due to her illness, such as refusing to eat,
wash or look after herself. She is held in Evin prison on charges of
having been affiliated with a banned left-wing party.
- Mr. Nasser Arabha, editor in chief of the magazine Farad , arrested in
Tehran in April 1992 and held incommunicado in Evin prison.
- Mr. Gerhard Backmann, aged 56, a German businessman, reportedly held
for illegal contacts with army personnel, helping to disclose military
information and charges of bribery.
Mr. Abdollah Bagheri, accused of being a high-ranking official of the
Komala movement. He was arrested on the border between the Islamic
Republic of Iran and Iraq outside Marivan at the beginning of
November 1992. In April 1993, reports were received that
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Abdollah Bagheri's videotaped confessions were broadcast on television
in the Islamic Republic of Iran at the beginning of 1993. His present
whereabouts remain unknown.
- Mr. Mohammad Hassan Bassidji, reportedly arrested in August 1988. His
place of detention and current situation are unknown.
- Mr. Ahmad Bastan, reportedly arrested on political charges and held in
Evin prison in Tehran.
- Mr. Baghir Borzui, said to be held in Evin prison in Tehran on
political charges.
- Mr. Hossein Dashtgerd, aged 60, married with five children, held in
Evin prison in Tehran on political charges. He was arrested on
29 September 1991.
- Mr. Nahid Dorudiahi, reportedly held in Evin prison. He was sentenced
to 12 years' imprisonment on political charges.
- Mr. Djavad Ebrahimi, sentenced to 13 years' imprisonment on political
charges, held in Ghazal Hasar prison. He is reportedly suffering from
skin and eye infections and kidney disease.
- Mr. Abbas Amir Entezam, son of Ya'qoub, former Vice-Prime Minister of
the first provisional Government of the Islamic Republic of Iran, who
was visited by the Special Representative in December 1991, held in
section 4, unit 325, of Evin prison in Tehran, convicted on charges of
espionage and sentenced to life imprisonment.
- Ms. Fatemeh Eshraghi, being held in Evin prison in Tehran on charges
of having been affiliated with a banned left-wing party.
- Mr. Hussain Eshraghi, aged 73, arrested on 1 April 1992 because of his
Baha'i faith. He reportedly suffers from high blood pressure, an
enlarged prostate gland and heart problems. He was sentenced to eight
years' imprisonment.
- Ms. Zoya Fardbar, held in Evin prison in Tehran on charges of having
been affiliated with a banned left-wing party.
- Ms. Zahra Felahati, reportedly sentenced to 38 years' imprisonment.
Her current situation and place of detention are unknown.
- Mr. Abbas Feyzi, born in Marivan in 1971, member of Komala . He was
arrested on 21 October 1993 in Arenan, close to Sanandaj, by members
of the Iranian armed forces. He is reportedly being held
incommunicado in the Information Section of Sepahe Pasdaran in
Sanandaj
- Mr. Mustafa Ghaderi, aged 29, transferred from Tabriz to Orumiyeh
prison in May 1994. Since the death sentence was upheld by an Islamic
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revolutionary court in 1993, fears continue that his execution may be
imminent. He is believed to be held in solitary confinement and has
no access to visitors.
Ms. Zeinab Ghanavati, held in Evin prison in Tehran on charges of
having been affiliated with a banned left-wing party.
Ms. Narges Ghanbari, aged 34, schoolteacher, said to be held in
Masjed Soleiman prison. She was reportedly arrested in 1981 and
sentenced to life imprisonment for her part in political
demonstrations.
Mr. Mehdi Ghasemian, held in Evin prison in Tehran. He was sentenced
in 1991 to seven years imprisonment reportedly on charges of
propagating the Vahabi religion.
Mr. Kyanoosh Hakeamy, former captain in the Iranian navy, allegedly
convicted on charges of espionage for a foreign country. His current
situation and place of detention are unknown.
Mr. Kourosh Jalili, held in Evin prison in Tehran on political
charges. He was arrested in 1990.
Mr. Farhad Javian, aged 25, married, held in Evin prison in Tehran on
political charges. He was arrested on 30 September 1991.
Mr. Amir Houshang Kamrani, a teacher from the town of Jiroft, Kerman
province, arrested in February 1984 and sentenced to 30 years'
imprisonment. It was reported that since 1988 he has had no right to
receive visits. He is being held in the Guards' prison of Kerman.
Ms. Mehrnaz Kamrouz-e-Khodayar, held in Evin prison in Tehran on
charges of having been affiliated with a banned left-wing party.
Mr. Khalid Ali Karimi, arrested on political charges. His current
situation and place of detention are unknown.
Mr. Manouchehr Karimzadeh, an Iranian cartoonist, held incommunicado
in Evin prison in Tehran. He was tried by an Islamic revolutionary
court and sentenced to one year in jail and a fine of 500,000 rials
for drawing a cartoon depicting a football player who allegedly
resembled the defunct Imam Khomeini. At the conclusion of his prison
term a second court found the verdict too light and increased it to
10 years in October 1993.
Mr. Monir Khoroshani-Baradaran, reportedly arrested on political
charges and held in Evin prison in Tehran.
Mr. Ahmad Khosrovi, reportedly arrested on political charges. His
current situation and place of detention are unknown.
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Ms. Mohammadi Malakeh, aged 71, married to Mohammad Pourhomozan,
editor-journalist with the publishers Mardom and Donya. She was
arrested in April 1983 and sentenced to 20 years' imprisonment on
charges of having conspired against the Islamic Republic. It was
reported that during her trial she was not allowed to be represented
by a lawyer.
Mr. Moussa Maleki, born in 1972 in Sanandaj, worker and member of the
illegal Kurdish political organization Komala , arrested on
21 October 1993 in Arenan, close to Sanandaj, by members of the
Iranian armed forces. He is reportedly being held incommunicado in
the Information Section of Sepahe Pasdaran in Sanandaj
Mr. Zahed Manouchehri, a member of the tailors' syndicate, arrested in
1990 for having taken part in a May Day rally in Sanandaj in 1989. He
is reportedly being held at Sanandaj prison.
Mr. Jalal Mohammad-Rezaie, born in 1973 in Sanandaj, student and
member of Komala . He was arrested on 21 October 1993 in Arenan, close
to Sanandaj, by members of the Iranian armed forces. He is reportedly
being held in the Information Section of Sepahe Pasdaran in Sanandaj
Mr. Samir Yasin Moslemyan, member of the Arab community of Ahwaz,
believed to be held in Ahwaz prison. He has reportedly been detained
since his arrest in December 1987. No information about his trial and
conviction are available to the Special Representative.
Mr. Mahmoud Mottahedine, said to have been held for up to 13 years in
Evin prison in Tehran for his part in the so-called Forgan
organization.
Mr. Mansour Moussavi, former employee of the Iranian Ministry of
Roads, held in Zanjan prison on political charges. He was arrested on
9 October 1991.
Mr. Davoud Mozafar, reportedly arrested on political charges and held
in Evin prison in Tehran.
Mr. Hossain Naftian, arrested in 1987 and sentenced to five years'
imprisonment on political charges. He is reportedly in Evin prison in
Tehran.
Mr. Norouz Naghizadeh, reportedly arrested on political charges and
held in Evin prison in Tehran.
Mr. Freidon Najafi, aged 32, reportedly being held in Gohardasht
prison on political charges.
Mr. Homanon Najafi, aged 35, arrested in 1989 and reportedly being
held in Gohardasht prison on political charges.
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- Ms. Ghadamkheyr Nasiri, imprisoned on political grounds since her
arrest in 1985. She was tried in camera in Evin prison in 1986 and
was sentenced to 15 years' imprisonment. The reason for her arrest
appears to be her alleged support of Razmandegan, a small left-wing
group that split away from Peykar shortly after the Islamic Revolution
in 1979. However, the details of the charges against her are unknown.
She is believed to be held in Evin prison in Tehran.
- Mr. Djalil Nazemi, born in 1964, arrested on 17 January 1984 on
political charges. His place of detention and current situation are
unknown.
- Mr. Ebrahim Nebahat, said to be held in Tabriz prison on political
charges.
- Ms. Nasrin Nodinian, held in Evin prison in Tehran on charges of
having been affiliated with a banned left-wing party.
- Mr. Hussein Noparvar, held in Evin prison in Tehran. He was sentenced
on political charges and his release was scheduled for July 1991.
However, he continues to be held in prison, reportedly because a
condition for his release is that he publicly denounce his past
political activities.
- Mr. Reza Pajonhesh, former technician at Joshmanodelleh hospital in
Tehran, held in Zanjan prison. He was arrested on 9 October 1991.
- Mr. Aref Paki, born in Rezaieh, aged 52, held in Evin prison in Tehran
on political charges. He was arrested in November 1989.
- Mr. Rouhollah Partieli, aged 58, married with five children, held in
Evin prison in Tehran on political charges. He was arrested on
30 September 1991.
- Mr. Hussein Parvazeh, a native of Ney, Farivan, said to be held in
Evin prison in Tehran on political charges.
- Mr. Mojahed Khiroulah Rahimy, born in 1964 in Ardebil, arrested in
1982 on political charges and sentenced to 15 years' imprisonment. He
is reportedly being held in Evin prison in Tehran.
- Mr. Mohammad Aminal Reaya, reportedly arrested on political charges
and held in Evin prison in Tehran.
- Mr. Salim Saberniah, aged 31, transferred from Tabriz prison to
Orumiyeh prison in May 1994. Since the death sentence was upheld by
an Islamic revolutionary court in 1993, fears were expressed that his
execution could be imminent. He is being held in solitary confinement
and has no access to visitors.
- Mr. Ali Reza Sadeghi, aged 29, arrested in 1988 on political charges
and reportedly being held in Ardebil prison.
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Mr. Arasto Shabani, a Kurdish worker, reportedly held in solitary
confinement for over a year after his arrest in April 1990. He is
reportedly at Sanandaj prison.
Mr. Hassan Shahjamali, a Christian church leader, reportedly being
held in Ahwaz prison.
Mr. Abdel Saudi, said to be held in the prison of the city of
Orumiyeh on political charges. He was arrested in 1981.
Mr. Mostafa Salehyar, born in December 1967, arrested in 1987 and
sentenced to six years' imprisonment on political charges. He is
being held in Evin prison in Tehran.
Ms. Shahin Samii, held in Evin prison in Tehran on charges of having
been affiliated with a banned left-wing party. She was arrested in
1981 and sentenced to 15 years' imprisonment.
Mr. Mohammad Sekhavatmand, aged 42, born in Tabriz, held in Evin
prison in Tehran on political charges. He was arrested in
October 1989.
Ms. Maryambanou Sepheri-Rahnema was arrested in 1983, tried and
sentenced to life imprisonment. She is reportedly being held in Evin
prison in Tehran on charges of having been affiliated with a banned
left-wing party.
Mr. Tofygh Setayeshi, born in Tabriz in 1957 and a former student at
Sharif Industrial University in Tehran, reportedly arrested in 1982 on
political charges and held in Evin prison in Tehran.
Mr. Mansour Shaheri, aged 34, held in Evin prison in Tehran on
political charges. He was arrested in 1988 and is reportedly very
sick.
Mr. Hossein Shetabi, a former captain, reportedly arrested in 1988 and
said to be held in Evin prison in Tehran on political charges.
Mr. Mehdi Khosh Slook, former director of the Nawafram company,
arrested on political charges. His current situation and place of
detention are unknown.
Mr. Ali Soleimani, born in 1968 in Kermanshah, farmer and militant of
Komala . He was arrested on 21 October 1993 in Arenan, close to
Sanandaj, by members of the Iranian armed forces. He is reportedly
being held in the Information Section of Sepahe Pasdaran in Sanandaj
Mr. Mansour Taheri, aged 39, reportedly arrested in 1986 on political
charges and held in Khorin prison, near Tehran.
Ms. Ashraf Taman, held in Evin prison in Tehran on charges of having
been affiliated with a banned left-wing party.
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Colonel Nasrollah Tavakoli, arrested on 10 October 1993 and held in
Evin prison in Tehran on political charges.
Mr. Ghobad Veysi, born in 1968 in Sanandaj, a car mechanic and
militant of Komala , arrested on 21 October 1993 in Arenan, close to
Sanandaj, by the Iranian armed forces. He is reportedly being held in
the Information Section of Sepahe Pasdaran in Sanandaj
Mr. Haidar Youssef, said to be held in Evin prison in Tehran on
political charges.
Mr. Abbas Zaboli, said to be held in Evin prison in Tehran on
political charges.
Mr. Omar Ahmad Zadeh, held in Evin prison in Tehran on political
charges. He was arrested in 1990.
Mr. Farideh Mahmood Mohammad Zamani, held in Evin prison in Tehran on
political charges.
J. Acts of terrorism
80. It was reported that, on 20 June 1994, a 5-kilogram bomb exploded inside
one of the prayer halls of the Mausoleum of the Eighth Imam of the Prophet's
Household, Imam Reza, in Mashhad, killing at least 26 persons and severely
wounding 170 pilgrims. The blast occurred when thousands of pilgrims, coming
from all over the country, were mourning the anniversary of the martyrdom of
Imam Hussein. The Special Representative requests information from the
Government regarding the police and judicial investigations into this crime,
committed in a sacred place and on a holy day against innocent people.
IV. CONSIDERATIONS
A. Auspicious successes for human rights
in the international arena
81. There were at least three developments in 1994 which augur well for a
better coordination of activities and a better use of the human and material
resources available to the United Nations for promoting the effective exercise
of human rights and fundamental freedoms throughout the world. These were the
establishment of the post of High Commissioner for Human Rights, the first
general meeting of rapporteurs, special representatives and experts working
specifically on the protection and promotion of human rights, and the creation
of a non-governmental organization (NGO) with the specific task of cooperating,
with the Commission on Human Rights with a watchful eye, of course.
82. In its resolution 48/141 of 20 December 1993, the General Assembly
effectively created the office of High Commissioner for Human Rights, and
H.E. José Ayala Lasso of Ecuador, a diplomat of broad experience in
international affairs, was designated to serve in that capacity. This positive
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step in the process of development and consolidation of the United Nations human
rights system heartens those who are committed to that goal in the service of
the international community. The Special Representative reiterates the positive
view he expressed to Radio Netherlands during the Vienna World Conference on
Human Rights regarding the development and consolidation of the international
system of human rights and welcomes the appointment of Mr. Ayala Lasso with
particular satisfaction.
83. In accordance with paragraph 95 of the second part of the Vienna
Declaration and Programme of Action 2/, a meeting of rapporteurs,
representatives, experts and chairmen of working groups on special procedures
and the advisory services programme of the Commission on Human Rights was held
in the United Nations Office at Geneva from 30 May to 1 June 1994. The purpose
of the meeting, and also its justification, was the conviction, shared by all
the experts charged with implementing the extra-conventional mechanisms
established by the Commission on Human Rights, that their mandates were
basically similar without prejudice to their specificity, and that, therefore,
the harmonization and coordination of their respective activities will enhance
the efficiency of each individually and of their activities as a whole.
84. By consensus, the meeting participants recommended: avoiding the
duplication of effort by exchanging information and carrying out joint missions;
convening periodic meetings of all those responsible for the implementation of
extra-conventional mechanisms; preparing a manual or a collection of general
outlines for the use of new rapporteurs and experts; suggesting to the
Commission on Human Rights that consultative meetings be convened in which the
rapporteurs, special representatives and experts could answer questions from
Commission members and observers, thereby contributing to the preparation of
resolutions; supporting the postponement by two or three months of the
Commission's annual meeting period; and emphasizing the importance of field
missions, field monitors and permanent observers in the most sensitive spots in
relation to the observance of international human rights standards.
85. The objective of United Nations Watch, the new NGO, is to evaluate United
Nations human rights activities in terms of the norms established by the United
Nations Charter. Among other items, it will examine the shortfall of human and
material resources allocated to activities which are increasing in number year
after year and even day after day, and which are generally known as special
procedures. The activities of NGO5 are a pillar of the United Nations human
rights system, and their contribution is an asset in terms of its quality and
timeliness.
B. The 1994 mandate
86. In renewing the mandate of the Special Representative for another year on
the basis of its resolution 1994/73 of 9 March 1994, the Commission on Human
Rights requested that its Special Representative present an interim report to
the General Assembly during its forty-ninth session, to be followed by a
definitive report to the Commission itself at its fifty-first session. In
compliance with his mandate, the Special Representative, with the assistance of
the Centre for Human Rights, has compiled and classified the new information he
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received. It comprises accusations and allegations relating to the same
categories as those described in earlier reports. After having been processed,
all the data gathered was transmitted to the Government. The data are of
various types: in some cases the veracity of the allegations could not be
substantiated, while in others the information, given its source, can be
regarded as serious and reliable and can therefore be evaluated. As in previous
years, one of the most reliable sources has been the reports printed in the
Iranian press. Based on new information, and taking into account previous
information, the Special Representative is formulating his own views concerning
the prevailing situation and, as is his duty, is submitting them to the General
Assembly and eventually to the Commission on Human Rights.
87. As in previous years, the interim report remains incomplete, due to the
very short interval between the adoption of the Commission's resolution by the
Economic and Social Council, when work on the report began in earnest, and the
preparation of the present document. Moreover, the timetable of activities
leading to the elaboration of the two reports is extremely tight and the
pressure created is reflected, not always in the most constructive manner, in
all aspects of the work.
C. Cooperation of the Government of
the Islamic Republic of Iran
88. Over the past two years, Iranian cooperation with the mandate of the
Special Representative has diminished, although it is still at a level allowing
me to maintain a working relationship for dealing with its most important and
urgent aspects. Contacts with authorized Iranian representatives, indicate that
there are two sticking points that have led the Government to conclude that it
has not obtained the concessions it expected in return for its full cooperation,
the most important element of which concerns visits to Iran. One of these
points is the repeated criticism they find in the reports of the Special
Representative; the other is the absence in recent years of negotiated,
consensus-supported resolutions on the part of the competent bodies of the
United Nations. On the positive side, it should be emphasized that
consideration is once again being given to the possibility of organizing an
activity proposed several years ago by the Special Representative: the
systematic study of Islamic law in relation to international human rights
instruments. The preliminary, organizational questions have already been
discussed, and consideration is being given to working out a programme and
selecting basic texts.
89. The Iranian Government has recently, in official statements, recognized the
universality of human rights. In his statement of 15 August 1994 to the
Subcommission on Prevention of Discrimination and Protection of Minorities, the
representative of the Iranian Government declared: [ Human rights] are thus
universal, independent of conditions, transcend all boundaries, be they temporal
or geographical, and do not lend themselves to distinctions of race, sex or
other superficial attributes and barriers. Nor do they sacrifice the value of
the individual for the well-being of the community, or the health of human
society for the licence of the individual, and these rights emanate from the
totality of the human person. They cannot be the domain of a few powerful
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States and cultures, with dubious records of human rights observance in the past
or even in the present'.
D. Right to life
90. Although reporting of executions by the Iranian press has been severely
restricted, information has been obtained regarding 39 executions between
1 January and 14 July 1994. This figure is lower than in previous years, but it
cannot be interpreted to mean that the number of executions has been drastically
reduced in view of the policy of silence on the subject described in previous
reports. In order to confirm that there has been a real reduction, it would be
necessary to have open, local access to information. Until such time as the
press resumes the practice of publishing information on all executions, it will
be impossible to make a proper evaluation of the data collected, or to verify
that the number has actually decreased. A number of significant cases are
described below.
91. On 31 January 1994, a woman was stoned to death at Evin prison in Tehran.
In March, another woman, accused of adultery and of collaborating with a
prostitution network, was stoned to death in Qom. The latest case of stoning
published in the press was in January 1990. A 15-year-old girl was sentenced to
death in January in Qazvin. On 16 May 1994, according to a report by Agence
France-Presse, a 17-year-old youth was publicly hanged in Mashhad, having been
convicted of sexually assaulting an under-age girl. In this context, it should
be noted that according to the International Covenant on Civil and Political
Rights (article 6, (5)), the death penalty cannot be applied to minors under
18 years of age.
92. Many people throughout the world have reacted with shock to the murders of
three Protestant clergymen in recent months. Further details on these cases can
be found in Sections II and III.A of this report. The Government should be
asked to conduct a thorough investigation of these murders and to prosecute the
perpetrators; the latter should of course benefit from the due process of law
guaranteed in the relevant international instruments. The victims were the
Reverend Tatavous Michaelian, Interim President of the Council of Protestant
Ministers of Iran; the Reverend Mehdi Dibaj, pastor of the Church of the
Assemblies of God; and the Reverend Haik Hovsepian Mehr, President of the
Council of Evangelical Ministers of Iran and Superintendent of the Church of the
Assemblies of God. The latter had refused to sign a document declaring that the
Churches enjoyed all the rights guaranteed by the country's Constitution, and
that the allegations contained in the reports of the Special Representative on
the subject were false. The leaders of the evangelical congregations are known
to have been summoned to a meeting with important Government representatives, at
which they were threatened and even warned that the next Christmas might be
their last.
93. In a number of countries, trials are in progress to prosecute the murders
of Iranians in exile. According to statements by judicial and administrative
authorities in the countries where these incidents occurred, Iranian secret
agents were found to have been involved. In the case of Professor
Kazem Radjavi, the judicial proceedings, begun on 24 April 1990, are being kept
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open by the Swiss judge, Mr. Roland Châtelain. The judge is in possession of 13
names, which may or may not be authentic, of persons suspected of having
participated directly or indirectly in Radjavi's murder. Judge Châtelain has
sent the Islamic Republic of Iran, via Bern, a letter of request followed by
several reminders, but he has received no reply. Despite international arrest
warrants against them, the 13 persons are still at liberty, and the Judge was
unable to obtain the extradition of two accused persons who were in detention in
France. Given the lack of progress in the legal proceedings, his statement to
the press of February 1992 still applies today. At that time, he declared that
he could not commit the 13 accused for trial to be judged in their absence. The
reasons that he gave at the time are still valid: “In order to do so, it would
be necessary to know who did what and have proof of their true identities. I
have names, but are they true or false? The case will remain open. Times can
change.' ( Le Courrier , 23 February 1992).
94. The investigation of the assassination of Mr. Shahpour Bakhtiar and his
secretary, Mr. Katibeh Fallouch, has been concluded and the case file has been
sent to the Paris attorney-general. Four Iranian citizens including the former
head of Iranian radio and television in Paris and an administrative secretary of
the Embassy of the Islamic Republic of Iran in Bern have been charged. The
latter two have been charged with complicity in the murders and with criminal
association in the commission of a terrorist act. International arrest warrants
have been issued for 7 Iranian citizens including a former adviser to the
Minister of Telecommunications.
95. With respect to the assassination of three Kurdish leaders and their
translator which occurred in September 1992 in Berlin, Mr. Bernd Schmidbauer,
Minister of State in the German Federal Chancellery, told the court
investigating the case on 17 March 1994 that the Government of the Islamic
Republic of Iran had tried to prevent the prosecution of those accused of the
assassination. The trial of four Lebanese and an Iranian is proceeding.
Iranian secret agents have been charged by the German State prosecutor handling
the case.
96. It is apparent from the foregoing, that the judicial inquiry into the
murder of Mr. Radjavi has been blocked by the failure of the Islamic Republic of
Iran to cooperate. The case of the Kurdish leaders and that of the former Prime
Minister, Shahpour Bakhtiar, are proceeding normally. Mr. Taha Kermani, an
Iranian Kurd who had been granted refugee status by the Office of the United
Nations High Commissioner for Refugees (UNHCR) , was also assassinated at Corum,
Turkey, on 4 January 1994. He had reportedly received death threats from
Iranian agents. No further information has been obtained regarding this case.
97. It has been reported that on 22 February 1994, as a protest against unjust
treatment, Professor Homa Darabi, paediatrician and paediatric psychoanalyst,
burned herself to death screaming “Long live freedom”. This occurred at
Chemira Ne Square in the northern sector of Tehran. Dr. Homa Darabi had been
dismissed from an academic position in an institution affiliated with the
University of Tehran reportedly for failing to adhere strictly to the dress
code.
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98. It has also been reported that the Working Group on Enforced or Involuntary
Disappearances of the Commission on Human Rights has transmitted to the Iranian
Government a list of 506 persons who have been missing for a number of years.
So far, only one case has been clarified thanks to assistance from
non-governmental sources.
E. Attack in Mashhad
99. On 20 June this year, a very serious attack was perpetrated in Mashhad when
a bomb packed with 5 kilograms of explosives was set off in the prayer halls of
the tomb of Imam Reza, one of the holiest sanctuaries and pilgrimage sites,
leaving 26 people dead and 170 wounded. The attack occurred when thousands of
pilgrims from all parts of the country had gathered to commemorate the martyrdom
of Imam Hussein. The authorities affirm that they arrested at least two
suspects. One of them died in hospital from the wounds he suffered when he was
captured. This utterly senseless attack was unanimously condemned both inside
and outside the country.
F. Torture and cruel treatment of persons arrested or
sentenced for offences
100. The statements made by Mr. Helmut Szimkus, a German citizen, about the five
and a half years he spent in Evin prison have recently come to our notice. The
European press published and commented on the statements he made upon his
release. This engineer was arrested at Tehran Airport on 13 January 1989 for
spying for Iraq. He claims that he was tortured without a stop from the moment
he was arrested. He says that he was blindfolded and that he was repeatedly
slapped in the face by his interrogator. He was subjected to such abuse on a
daily basis for four weeks. He was transferred to section 209 of Evin,
reportedly run by the secret service. There, he saw bloodstains on the floor.
He was tied to a wooden pole and was beaten repeatedly on the soles of the feet
with a copper cable. ‘They pounded me like crazy”. He ended up signing a
confession. He says that he heard men and women being tortured screaming for
hours on end.
101. The body of Mr. Feizollah Mekhoubad, an Iranian of the Jewish faith,
executed on 26 February 1994, bore signs of severe torture, including a
disfigured face, bruises probably caused by blows, broken teeth and contusions
on various parts of the body.
102. Other cases have been reported in the Iranian press. For example,
Jomhuri Islami , reported on 14 March 1994 that in the central prison of Qom,
four fingers on the right hands of Mohammad Hossein Honar Bakhshi and
Karim Gol-Mohammadi were chopped off in plain view of the other prisoners. On
26 January 1994 Kayhan reported that two people had been flogged in public in
the south of the country. Three youths accused of indecent exposure were
publicly flogged in Saveh, south-west of Tehran, no further details being given.
According to a France Presse dispatch from Tehran, the Iranian press published
this information. Two of the youths were given 60 lashes and the third, 30.
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G. Administration of justice and freedom of expression
103. Bearing in mind the already familiar problems, it should be noted that
there has been no known reform of Iranian criminal law designed to bring it into
line with international standards, nor do efficient measures appear to have been
taken to guarantee due process of law. Issues such as public trials, the right
to competent counsel, the right of the accused to call witnesses and trial
procedures have been extensively dealt with in previous reports; however, we are
not aware of any new steps or at least of any change in attitude regarding these
issues. Therefore, it can be stated that no change has been observed in the
circumstances under review.
104. Various sources estimate that there are some 89,500 inmates in Iranian
prisons, including 4,000 women and 3,776 Afghans as well as a number of
prisoners from other countries. Fifty-three per cent of the prisoners are said
to be drug traffickers and drug addicts.
105. The Special Representative has requested specific information from the
Government of the Islamic Republic of Iran on the charges against 78 persons who
are known to be detained in various Iranian prisons and the circumstances of
their detention and prosecution. Two of these persons, Mohammadi Malakeh and
Manouchehr Karimzadeh, among others, are considered by non-governmental
organizations to be prisoners of conscience. The last-named was an artist and
cartoonist of the magazine Farad . He was tried on 16 September 1992 and
sentenced to one year in prison and a fine of 500,000 rials. After he had
served his time, in October 1993, the sentence was reviewed and he was re-tried
and sentenced to 10 years in prison. In the absence of details about the case,
it is difficult to determine whether the circumstances of the arrest and
sentencing of these two prisoners justified classifying them as prisoners of
conscience. The information obtained suggests that it is a case of the
application of rules which prohibit the free expression of opinion, that the
reason for the arrest and conviction was that the defendants held certain
opinions, and opinions are part of the conscience of each individual. Broadly
speaking, these are cases of the infringement of the right to freedom of thought
and at the same time an invasion of the individual's private conscience. It is
also noteworthy that, after serving his initial sentence, Mr. Karimzadeh was
tried a second time on the same charges, and that Mrs. Malakeh was sentenced to
20 years in prison without having had the benefit of qualified defense counsel
during the trial.
106. Mr. Said Niazi-Kermani, a poet and journalist, was arrested on
14 March 1994. The poet, essayist and satirist, Ali Akbar Saidi-Sirjani was
arrested that same day for distributing bound photocopies of his books,
following an editorial in the Kayhan Havai in which he was accused of having
written against Islam in his books. Kayhan , one of the largest dailies in the
country, speculated that the arrest of Mr. Saidi-Sirjani might have been drug-
related. Kayhan subsequently published a letter allegedly written by
Mr. Saidi-Sirjani in which the latter confessed to being guilty of 40 years of
corrupt behaviour, including relations with undesirable persons, manufacture of
alcoholic beverages, frequent use of narcotic drugs, and accepting money from
the Lillian Hellman and Dashiell Hammett Foundation of New York. Persons who
know the writer assert that the allegation that he wrote the letter, which was
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published on 2 June 1994, was not credible or, if he had written it, he had done
so under enormous pressure. Some of his colleagues have maintained that the
handwriting which the newspaper reproduced does not match that of the author and
that the style of the letter is also different. Moreover, the administrators of
the Hellman-Hammett Prize have indicated that Mr. Saidi-Sirjani refused to
accept the money that went with the prize which he was awarded. In the
meantime, there have been demonstrations in the streets near the prison calling
for the writer to be sentenced to death.
107. According to information provided by the American Center of PEN,
Mr. Ali Akbar Saidi-Sirjani and Mr. Said Niazi-Kermani received no legal
assistance for their defence against the charges. The Centre has collected
evidence showing that the attorney, Mr. Hamide Mossadeq, was not allowed to meet
with his client, Mr. Said-Sirjani. The two prisoners have been denied access to
defence counsel as well as visits from family members and have been held
incommunicado since their arrest on 14 March 1994. It is claimed that the
arrest warrants did not mention their names and that as of this date they have
not been informed of the charges against them. Publication of the letter
alleged to have been written by Mr. Saidi-Sirjani could, moreover, violate the
principles of the presumption of innocence and the impartiality of any future
trial.
108. The Special Representative has received a sketchy report about the arrest
of Mr. Nasser Anwari and his wife whose movements have been restricted to the
city of Yazd following accusations that they attempted to provide information to
the Special Representative during one of his visits to the Islamic Republic of
Iran. In this connection, it is useful to recall Commission on Human Rights
resolution 1994/70 of 9 March 1994 in which the Commission urges Governments to
refrain from all acts of intimidation or reprisal against, inter alia , those who
seek to cooperate or have cooperated with representatives of United Nations
human rights bodies, or who have provided testimony or information to them.
109. The criminal investigation system and the regime of punishment for
offenders will again be put to the test with the cases of the assassinations of
the Protestant ministers. A request should be made for what will hopefully be
an efficient and prompt investigation to identify the guilty parties, who should
be tried with full respect for the guarantees of due process of law, and the
appropriate penalties should be duly imposed.
H. Freedom of religion
110. The Bible Society of Iran and the Garden of Evangelism society remain
closed. The closure of the Christian church at Gorgan has also been reported.
The Christian churches at Mashhad, Sari, Ahwaz, Kerman and Kermanshah have been
closed. The church at Orumiyeh is open but only one religious service is
permitted each week. Christian religious services are permitted in the Armenian
and Syrian languages but not in Farsi. Christian church leaders have signed
written promises not to permit Muslim believers to attend their religious
services. An inter-faith Christian association, “Portes Ouvertes”, reported
that Hassan Shahjamali, an Iranian Christian living in the United States,
disappeared mysteriously in Iran while on his way to the Tehran airport from
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Shiraz on 1 July of this year. The Special Representative was later informed
that Mr. Shahjamali was detained at Shiraz and subsequently released on
20 July 1994. Another Protestant minister, Nathaniel Beni Paul, remains in
detention at Ahwaz. Reports have also been received of alleged acts of
aggression, persecution and threats against other Protestant ministers and
Christian converts at Kermanshah.
I. The situation of the Baha'is
111. Section lll.E. of this report deals with imprisoned persons of the Baha'i
faith. It also reports that on 8 December 1993, two Baha'is, Mr. Bihnam Mithaqi
and Mr. Kayvan Khalajabadi were sentenced to death by an Islamic revolutionary
Court at Tehran after being held in detention since April 1989 without any
formal charges being brought against them. On 8 December 1993,
Mr. Ramidan'ali Dhulfaqari was sentenced to death for apostasy and later
released. The charges of apostasy have not been withdrawn, however, and his
situation is therefore unclear. Mr. Bakhshu'llah Mithaqi, who has been in
prison since 1985, has been verbally notified that a revolutionary court has
extended his prison sentence by a further period of 10 years.
112. Property of Baha'is resident at Ilkhchi and Saryan have been confiscated.
Pressure on the Baha'i community has been particularly severe in the city of
Mashhad. Cemeteries, historic sites, administrative centres and property
confiscated in 1979 have not been returned to the community.
J. The situation of women
113. The basic principles to be applied to the evaluation of standards and
practices with regard to the situation of women by the competent organs of the
international community are to be found principally in the Universal Declaration
of Human Rights (and in particular, articles 1, 2, 6, 7 and 16) and in the
International Covenant on Civil and Political Rights (article 3), which reads:
“The States Parties to the present Covenant undertake to ensure the equal right
of men and women to the enjoyment of all civil and political rights set forth in
the present Covenant.” The Vienna Declaration and Programme of Action 2/
adopted during the World Conference on Human Rights reaffirmed that the rights
of women are an indivisible, integral and inalienable part of human rights and
declared that the full participation of women in the civil, political, economic,
social and cultural life of their countries and the eradication of all forms of
discrimination on grounds of sex are priority objectives of the international
community.
114. Section III.G. of this report dealt with the situation of women; according
to reports from various sources, matters have not changed over the course of a
year, so that the 1993 reports, which treat the subject at length 3/ are still
relevant. On S May 1994, a student of medicine at Beheshti University in
Tehran, who had been an activist in recent student demonstrations, was found
dead, with marks of strangulation and a broken arm. The forensic examination
concluded that she had committed suicide. Her fellow women students did not
believe this version of the facts, and some 1,000 of them occupied a university
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building to protest what they considered a murder and to demand protection. The
students also called for an official investigation of the case.
K. Political rights
115. It was learned that in early May 1994, a gathering of militants of the
Freedom Movement of Iran, an opposition group headed by the former Prime
Minister, Mr. Mehdi Bazargan, was violently broken up by a pro-Government mob.
There has been no report of further incidents related to this violent
interruption of a peaceful and lawful political gathering.
V. GENERAL OBSERVATIONS
116. Not all the facts mentioned in section III of this report can be taken as
substantiated. However, the facts that can be regarded as proven constitute a
sufficient basis for a number of observations that might serve as a guide for
the action to be taken by the General Assembly. This section details the issues
that, in the opinion of the Special Representative, merit attention; some of
them might be incorporated in the resolution to be adopted on this item.
(a) The Islamic Republic of Iran should immediately resume cooperation
with the International Committee of the Red Cross (ICRC) , allowing it to make
periodic visits to prisons and prisoners in accordance with the agreement
concluded in 1991 and still in force.
(b) It should be borne in mind that under article 6 (5) , of the
International Covenant on Civil and Political Rights, of which Iran is a full
signatory, minors under 18 years of age are exempt from the death penalty,
regardless of the seriousness of the crimes they have committed.
(c) The murders of Protestant Christian ministers should be the subject of
a thorough, careful and impartial investigation.
(d) The investigation and prosecution of the persons found to be
responsible for the Mashhad attack is another case that will test the
effectiveness of due process guarantees, since it aroused strong feelings and,
understandably so. None the less, the temptation must be avoided to let feeling
dominate reason and to allow the desire to punish to replace the need for an
objective examination of the evidence during the criminal proceedings.
(e) Forms of punishment which entail torture, such as amputation and
flogging, and are incompatible with applicable international human rights
instruments, continue to be inflicted.
(f) The information collected on the treatment of prisoners is sufficient
to support the conclusion that torture is used to extract confessions, at least
in politically sensitive cases. It has been some time since the evidence
received has been as direct and convincing as that provided by the testimony of
the German prisoner recently released and the condition of the body of the
Iranian citizen of the Jewish faith who was recently executed.
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(g) There is an urgent need to ensure that the guarantees of due process
of law are effectively applied, particularly in proceedings held before the
Islamic revolutionary courts. To accomplish that, the laws will need to be
revised with particular attention to implementation measures. It goes without
saying that even the best laws are ineffective when they are not applied
conscientiously.
(h) The situation of writers is a matter of special concern; surely, the
view expressed by the highest international body responsible for promoting human
rights could have a positive effect.
(i) Uncontrolled mob attacks on the press have been described in earlier
reports. Now similar attacks are being directed at lawful, peaceful political
gatherings. An urgent appeal must therefore be made to the authorities to
intervene in timely fashion with due moderation in order to protect the victims
of such attacks and ensure that freedom of opinion and expression and the rights
of assembly and association actually prevail.
(j) The situation of women is a sensitive issue, given the historical and
cultural background, but the organizations with a mandate to monitor compliance
with applicable international human rights instruments cannot, as a matter of
duty, ignore the existence of laws and practices that discriminate between the
sexes and cannot neglect to point out the need to adapt internal legal systems
to the international legal framework.
(k) It is to be hoped, and indeed urged, that the evidence in cases with
high political impact, such as the murders of the Protestant ministers and the
attack in Mashhad, will be examined according to logical and reasonable rules of
evaluation and procedure that will support credible conclusions, in other words,
by applying what is known in legal language as sana critica . When political
crimes are involved, it should be borne in mind that the perpetrators will try
to protect themselves by dragging in red herrings and that incriminating others
is usually part of the preparation and planning of a political crime. It is
best, therefore, to be suspicious of very obvious clues, as in the case of the
woman attempting to flee the country through the Zahedan area carrying evidence
relating to the murder of Reverend Michaelian.
(1) In the above-mentioned politically sensitive cases involving police
investigation and criminal prosecution, the findings would be stronger and more
credible if the Government of the Islamic Republic of Iran were to solicit the
cooperation of the competent organs of the United Nations and humanitarian
organizations in sending observers to the trials and if it were to send
photocopies of the records of the proceedings to the competent organs of the
United Nations. The observers would note in particular whether the trials were
held in a public forum rather than inside a prison, and whether the accused
benefited from all the guarantees of due process of law, including the right to
be notified in writing of the charges against them; to have the assistance of a
professional attorney of their choice given sufficient time to prepare a
defence; to present evidence in their favour and to file motions and appeals.
It should be borne in mind that inaction is incompatible with applicable
international obligations.
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117. In view of the above observations, the Special Representative considers
that continued international scrutiny of the situation of human rights and
fundamental freedoms in the Islamic Republic of Iran is warranted and that the
subject should remain on the agenda of the General Assembly.
Notes
1/ Official Records of the Economic and Social Council, 1994, Supplement
No. 4 (E/1994/24)
2/ A/CONF.157/23.
3/ A/48/526 and Add.1 and E/CN.4/1994/5O.
