Aadel Collection
Interim report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights
United Nations
AJ54/365
General Assembly
Fifty-fourth session
Agenda item 116 (c)
fruman rights questions: human rights situations and reports of special
rapporteurs and representatives
Distr.: General
21 September 1999
Original: English
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 on the situation of hum an rights in the Islamic Republic of
Iran, prepared by Maurice Copithorne, Special Representative of the Commission on
Human Rights, in accordance with General Assembly resolution 53/15 8 of 9 February
1999 and Economic and Social Council decision 228 of 27 July 1999.
99-27044 (E) 211099
A/54/365
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
Summary
In the period under review the Islamic Republic of Iran has seen more political and
social turmoil than in recent years.
ThePresident's commitments to change appear tobe undim inishedbut the slowrate
of implementation is leading to increasing scepticism.
The protection and promotion of hum an rights has had a central role in the recent
turmoil, and the human rights of the participants and bystanders have been in jeopardy
In particular, freedom of expression has suffered a setback in terms of the treatment
in the media and perhaps peaceful demonstration as well.
Although there continues to be improvement in the condition of women as reflected
by some social indicators, there is virtually no progress towards the improvement of their
legal status.
The reform of the legal system rem ains a critical issue that has been on hold for some
time.
Executions remain at an unacceptably high level, torture and similar treatment or
punishment continue to exist and the prison system is facing unacceptable physical
conditions.
The final report on a series ofmurders of intellectuals and political dissidents is still
outstanding, which is contributing to widespread scepticism about the investigation.
The status of minorities and the Baha'is in particular remains unchanged.
Overall, whileprogress isundoubtedlybeingmade in some areas, this is notthe case
in some of the most critical areas.
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Contents
Paragraphs Page
I. Introduction 1—5 4
II. The Special Representative's activities and sources 6—8 4
III. Freedom of expression . . 9—20 5
A. The media 9—13 5
B. Student protests 14—20 5
IV The status of women 21—27 6
V Legal subjects 28—44 7
A. The legal system 28—33 7
B. Executions 34—35 8
C. Torture, or cruel, inhuman or degrading treatment or punishment 36—38 8
D. Political murders and disappearances . 39—44 9
VI. The status of minorities 45—49 9
VII. Other important matters 50—59 10
A. The Islamic Human Rights Commission 50—51 10
B. Terrorism 52—55 10
C. Democracy 56—59 10
VIII. Correspondence between the Government of the Islamic Republic of Iran and
the Special Representative during the period January-August 1999 60—62 11
IX. Conclusions 63—69 11
Annexes
I. Chronology of student demonstrations 12
II. Information on the situation of the Baha'is 14
III. Correspondence between the Special Representative and the Government of the Islamic
Republic of Iran during the period January-August 1999 15
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I. Introduction
1. As the Special Representative has had occasion to
observe in the past, capturing a dynamic complex society
of 60 million people in a 32-page report is a considerable
challenge. In the case of Iran, contradictions abound and
crimes in society are if anything growing more pronounced
each year.
2. Tension increasedmarkedly in July andAugust 1999.
The aftermath of a series of brutal murders of intellectuals
and political dissidents that had occurred in November-
December 1998 was still being played out. Efforts to
consolidate freedom of expression were being challenged
more vigorously, culminating in the closure of prom inent
reformist newspapers and the introduction of new
repressive press legislation. These and other developm ents
led in substantial part to the peaceful student-initiated
demonstrations that subsequently turned violent.
3. These events were generally seen as the most serious
challengetotheregimesincethe lslamicRevolution. They
reflected the continuing struggle between those who want
the society to move forward towards the vision articulated
by the President and those who view that prospect as an
unacceptable erosion of the Islamic verities on which the
Islamic Republic was founded. For some, the central piece
in the struggle is the reform of the legal system, that is to
say, the search for a system that is less arbitrary, less
driven by ideology, less cruel towards its dissidents and
criminals; in short a system based on the rule of law built
around respect for the personal dignity of all individuals.
However, in the process, the rights of those engaged in the
struggle as well as bystanders may be trampled on; this is
certainly happening in the Islamic Republic.
4. While someprogressinhumanrightsisundoubtedly
being made, this is not the case across the several critical
scenarios still unfolding, particularlythose concerning the
perpetrators of the string of murders, and the treatment
accorded to students and others in the aifiermath of the
demonstrations; the protection of human rights may well
have suLered some significant erosion.
5. With regard to cooperation with the Commission on
Human Rights, the Special Representative would note that
the Government has not issued an invitation to him during
the period under review and that he has not been able to
visit Iran since February 1996. The invitation of the
Government to the Working Group on Enforced or
InvoluntaryDisappearances hasnot been taken up as ofthe
date of preparation of this report.
IL The Special Representative's
activities and sources
6. The Special Representative presentedhis fifthreport
(E/CN.4/1999/32) in April 1999 to the Commission on
Human Rights at its fiifiy-fiifih session. He returned to
Geneva in May to hold consultations and participate in the
sixth meeting of special rapporteurs, special
representatives, experts and chairpersons of working
groups of the Commission on Human Rights. He again
returned to Geneva from 16 to 24 August 1998, to prepare
the presentreport. On each of these occasions, the Special
Representative metwith senior officials ofthe Government
of the IslamicRepublic of Iran and staff of the Office of the
United Nations High Commissioner for Human Rights
(OHCHR), and had other consultations.
7. In seeking to discharge his mandate, the Special
Representative continues to draw from a wide range of
information sources, including the Government of the
Islamic Republic of Iran, other Governments, United
Nations organizations, bodies and programmes, non-
governmental organizations, individuals and media reports
emanating from inside and outside the Islamic Republic
of Iran. In Geneva, the Special Representative participated
in an inter-agency informal consultation convened by
OHCHRfor discussion and exchange of information among
various United Nations and other intergovernmental
agencies about the human rights and humanitarian
situations in the Islamic Republic.
8. During the period under review, the Special
Representative receivedwritten communications from the
following non-governm ental organizations: About Iran;
Amnestylnternational; Baha' i International Community;
Committee for Defence of Liberty in Iran; Committee for
the Defence of Prisoners in Iran; Committee to Protect
Journalists; Constitutionalist Movement of Iran;
Democratic Party of Iranian Kurdistan; Dr. Homa Darabi
Foundation; Human Rights Watch; International PEN
American Center; International PEN Writers in Prison
Committee; Iranian Worker Leifi Unity; Organization for
Defending Victims of Violence; National Council of
Resistance of Iran; Reporters Sans Fronti res; Society for
the Defence of Political Prisoners in Iran; and Spectrum
Institute.
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I lL Freedom of expression
A. The media
9. As noted by the Special Representative in earlier
reports, freedom of expression is the field in which the
issue of change has been most clearly joined. This
continues to be the case. In brief, disciplinary action
against newspapers, their directors andtheirjournalists has
risen sharply In February 1999, Mohsen Kadivar, a
prominent cleric and writer, well known for his liberal
views, was arrested by the Clerics Court to face such
charges as OEonfusing public opinion”, on which he was
subsequently convicted and sentenced to 18 months injail.
Kadivar had rejected the jurisdiction of the closed court
and argued for a trial by jury in a public court. Kadivar's
treatment was widely regarded as an attack on intellectual
freedom, pluralistic politics and the rule of law. The
minister responsible for the press described Kadivar's
treatment as the arrest of ideas and theories”. In March
the Clerics Court issued a decree that any newspaper even
mentioning the name of the dissident Shia dignitary
Ayatollah Montazeri would be subject to prosecution.
10. While new licences continued to be issued,
newspapers andjournals continued to be closed for various
offences including being guilty of lies” and of committing
counter-revolutionary acts”. Over the period January to
August 1999, some 40 publications appear to have had
complaints filed against them. Many of the leading
reformist papers have been closed and others have charges
pending. The responsible minister himself survived an
impeachment attempt in the Majlis for, it would seem,
condoning if not promoting a liberal press environment.
11. One of several cases that attracted a great deal of
attention in the period under review was that brought in
the Clerics Court against the leading reformist newspaper
Salam, and its director Mousavi Khoeiniha. The Court
imposed a five-year ban on Salam and a three-year ban on
Khoeiniha's participation in journalism. Khoeiniha still
faces trial before a revolutionary court on other complaints.
The minister responsible for the press subsequently
distanced him self and the executive from the Salam
judgements, regretting the closure of the newspaper and
hoping that in future, no daily of that stature would be
banned. Journalists employed by Salam and other
newspapers now banned have since been summoned by
various courts to answer complaints against them
personally.
12. TheroleofthePress SupervisionBoardandthepress
jury continues to be the subject of controversy One of the
critical issues is the usurpation of the functions of the
legislated press control system by the courts, including in
particular the Clerics Court, a tribunal the Special
Representative has in the past found to disregard the
human rights of many of those brought before it. This
development has been criticized by the minister whose
ministry has legislated responsibility for the press.
13. The press control regime has not been without fault.
It has on occasion acted capriciously and without regard
to the requirements of fair trial. There have also been
problems because of certain ambiguities inthe law. In early
July 1999, apparently purporting to address these
ambiguities, the Majlis, reportedly without consulting the
executive or the media, passed legislation that, among
other things, permitted the suspension of publications
before the prescribed legal process had been undergone,
permitted a court to require the directors of publications
to reveal their sources, required applicants for a licence to
have practical allegiance to the Constitution” and
expanded the membership of the Press Supervision Board
to include representatives of certain Islamic organizations
and agencies. The amount of bail for press offences was
also substantially increased. These changes were criticized
bythe governmentm inistry concerned. In August, a second
piece of legislation was announced, also apparently draified
without consultation with those most concerned. This
legislation purported to address the need for a definition
of a political oLence”, but is said to be so widely drawn
as to threaten free comment not only on political matters
but on social and economic ones as well. The Special
Representative considers that passage of these two pieces
of new legislation, both apparently opposed by those most
concerned, would constitute a major defeat for the right of
free expression in Iran.
B. Student protests
14. Without doubt the most significant political and
social event during the period under review was the series
of student dem onstrations in early July 1999. Their cause,
their character and their implications are still being
discussed. In human rights terms, they can be viewed
through the optics of freedom of expression, of association
and of assembly, as well of course as those of the person
in cases of death, injury or arrest. The Special
Representative chooses to position the dem onstrations, in
the first instance at least, as the right to free expression and
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to peaceable demonstration through the rights of assembly
and association.
15. While student activism had been building for some
months, the critical sequence of events took place in the
period 7-14 July, with the fall-out continuing at the time
of writing this report. They have been described by many
comm entators inside and outside of lran as the most serious
challenge the Government has faced since the early days
of the Islamic Revolution. Where Governments feel
threatened, the protection of human rights is usually on the
line. This case is no exception.
16. The Special Representative has attemptedto establish
a chronology of the events, particularly as they might have
a bearing on human rights; it is attached as annex I. The
Government launched separate enquiries into each of the
three phases of the events: on 8 and 9 July on the campus
of the University of Tehran; the student demonstrations on
9, 10 and 11 July; and the broader demonstrations on 12
and 13 July Only the report on the first phase was
available as the present report was being prepared.
17. In grossly simplified terms, on 8 July some students
held a small rally at the university apparently to protest the
passage by the Majlis of the press legislation mentioned
above andthe closure of a popular newspaper, Salam. Early
in the morning of 9 July, the security forces and civilian
elements”, widely assumed to be the extra-legal Ansari-
Hezbollah, attackedthe student dormitories causing a great
deal of damage and some injuries and arresting some
students. On 10 July a large number of students held a
demonstration which moved into the streets of Tehran,
with discontent now focusing on the raid on the student
dormitories. The demonstrations continued on 11 July.
Meanwhile, the Government expressed its grave concern
over the raid, undertook to reimburse the students for
damage suffered and suspended the senior police oLicers
concerned. The Minister of Higher Education and the
President of the university resigned. The demonstrations
continued on 12 and 13 July With many non-students now
joining in, the demonstration turned violent. The political
demands of the demonstrators broadened beyond the
incident of 9 July. The Government vowed to restore order
and a large pro-Government rally was organized for 14
July This was the end of the demonstrations.
18. Alm ost imm ediately, concern began to be expressed
for those detained by the security forces and over
allegations that arrests were continuing, including of
persons connected to the Iran Nation Party. At least one
detained student leader appeared on television to confess
his role in the disturbances and to having been in contact
with foreign elements. At one point, the Government
announcedthat, contrarytorumours, some 1,200persons
had been detained, of whom some 700 had already been
released. However, other activists and journalists
disappeared; they too were presumed to have been
detained. The Special Representative and his colleagues
made a number of urgent appeals about the situation (see
annex III, paras. 5, 7 and 8).
19. The atmosphere remains intimidating. State
television has broadcast videotaped confessions of activists,
accused of being counter-revolutionaries”, Ministry of
Information (i.e. Intelligence) lists ofthose arrested openly
state them to be guilty, and the head of the Tehran
Revolutionary Court declared that it would move against
persons whose statements had incited” or fomented”
recent events.
20. The protests provided a major challenge to the
President's promise of diversity and freedom of expression
within the rule of law. The attack on the student
dormitories was a clear violation ofthe hum an rights ofthe
students, as well as apparently being a violation of Iranian
law. The Government has taken disciplinary steps against
some of the senior officers concerned, but at the time of
writing, not yet against the notorious civilian elem ents”,
whom it accuses of OExerting immense pressure” upon the
police. The first days of demonstrations that followed
appeared to have been peaceable enough but later the
presence of outside elements and the police response led
to violence, injuries and the destruction ofpublic property.
The challenge for the authorities is to distinguish between
peaceable protest and violent confrontation, and to punish
onlythose involved in the latter. At the time of writing, the
signs are that despite the initial tolerance towards the
students, the authorities are casting their net very widely
to include some student leaders and members of the Iran
Nation Party (see annex III, para. 8).
11/. The status of women
21. The period under review passed without much
substantive change in the status of women in the Islamic
Republic. The President and various senior figures in the
executive continue to press for a change in attitude towards
women andwomen's issues, noting againthatthe existing
limitations are variously legal, economic and social in
nature. It was again declared by some of these figures that
some of the relevant Islamic laws were OEubject to
adaptation and change due to circumstances”.
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22. The current emphasis appears tobe on the formation
of civil and non-governmental organizations for women
and, more specifically, on a national action plan to address
violence against women. According to the press, the
President's Advisor on Women's Affairs declared in May
1999 that one cannot claim that violence against wom en
did not take place in Iran”. The Special Representative
reported on the draft plan in his 1999 report to the
Commission on Hum an Rights (E/CN.4/1 999/32, para. 32).
In the period under review it was announced that the plan
now contemplates legal and judicial measures, a public
information campaign, andthe establishment of a women's
police college and an organization for defending women
in peril as well as victims of violence.
23. More generally, a number of relevant statistics
continue to improve. In the recent local elections, 300
women were elected and 114 of these received the highest
or second highest number of votes in their constituencies.
There are reportedly now some 70 daily and periodic
publications which, generally or specifically, address
women's issues, most of them run by women editors and
managers. In higher education there have been some
notable developments. Government officials have stated
that female students enrolling in university in 1998
outnumbered male students. About 30 per cent of university
faculty members are women. The proportion of female
graduate students, and ofwomen doctors and health-care
workers is growing significantly
24. The Special Representative's attention has been
drawn to an important recent report by UNICEF entitled
The State of Women: Is lamicRepub lic ofiran (ISBN 964-
6513-10-7). It focuses in substantial part on the areas of
compatibility and of divergence between the Convention
on the Elimination of All Forms of Discrimination against
Women and Iranian law. This report merits careful study;
for the moment, however, the Special Representative
wishes to highlight two situations that are singled out in
the report.
25. The first of these concerns early marriage. The
Government, by becoming a party to the Supplementary
Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery,
committed itself not to allow the marriage of a minor even
with the permission of a guardian, usually a father or a
grandfather, a practice now permitted by article 1041 of
the Civil Code. Given that the minimum age ofmarriage
of girls is only nine years, very young girls can be married
off in this manner, a clear violation of their rights as
children. Although the Special Representative is informed
that no girls are married oL at the age of nine or younger,
the law remains on the books.
26. The report also addresses the problems faced by
Iranian wom en marrying refugees, most commonly Afghan
refugees. According to the report, for the marriage to be
registered, the foreign husband must have a valid passport
and legal residence permit which, in practice, few Afghan
refugees have. As a result of poverty and the young age of
the women, and the fact that they oifien face brutality, such
marriages are often unstable and the wom en are frequently
deserted. Children of such marriages cannot be registered
as the marriage itself is not registered. The UNICEF report
concludes that as the woman has in eLect had foreign
nationality imposed upon her, she is being denied her
rights under the Iranian Constitution which states, in
particular, that the Government cannot deprive anyofthis
right unless upon his/her request or, if the citizenship of
another country is adopted by him/her”. The Special
Representative calls upon the Government to address both
these denials of human rights with the compassion and
urgency that the situations clearly merit.
27. In general, it remains the Special Representative's
view, as he has expressed in the past, that the Government,
while showing some leadership, is not addressing the
rem oval of those discriminatory laws and practices which
remain the cause of the unequal treatment faced by wom en
in Iran.
V. Legal subjects
A. The legal system
28. In a previous report to the General Assembly
(A153/423), the Special Representative noted that several
events had engendered an intense public debate about the
conduct of trials and the appropriate role of judges. This
in turn had led to the widespread view that a major
overhaul of the judicial system was a prerequisite for the
establishment of civil society in the Islamic Republic. In
August 1998, the Iranian Prosecutor General told the
Special Representative of reforms that were planned
including legislation that was to go to the Majlis shortly.
Such reform measures have been slow in appearing.
29. The need for change in the way legislation is
prepared was highlighted during the period under review
by two cases already mentioned in the section on freedom
of expression (para. 9 above). These are therepressive laws
passed in June amending the Press Law, and the draft law
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introduced in August on political oLences. Both of these
bills were apparently prepared more or less in secret
without input from the relevant offices of the executive,
from interestgroups or from the public. While thisprocess
is carried out by elected representatives of the people, in
the Special Representative's view it is hardly a
participatory or even democratic law-making process. It
should not be surprising that such laws are met with strong
opposition by those concerned and sometimes by a broad
swath of the Iranian public. At the least, this approach
leads to cynicism about legislators and their legislation,
and towards the rule of law more generally
30. The Special Representative wouldnote a recent eLort
to legitimate the Clerics Court which comes at a time of
increasing criticism of its activities, particularly in press
matters. It has been brought to the attention of the Special
Representative that in the course of a recent debate on the
Revolutionary and Public Court Procedure Act, the Majlis
added article 51 lAwhich appearsto legitim ate the Clerics
Court through an amendment to legislation otherwise
concerned with court procedure (Official Journal 15816,
pp. 28-30). It is very difficult to argue, asjudicial oLicials
appear to be doing, that although this Court was properly
constituted in the first place, this new legislative provision
is still needed. The Special Representative's position
remains as stated most recently in his report to the
Commission (E/CN.4/1999/32, paras. 48-53), that this
Court's existence is a standing invitation for the violation
of the human rights of those brought before it.
31. The crisis in the prison system seems to be
worsening. More reports are reaching the Special
Representative about overcrowding, prisoner unrest and
appeals from local prison oLicials that judges avoid
imposing jail sentences. Reportedly, only 2.5 square metres
are available for each prisoner.
32. The Special Representative would again note the
President's recent calls for the establishment of the rule of
law in Iran. Certainly, such a development is central to the
enjoyment of human rights in the country. Also certainly,
little to this end has been achieved to date. Very recently
the new head of the judiciary announced that there would
be OE dramatic change in the culture prevailing in the
judiciary system”. The Special Representative looks
forward to describing in his next report the introduction
of concrete reform measures.
33. The concept of fair trial in Iran came to international
attention during the period under review following the
arrest of 13 Jews from Shiraz and Isfahan on suspicion of
spying for Israel. The Government of Iran issued a
statement declaring that all arrested suspects will receive
a fair trial in accordance with due process of law”. The
Special Representative followed up this statement with an
urgent representation addressed to the Government noting
the most significant elements of fair trial” and seeking
assurances that they would indeed be accorded to those 13
individuals. The chair of the Jewish Central Committee
appears to have played a significant intermediary role in
this matter. At the time of the preparation of the present
report, no final decision had been taken by the Iranian
judiciary in this matter.
B. Executions
34. According to information received by the Special
Representative, Iranian media and Tehran-based foreign
wire services reported 138 executions from 1 January 1999
tomid-August 1999. In his report to the GeneralAssembly
at its fifty-third session, the Special Representative noted
that the Iranian authorities had agreed to cooperate with
him in the provision of official statistics on the number of
executions. No such statistics have yet reached the Special
Representative's attention. The crimes for which most of
the executions were carried out are unknown, although a
number of those put to death were said to be supporters of
or activists in the illegal opposition Mojahedin Khalq
Organization.
35. One of the offences that rarely attract the death
sentence is major economic crimes”. In March 1999, the
Tehran press reported that four merchants had been
sentenced to death for exporting carpets without declaring
their real value.
C. Torture, or cruel, inhuman or degrading
treatment or punishment
36. In the period under review, there occurred to the
knowledge of the Special Representative, the first trial of
an oLicial for engaging in torture, an act prohibited by the
Constitution of Iran. The Commander of the Intelligence
and Security Division of the Tehran police, along with
three co-defendants, was charged following complaints by
a group of mayors and senior oLicials of Tehran
Municipality over treatment they had received while in
detention on charges of corruption in 1998. The case was
heard by a military court in closed session. While the
Commander was found guilty of only minor charges, the
fact that the charge was brought at all reflects the more
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realistic approach that is gradually beginning to take hold
in Iran to this abhorrent practice.
37. According to Iranian press reports coming to the
attention of the Special Representative, there continue to
be amputations of arms, hands andmost commonly fingers,
usually following multiple theft convictions.
38. Press accounts suggest that corporal punishment is
prevalent. In January1999, an Iranian newspaper reported
that two 15-year-oldboyshadbeen sentencedto a flogging
for OEffending public democracy” by dressing up as girls
and wearing make-up. They explained to the Court that
they did this to extract money from rich young men”. In
June an Iranian newspaper reported that a young man in
Mashad had been given 20 lashes for wounding public
moral sentim ents” by plucking his eyebrows and wearing
eyeshadow. In March an Iranian newspaper reported that
six persons had been sentenced in Mashad to 18 months
in jail and 228 lashes for goading passers-by to dance in
the street in the traditional Zoroastrian festival of
Chaharshanbe-Souri.
D. Political murders and disappearances
39. In his 1999 report to the Commission on Human
Rights, the Special Representative reported on a series of
murders and disappearances ofprom inent intellectual and
political figures. These tragic events had the earmarks of
an organized campaign and aroused great public concern.
The investigation was put in the hands of the Military
Prosecutor's office on the grounds that, as was soon
acknowledged, a number of officials in the Ministry of
Information (i.e. Intelligence) were involved. The
Government committed itself to an open trial of those that
would be charged. On 12 May 1999 a newspaper carried
a statement by 325 political and cultural figures on the
occasion ofthe 170th day aifier the murder ofDaryoush and
Parvaneh Forouhar reiterating a call for justice and
disclosure of the perpetrators' identity.
40. The investigation dragged on into June, when the
Chief Military Prosecutor, Mohammad Niazi made public
his preliminary report on the matter. The names ofthe four
main agents” were identified, one of whom had been able
to commit suicide while in custody. Twenty-three persons
hadbeen arrested in connection with these killings some
of whom had been released on bail and 33 others
summoned for investigation. Some of the accused were
from the intelligence forces, while others were
businessmen. Niazi declared thatthe motive for the killings
had been to face the system with problems at the
international and domestic scene”, to generate OE
fratricidal conflict between political factions”.
41. The report, coming five months aifier the
investigation was announced, was greeted with scepticism
in some quarters particularly as to the circumstances of the
alleged suicide. Rumours persisted that some of those
released on bail had been able to leave the country and that
the individuals concerned had been acting with the
knowledge if not the approval of powerful personages.
Reference was frequentlym ade to the leader of the group's
apparently close relations with certain Iranian leaders, and
to the nature of the memorial services that were held after
his suicide in custody, as well as his burial in a section of
the cemetery reportedly designated for national martyrs.
42. In early August, the recently retired head of the
judiciary was quoted in the press as saying he had ordered
a public and transparent trial” for those being indicted.
43. The Special Representative, for his part, again urges
the Government of Iran to expedite this investigation and
to bring the accused to trial quickly The rule of law
repeatedly declared to be an objective of President
Khatami's administrationrequiresno less. Adark stain on
the Government and the legal authorities will only be
rem oved by a more expeditious and forthright approach to
this enquiry
44. The case ofthe dissidentwriter/editor Pirouz Davani
who disappeared in August 1998 is no closer to solution
following the denial of the Information (i.e. Intelligence)
Ministry that he had been arrested. Further investigation
is required of this highly suspicious disappearance (see
annex III, para. 9).
VI. The status of minorities
The Baha'is
45. The overall enjoymentofhumanrightsbythe Baha'i
community rem ains of serious concern. There continue to
be reports of violations of rights in particular those of
freedom of assembly, association, expression, movement,
liberty and security of the person. The Baha'i community
continues to face a system atic violation of economic, social
and cultural rights.
46. Fiifieen Baha'is are imprisoned in Iran, of whom
seven are under sentence of death. The four Baha'is
arrested in October 1998 in Isfahan in connection with
their activities with the Baha'i Institute of Higher
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Education (BIHE) were sentenced in March 1999 to
various prison terms without parole (see annex II).
47. TheBaha'i communityisdeniedtherighttoexercise
its religion and to maintain administrative institutions.
Activities aimed at providing education to Baha' i children
continue to be curtailed and access to employment denied.
Unemployment benefits are reportedlynot paidto Baha' is,
andtheir pensions can be terminated on religious grounds.
Confiscation of Baha' i property continues.
48. The Special Representative once again urges the
Government of the Islamic Republic of Iran to improve its
treatment of the Baha'i community and, specifically, to
ensurethat the death penalty is not imposed on Baha'is for
their religious beliefs; to liifi the ban on Baha'i
organizations so that Baha'is may associate freely; to put
an end to discrimination against Baha'is in all spheres of
public life and services; to effect the return of confiscated
personal and community Baha'i property; to institute the
reconstruction of destroyed places of worship wherever
possible or, at a minimum, ensure the provision of
appropriate compensation to theBaha'i community; to liifi
restrictionsregarding the burial and honouring of the dead;
andto eliminate from passport application forms questions
concerning religion, so as to avoid undue infringements of
freedom of movement.
49. The Special Representative again urges the
Government of the Islamic Republic of Iran to implement
the outstanding recommendations of the Special
Rapporteur on religious intolerance (see
E/CN.4/1 996/95/Add. 2).
VII.
Other important matters
A. The Islamic Human Rights Commission
50. In a previous report to the General Assembly
(A/53/423, paras. 47-49), the Special Representative
commented on this Commission and in particular, on the
need for it to take certain steps to establish its credibility
as a national hum an rights institution. The following new
information published by the Commission has now come
to the Special Representative's attention:
In the period from March1998 to March1999, 1,051
files were opened on the basis of complaints received.
Of these, the most prominent respondent, the object
of 394 complaints, was the Judicial authorities”.
Ofthe total of some 3,000 currently active files, some
1,000 related to women and women's issues.
51. The Special Representative again recommends that
the statistics in the reports of the Commission be broken
down further and that, as he recommended, positive trends
and best practices be publicized, and that a national action
plan for human rights be developed.
B. Terrorism
52. During the periodunder review, the Government and
a banned opposition group, the Mojahedin Khalq
Organization, traded charges of terrorist activities both
within and outside the country. Such attacks, on
government officials and on members of the opposition,
appear to have increased recently with senior government
oLicials and military figures being targeted on one side,
and groups of opposition members on the other, in at least
one case on a loaded bus in Iraq. On one such occasion, the
United Nations Secretary-General made a declaration
condemning all forms of violence. A number of
Governments expressed a similar point of view. More
generally, the Commission on Human Rights has in the
past expressed its serious concern over the gross violation
of hum an rights that is inherent in terrorist acts.
53. While eLorts have been made to distinguish the
nature of such acts, for his part the Special Representative
also holds the view that violence from any source and in
the name of any cause, however noble that cause may be
in its own right, is unjustifiable and an unacceptable
violation of the human rights of the victims.
54. In May 1999, the Chief Military Prosecutor
announced the arrest of 13 members of a fundamentalist
assassination group Mahdaviyat”. Its targets were said to
include Sunni clerics and former President Rafsanjani,
among others. The leader of the group was charged with
the attack in January 1999 on the head of the Tehran
judiciary that resulted in one death and severe injury to the
head of the judiciary
55. InFebruaryl999,thebrother ofthe SupremeLeader
was attacked and severely injured. He reportedly serves as
a press adviser to the President and runs a reformist
newspaper.
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C. Democracy
56. In February 1999, the Islamic Republic had its first
elections at the local government level, thereby fulfilling
a neglected provision of the Constitution. Government
reports stated that about 280,000 candidates competed for
130,000 council seats andthatthere was a 70 per centturn-
out of voters.
57. In Tehran, there was a controversy over the
qualifications of five reformist candidates, all of whom
went on to win seats. One of these was Abdollah Noun, a
former Interior Minister who topped the Tehran polls.
58. The next step in what President Khatami describes
as the institutionalization of Islamic democracy” is the
election for the 6th Majlis reportedly set for 18 February
2000. Public discussion of this important event has begun
and, once again, the role of the Council of Guardians in
approving the candidates is a central issue. Most
comm entators believe that a new law on the subject will not
seriously impede the Council of Guardians from making
its decisions on the basis of ideology rather than existing
legal requirements for candidature.
59. The Minister of the Interior, for his part, warned his
officials that their role is to ensure the conduct of fair
elections and that they are not to evaluate individuals on
the basis of prevailing beliefs and preferences.
VIII.
Correspondence between the
Government of the Islamic
Republic of Iran and the Special
Representative during the period
January-August 1999
60. The correspondence exchanged during the reporting
period between the Special Representative and the
Permanent Representative of the Islamic Republic of Iran
to the United Nations OLice at Geneva is described in
annex III. In sum, the Special Representative transmitted
to the Government five communications, including two
jointly with other special rapporteurs of the Commission
on Human Rights. During the same period, the Special
Representative received responses from the Government
to three out of six communications that were described in
his previous report (see E/CN.4/1999/32, annex V).
61. Some of the correspondence concerned requests for
information about individual allegations. Also during the
reporting period, the Special Representative sent urgent
communications, jointlywith other special rapporteurs, in
which he appealed to the Government to ensure that those
affected benefited fully from all the internationally
recognized safeguards, particularly those provided for in
the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the
Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment and the
Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
62. While acknowledging the responses by the
Government, the Special Representative encourages it to
make additional effort to respond to his outstanding
requests for information concerning individual cases.
IX. Conclusions
63. It is clear that freedom of expression with regard to
the media has suffered a serious setback as a result of a
hostile campaign mounted against the reformist press in
particular, the usurpation of the legislated press control
system by the courts, and the introduction of repressive
legislation. Freedom of expression, as well as the rights of
association and assembly may have suffered in the
aifierm ath of the student dem onstrations, depending on the
treatment accorded to the students and to other
participants.
64. There has been little substantive change with regard
to the rights of women in the period under review. The
Special Representative again calls upon the Government
to take the lead in introducing change in law and in
practice affecting the status of women.
65. In order to achieve the rule of law and therefore the
protection of human rights, the reform of the legal system
remains an urgent matter. The Special Representative
recommends that the hinted at reform measures be
introduced as soon as possible. The Government should
publish statistics on executions by category of offence and
should ensure compliance with resolutions of the
Commission on Hum an Rights in this regard. Torture and
comparable treatment or punishment continues to exist and
needs to be confronted by the Government in accordance
not only with international standards but with the laws of
Iran.
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66. The investigation of the string of murders of
intellectuals and political dissidents that occurred in
November and December 1998 needs to be completed
quickly and with total frankness if it is to have public
credibility
67. The status ofreligious minorities rem ains precarious.
The Government should address without further delay the
matter of the Baha'is, in line with the outstanding
recommendations of the Special Rapporteur on religious
intolerance.
68. Terrorism by Iranians against Iranians is on the rise
bothwithin and outside of Iran. The Special Representative
calls on both sides to heed the calls from the Secretary-
General of the United Nations and others in this regard.
69. There continues to be progress in the development
of democracy in the Islamic Republic; the arrangements
made to ensure open and fair elections for the sixth Majlis
will be critical in this regard.
Annex I
Chronology of student demonstrations
The following chronology is drawn from Iranian and
foreign wire service reports on the events of 7 to 14 July
1999. It may contain inaccuracies. Numbers of
dem onstrators, those killed or injured, and those arrested,
are notgiven as the press reportsvarywidely in this regard
and no independent sources are available.
7 July The Majlis passes a bill tightening
controls on the press.
Salam, a leading reform ist newspaper, is
shut down by order of the Clerics Court.
8 July A group of University of Tehran students
stage a sit-in protesting the two events of
7 July
9 July In the early morning, security forces,
accompanied by civilians widelybelieved
to be the extra-legal Ansari Hezbollah,
enter the University of Tehran without
authorization and ransack the student
dormitories, injuring some students and
arresting others.
10 July Students demonstrate in the streets.
The Minister of Higher Education hands
in his resignation, but it is refused.
Demonstrations spread to other cities,
particularly Tabriz.
11 July Generally peaceful demonstrations
continue in Tehran streets. The demands
of the demonstrators broaden to include
the system of governance in the Islamic
Republic.
Two senior security officials are
dismissed over the raid on the student
dormitories.
The Minister of the Interior describes the
event of 9 July as one of the most bitter
social, political and cultural events of
recent times”. He had visited the
university on 9 July and could not
believe what he saw”, including the
scale of destruction” and the actions of
the wilful and disobedient elem ents who
are known as pressure groups in the
society”. He declares that action has to be
taken to confront the elements which
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caused the catastrophe including
punishing a number of the attackers and
sacking two of the law enforcem ent
comm anders”.
The President of the University ofTehran
tenders his resignation.
12 July There are further demonstrations in
Tehran and clashes with the police,
leading to some arrests.
A large sit-in takes place in the
university.
University faculty issue a statement that
the 9 July incident was the worst of its
kind in University history”.
Police and vigilantes attempt to take back
control of the streets, particularly in the
area around the university.
The Supreme Leader describes the
occurrence of 9 July as OE bitter and
unacceptable incident”.
The Governor of Tehran bans all
demonstrations.
At Tabriz University a student
demonstration is broken up by force,
resulting in injuries and arrests. At
another university, following a student
sit-in, the university is closed until
October. The violence used in Tabriz and
particularly the use of firearms by the
police is only subsequently realized.
13 July Tehran riot police disperse a large group
of demonstrators, some of whom regroup
and engage in vandalism. Arrests ensue.
President Khatami calls the incident on
9 July OExtremelybitter and intolerable”,
adding that student protestors had now
been joined by agitators with bad
intentions”.
Mainstream student leaders begin to
distance themselves from the rioting of
the previous two days.
14 July A large counterdemonstration is held in
Tehran.
The Secretary of the Supreme National
Security Council warns that those
involved in the past few days' riots,
destruction ofpublic property and attacks
against the system would be tried and
punished in the same way as those
fighting God and those spreading
corruption, charges which usually carry
the death penalty
In a separate speech to students at the
University of Tehran, the Secretary
declared that the role of students was
highly valued and that compensation
would be paid for the destruction in the
university dormitories.
17 July Student groups protest the continuing
arrest of students by police and pressure
groups”.
Reports are published that students in
some parts of the country are being
brought before the RevolutionaryCourts.
22 July Student groups protest the continuing
arrest of students.
4 August The director ofthe university dormitories
complainsto avisitinggroup ofmembers
of the Majlis that the facts of the raid on
the dormitories are not in dispute and yet
no action has been taken by security
oLicials. Instead, more students are being
arrested.
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Annex II
Information on the situation of the Baha'is
1. The following is based on information received by the Special Representative.
2. With regardto imprisonment of lranian Baha' is, the four Baha' is arrested in Isfahan
in October 1998 for their involvement with the Baha'i Institute of Higher Education
(BIHE) received verdicts on 16 March 1999. Dr. Sina Hakim an was handed down a fixed
prison term of 10 years, Mr. Farrad Khajeh and Habibullah Ferdosian were given seven
years and Mr. Ziaullah Mirzapanah was sentenced to three years (all without parole). It
may be noted that one of the prisoners, Mr. Mirzapanah, had been released in January
1999 but was called to attend the trial of the other three individuals, at which time he was
also sentenced. The verdict (No. 2/791/787) stated generally: a number of people of the
misled Baha'i sect have formed an illegal group under the title the Friends of Iran,
Isfahan”, have taken action to establish a secret organization named Hay'at-i-Maarif-i-
Ali-Amri' [ Institute for Higher Baha'i Studies] and are engaged in attracting youth,
teaching against Islam and against the regime of the Islamic Republic”.
3. Mr. Manuchehr Khulusi, a resident ofKhurasan, was reportedly arrested on 9 June
1999 while on a visit to Birjand. He was subsequently transferred to Mashhad where he
is being held in the Information Organization prison. While reports indicate that he was
arrested because of his Baha' i activities, no indications have been given as to the charges
brought against him or when his trial may be expected.
4. Other Baha' is held in Iranian prisons include Mr. Bihnam Mithaqi and Mr. Kayvan
Khalajabadi, arrested on 29 April 1989 for Zionist Baha'i activities; Mr. Musa Talibi,
arrested on 7 June 1994, charged with apostasy and sentenced to death; Mr. Dhabihu' llah
Mahrami, arrested on 6 September 1995, charged with apostasy and sentenced to death;
Mr. Mansur Haddadan, arrested on 29 February 1996, charged with organizing a
children's art exposition and sentenced to three years in prison; Mr. Sirus Dhabihi-
Muqaddam, Mr. Hidayat Kashifi Najafabadih and Mr. Ata'u'llah Hamid Nasirizadih,
arrested in October/November 1997, charged with continuing Family Life” meetings
and sentenced to death; Mrs. Sonia Abmadi and Mr. Manuchehr Ziyai, arrested on 1 May
1998, charged with holding meetings for youth and sentenced to three years'
imprisonment. Reports further indicate that limitations have been placed on visits to
several of those prisoners held in Tehran, including the necessity for wives to present
proof ofmarriage in order to visit their husbands, which is complicated by the Iranian
authorities' non-recognition of Baha'i marriages.
5. Mr. Arman Damishqi and Mr. Kurush Dhabihi, referred to in the Special
Representative's report to the Commission, were granted amnesty and released on 19
March 1999. They were reportedly arrested early in 1996 for having refused to renounce
their faith.
6. Naser Qadiri, first arrested on 29 July1997 (then released andrearrested for refusing
to desist from holding Family Life” meetings), has been released a second time after
serving 21 months in prison.
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Annex III
Correspondence between the Special Representative and the
Government of the Islamic Republic of Iran during the period
January-August 1999
1. On 22 January1999, the Special Representative sent
a letter once again requesting the urgent attention of the
Government of Iran to additional reports he had received
on the deteriorating situation of Mr. Amir-Entezam, a
deputy prime minister under the transitional Government
in 1979 and 1980 (see E/CN.4/1 999/32, annex para. 3).
The Special Representative remains deeply concerned
about the health of Mr. Am ir-Entezam, about the way he
is being treated generally in prison and about his
continuing detention. No response has been received yet
from the Government to either of the communications on
this matter.
2. By letter dated 21 June 1999, the Special
Representative drew the urgent attention of the Iranian
authorities to the reported arrest in the Islamic Republic
of 13 persons, all said to be Iranian Jews suspected of
spying for Israel. While referring to international norms
and standards with regard to fair trial, the Special
Representative noted with concern the lengthy period the
investigation of this matter had apparently taken and the
assertion he had received that during this period the
accused persons had been denied, among other things,
familyvisits. Referring to the Government's statementNo.
179 of 14 June 1999 on this matter, the Special
Representative requested assurances that in receiving the
fair trial to which the Government has committed itself,
the accused will be accorded their rights in accordance
with international hum an rights norms, including the Body
of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment adoptedbythe General
Assembly in resolution 43/173 of 9 December 1988. No
response has been received.
3. The Special Representative joined the Special
Rapporteurs on the question of torture, and on the
promotion and protection ofthe right to freedom of opinion
and expression, in sending an urgent letter on 12 July1999
to the Minister for Foreign ALairs concerning the arrest
and detention of Hechmatollah Tabarzadi and Hossein
Kachani, both journalists of the weekly publication, the
Hovizat-U- Khich, which had since reportedly been
banned. According to the information received, the
authorities have indicated that the two journalists were
arrested for publishing information contrary to public
order and public interest” and issuing an
anti-establishment communiqu&'. On 6 July 1999, a
number of students and other persons reportedlyprotesting
the detention of the above-m entioned individuals at the
UnitedNations office in Tehran were themselves arrested.
It was said that all of these individuals have been denied
access to a lawyer. In view of the incommunicado nature
of their detention, fears have been expressed that the
above-mentioned individuals may be at risk of torture and
other forms of ill-treatment.
4. In the above-mentioned letter, reference was also
made to the suspension by the Government of the Salam
newspaper on the same day that the Majlis passed a new
law which in principle restricts freedom of the press. The
Salam night editor, Morad Raisi (Veissi), was reportedly
detained on 7 July 1999. In the letter, a joint appeal was
made to the Government to ensure everyone's right to
freedom of opinion and expression, and that the right to
physical and mental integrity of the above-named persons
is protected in accordance with international human rights
law. No response has been received from the Government.
5. On 13 July 1999, the Special Representative, in
conjunction with the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and
expression, addressed a letter to the Minister for Foreign
Affairs concerning the alleged attacks by armed forces and
members of the vigilante group, Ansarie Hezbollah, against
student demonstrators denouncing the closure of the daily
newspaper, Salam. In this regard, concern was expressed
about the reported deaths of four students, Na'imi,
Sohrabian, Yavari andZakeri, and the detention of student
activists Mohamad Masud Salamati, Sayed Javad Emami
and Parviz Safaria. The Government was requested to
guarantee the safety and security of the students and to
ensure that their right to the freedom of opinion and
expression is protected as set forth in articles 19 of the
Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights.
6. In a letter addressed on 30 July 1999 to the Minister
for Foreign Affairs, the Special Representative referred to
reportedly official figures, according to which a total of
1,200 persons have been arrested since the beginning of the
student dem onstrations, 750 ofwhom are said to have been
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released. On the same occasion, the Special Representative
forwarded the names of a significant number of missing
personsthathadbeenbroughttohis attention. The Special
Representative was particularly concerned that so many
persons, some of whom reportedly had nothing to do with
the latter days of demonstrations, mayremain in detention
without recourse to family or lawyers.
7. The above-mentioned letter also referred to
communications by the Special Representative dated 18
September 1998 and 22 January 1999 regarding the
insuLicient medical attention provided to Mr.
Amir-Entezam (see para. 1 above). Expressing deep
concern about the continued detention of Mr.
Amir-Entezam and his wife, Mrs. Elahe Mizani
Amir-Entezam, both without apparent cause, the Special
Representative observed thatnoresponse hadbeen received
from the Government to his above-mentioned
communications on this case. Since then, the Special
Representative has been told that Ms. Elahe Mizani Am ir-
Entezam has been released.
8. A letter dated 1 March 1999 from the Permanent
Representative of the Islamic Republic of Iran in Geneva
contained the following information in response to the
Special Representative's letter dated 14 December 1998
concerning the continued detention of four members ofthe
Baha'i Community (see E/CN.4/1999/32, annex para.
7):
I would like to provide you with the following
information received from relevant authorities.
Mr. Ziaollah Mirzapanah was arrested in
Isfahan on charges of illegally establishing
organizations and holding illegal gatherings.
While in detention he complained about his
illness. He was examined by a physician who
recognized that the defendant is suffering from
prostate enlargement and kidney complications.
The court considering the report of the
physician and the age of the defendant ordered his
release on bail till commencement of his trial.
As for other individuals mentioned in your
letter, it would be highly appreciated if further
detailed information, including complete first name,
surname, ID number, place of arrest, etc. were
provided in order to enable the authorities to make
inquiries into the case.”
9. In response to ajoint communication of4 November
1998 from the Special Representative and the Chairman
of the Working Group on Enforced or Involuntary
Disappearances concerning the fate and whereabouts of
Pirooz Faghaei Davani, a political activist (see
E/CN.4/1999/32, annex para. 6), the Permanent
Representative forwarded the following information:
I should inform you that the relevant
organizations and authorities have not yet found any
trace ofMr. Pirooz Faghaei Davani. The case is still
under consideration and any result would be
communicated to you as soon as possible.”
10. Further to his response dated 7 October 1998 with
regard to the death sentences against Sirus
Zabihi-Muqaddam and Hedayat Kashefi Najafabadi, both
members of the Baha'i faith (see E/CN.4/1999/32, annex
/‘ paras. 4 and 5), the Permanent Representative, by a
letter dated 28 May 1999, informed the Special
Representative of the following:
I would like to provide you with the following
information received from relevant authorities in
Tehran.
The Supreme Court, in compliance with due
process of law reviewed the death sentence for
Messrs. Zabihi Moghadam and Hedayat Kashifi.
After the review, the Supreme Court decidedtoreject
the verdict of capital punishment for the defendants
and sent their cases to another competent court for
retrial.”
11. By letters dated 6, 27 and 29 January, 3, 17 and 24
February, 11 March, 3 May, 2 and 21 June, and 5, 12, 14,
19 and 22 July 1999, the Permanent Representative
providedthe Special Representative with the text of several
articles on various subjects published in Iranian press and
international wire services.
12. By a letter dated 2 February 1999 the Permanent
Representative forwarded to the Special Representative the
text of press releases issued by the Permanent Mission of
Iran in Geneva with regard to Election of local councils
throughout Iran” and President Khatami's views on the
upcoming elections of local councils”.
17
