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 in accordance with Commission resolution 1990/79 and Economic and Social Council decision 1990/243
UNITED A
NATIONS :
General Assembly Distr.
GENERAL
4/45/697
6 Novembor 1990
ENGLI SM
ORIGINAl.: ENGLISH/SPANtSH
Forty-fifth session
Agenda item 12
REPORT O THE ECONOMIC AND SOCIAL COUNCIL
Situation a! human rights in the Islamic Republic of Iran
Note by the Secretary-General
The Secretary-General has IIo honour to transmit to the members of the General
Assembly the interim report prepared by Professor Reynaldo Gelindo Pohi
(El Salvador), Special Representative of the Conm%ission on Human Rights on the
situation of human rights in the Islamic Republic of Iran, in accordance with
paragraph 14 of Conmiission on Buman Rights resolution 1990/79 of 7 March 1990 and
Economic and Social Council decision 1990/243 of 25 May 1990.
90—28544 1985—86e (E) I..
A/45/697
Engi ish
Page 2
ANNEX
Interim report on the situation of human rights in the Islamic Republic
o Iran. prepared by the Special Representative of the Commission on
Human Rights in accordance with Commission resolution 1990/79 and
Economic and Social Council decision 1990/243
CONTENTS
Paragraphs Page
I • INTR0DUCTIO* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 — 5 3
II • CO *4UNICATXONS BETHEEN THE GOVERNMENT OF THE ISLAMIC
REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE .......... 6 - 26 3
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE ....... 27 - 132 10
IV. REPORT ON THE SECOND VISIT TO THE ISLAMIC REPUBLIC OF IRAN 133 - 263 36
V • OBSERVATIONS •...............................•. •.•....••. 264 — 291 62
Appendices
I • NAMES AND PARTICULARS OF PERSONS ALLEGEDLY EXECUTED IN THE ISLAMIC
REPUBLIC OF IRAN, SUPPLEMENTARY TO THE LISTS CONTAINED IN PREVIOUS
REPORTS OF THE SPECIAL REPRESENTATIVE .............................,.. 69
II. LIST OF PRISONERS HANDED TO THE DEPUT! MINISTER OF FOREIGN AFFAIRS ON
9 OCTOBER 1990 . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
III. OFFICIAL. PROGRANME OF THE SECOND VISIT OF THE SPECIAL REPRESENTATIVE • 86
IV. LIST OF PRISONERS WHOM THE SPECIAL REPRESENTATIVE REQUESTED TO SEE
DURING HIS SECOND VISIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
V. LIST PROVIDED BY THE GOVERNMENT OF EXECUTIONS CARRIED OUT BETHEEN THE
BEGINNING OF THE CURRENT IRANIAN YEAR (21 MARCH 1990) AND THE SECOND
VISIT OF THE SPECIAL REPRESENTATIVE •...•...••.•...•. ........ 89
VI. GOVERNMENT REPLIES CONCERNING CASES OF EXECUTION LISTED IN PREVIOUS
REPORTS OF THE SPECIAL REPREStNTATIVE ......•...•..•.••..•..... . 94
VII. MEASURES TAKEN BY THE AMNESTY DIVISION OF THE JUDICIARY FROM
23 SEPTEMBER 1989 TO 7 OCTOBER 1990 ........................ .. 95
VIII. CIRCULAR LETTER NO. 1/7553/9 DATED 4 AUGUST 1990 BY THE HEAD OF
JUDICiARY TO ALL JUDICIAL UNITS AND AUTHORITIES . 96
/ . . .
A/45/697
English
Page 3
I. INTRODUCTION
1. At its forty—sixth session, the Commission on Human Rights decided, by its
eso1ution 1990/79 of 7 March 1990, to extend the mandate of the Special
Representative, as contained in omm 4 ssion 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-fifth session on the human rights situation in
the Islemic Republic of Iran, including the situation of minority groups, such as
the Baha'is, and a final report o the Commission at its forty-s ., ienth session. In
its decision 1990/243 of 25 May 1990, the Economic and Social Council endorsed that
resolution.
2. Previously, the General Assembly had decided, by its resolution 44/163 of
15 December 1989, to continue its examination of the situation of human rights in
the Islamic RepubLic of Iran during its forty-fifth session in the light of
additional elemQ its provided by the Commission for Human Rights and the Economic
and Social Council.
3. In compliance with paragraph 14 of Commission on Human Rights resolution
1990/79 an 2 in response also to the General Assembly's decision to keep the
question under consideration on the basis of additional information, the Special
Representative submits herewith his interim report on the situation of human rights
in the Islamic Republic of Iran,
4 As in previous years, the interim report concentrates on oral and written
communications with government officials and on allegations of human rights
violations from non-governmental organisationa and individuals and very briefly
reports on the second visit to the country. Some of the documents received are now
under study aifid if the information they contain proves to be relevant, it will be
considered in the final report. 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.
5. The structure of the interim report is similar to previous reports, and is
accordingly divided into five sections: I. Introduction s II. Communications
between the Government of the Islamic Republic of Iran and the Special
Representative: III. Information received by the Special Representative: IV. Report
on the second visit to the Islamic Republic of Iran; V. Observatior.s. There are
eight appendices.
II. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC
REPUBLIC OF IRAN AND THE SPECIM.. REPRESENTATIVE
A. Communications of a general nature
6. By a letter dated 24 January 1990, the Permanent Mission of the Islamic
Republic of Iran to the United Nations Office at Geneva transmitted the text of a
news release by the Islamic Republic News Agency concerning the amnesty or
reduction of the imprisonment term of a group of prisoners condemned by military
/ . . .
A/45/697
Ifl gliIh
Pee 4
courts. According to the information provided, all those sentenced to year-long
imprisonment by the military courts would be released and the terms of those with
rno& than a year's imprisonment would be slashed by half. The letter specified
that the pardon was decreed on the eve of the birthday of the Prophet's daughter
Fatima As-Zahba by the Leader of the Islamic Republic of Iran, upon the request of
the Head of the Judiciary.
7. On 6 February 1990, the Permanent Mission of the Islamic Republic of Iran to
the United Nations Office at Geneva transmitted a letter addressed to the Special
Repreientative by Mr. M. t4ottaki, Deputy Minister for Foreign Affairs, who, in
reply to a question raised by the Specia... Representative during his first visit to
the country, submitted two examples of judgements in which the High Disciplinary
Court had convictod judges of abuse of authority. The text of the judgement was as
followsi
“Judgement 1/67 dated 17/1/1368 in proceedings brought by the General
Inepectorate against Hojjatolislasn Shaikh Mohammad Nasiri, President of
thvs Islamic Revolutionary Court at Yasd. Shaikh Mohasnmad was found guilty of
violating the rules of procedure while judging the case of
Nc, Mohanmiad Ghoiami, who was on trial for possession of opium, opium extract
and related apparatus. He sentenced the accused to 15 years' imprisonment,
five of which would be suspended on payment of one million totnans. In this
respect, his judgement was unlawful and rendered him liable to disciplinary
sanctions, which the High Court decided should consist in the forfeiture of
one third of the judge's salary and other monthly emoluments for five months,
in accordance with article 4 of the relevant act.
“Judgement 64/1.30 dated 3/6/1364 in proceedings brought by
Messrs. Au Neiri and Vail Neiri against Mr. Hasan Latifi, former judge at the
Islamic Revolutionary Court at Langroud. Following an investigation by the
General Inapectorate, the judge was found guilty of handing down an unlawful
judgement in the case of the brothers Neiri who were on trial for the hoarding
of goods, in so far as he ordered the detention of Ali Held and the
confiscation and sale of the assets of Vali Neiri. The High Court imposed
disciplinary sanctions consisting in two years' imprisonment, exclusion from
ptblic office for five years and compensation, in cash or in kind, for the
losses suffered by Vail Neiri.”
8. By a letter dated 2 May 1990 the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva informed the Special
Representative about the following clemency
“On the occasion of Eid ul-Fitr, marking the end of the month of Rainadan
on 26 April 1990, 260 convicts of the Islamic Revolutionary Court and 13
convicts of the Special courts of the Clergy were pardoned in 14 cities in
Iran.
“On 1st April 1990, the day of the Islamic Republic of Iran, 79 convicts
of the Islamic Revolutionary Courts were released in various cities in Iran.
/ . . .
A/45/697
English
Page 5
“On the occasion of the Iranian JIew Year, on 21 March 1990, 119 other
convicts of the Islamic Revolutionary Courts were also pardoned.”
9. On 14 June 1990, the Permanent Representative of the Islamic Republic of Iran
to the United Nations forwarded to the Special Representative the text of a message
from Ayatollah Mohammed Taqui Ja'afari, inviting him ‘not in the cepacity of the
Special Representative but as a scholar end a scientific and intellectual
personality, to pay a visit to Iran prior to your official visit, during which you
could participate in scientific and legal meetings arranged in your honour ...“.
By a letter dated 20 July 1990. the Special Representative thanked
Ayatollah Mohammed Taqui Ja'afari for the kind invitation explaining that, given
the heavy schedule of academic engagements to which he had committed himself a long
time ago, it would unfortunately not be possible for him to envisage an additional
private visit before his second of 1 icibl visit.
10. By a note verbale of 22 August 1990, the Permanent Mission of the Islamic
Republic of Iran to the United Nations Office at Geneva informed the Special
Representative of the statement delivered by Ayatollah Mohammed Y zdi, the head of
the Judiciary of the Islamic Republic of Iran, on 10 August 1990, in which,
referring to article 35 of the Constitution of the Islamic Republic of Iran,
Ayatollah Yasdi, “once again emphasized that the courts should be held in public
and they must respect the right of every party in a case to choose his or her own
legal counsel and even if the person cannot afford to secure legal counsel, it
would be provided by the Judiciary”, Moreover, a circular letter by the Head of
the Judiciary to all judicial units and authorities, dated 4 August 1990, stressing
the right or the parties to a lawsuit to select an attorney i .i all civil and penal
courts was handed to the Special Representative by the Deputy Minister for Foreign
Affairs at Tebran and is reproduced in appendix VIII to the present report.
11. On 11 September 1990, the Permanent Mission of the Islamic Republic of Iran
sent to the Special Representative a copy of a note verbelo it had addressed on
13 August 1990 to the International Committee of the Red Cross (ICRC). In that
note the Permanent Mission referred to paragraph 167 of the last report of the
Special Representative 1,1 reflectinj a suggestion he had made to the Government
concerning regular visits by ICRC to prisons throughout the country in order to
ascertain the conditions of imprisonment and, in particular, to look into the
situation of political prisoners. The note verbalo stated, inter al& , the
fol1owing “With due regard to the co-operation of the Government of the Islamic
Republic of Iran with the Special Representative of the Commission on Human Rights,
the former invites the International Committee of the Red Cross to visit the
prisons”.
12. By a letter dated 28 September 1990 from the Permanent Representative of the
Islamic Republic of Iran at Geneva, the Special Representative was advised of the
following measures taken by the Islamic Reiublic of Iran in implementation of his
recommendations i
“ . The Islamic Republic of Iran nas officially ia ' ted ICRC to visit
Iran. The invitation was submitted to the Committee through the note No. 2658
dated 13 August 1990 of this Mission. OEis invitation was renewed by
A/45/697
English
Page 6
His Excellency Dr. Velayati, during Mr. Sommaruga's visit to Tehran. ICRC is
presently planning for this visit.
“2. The Islamic Republic of Iran has officially invited the Human Righti'
Centre to rrovide technical and training assistance and, especially send an
expert to give trainings on the preparation of periodic reports, that was
announced in the note No. 2482 dated 30 July 1990 and underlined in
Mr. Tabatabai's meeting with Mr. t4autner-Markhof.
“3. OEe Heed of the Judiciary's general circular letter No. 1/7553/9
dated 4 August 1990, in which Principle 35 of the Constitution was reminded
and underlined. This principle provides for the undisputable right of the
accused to appoint a lawyer for the proceedings in the court. (See
appendix VIII.)
‘ 4. A bill of law was prepared according to which the period of
detention of the accused prior to the pronouncement of the verdict is inclt ded
in their term of prison.
“5. Clemency measures have been pursued and implemented on var1 us
occasions. The details shall be presented during your visit to Tehran.
“6. An academic seminar was held for ‘A Comparative Study of Islamic and
Western Principles of Human Rights' in which Iranian scholars, authorities,
and professors participated. Furthermore, as the Human Rights Centre has been
already informed, an international seminar with the participation of Iranian
and Foreign scholars, including personalities from the Human Rights Centre,
will meet in Tehran for the same purpose in the near future.
“7. Preparation of detailed and elaborate response to the accusations,
allegations and claims presented to you by various groups, that were forwarded
to the Islamic republic of Iran by you. OEese responses will be given to you
during your next visit to Iran.
“8. Expansion of judicial services and works to promote the living
standard of the families of persons sentenced or accused; that includes the
creation of a special fund with the financial support of the government and
benevolent persons.”
B. oinjmj njc etions conceriiing a2 ggtions received by the pe ciaJ.
Representative and transmitted to the Government
13. Since the forty-sixth session of the Commission on Human nights, a great
number of reports alleging human rights violations, including specific incidents
and cases, have been brought to the attention of the Special Repr sentative. In
accordance with the understanding reached during his first visit to the country,
the Special Representative transmittc to the Permanent Representative of the
Islamic Republic of Iran to the United Nations Office at Geneva by letters dated
12 March, 7, 8, 11 and 23 May, 27 June and 9 July 1990, several individual cases
,...
A/45/ 697
English
Page 7
of alleged human rights violations which, in his view, required the urgent
attention of the Government. The Special Representative requested that the
reported incidents or cases be investigated and that he be informed of the results
of the Government's inquiries, as wall as of the situation of each of the persons
concerned, in particular as regards the precise charges brought against them and
all relevant details of their trials.
14. By a letter dated 26 April 1990, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva forwarded to the Special
Representative his Government's response on one of the individual casos transmitted
to it (see para. 33 below).
15. By a letter dated 5 June 1990, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva provided another reply by
his Government on the case of 14 persons accused of espionage (see para. 37).
16. By a letter dated 31 May 1990, the Permanent Representative of the Islamic
Republic of ran to the United Nations Office at Geneva requested the Centre for
Human Rights to provide him with all the information available about allegations of
human rights violations in the Islamic Republic of Iran, so that the necessa y
investigations could be conducted and responses provided.
17. In response to that request, by a letter dated 20 August 1990, the Special
Representative sent to the Permanent Representative a memorandum containing the
main allegations, both general and in terms of individual cases, that had been
brought to his attention by various sources. OEe memorandum included a surary of
the cases transmitted by previous letters, &s well as further allegations ..eceived
by th.e Special Representative, it further recapitulated briefly earlier
allegations as reflected in previous reports on which the Special Representative
had never received the requested circumstantiated explanations.
18. By a letter dated 8 October 1990, a second memorandum was tranGmitted to the
Permanent Representative of the elamic Republic of Iran to the United Nations
Office at Geneva containing further allegations received by the Special
Representative, When communicating the two memoranda to the Government, the
Special Representative expressed the hope that they would facilitate preparations
for his second visit to the Islamic Republic of Iran and thus enable the
authorities to discuss with him in a concrete manner the situations and incidents
of which he had been seized. The allegations contained in both memoranda are
reproduced in section II I of the present report.
19, fly a note verbal, dated 19 October 1990, the Permanent Mission of the Islamic
Republic of Iran to the United Nations Office at Geneva transmitted the translation
of a letter which the Voice and Vision of the Islamic Republic of Iran (Television)
had addressed to the Movemer t for Freedom in reply to its telex dated
22 September 1990, concerning the televised “confession” of Mr. Behbehani (see
para. p30). Relevant excerpts of the letter aie as follows:
“1. Article 52 and paragraph b of Article 55 of the Law governing the
policies of this organization clearly stipulate our policy as follows:
,...
A/45/697
English
Page 8
“Article 52 ‘To enlighten the populace about the devilish plots of the
world colonialists and their internal agents foz the weakening of deviation of
the Revolution'.
“Article 55, paragraph b ‘Denunciation of the activities, plots and
working methods of counter-revolutionary groups and the enemy's fift! Column,
and familiarizing the populace with the nature of their thinking and practice'.
“2. It has been according to these Articles that the Voice and Vision of
the Islamic Republic of Iran has since the victory of the Islamic Revolution
broadcast the trials and confessions of hundreds of members of the traitorous
and counter-revolutionary parties, groups and grouplets which have conspired
in various ways against the Is rmic Revolution and the interer. s of the people
and the country or collaborateJ with the enemiec of tha Islamic Revolution and
the Muslim people of Iran. It might as well be remembered that during the
transitional Government which was in the hands of the Freedom Movement and one
of whose members headed this organization, series of such interviews and
confessions were broadcast on the Voice and Vision. As far as we remember and
the records indicate, no response of the concerned elements has ever been
broadcast.
“3. Broadcasting by the Voice and Vision of the Islamic Republic of Iran
the interview with Dr. Farhad Behbehani represents one such example and is in
line with Article 52 and paragraph b of Article 55 of our law.
“4. Upon receipt of the telephone-gram No. 1-1-46/5400, dated 6/6/1369
(24 August 1990) of the Movement for Freedom, its content has been brought to
the attention of Farhad Behbehani. While reconfirming his previous
statements, he has expressed his readiness to participate in a televised
round-table with his czitics and respond to their objections, and in his own
words, ‘Raise the curtain on other plots'. In case of the willingness of the
members of the Movement for Freedom, this organization will undertake to hold
the round-table.”
C. Communications relating to the second visit of the Special
Representative to IIa Islamic Republic of Iran
1. Conversations with representatives of the Islamic
Republic of Iran
20. On 12 July 1990, the Special Representative met with
Ambassador Sirous Nasseri. Permanent Representative of the Islamic Republic of Iran
to the United Nations Office at Geneva. At that time, the Special Representative
mentioned that he would like to make a second visit to the country with a view to
complying with the terms of the Human Rights Commission's mandate. He 1so
expressed his appreciation to the Government for having allowed his first visit to
the country in pursuance of Human Rights Commission resolutions 1984/54 and
1989/66. He stressed the importance of the meetings held with officials from the
legislative, executive and judicial branch3s of the Government in the Islamic
Republic of Iran. He added that the visit had enabled him to maintain meetings,
, . . .
A/45/697
English
Page 9
conversations and contacts with a number of individuals and organizatiOnB and that
he considered them to be very useful in the implementation of his mandate.
21. The Permanent Representative of the Islamic Republic of Iran to the United
Natious Office at Geneva told the Special Representative that he would transmit his
r” quest to make a second visit to the country to his Government and said that he
was pleased to have had the opportunity to exchange ideas and opinions with the
Special Representative on matters velating to his mandate. Furthermore, commenting
on the request made by the Special Representative concerning the need to receive
detailed replies to the allegations of human rights violations, he said that his
Government had every intention to reply to those allegations. In that connection,
he said that in order to expedite the investigation of the allegations and ensure a
prompt reply, the allegations should be stated in the clearest and most unequivocal
terms. Lastly, the Permanent Representative reiterated the assurance of hi
Government's fI%ll co-operation in helping the Special Representative to i p1ement
his mandate.
2. Written coni iunications
22. On 13 July 1990, the Special Representative sent a letter to the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office at
Geneva stating that: “... it would be my intention to carry out this vieit before
drafting my report to the next session of the General Assembly and I propose as
dates for the visit the week 5 to 30 August 1990”.
23. On 14 August 1990, a letter from the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva addressed to the Special
Representative was received at the Centre for Human Rights, reading as follows:
“1. With regard to the date of your second visit, the suitable date would be
the 1 of September 1990.
“2. While I also appreciated the occasion we had on 12 July 1990 to exchange
views on matters concerning your mandate, I may however regret that for the
lack of time, a certain number of sexious questions remained to be discussed.
Therefore I asked for another meeting with you. Your proposed date i.e. two
or three days before your departure for the Islamic Republic of Iran is too
late. I am aware of your other coeunitinenta but for the seriousness of the
matter, I would be willing to have a meeting with you as soon as possible and
in any place which is convenient to you.
“3. Concerning the communication of the Centre for Human Rights containing
all the allegations which we were expected to receive by the end of July, you
may note that we have yet to receive it.”
24. By a letter dated 20 August 1990, the Special Representative informed the
Permanent Representative of the Islamic Republic of Iran to the United Nations
Office at Geneva that health reasons prevented him from travelling to Tehren on
1 September 1990, as suggested by the Government, and that he would propose as soon
, . . .
A/45/ 697
English
Page 10
as possible new dates for the visit, which, for the above-mentioned medical
reasons, could not take place before the end of September. The Special
Representative assured the Permanent Representative that he would made every effort
to arrange for another meeting with him as soon as feasible before his departure to
Tehran.
25. By a letter dated 17 September 1990, the Special Representative proposed the
period from 6 to 11 October 1990 as new dates for the visit, adding that he could
meet the Permanent Representative at Geneva on 28 September 1990. By the same
letter, he communicated a list of personalities and places that he would like to
visit and reminded him that the terms of reference of his visit remained identical
to those described in the . nnex to the letter addressed on 24 No 'ember 1989 to the
Permanent Representative of the islamic Republi- of Iran to the United Nations.
26. 3y a note verbale dated 5 October 1990, the Permanent Mission of the Islamic
Republic of Iran to the United Nations Office at Geneva confirmed its previous ore'
reply that the visit could take place during the period from 8 to 16 OctobeL' 199C
III. INF MATIOW RECEIVED BY THE SPECIAL REPRESENTATIVE
27. The following paragraphs contain a.1]i.gations of human rights violations
received by the Special Representative and transmitted to the Government of the
Islamic Republic of Iran by memoranda dated 20 August and 8 October 1990. OEe
memoranda also reproduce taiose alleged incidents and cases which the Special
Representative had transmitted by previous letters. Replies received from the
Government w.th regard to the allegations have also been reflected in this section.
A. Right to life
28. According to a report by the daily Abrar , a man condemned for fornication with
a close relative was publicly executed in Mashed. Agenca France Pressa reported on
16 January that, according to news received from Tehran, a 31-year-old woman
convicted for prostitution had been stoned to death in Bander Ansali. On
31 January Jombouri miami published a declaration of the Komiteh Commander of the
rrovince of West Azerbaijan, according to which a ring of persons engaged in
prostitution and corruption had been arrested and five of them had been stnned to
death. According to a report by Ressalat on 15 February 1990, Gholam Resa t4asouri
was hanged in Arak for pederasty.
29. IQ1JIIQj .LLLJ,JMj reported on 17 February 1990 that Bolouch Ismalel Zehi had
been executed for drug trafficking. On 10 January Radio Tehran announced that
31 persons convicted of drug trafficking had been executed, 23 of them in Tehran,
3 at Shiraz, 3 at Sabzevar and 2 at Saveh. According to Ressalat of 11 February, a
married couple accused of drug trafficking was sentenced to death in Saveh.
30. Dailies from variou. .. countries published the statement of Mitre Moazex (21),
claiming that she had been forced to witness the death by burning of 37-year-old
woman and two 18-year-old men in an Iranian prison. According to these reports,
/ . . .
. A/45/697
English
Page 11
they had been thrown into a furnace by guards, named Jamehid Sohrabi and
Mojtaba Halvai. Reportedly, she had been imprisoned from 1981 to 1984 for having
taken part in an anti-government demonstration and had been tortured for 85 days
before being interrogated. When she was freed, she visited the family of one of
the young men, named Asghar Ghorbani t4aleki, who told her that prison guards had
brought them a box containing Asghar's ashes and that, as a consequence of the
shock this had caused, the young man's father had committed suicide.
31. Abbas Raissi, navy officer stationed at Chah Bahar was said to have been
arrested around September 1989 in Chah Bahar on unknown charges. The source of the
information presumed that his arrest, as well as the arrest of a group of other
persons, related to an incident in which a Government opponent, of whom Mr. Raissi
was a close friend and distant ..elative, was smuggled out of the Islamic Republic
of Lran. The group arrested at the same time included two of the opponent's
nephews as well as his bro .her, Mohammed Karim Naroui, who was the Read Postmaster
at Chah Bahar, and was executed at Zahedan on 28 January 1990 (8 Bahman 1368),
reportedly having been sentenced to death at a trial the previous day. Mr. Raissi,
who was detained at either Chab Bahar or Zahedan prison, was said to be at imminent
zisk of execution; the charges brought against him were not known and no
information was available as to whether he had been tried. By a letter dated
12 March 1990, the Special Representative requesttd information about the charges
brought against Mr. Raissi, whether he had been tried and, in the affirmative case,
asked that all relevant details concerning his trial and sentence be provided to
him. The Special Representative also appealed to the Government, in case
Mr. Raissi had been sentenced to death, to consider granting clemency or at least
to ensure that all safeguards stipulat.d in the International Covenant on Civil end
Political Rights, particularly in its article 14, had been fully respected in the
preceding trial.
32. According to a cable from Nicosia, Cyprus, that appeared in the International
Herald Tribui on 29 March 1990, Abbas aissi and Abmed Jtrnghi Rasni were convicted
of espionage, robbery and c unter-revo1utionary activities and hanged in
south-western Iran, in the region of Seistan, according to reports by the Islamic
Republic News Agency.
33. By a letter dated 26 April 1990, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva replied that Mr. Ralesi had
been tried on spying charges for collaborating with Iraq during the imposed war end
had been condemned to death. The death sentence was carried out after due judicial
process end all solemn rites were performed. OEe Permanent Representative added
that the relevant judicial file would be made available upon request.
34. By a letter dated 7 May 1990, the Special Representative thanked the
Government for its reply and requested the relevant judicial file concerning this
case. Re reiterated his interest in examining the files in the meeting with Deputy
Minister for Foreign Affairs Mr. M. Mottaki, held at Tehren on 9 October 1990.
35. On 28 April 1990, the newspaper Kayhan published a report by the Islamic
Republic News Agency to the effect that the Prosecutor General of the Tebran
Revolutionary Court had announced that 10 persons accused of espionage would be
/ . . .
A/45/697
English
Page 12 .
executed in thu next f ow days. Other sources reported directly to the Special
Representative that Mr. Jamshead Amiry Bigvand, formez, Director of the Marodasht
Shires Petrochemical Laboratory, and 13 other persons had allegedly been convicted
on the charge of espionage for the United States of America, an offence for which
capital punishment might be applied. Reportedly these persons had been held for
months in solitary confinement at Evin prison, and had not been allowed to avail
themselves of legal assistance of their own choosing. It was further alleged that
confessions had been extracted under torture and that some of them had been
compelled to make extrajudicial confessions which were broadcast by the Iranian
television. The Special Representative requested to the Government by a letter,
dated 8 May 1990, that all 14 persons be enabled to benefit from all the procedural
safeguards provided for in articles and 14 of the International Covenant on Civil
and Political Rights and also safeguards 5 and 6 of the annex to Economic and
Social Council resolution 1984/50 of 25 May 1984, entitled “Implementation of
safeguards guaranteeing the rights of those facing the death penalty'. The Special
Representative further requested infnrmation on the precise charges brought against
these persons and all relevant details of their trials. Finally, the Special
Representative appealed to the Government that, in the event that all legal
remedies had been fully exhausted, every possible consideration be given to the
granting of clemency to those persons.
36. On 11 May 1990, the Special Representative, pursuant to his letter dated
8 May 1990 and reiterating the requests expressed therein, communicated to the
Permanent Representative 10 more names of persons allegedJy belonging to the
above-mentioned group of 14 as followsi Dr. Bahman Agahy, Legal Advisor of the
Iranian Foreign Ministry; Hooshang Amjadi Bigvand; General Ardeshear Ashraf;
Nanochehr Asar, Attorney; Masoud Deadehvar, Planning Advisor for the Iranian Oil
Company; Navy Captain Kyanoosh Hakeamy; Colonel Bahrasn Ikany; Heahmatolah Magsoody,
Clergyman/Attorney; Captain Gabraman Maleksadeh and Colonel Masoud Payaby.
37. By a letter dated 5 June 1990, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva forwarded to the Special
Representative the following response of the judicial authorities of the Islamic
Republic of trans
“According to the article 37 of the Constitutln of the Islamic Republic
of Iran, and as contained in the second paragraph of article 14 of the
International Covenant on Civil and Political Rights, no person shall be
considered guilty by law unless the accusation against him is proved by a
competent court end the courts are naturally obliged to act accordingly;
“In the light of information received by the Islamic Revolutionary Court,
those people were arrested and tried in accordance with the law. In addition,
they were entitled to appoint a legal counsel ane they duly and friely
defended themselves during the trial;
“With regard to the right of the accused to resort to higher court, it
should be mentioned that the sentences issued in accordance with law could be
reviewed in the Supreme Court. Consequently, after the issuance of the
verdicts all the accused requested for a review by the court of appeal.
- /..•
A/45/ 97
English
Page 13
Investigation, therefore, was conducted on their request and the verdicts of
the two of the accused were referred to another court for re-examination.”
38. On 19 February Radio Tehra announced that 31 persons had been executed for
drug trafficking and organizing prostitution in the oitiea of Tehran, Sabeevar,
Karaj, Arak, Kerman, Boushahr, Sari, Qom, Bakhtaran and Rashat. Radio Tehran
supplied the names of those executed in each of those cities. Other sources stated
that the charges were formation of and participation in international
drug-trafficking bands, importing, transporting, purchase and sale of opium, heroin
end hashish, corruption and establishment of prostitution centres, perverting girl.
end married women and corrupting the younger generation. Accotding to an article
which appeared on 20 February 1990 in the newspaper a communiqu issued
by the Office of the Prosecutor General stated that decisive legal action against
the drug traffickers will continue. The article also indicated the names of the
30 executed persons (see appendix I).
39. It has also been reported that 18 prisoners were executed on 17 and
27 April 1990 in the City of Sanandaj. It was asserted that they were militants
who attended May-day celebrations in Sanandaj last year. The names of 14 persona
belonging to this group were given as follows: Hehdis Bolur-Forush,
Jamal Cheragh-Disi, Nader Fat'hi, Seid Saleh Hossieni, Naser Jalali,
Ahmad Mohamadi, Mi Ashraf Noradi, Mohsen Othman Pour, Abmad Parvizi,
Mohamad Rozaii, Naser Sobhani, Anver Shariati, Roya, Bakhtiari.
40. It has further been reported that on 14 February 1990 a judicial panel sent to
Hemaden on behalf of the Head of the Judiciary issued the following sentences:
(a) Gholamhoasein Golsar, 27 years old, discharged employee of the
Agricultural Bank of Hamadan; 74 lashes for conuititting robbery: 92 lashes for
participation in a forbidden act, bad decapitation by the just sword of the ‘
Imam Au;
(b) Gholainhassan Goizar, aged 28, discharged employee of the Hamadan
MunIcipality: 74 lashes for coanuitting robbery: 14 lashes for participation in a
forbidden act, and decapitation by the just sword of Imem AlL;
(c) Resa Khanian, 23 years old, fruit and vegetable centre clerk: 74 lashes
for coiamitting robbery; 50 lashes for participation in a forbidden act; amputation
of hand for convnitting assault and battery and hanging by scaffold.
41. The newspaper Kayhan announced on 3 January 1990 that Khodakaram Zamani, given
a retributory death sentence for the murder of Morad-Ali Resai, was executed on the
main square of Khorramabad.
42. Th, newspaper announced the following executionsi Gholwn Zanbgian
and Raghid Noor-Mohammadi, in Bakhtaran, on 6 January 1990, for murder,
Ahmad Souri. for murder, on 9 January; two persons whoa. names were not announced,
in Mashed on 1 January 1990, for murder: and the murderer of a 13-year-old girl,
hanged in khwaz.
/ ...
A/45/ 697
!ngliah
Page 14
43. The Special Representative has been particularly shocked of the news of the
assassination on 24 April 1990 in Coppet, Switzerland, of Mr. Kazem Rajavi, who
repreaented the National Council of Resistance before various United Nations
bodiee. All those who knew Mr. Rajavi were deeply moved by that ill-fated
occurrence. On behalf of himself and his colleagues, the Special Representative
wishes to zpress his condolences as well as his profound concern and most forceful
repudiation of the use of blind violence in lieu of free discussion and the
interplay o ideas. Numerous communications were received alleging that the
assassination was carried out by agents of the Iranian Government. According to
the Tehran Times of 26 June 1990, Foreign Ministry spokesman Morteza Sermadi had
expressed the hope “that the Swiss judicial officials through their thorough and
fair investigation of the case conducted away from any pre-judgement, prevent
materialization of conspiracies end plots of enemies of the nation and the
Governnien ”. In $ his connection, the Special Representative, by a letter dated
19 September 1990, drew the attention of the Permanent Observer of Switzerland to
the United Nations Office at Geneva to resolution 1990/8 adopted on 30 August 1990
by the Sub-Commission on Prevention of Discrimination and Protection of
Minorities. In that resolution, the Sub-Commission had expressed the wish that all
facts and circumstances of the assassination of Mr. Kazem Rajavi would be fully
investigated and that the Special Representative include information available to
him on the investigation in his next report. The Special Representative requested
that he be provided by the Government of Switzerland with any information that it
would be able to make available to him with regard to the investigation of the
case. At the time of the finalization of the present report, the Special
Representative had not received the requested information.
44. The assassination of Mr. Rajavi generated fear in persons visiting the Palais
des Nations to give information about human rights in the Islamic Rdpublic of
Iran. They took extraordinary precautions so as not to draw attention to their
lives and their beliefs and asked for special police protection, in some cases
notifying the competent authorities in advance of their movements in Geneva or
requesting interviews outside the Palais des Nations,
45. It has also been widely reported that the Iranian Government has endorsed the
death sentence pronounced by Ayatollah Khomeini against the British author
Salman Rushdie. On 5 June 1990, the Leader of the Islamic Republic of Iran,
Ayatollah Au Khameue'i, reportedly stated that the fatwa (religious verdict) of
the late Imam Khomeini concerning the author was based on divine rulings and
remained irrevocable.
46. In many communications the Special Representative has received, it has been
asserted that the families had never been officially notified that their relatives
had been executed. In addition, those that were notified were often not told where
their relatives had been buried.
47. It has been reported that as of January 1990 per oris have been executed in the
Islamic Republic of Iran for their homosexual or lesbian tendency. It was asserted
that at least five suh executions took place in January 1990. .
/ . . .
Ai'45/697
English
Page 15
48. The Special Representative has repeatedly received expressions of fear that
the serious accusations formulated against the co-signatories of the open letter
which Mr. Mehdi Bazargan, Prime Minister of the first provisional Government of the
Islamic Republic of Iran, had addres ed to the President of the Republic, could
result in executions. Particular concern was expressed over a televised
‘ confession' by Mr. Farhad Bebbehani, a member of the dissolved Association for the
Defence of Freedom and Sovereignty of the Iranian Nation, in which he reportedly
admitted connections between the association and foreign Governments. In this
connection, the Special Representative wiahes to emphasixe that such extrajudiolal
confessions are contrary to internationally recognised standards of due process.
49. Other individual cases were reported as followsi
(a) Mr. BizhanAbmadian It has been reported that he was shot in a street
in Babol and that the authorities refused to return his body to the family.
Subsoquently, his parents and some other members of his family were allegedly
arrested;
(b) Mr. Mohanunad FadaUs It has been reported that he was sentenced to
five years imprisonment. At the end of his prison term, which was spent in Meshed
prison, he was released. In 1988, allegedly without any reason, he was again
arrested, subjected to several kinds of torture, and executed;
(c) Mr. Aniir Taavoni-Ganjis It has been reported that in 1987
Mr. Taavoni-Ganji, his wife and daughter. left Iran out of fear for their safety
and liberty. When he returned for a short visit in 1988, he was immediately
arrested and taken to Evin prison. In November 1989, the prison authorities asked
his family to collect his clothes and other belongings, as he had been executed;
(d) Mr. Mohanunad Ansin Daneabs It has been reported that he was executed on
12 January 1986 in Iranshahr and that his body was burned by the Guardians of the
Islamic Revolution;
(e) Mr. Davoud )lohanuwadis A former veterinarian working in the Veterinary
Office of Arak city. It has been reported that he was executed in October 1989 on
charges of drug trafficking, but that the real reason for his execution was to be
found in his political activities opposing the Government.
50. Further names of persons who were allegedly executed, updating the lists which
the Special Representative annexed to his previous reports, wer.i included in
annexes to the two memoranda. OEey are reflected in appendix I to the present
report. The Special Representative requested the Government to provide him with
detailed information on the relevant charges and trial proceedings for all persons
mentioned.
, . . .
A/45/ 697
!nglieh
Page 16
B. Right to freedom from torture or cruel. inhuman or degrading
treatment or unishmenti allegations concerning torture,
ill-treatment and pxison conditions
51. Reports on torture and ill-treatment during imprisonment have continued to be
received since the first visit of the Special Representative to the Islamic
Republic of Iran. It was also alleged that mutilations and corporal punishment are
being applied. In this context, it is pertinent to note that gence France Presse
reported that, according to Kayhan , a person convicted for robbery suffered the
amputation of four fingers on his right hand in Ghasr prison at Tehran. On
20 January 1990, the same news agency reported that two persons condemned for
robbery had suffered the amputation of four fingers on their right hands. The
sentence was reportedly executed in front of a large crowd that had assc.mbled for
Friday prayers.
52. By a letter dated 23 May 1990, the Special Representative inquired about the
situation of Dr. Au Reza N siri, reportedly being detained on unknown charges at a
prison situated at 21, Mohsangi/Asadi Street in Mashad nd suffering from an acute
eye disease, resulting from diabetes, which urgently required surgery. According
to the information received by the Special Re resentative, Dr. Nasiri was arrested
by the Pasdaran in Mashad in 1989. The Special Representative asked to be informed
of the charges brought against Dr. Nasiri, as well as of the relevant details of
his trial proceedings. He also requested the Government to ensure that Dr. Nasiri
receives every medical treatment required for his condition.
53. By a letter dated 15 June 1990, the Special Representative inquired about the
situation of Mr. Nouz -eddine Kianouri, former First Secretary of the Tudeh Party,
whom he met at Evin prison during hia first visit to the Islamic R public of Iran.
According to the allegations received, Mr. Kianouri had been placed in solitary
confinement shortly after the departure of the Special Representative from Tehran
and had no longer been allowed to receive visits.
54. The Special Representative has also been informed that Mr. Kianouri's wife,
Mrs. t4eriam Feirouz, was placed in solitary confinement, despite her advanced age
and poor health.
55. In addition, the Special Representative received the following allegationsi
(a) Jamehid Amirl-Bigvand , 52 years old, former Director of Marodasht Shiraz
Petrochemical Laboratory. was arrested on 18 September 1988 in front of the
above-mentioned laboratory. Mr. Amiri was placed in solitary confinement in Evin
prison and was allegedly torturedi
(b) Paryin Ainiri-Bigyand , 51 years old, wife of Houshang Amjadi-Bigvand , was
arrested in November 1988 at her residence in the city of West Kota with her
husband and her children. She was placed in solitary confinement for eight months
and then released. She was allegedly tortured during her stay in solitary
confinement, .
/ . . .
A/45/697
English
Page 17
(c) Housnang Amjadi-Bigvand , 51 years old, self-employed, was arrested in
November 1988 at his residence in the city of West Kots. His children and his wife
were also arrested at the same time. He was placed in solitary confinement in Evin
prison where he was allegedly tortured. Although his general r'r ndition of health
was reportedly poor, owing to a bleeding stomach ulcer, Mr. A ijadi had eported1y
not been permitted to receive medication from outside the prison;
(d) Raza Arbabi , 38 years old, was reportedly arrested in 1983 and kept in
Mashad prison. On 22 June 1984, he was sentenced to 15 years' imprLsonment by the
Mashad Court. Later he was transferred to Gohardasht prison, allegedly in a
serious condition. Since 1988, his family have had no news about him;
(e) 1x . Yagoub ahramy . It has been reported that he was repeatedly
subjected to beatings in Ghasr prison;
(f) t4x Ae QJ .1ah_Ba ,yat. It has been reported that he was repeatedly beaten
with cables in Ghasr prison, resulting in mental problems;
(q) M A d shir Bojw n . It has been reported that he was arrested in
December 1989 for refusing military service. H was reportedly beaten up and his
jaw broken;
(h) Mr. Kern n nj. It was reported that he had 5tstributed pictures of
the late Shah and displayed the former Irazian flag in Valiehd Square and
Pole-Seyyed Khandan. Reportedly, he had been arrested by the revolutionary guards
at the house of a certain Mr. Misaghieh at Shemiren and taken to the Komiteh in
Jamaran District, where he was allegedly tortured; as a result, his jaw and teeth
were broken;
(i) Mr Asian Fadavy . It has been reported that at Euin prison he suffered
severe beatings;
(j) Mr. Masood Farjad. angina . Security officers allegedly used burning
cigarette butts to inscribe on his back “death to opponents of Velayate Faghih”
(religious guide);
(k) Mr. Navabali Gh eji maghami . It has been reported that he was subjected to
various forms of sexual abuse and psychoJogical torture in Ghom prison. He wee
allegedly forced to watch other prisoners being tortured. Several times, his
clothes were reportedly soiled with the urine and excrement of other prisoners;
(1) t' s._OEhere Hadadian anjani, aged 53, reportedly spent more than five
years in prison, partly in solitary confinem v P. As a result of being flogged on
the soles of her feet with cables, and other kinds of alleged torture, she had to
undergo surgical operations;
(m) 1s. Sora a H gbi1iefls . It has been reported that the Procurator of
Tabriz prison allegedly ordered her arrest when she refused his sexual advances.
In prison she was allegedly flogged and forced to witness other prisoners being
tortured,
/ . . .
A/45/697
English
Page 18
(n) Mr. Ahmad Khanzaanapouz . It has been reported that he was imprisoned from
1981 to 1986 in Evin. Gohardasht and Ghezel-Hesar prisons. Despite the fact tha
he has epilepsy, he was allegedly subjected to different kinds of torture. In
particular, it was reported that ne was beaten with cables, that his genital organs
were connected to electric wires and that he was forced to witness other prisoners
being tortured. Allegedly, the prison guards used to confiscate the drugs he
needed to treat his epilepsy, and whai he had epileptic fits, medical care was not
provided except in the most criticel situations;
(o) t4r. Habib Maffj . It has been reported that the p ison guards in Tabriz
broke his teeth during beatings. Reportedly. he also suffers from severe mental
problems as a result of torture:
(p) Mr. Ebrahim Mazrg.j.j . It was alleged that he was unlawfully imprisoned
end tortured. He reportedly filed a complaint with the authorities, but to no
avail:
(q) Mr. Afrasiab Pakzaddgan . It has been reported that, on two occasions at
Ohom prison, he was tied to a chair while dogs were incited co attack him;
(r) John Paths , citizen of the United Status of America. It is reported
that he has been held in Evin prison for four years. The prison doctors have
allegedly stated that he is suffering from severe anaemia due to malnutrition, from
weight loss, baa of hair and that his skin has a green hue:
(8) Mr. Eahim Rahseparian . It has been alleged that he was forced to perform
various sexual acts in Tabriz prison:
(t) LIIM&d Rashed-Maz andJ , 32 years old. He was arrested in 1981 at Tehran
and sent to Evin prison, where he allegedly was under constant torture. In 1983,
he was sent to Ghasr prison at Tehran. Since 1989, the prison g .iards have not
allowed any meetings with him. Since then there has been no news of
Mr. Rashed-Marandi;
(u) Mr. Mpstafa Salehyar . It has been reported that four prison guards
sexually abused him and that he was beaten on his genitals:
(v) Mohai' mad Raze Sedaghat , former manager at ne of the Government offices.
It has been reported that he is in prison without any charge and trial, and that he
has suffered from torture many times, resulting in serious damage to hi feet;
(w) Ms._Fatema1e .i i-Asj1.. It was reported that she was arrested in 1981 on
the accusation of being a Mojahedin syi pathizer. While in prison, she was
allegedly subjected to torture, resulting in serious mental disorder. She was
released in 1988, after six years of imprisonment:
(x) ni bid Torabi , 37 years old, was arrested in 1982 and taken to Evin
prison. There he was given a brief trial, reportedly without the presence of a
lawyer for his defense. He was sentenced to an undefined period, from 15 to
17 years' imprisonment. Later he was transferred to Goharda3ht pris n, where he
/ . . .
A/ 45/697
Eng 11 sh
Page 19
was held until the spring of 1989, when he was transferred back to Evin prison.
Allegedly he has been severely tortured several times during his years of
imprisonment;
(y) ML Mehrang,i . Q n j% . It ha been reported that she wa arrested in
1981 snd charged with being a Mojahedin sympathizer. She was imprisoned for two
and a hale years in Tabria prison. It was asserted that in prison she was
subjected to different kinds of torture anc. rape. Allegedly as a result of having
been raped repeatedly, her intestines were damaged and she had to undergo a
surgical operation. She was hospitalized for 18 months, first in the hospital of
Tabriz prison and then in an ordinary hospital. It is alleged that she has not yet
fully recovered.
C. Administration of justice
56. It has been reported that, although the Administrative Regulations Governing
the Revolutionary Courts and Public Prosecutor's Offices stipulate that an Islamic
revolutionary court should be presided over by a religious judge and that it should
be composed of as many as five members, in practice, such courts have consisted of
only one judge discharging his duties in t summary fashion. Allegedly, hearings
before such courts have in many instances been a matter of minutes only.
57. It has also been re orted that trials before Islamic revolutionary courts have
usually taken place in secret, sometimes inside prisons, that defendants have not
enjoyed the right to be re2resented by a lawyer, and often have not even been made
aware that the proceedings were in fact a trial and not an int.irrogation session.
58. It has been reported that prisoners may be held in indefinite pro-trial
detention. The principle of presumption of innocence is allegedly not respected,
particularly when the subject is accused of baing a member of an armed opposition
group. It was said that lawyers generally do not accept cases of such a nature in
order not to be suspected of being armed opposition sympathizers themselves. The
absence of lawyers in political trials has been considered as one major shortcoming
in the procedures of revolutionary courts. Others were said to consist in the
denial of the right of the accused to call witnesses in their own defence, and in
the absence of the right of appeal against verdict and sentence. In this
connection, it may be recalled that, during his first visit, the Special
Representative was informed by the President of the Supreme Court of Justice that
the right of appeal is recognized and that no exception is made in cases under the
jurisdiction of the revolutionary courts. However, Article 11/2 of the
Administrative Regulations Governing the Revolutionary Courts and Public
Prosecutor's Offices precludes the possibility of any revision being made to the
judgements of Islamic revolutionary courts. (For the explanations received from
the authorities in this regard see para. 206.)
59. It was also said that, in the proceedings of revolutionary courts, the
requirement for adequate time and facilities for the preparation of a defence is
generally not met. Reportedly, during the period of investigation 1 persons to be
tried before revolutionary courts are frequently held in solitary confinement and
,...
A/45/697
Bngl iah
Page 20
incommunicado and are not informed sufficiently in advance of the date of their
trial. It was further alleged that in practice the Islamic revolutionary courts
give greater priorit.y to handing out exemplary punishments than to ensuring that
the accused receive fair trial.
60. Other reports alleged disregard ot court sentences by arbitrary extension of
the terms of imprisonment, execution of inmates sentenced to life or imprisonment
of various durations or rearrest of persons who already completed their prison
terms.
61. With regard to the administration of justice in cases of drug trafficking, it
has been reported by the newspaper Abrar that, in conformity with instructions
given by the Deputy Chief of Intelligence of the General Committees Command, since
the entry into force of a new law against drug trafficking, 50,000 drug addicts
have been arrested, including 19,822 heroin addicts, 22,963 opium addicts, and
7,215 hashish addicts. According to figures provided by Radio Tehraz on
10 January 1990, out of a total number of 800,000 drug addicts in the country,
50,000 have been arrested. On 24 January 1990, Radio Tehran announced that
335 drug traffickers and pushers had been arrested on 21 January, as well as 2,231
addicts, and that all had been handed over to the judicial authorities.
62. OEe Special Representative has been apprised of the following specific cases
of alleged irregularities in the administration of justice, which were reported as
follows:
(a) Ms. MLtraAmeli , aged 36, widow, medical doctor, daughter of Ziaedin and
Aghdas. It has been reported that she was ar .ested on 9 October 1984 and sentenced
to seven years' impriso ment. Her husband, Mr. Anoushirvan L.ofti, one of the
leaders cjf Pha Organization of Iranian People's Fedeyan. was arrested in 1983 and
executed in 1988. Her daughter, Khatereh, was born in prison on 30 March 1984. On
28 April 1984, the child was given to Mitra Ameli's mother for care outside the
prison. It was reported that Ms. Anieli's release, due in 1990, had been made
contingent upon her publicly denouncing the activities of her late husband;
(b) Mr. Roge.r. Cooper , British, aged 55, businessman. It has been reported
that he was arrested on 7 December 1985, apparently for overstaying his iisa. He
was allegedly held without charges, and was refused any consular visit until
August 1986. During the early months of his detention he was described publicly as
a British spy and was portrayed in a television interview as confessing to vague
spying charges. However, no charges have ever been announced and no public trial
held. Consular access has allegedly been inadequate. Ha has received only six
consular visits from members of the British Interests Section and four from members
of his family since his detention. His right to send and receive mail has
reportedly been seriously limited, although this is said to have improved in recent
months. Rumours were reported according to which he had been sentenced to two
terms of impri onnient on spying charges, with the result that he would not be
eligible for release until about 2003;
(c) Jamahid. Fadac was reporte.ily executed in the city of t4asjed Solaiman
after four months of imprisonment and without a trial. During his time in prison
his family was not permitted to visit him;
/ . . .
A/45/697
English
Page 21
(d) Mehrdad Fadac . It is reported that he was executed in the city of Masj.d
Soliaman after 4 months of imprisonment and without a trial. During his detention
his family was not permitted to visit himi
(e) Mr. aeed accountant in the Office of the Justice Ministry in
Tonekabon. It was reported that on 3 December 1989, 10 Guardians of the Islamic
Revolution went to his house, took away some of his private documents and
intimidated his wife and children. Later in the day, two Guardians of the Islamic
Revolution came to his office and took him to Nashteroud prison, blindfolded end
handcuffed. The Guardians told him that his arrest warrant had been issued by
Mr. Raniexanipour, Public Prosecutor of the Islamic Revolution in Tonekabon. In
prison, Mr. Firoos was asked to sign some prepared texts incriminating certain
officials of the Justice Ministry end secular judges in Tonekabon who had sentenced
some Guardians of the Islamic Revolution to death for having carried out
assassinations. Mr. Firoos refused to sign the papers and as a consequence was
allegedly tortured. His wife reported the matter to the Office of the Inepectorate
General at Tehran. Two inspectors came from Tehran and reportedly confirmed that
the prison authorities had tortured Mr. Firoos and other prisoners. However, later
the inspectors returned to Tehran as a result of pressure exercised by higher
religious authorities without concluding their investigation. When Mrs. Firoox
tried to pursue the matter in Tehran with the Office of the Inspectorate General,
Guardians attacked and confiscated her car. Mr. Firoos subsequently menagod to
escape from prison:
(f) Ms. Hura Fuladp ux , aged 38, married, teacher, daughter of Ghauem and
Sedigheh. It was reported that she was arrested in February 1983 in Tehren and
sent to Evin prison. She has allegedly not been informed of the reasons and
duration of her imprisonmenti
(g) Ma. Zohrah ..Q .a j , aged about 35, widow, high school teacher and editor
of a young women's newspaper of the Youth Orgenisetion of the Tudeh Party,
Azar&khaij . It is reported that she was detained as e' e wee going to a meeting at
the Party's offices in Tehran in early 1983. Her husband, Mr. iumare Zarshenas,
and another 50 people were arrested on the same day. For about six months after
Zohreh Ghaeni's arrest, there was no news of her whereabouts and no one wee able to
see her. Subsequert to televised confessions by several Tudeh Party leaders, she
was able to telephone her family. Two or three months later, the euthoriti. at
Evin prison notified her family that they would be permitted to visit her once
every two weeks. She was allegedly not tried until about three and a half years
after her arrest. Her trial reportedly consisted of her being brought before a
mulleh who sentenced her to eight years' imprisonment. This sentence was to run
from the date of trial and did not take into account the period of pre-trial
detention. The precise charge against her is allegedly still not known.
Reportedly, she was told by the prison authorities that she must divorce her
husband. as he was a communist end an atheist. She refused to comply and her
husband wat executed in autumn 1988. During the time of the Government of the
Shah, Ms. Ghaeni spent one end a half years in prison as a result of her political
activitiei ;
(h) Mahmoi d.kiu.s,azi.j was reportedly sentenced to seven years' imprisonment end
executed shortly before completion of his prison term,
,...
A/45/ 697
V nglish
Page 22
(j) 5ussan HppseLnspdeh-Arabj , born in 1962 in Rasht, was reportedly detained
on 15 September 1981 and executed in the city of Rasht on 14 September 1989,
allegedly without any trial;
(j) j4s. Fatemeh Hosseinsadeh-Tussi Moghadam , also known s Giti Azareng, aged
about 40, widow, employee of an insurance company. It has been reported that she
was arrested in April 1983 with her two-year-old son, who was imprisoned with her
but later released and handed over to relatives. She was sentenced to 13 years'
imprisonment, apparently for having links with the Tudeh Party. Her husband.
Saeed Azarang. was executed in the latter part of 1988:
(k) . jDtemeh .Js ,. dj, aged approximetely 40, widow, medical doctor. It was
reported that she had beeu a political prisoner under the Shah's r gime and was
again arrested in February 1983, at the same time as her husband,
Mr. Faribors Salehi, for activities in support of the Organization f Iranian
People's Fedeyan. Her husband was executed in 1988. She was sentenced to 20
years' imprisonment after a summary trial. While in prison, she has allegedly
contracted tuberculosis:
(1) Mahin Jahangji.j , 26 years old, was reportedly imprisoned in 1981 in
Semiron. After approximately 35 days in prison, she was allegedly executed without
trial:
(m) MQ i ITILTIg Gholi Jahangiri , 24 years old, was imprisoned in 1981 in
Semiron, and allegedly without any trial, was executed after 35 days in prison,
(n) Mt niHQJ sh ngi mLani. It has been reported that he was arrested
in 1984. In 1986 he was sentenced to 30 years' imprisonment. Since 1988 he has
not been allowed to receive vi*iits. His present whereabouts are unknown;
(o) Ms. Malekeh Mohammadi , aged about 65, widow, journalist and editor of the
Tudeb Party newspapers Mardoni and P nya. She was arrected in April 1983, along
with Meriam Firouz, and sentenced to death, but the sentence was later commuted.
The charges on which she was convicted are unknown. She was married to
Mohanz ed Pour-Hormozan, a leading Tudeh Party figure, wno was executed in the
autumn of 1988;
(p) ffieyyed-MehdLi1 a.i.y , 64 years old. It has been reported that he has been
detair... d since 24 April 1988 without any charge or trial, allegedly because his son
was a Mojahedin supporter;
(q) Mr. t4ohammad-Taghi Rahimp our , assistant lieutenant in the Army. It was
reported that he was arrested in 1981, allegedly because the Guardians of the
Islamic Revolution were unable to arrest his wife, Ms. Zahra Noun, accused of
being a Mojahedin sympathizer. In 1982, he was sentenced to life imprisonment In a
summary trial which reportedly lasted five m nutes;
(r) Au Reza Rajaj , born in 1957, was reportedly executed in 1989 after six
years of detention in Evin, Gohardasht and Ghezel-Hesar prisons. Reportedly, he
had been sentenced to only five years:
,...
A/45/697
English
Page 23
(s) Ms. t4wiijeh Riazi , aged 36, married, utudent, daughter of Jaber. It has
been reported that she was arrested in June 1981, sent to Evin prison and sentenced
to two years' imprisonment At the end of the two years, she was tgain questioned
but not released. She has allegedly not been told why and how long she must remain
‘n prison;
(t) Ms. Faezeh Sabat ahromi , aged 33, married, student, daughter of Fathali
and Ehteram. It has been reported that she was arrested in 1983 in Heser k, Karaj,
with her six-month-old son. The child was In prison up to school age.
Ms. Sabetjahromi was sentenced to 10 years' imprisonment. She is the wife of
Mr. Ebrahim Avakh, leader of the Organization of Revolutionary Workers of Iran;
(u) Ms. ?ateme jZohreh) Sadigh Tonekaboni , widow, teacher. It was r ported
that she had spent over five years in prison during the Shah's Government, but had
been released at the time of the revolution. She was re-arrested in 1983. it is
not known whether she has been tried or sentenced since then;
(v) Mahamjnad Raza Sedaghat . It has been reported that he is in prison
without any charge or trial;
(w) Mej 4i Vosooghijj was reportedly arrested in 1985 and sentenced to four
years' imprisonment. After the first year he was tried again and convicted for 12
years. In June 1988, he was reportedly executed.
D. Freedom of opjj n. expiassion. press and association and
right to peaceful assembly
63. It has been reported that the Government continuously intervenes in the free
flow of information in the form of letters, telegrams, telexes and telephone
conversations. In this connection it wee alleged that a large number of disabled
veterans have been hired and placed in the communications offices throughout the
country to monitor telephone conversations between citizens. L.et..era coming in and
going out of the country are allegedly routinely opened.
64. It has also been reported that printing houses are required to obtain the
previous formal permission of the Ministry of Culture and Islamic Guidance for all
publications and that printing paper is attributed by the Ministry only to those
publishing houses whose publications have been approved.
65. On 27 June 1990, the Special Representative sent a letter to the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office at
Geneva expressing concern about reports received according to which a number of
co-signatories of an open letter which Mr. Mehdi Bazargan, Prime Minister of the
first provisional Government of the Islamic Republic of Iran, together with 89
other persons recently addressed to the President of the Republic, had been
arrested. The names of some of the detained co-signatories of the open letter were
given as follows Abdol All Bazargen (son of Mebdi Baxargan), Ezzetollah Sahabi
(former Director of Planning and Budget), Reza Sadr (former Minister of Trade),
Hussein Beni Assadi (former Vice-Prime Minister), Shams Shahshahani (former
, . . .
*/45/697
English
Page 24
Prosecutor of Tehran) , Nour AlL Tabandeh (lawyer and former Vice-Minister of
Justice), Yadollah Chemse Ardallan, AU Ardalan, Rochan Ardalen. Farhad S& ibahani.
Abbes Ghaem Sabehi, Rhosaro Mansourian, Heehem Sebeghian, Ezetollah Hamede Sahabi,
Mohaswnad Tavaseoli and Akbar Zarrinebbaf. The Specia 1 Representative requested the
Permanent Representative of the Islemic Republic of Iran to provide him with
information about the arrest of these persons, the charges brought against them and
about the Association for the Defence of Freedom and Sovereignty of the Iranian
Nation, which had been alle edly dissolved as a consequence of the open letter.
The Special Representative requested assurances that any persons arrested in the
above context would receive humane treatment while in detention and benefit from
all procedural safeguards provided for in the International Covenant on Civil and
Political Rights.
66. On 9 JUSy 1990, the Special Representative transmitted the following
additional names of persons allegedly arrested as a consequence of the open
letter* Mr. Habib Davaran, Mr. Maim Pour, Mr. Amir Tavakol Ebrahimi,
Mr. Hossein Shah Ho aeini, Mr. Nezamedine Movahed, Mr. Mahmoud Maleki,
Mr. Hormos t4omayezi, Mr. Said Sadr, Mr. Hamid Sadr, Mr. Khosrow Parse,
Mr. Ahmad Shayegan, Mr. Mahmoud Habibi. Mrs. Shahin Parsa and Mrs. Azar Sadr. He
also reiterated the requests made in his letter of 27 June 1990. On
8 October 1990, the following additional names of allegedly airested persons were
communicated to the Governmentsz Mr. Abedi Rahim, Mr. Ghaemossabahi-Aobas,
Mr. Yekta Habib, Mr. Gorgi Au and Mr. Gharavi Asghar.
67. On 12 July 1990, the Special Representative he ird the testimony of
Mr. Aboulfas Khorassani Nejad, who said he was a political science graduate and a
reporter for an evening newspaper. He said that his journalistic activities had
caused him serious problems on the one hand, his articles were often censored or
not printed and he was not entirely free to practise his profession. On the other
hand, because of his articles, he received many letters containing threats from the
Mojahedin, which considered him a collaborator of the Government without realizing
that his articles were often rewr.ttten. In 1981, he and his wife were assaultad by
two individuals armed with revolvers who shot at them. As a result of that attack,
his wife died.
68. Another person interviewed the same day said he 4 tad belonged to the Tudeh
Party and carried out political activities in the north of the country on the
border with the Union of Soviet Socialist Republics. In September 1983, he had
been arrested and had been in prison until February :988.
69. Many press reports. publications of opposition groups abroad and reports from
Iranian sources told of clashes between demonstratorr and PaRdaran on the ou'.skirts
of Shiroudi Stadium in Tehran. The incidents were apparently ret off by the
cancellation of the soccer games and the fans' protests turned into political
protests. The people demonstrating shouted their opposition to the Government and
hurled stones against cars and buildings. Official sources acknowledged the arrest
of some 30 demonstrators and added that they were released after interrogation.
However, information from other sources accused the Revolutionary Guards of
shooting into the crowd indiscriminately in addition to arresting many
demonstrators and added that 10 persons di d in those incidents and were secretly
buried in unmarked graves in Behesht-Zhara Cemetery.
/ . . .
‘4/45/597
English
Page 25
70. On 17 April 1990, OEe Times of L.ondon printed a cable from Tehran saying that
the police had arrested 65 people in the northern quarter of Tehran because they
were shouting political slogans end disturbing public order. The same dispatch
told of the arrest of a group of alleged hooligans attending the funeral of
Aref Valizadeh, who had been killed by the police on Monday, 16 April, when they
tried to arrest him.
71. The National Resistance Movement of Iran announced that Mr. Shapour Rakhtiar
had called for peaceful marches along the main avenues of all Iranian cities on
Friday, 18 May, from 10 a.m. to noon to demand that the Government hold free
elections under United Nations supervision. On 21 May 1990, Mr. Shapour Bakhtiar
told the Director f the Centre for Human Rights that peeceiul demonstrators who
had responded to hi, call to march for Lee elections had been attacked and beaten
by groups supporting the Iranian r4gime although they had not shouted slogans of
any kind.
72, On 19 February 1990, Keyhan Intern tiona.t published a report that the Ministry
of the Interior had authorized three political parties and associations to
function: Hedayet-e-Islami (Islamic Guidance), headed by Darius Zargari Marandi,
the Islamic Association of Graduates of the India-Pakistan Uubcontinent, whose
president's name was not given; and the Society of Zoroastrien Priests, headed by
Ardeshir Azarghoshasb.
S. Freedom of movement: right to leave one's country and to return
73. It has been reported that the Government is maintaining a computerized list of
nearly 35,000 names of :ranian citizens who are forbidden to travel abroad. Those
Iranians allowed to travel abroad have to pay heavy exit duties avd passport fees
in addition to airport tax. The reported amounts are as follows: exit duties,
$US 625; passport fees, $US 275; airport tax, $US 2,500. A person leaving for a
second time during a calendar year is reportedly obliged to pay double the amount
of exit fees. Travel agencies, when issuing tickets, are reportedly required to
register the travellers' name and address, their destination and place of sojourn,
and to report it to the sacuritj authorities.
74. The Special Representative has received the following complaints of an
individual character:
(a) Ba ieh Shabidi , 75 years old, housewife. In August 1988, while departing
Mehr-Abad to the United States of America, she was reportedly prevented from
boarding the aeroplane. Her passport was confiscated under the charge of being a
Baha'i, irrespective of the fact that in her passport application she had declared
herself as Moslem. She was allegedly told by the authorities that she would be
permitted to leave the country if she was willing to sign a statement that she was
not a Baha'i. She signed such a statement, but the confiscated passport was never
returned to her and she was not permitted to leave the country. All her children
are living in the United States of America;
/ . . .
A/ 45 / 697
English
Page 26
(b) Be. a Iladipanah , Iranian resident in the United States of America, sent
his passport (or renewal to the Iranian Interest Section at the Algerian Embassy in
Washington, D.C. in November 1984. He received a letter from the Interest Section
stating that his passport had been confiscated because he had participated in
enti-governn%I nt protests.
F. Allegations of intimidation or reprisal
75. In its resolution 1990/76, adopted on 7 March 1990, the Commission on Human
Rights condemns all acts of intimidation or reprisal, in whatever form, against
private individuals and groups who seek to co-operate with the United Nations and
representatives of its human rights bodies, or who have sought to avail themselves
of procedures established under United Nations auspices for the protection of human
rights and fundamental freedoms. It further requests all representatives of United
Nations iuman rights bodies reporting on violations of human rights to the
Commission c r to the Sub-Commission on Prevention of Discrimination and Protection
of Minorities, in the exercise of their respactive mandates, to take urgent steps,
in conformity with their mandates, to help prevent the occurrence of intimidation
or reprisal, and to devote special attention to the question in their respective
reports to the Commission or the Sub-Commission.
76. The Special Representative has received the following complaints about cases
of intimidation or reprisals
(a) 1 i _Ai mad.i. It is reported that the family of this person, who was
executed in mid-1988, was warned by the prison authorities of the consequences they
would face in case news of the execution was made public;
(b) t4oj. raddin Kianoj j , former first secretary of the Tudeh Party, and his
wife t4eriam Feirous . It is reported that, shortly after his meeting with the
Special Representative at Evin prison, during which, jzzter al& , he asserted to
have been subjected to torture, Mr. Kianouri was placed In solitary confinement and
has no longer been allowed to receive visits. It was also reported that the same
treatment has been applied to Mr. Kianouri's wife;
(c) It was also alleged that, during the Special Representative's first
visit, several persons who had tried to contact him at the UNDP Office at Teh an
had been prevented from doing so by Government agents who took them for questioning
to various KomLeh installations. In particular, it was reported that a husband
and wife (names provided to the Special Representative) had been taken in this
manner to a Komiteh at t4ottahari Avenue in central Tehran, where they were
questioned, intimidated and asked to sign a written commitment not to contact the
Special Representative or any member of his team. According to the report, these
persons subsequently received several death threats over the telephone and were
repeatedly summoned by the Komiteh. It was also said that a great number of
potential complainants (former political prisoners or relatives of executed
persons) were also threatened over the telephone or summoned to Komiteh
installations or the revolutionary prosecutor's office and ordered, under th ate
of imprisonment or execution, to keep away from the Special Representative.
/ . . .
A/45/697
English
Page 27
77. In a letter dated 23 March 1990, Mr. Baza . gan. former Prime Minister of the
first provisional Government, told the Special Representative that in letters dated
15 and 16 February 1990 to the Prosecutor General of Tehran and the Minister of the
Interior respectively, Mr. Tavassoli had reported that he and his family had
received threats and abusive telephone calls in the days following his conversation
with the Special Representative. He had attached copies of the letters.
78. On 13 July 1990, the Special Representative had an interview with a witneos
who ruquested that his name be kept confidential. The witness stated that after
the Special Representative had left Tehran, family members and relatives of
witnesses who had testified before the Special Representative had received threats
or been arrested. He stated further that some prisoners who had appeared before
the Special Representative had been tortured and received death threats. At the
request of the Special Representative, the witness undertnok to provide specific
and detailed information about the acts he had denounced.
0. Situation of women
79. According to reports received by the Special Representative, women in the
Islamic Republic of Iran have suffered from various acts of discrimination.
Unequal treatment meted Out to women has been alleged in the following particular
areas.
80. Tn the family context it has been reported, intexalia , that a husband, father
or brother may kill his wife, daughter or sister when she commits an immoral or
unchaste act. Further, in case of dissolution of marriage, a mother's right of
custody over her children was said to be limited to the son under two years of age
and the daughter under 7 years, even when the father ha died.
81. In the area of equal opportunities for women, it was alleged that women have
no access to certain fields of study, e.g. graphics, visual communications and
cinematography. Promotional opportunities for women were said to be few, with
practically no women in managerial or supervisory positions.
82. With regard to the administration of justice, it was reported that a woman's
testimony in court was considered to be worth half that of a man. Thus, it would
take two women witnesses to offset a single male's testimony. it has also been
alleged that a virgin woman condemned to death goes thiough forced matrimony and is
deflowered before the death sentence is carried out.
H. Situation regarding the rights of children
83. It has been reported that, according to Clause 1 of Article 1210 of the Civil
Law, the age of puberty for girls has been determined to be nine lunar years
(equivalent to eight years and r ine months). At that age, the father or the
paternal grandfather reportedly has the right to marry off his young daughter to
anyone he consid irs su*table, in exchange for a sum of money, the so-called “Shir
Baha”.
/ . . .
A/45/ 697
English
Page 28
84. It baa also been reported that, according to Article 32 of the Law dealing
with Islamic punishment, physical punishment of children is permitted to the limit
of maiming them.
I. Testimonies concerning acts of violence against the
civilian po Iation
85. On 23 February 1990, aix witnesae members of the Organization for Defending
Victims of Violence. an organization eutablished in the Islamic Republic of Iran,
requested to be heard by the Special Representative in Geneva. They asked that
their names be kept confidential.
86. One witne3a stated that ha used to be a teacher of English and had neve-
engaged in political activities. Since he was bearded, the Mojahedin suspected him
of being a fundamentalist and Government agent end made an attempt on his life
which resulted in the death oC his wife. They advertised the incident as ‘having
executed a Government agent”. The witnesa stated that he had not been in his
wife's company when the killing took place. He further stated that in Tehran he
had tried to see the Special Representative witnout success. He promised to send a
list with the names of 12 people who, according to him, were also killed by the
Mojahedin. He stated that his trip to Geneva had been financed by the families of
people who had died in similar circumstancqs.
87. Another witness stated that he wee an ex-member of the Mojahedin. He had
joined the movement after the Revolution, as he had been attracted by its
propaganda. For two years he was trained in political activities, such as
organizing of public demonatr tions and social upheaval. Afterwards he went
through a military training period. In the year following his military training he
was arrested by the Government and taken to Evin prison. He stated that he never
had participated directly in military activities. He was condemned to 10 years in
gaol but was released during the general amnesty in 1986 after serving 4 years. He
had knowledge of at least three assassinations perpetrated by Mojahedin agents: the
victims were a grocer, a taxi driver and a watchmaker.
88. Another witn.g stated that he “as a medical doctor by profession and an
ex-member of the Democratic Kurdistan Party. He had belonged to that party two
years before and one year after the Revolution. He alleged that the Democratic
Kurdletan Party had received money from the Government of Iraq before the war. In
fact, each family involved in this party had received 5,000 dinara from the Iraqi
Government. The Iranian ag.nt for the distribution of money was a man called
Abdullah and was presently very influential with the Party. Although he was in
exile now, he continued his activities from abroad. According to the witness, the
Eurdist&n party told their members after the Revolution not to hand in the weapons
used in their fight against the Shah. One year after the war with Iraq had
started, a group of people from the Party went to Iraq and brought back arms to
fight the Iranien Government. The witness expressed the view that the present
Gover nent has been lenient and has accepted many facts of Kurdish life, auch dS
publications in their own languages. Although courses in Government schools are
taught in Farsi. privat, schools which conduct their teachings in Kurdish are
. ,...
A/45/697
English
Page 29
permitted. This was not the case during the period of the Shah. He further stated
that frequently he had received death threats and that many of the people who had a
relationship with the central Gov rr.ment had been assassinated. He stated that he
knew of the assassinaticn of a woman who was five months pregnant when she was
killed on suspicion of co-operating with the Government.
89. Another witness stated that she had joined the Mojahedin for a period of three
years through her husband who was a Mojahedin leader. Both had received military
training and she had served as a deputy to her husband. They were arrested
together and her husband was executed. As his deputy she had initially been
condemned to prison for life, but her sentence was later reduced to 10 years. She
was released in 1989, after having served six years. The witness further stated
that, as an ex-member of the Mojehedin, she could testify to the fact that they
were a terrorist group. She hat. . been told by the Mojahedin that certain people
were considered as essential to the Government and that if they were killed the
Government would coflaps'... Now ehe realized that this system of struggle was not
rational. One terrorist he had known personally was Mr. Radjavi, who had served
in the group of her husband. In 1982 Mr. Radjavi had killed a yrocer at Dj'an
Houri whose name was Hossein Mehrabanian. Mr. Radjavi had also received the order
to kill a wood carver, called Davood Nazeur Baka, who h d left the Mojahedin
orgenizat on. Two other members of her husband”; group, who were later caught, had
killed a seller of textiles by the name of Haji at Narmak. Another killer
belonging to the group was Ali Soleamani who lived at Djevedeeh and had
assassinated a housewife. Another terrorist she knew had killed two people, one of
whom owned an electricity shop in Jajreeah Street and the other, by the name of
Mahmoud, had lived in Tejreesh Street. OEe witness statt d that it was not easy for
a member of the Mojahedin to leave the organization and asked the Special
Representative's help in this regard. The witn as also stated that, while in
prison, she had met a girl by the name of Mozgan Momayoum Far who was a member of
the Mojahedin. Her foot had been amputated as a result of an accident she suffered
while carrying out a Mojahedin mission: after the accident, the driver had left her
without organizing help. Later the Mojahedin publicized the case, alleging that
she had lost her foot during her stay in prison.
90. Another witness stated that she had been arrested in September 1971, as she
had held responsibility for the protection of one of the private hiding places of
the Mojehedin. Five or six persons were living there; one was called Mohammed and
was the perpetrator of several assassinations. In 1981 a fruit seller was killed
by Mohammed because he supported the Government. Other members of the
organization, called Ali-Reza Medani and Reza Ostad Hossein, had killed two college
students by the names of Reza Darrsh Vand and Naserh Salem. OEe entire group was
arrested in September 1981. OEe witness stated that when new members joined the
Mojahedin they were promised all kinds of facilities, but all the promises proved
to be lies and, little by little, they were induced to conxnit crimes. OEe facts
related should be considered only as samples of the activities of the Mojahedin.
She said she did not understand how it was possible that members of the
organization were allowed to move freely in Switzerland and in the United Nations.
The witness stated that dhe had first been condemned to a life sentence but that
she had bcen released after six and a half years.
/ . . .
A/45/ 697
English
Page 30
91. Another witness, an employee with the Iranian Television, stated that when his
wife was 16 years old, she had contacts with the Mojahedin organization. After
their engagement she left the organization at his request. When they got married,
she received threatening letters from the Mojahedin asking her to return to the
organization. In 1982, a woman who used to be a friend of his wife, accompanied by
three men, went to their house and violently attacked his wife, who was pregnant at
that time. As a consequence theii child was born disabled and his wife suffers
from speech problems.
92. In addition, on 12 July 1990, the Special Representative heard the testimor.y
in Geneva of other persons who had requested hearings and who gave testimony on
this question. Some of them asked that their names be kept confidential.
93. Mr. Gazam Faripoor said that his father was killed in 1981 by terrorist groups
despite the fact that he was not politically involved. Thus his family became one
of the many families victims of terrorism.
94. Another person stated that he had worked with the Mojahediri organization. As
a result of his political activities he had served four years in prison, from 1981
to 1985. He is now working in his father's business, but he intends to resume the
medical studies he was forced to interrupt to serve his prison term. His
applications for readmission to the University have been rejected. He charged that
the groups belonging to the Mojahedin, as well as other political, social and
religious groups, were trying to exploit and take adventage of the forthcoming
visit by the Special Representative to Iran. Nevertheless, he said that during the
first visit, many families victims of terrorism had not been able to speak with the
Special Representative. He added that many people, including children, were being
held p isoner by the Mojahedin.
95. Another person stated that he had been a member of the Mojahediu organization
since 1979, the year when he was recruited. At the beginning, he was assigned
simple tasks such as distributing propaganda leaflets. Later, he was given more
important political tasks, but never military tasks. He stated that in 1981, the
organization decided to step up its terrorist activities with the aim of
eliminating those it considered to be key people, mainly officers of the army and
the security forces. The chief of his cell was Mohammed Moghaddam, who did take
part in terrorist activities. The witness says he had to go into hiding and live
in a house with his weapons at the ready. In 1983, his house was razed by the
security forces and he received a gunshot wound. He was sentenced to 20 years in
prison. He appealed the sentence and the term was reduced to 15 years. In 1987,
after four years and three months in prison, he was released under the amnesty
decreed that year.
96. Another person stated that his son was killed ine years ago after receiving a
number of threats from members of the Mojahedin organization.
97. Another person, a university student, stated that his younger brother had been
killed by members of the Mojahedin despite the fact that he was not politically
involved. He said that he tried unsuccessfully to peak with the Special
Representative during his first visit. He added that many members of the families
/ ...
A/45/697
gnglish
Page 31
of victims of terrorism had not been able to see the Special Representative either
at that time.
J. Freedom of religion
98. It has been reported that the Iranian Bible Society was dissolved by the
Ministry of Culture and Islamic Guidance in February 1990, and has failed in
numerous attempts to get approval to re-open. The Iranian Bible Society has
operated legally and openly for the last 10 years. After its dissolution, its
files were confiscated and its staff locked out of the premises. In addition, its
executive secretary, Mr. Sadegh Sepehri, his wife and his son, have allegedly
suffered harassment and threats of imprisonment.
99. It has been reported that, starting with the academic year 1983-1984,
religious education was prohibited in all Christian Armenian schools. New books in
Farsi prepared by Muslim theologians were reportedly introduced. It has also been
said that as of 1985-1986 all Christian Armenian schoolgirls were forced to wear an
Islamic veil, irrespective of the fact that they were already wearing scarves
covering their hair and neck. It has bean also reported that Armenian clergymen,
including the Archbishop, have been prohibited from entering school compounds,
while Muslim clergymen have free access. It was also alleged that messages to the
students on the occasion of religious holidays have to be submitted in Farsi for
approval by the authorities two weeks in advance.
100. It was also reported that the Ardak Manoukian Armenian School was forcibly
taken from the Armenian community and transformed into a Muslim school.
101. It was alleged that, in April 1990, Guardians of the Islamic Revolution
entered the Sipan Cultural and Athletic Club of the Armenian community, closed the
club and detained three members of the board and the office clerk. They were
reportedly accused of allowing girls to be present in the premises without head
scarves. The four detained persons were reportedly sentenced to 74 lashes for
violating the Constitution. Allegedly, they were allowed to “purchase” the lashes
by paying 70,000 rials each.
K. The situation of the k3aha'i conuqunity
102. Although the number of Baha'is reported to be imprisoned has declined from 13,
as at 28 November 1989, to 9, as at 30 June 1990, it was alleged that the overall
policy of discrimination towards the Beha'i community has not changed. The
termination of discrimination and persecution ia reportedly conditioned on the
Bahe'is recanting their faith. Some improvements that were brought to the
attention of the Special Representative reportedly relate only to the situation of
certain individual Baha'is but not to the community as a whole.
103. On 12 July 1990, the Special Representative received a person who requested to
give testimony with regard to the situation of the Baha'is, but asked that his name
be kept confidential. He said that he converted to the Baha'i faith in 1973. He
/ . . .
A/45/697
English
Page 32
stated that the Baha'is mix religion with politics. He was forced to attend all
the meetings, which drained his physical and psychological energy. In 1988, he
converted to the Muslim faith. He stated that nowadays, the Bahe'is were free to
develop their activities with the consent of the Government. Indeed, he said, it
was better to say you were a Baha'i to get work or get a passport more promptly.
In his view, there was no discrimination against Baha'is in education, whether in
school or in the university, or in medical or hospital care.
104. Three other persons asked to speak with the Special Representative on
12 July 1990 and requested that their names be kept confidential, They stated that
as a result of the Special Representative's first visit to the Islamic Republic of
Iran, the Govcrvnent had released several followers of the Baha'i faith who were
being detained, hao lifted the ban on the travelling in the country without
permission, had facilitated their access to farm property and established special
preferences enablinu; them to obtain passports. According to their reports, one had
only to say he/she belonged to the Baha'i to get a passport immediately. The
attitude towards the Baha'is in the communication media had also changed for the
better. However, they stated that some Daha'is still maintained a posture of
confrontation and were trying to create tensions.
105. Written information on the sifuation of the Baha'is has also been received by
the Special Representative, accompanied in many instances by official Iranian
documents. The information received has been divided into the following categories:
1. Dismissal of government employees
106. In a letter dated 22 February 1990, addressed to Izzatu'llah Nazari, a retired
employee of the Saha'i faith, the National Iranian Oil Company stated: “As you
have already been informed, i accordance with Civil Court verdict No. h.b. 1236/7
of 15 Ordibehesht 1362 (5 May 1983) and because you belong to the misguided Baha'i
sect, you have been permanently disqualified from exercising Government functions
and from serving in any Government-affiliated organization”.
107. In a letter dated 13 Tanuary 1990, the Department of Social Security stated
that, in accordance with the decision of the Town Committee of the Manpower Section
of the Ministry of Health, Manuchihr Shirvani and Au Akbar Nawruziyan had been
sentenced to permanent dismissal from their pasts because they belonged to the
misguided Baha'i sect.
108. On 10 Dc—amber 1989, the Department of Social Security informed the Office of
Social Services for the Employees of the Ministry of Labour that, in accordance
with the relevant decision, Dhabihuillah Fada'i had been permanently dismissed from
his post because of his membership in the misguided Baha'i sect and that payment of
his pension continued to be suspended on the basis of verdict No. 28827/6 of
14 September 1983.
109. In a letter dated 25 October 1989, Primary Section of the Administrative Court
handed down decision No. 1002 upholding an earlier decision concerning
Mrs. Issat Ha'i Najafabadi who was dismissed from the Ministry of Education and
deprived of her retirement because of being a Baha'i. The charges against her were
. I...
A/45/697
English
Page 33
based on Section 2 of Act No. 19 containing the Regulations on Administrative
Offences and the decision was declared final, since the plaintiff did not submit
any grounds or evidence to change it.
110. In a letter dateci 30 September 1989 from the Office for the Investigation of
Administrative Offences of the Ministry of Agriculture to
Mr. Payduilla'h Ali-Tabar, who had been dismissed fzom his post, it was stated that
the fact that he belonged to the misguided Baha'i sect had been proved on the basis
of his confession and statement of 7 April 1982: that the decision relating to his
dismissal from his post was therefore valid; and that it was legally unnecessary to
submit the case for review.
111. On 12 September 1989, a judge of the Administrative Court handed down a ruling
in connection with the consideration of a complaint against the Ministry of Health,
stating that Mr. Hushang Gulistani's considered himself a member of the misguided
Baha'i sect, that an administrative decision of 21 March 1981 had ordered his
dismissal from his post and the suspension of his pension payments and that, as
that decision had been based on the law, it could not be changed.
112. On 19 February 1989, verdict No. 855 of the Central Council for the
Investigation of Administrative Offences described the case in question in the
following terms: Mrs. Qudsi Ridvani was registered as a member of the Baha'i sect
and acknowledged that she belonged to a Baha'i family and had given that group
financial assistance. The Court found her guilty and requested her to return the
funds she had sent abroad: and, since the charges against her had been proved, she
was sentenced to permanent dismissal from her post.
113. On 6 November 1989, Section 7 of the Administrative Court handed down the
following decision: Mrs. Surayya Samimi “admits to having been born in a Baha'i
family, but hab not made any statement recanting her faith. The Tobacco Products
Company has sent her a reply number 42749, 24 Mordad 1366 (15 August 1987), stating
that she is accused of membership in the misguided Baha'i sect and through the
verdict of the Civil Committees and the review of the Reforming Councils, she has
been sentenced to permanent dismissal from work and her salary has been cut off.
Considering the above ... as well as the fact that her being a Baha'i is confirmed,
her objection is overruled and rejected. This is a final verdict and may not be
reconsidered in this court”.
2. Refusal of withdrawal of work permits
114. In a letter dated 31 October 1989, the National Veterinary Organization
informed the Director of the Inspection Group of the Ministry of Agriculture that
it was not possible to give a permit to Jamshid Farsi because, in his request of
2 November 1988, he had acknowledged that he was a member of the misguided Baha'i
sect; and that sect was an agent of foreign interests and Governments.
115. A letter from the Central Council of Trades of Simnan, dated 20 January 1990,
informed a Baha'i, Mr. Afrasiyab Subhani, that his work permit had not been
approved and that, as from 21 January 1990, he would have to close his business and
/ . . .
A/45/697
English
Page 34
return the original permit to the Council. It also stated that, if the order was
not complied with, he would be treated in accordance with Act No. 72 of the Union
Regulations.
116. In a letter dated 4 May 1989, the Trade Union for Repairs of House Equipment
in Gurgan intormed Mr. Massud Masudi that, following the investigation which had
been carried out confirming that he belonged to the Baha'i sect, the Trade Union
was ‘inable to give him a work permit and he would therefore have to close his
bud mess.
3. Sapensionof pension or salary pavoea t
117. On 11 March 1989, the Bank of the People gave the Secretariat of the Banks the
following information: “With regard to letter No. 342 dated 16 February 1982,
Mrs. Bihidukht Tibiyani has confessed that she belongs to the Baha'i sect and the
payment of her retir'ment pension has therefore been cut off”.
118. On 23 July 1989, the local Health Department in Khurasan sent a letter to the
Office of Personnel of the Ministry of Health indicating that
Mr. Dhebihullah Dhabini-Muqaddaoe was a member of the misguided Baha'i sect and that
the payment of his salary had therefore been discontinued.
4. Eri on.sentenca
119. In a letter dated 12 March 1989, the Islamic Revolutionary Court of Combed
referred to the case of Mrs. Bihidukht Tibiyani belonging to the Baha'i faith in
the follo”idg terma: “ihe cise concerning the accusation that you take part in
Beha'i activities h s L ,een considered by the Islamic Revolutionary Court of Combed
and, in accordance with verdict No. 1684-7 o 26 February 1989, you have been
sentenced to one year's imprisonment: the verdict as hbnded down in your absence
since you di not appear before the court”.
5. Invalidation of ration ca
120. On 27 ,ptember 1989, the Islamic Council on Supervision and Distribution of
Goods of the Department of Commerce issued the following notice: “We hereby
respectfully inform you that the ration card of Mrs. Ishrat Shahriyari has been
confiscated and invalidated because she is a Baha'i”.
6. Denial of education
121. On 30 August 1989, a secondary school in Tankabun wrote a letter to the
Department of Education regarding Mr. Mahmud Mukhta'ri, a father wishing to enrol
his son: “According to his clear statement, they are members of the Baha'J sect.
OEis school is exempted from having to accept the student in question in accordance
with t ie rules of the Islamic religion”.
, . . .
A/45/697
Engi i ah
Page 35
122. On 9 November 1988, a committee to investigate cases of expelled students
informed Miss Farzanih IIIusravi Hamadani by letter that her case had been
considered and that, since she had been bannod from continuing her education
becuse she belonged to the Baha i sect, she would have to publish three
announcements in major newspapers recanting her Bahe'i faith and that, if she did
not do so, her situation would remain unchanged.
123. In mother case at the Univ rslty of Allamih Tabatabai, which was considered
and decided on 2 October 1989, Miss Farzanih Khusravi Hamadani was prohibited from
continuing her studies because of being a Baha'i.
7. Baha'is who have bean ordered to return Balarie4 received
as public employt as
124. Hushang Tabish, an employee who had worked for the Sadirat Bank was arrested
because he refused to return the salary he had received. After being in prison for
some time, he agreed to pay monthly amounts of 3,000 tuniana as from October 1988.
When he had made seven monthly payments, he decided to stop them. Reportedly the
prosecutor is currently dealing with his case.
125. Mrr. Tal'at Maziumi, a former employee of the Departm .t of Education was
ordered to return the salary that she had received while she was in Government
service. The order came from the Prosecutor's Office of Section 1 at Evin prison.
The prosecutor's last order that the former employee should provide a guarantee of
payment was dated 28 January 1990.
126. Col. Muhtashlmi, a retired army officer received a summons to appear before
the Prosecutor's Office of Section 1 at Evin on 18 February 1990. A piece of lend
IIat belonged to him was confiscated as compensation for the pay he had received
during his ervive in the army. .
127. T.fandiyar Ghedanfari, Nadir Ghadanfari and Nadir Vehid have beer summoned
repeatedly. They were taken to Section 13 at 5v3.n prison because they have not
provided a guarantee that they would pay back the salaries they received during the
time they were in Government service.
128. Mr Manuchihr t4ishn Chi war: reported to be held in Evin prison because ha
woul' not. or could not pay back the salary he had receiveti.
129. Mr. Yusuf Ahmada i, whose case is with Section 4 at Evin, agreed to provide a
guarantee that he would pay back the nalary he had received. Re has already made
two payments.
130. Vahid Sabuhiyan, a former army officer who received an order for the repayment
of 153,000 tumans agreed to pay back that amount, but later dec 1 ded not to do so
and to await official reaction.
131. Mrs. Faridih Ahmadiyyih, a former employee of the Tijarat Bank r .iceived a
summons concerning the repayment of salaries from the prosecutor of Section 12 at
Evin, dated 5 August 1989.
,...
A/45/6ti
Engi i sh
Page 36
8. Confiscation of property
132. It has been reported that Mr. Enayetollab Eshraghi. Mrs. Esnat Eshraghi and
Miss Roya Eshraghi. members of the Baha'i community of Shiren were executed in
June 1983. The family home of Mr. Enayatollah Eshraghi, at 105 Palestine Street,
in Shiras, was confiscated by the Government and will reportedly be auctioned in
the near future.
IV. REPORT ON THE SECOND VISIT TO THE ISLAMIC REPUBLIC OF IRAN
A. Introduction
133. OEe iecond visit to the Islamic Republic of Iran was made from 9 to
15 Octobv 1 r 1990. The exchange of letters and notes concerning this visit has been
referre 1 to in paragraphs 22 to 26. The Special Representative was accompanied by
Mr. Georg tdautner-t4arkhof, Chief of the Special Procedures Section of the Centre
for Human Rights, Mr. Miguel de le Lema, Human Rights Officer, Miss Carmen Cueves,
secretary and Mr. Mohammed Tainmami, a United Nations interpreter. The Special
Representative acknowledges and expresses his appreciation to those members of the
Secretariat for their efficiency and co-operation. He also wishes to mention the
co-operation of Mr. Per Janvid,. Resident Representative of the United Nations
Deve1opn ent Programme (UNDP), who, as he had done on the first visit, spared no
effort to assist the Special Representative and his team members in accomplishing
their task and in achieving their objectives.
134. Dy a letter dated 17 September 1990, the Specl6l Representative had requested
the Government to arrange for the following appointments with official or religious
pereonalitiess the Ministers for Foreign Affairs, Interior, and Culture and
Islamic Guidances the Head of the Judiciary, the President of the Supreme Court of
Justice, Ayatollah Montaseri and Ayatollah Jeafari, the Special Prosecutor for
Drug Tiafficking, and a senior president of a revolutionary court. By a letter
dated 5 October 1990, the Special Representative added the Minister of Intelligence
to the libt of requested appointments.
135. The Special Representative also requested the Government, by a letter of
17 September 1990, to arrange a visit to Evin prison and pointed out that he would
ask to viait one or two other prisons in the Tebran area, if considered necessary.
He further indicated that it would be his intention to conduct hearings, in
private, with prisoners of his choice, the names of whom would be communicated in
due urse. The Special Representative also stated that he would appreciate being
given the opportunity to be present at trial proceedings of a revolutionary court
concerning an offence for which capital punishmert may be pronounced.
13 . In the fiist •i eeting with II. Deputy Min .ster for Foreign Affairs,
Mr. Manouchehr Motteki, the Special Representative was handed a programme based on
his aforementioned requests. In the course of the visit, the programme underwent a
number of changes, some of which w e requested by the Special Representative, who
asked, in particular, that Saturday, 13 October 1990 be entirely devoted to the
hearing of prisoners. The meeting foreseen with Ayatollah Montanan. at the
/ . . .
A/45/697
English
Page 37
latter's reque 4t, had to be postponed from Wesdne dey, 10 October 1990 to Friday.
12 October 1990 end was eventually cancelled by the Ayatollah. The Special
Representative, therefore, requested, in line with the written indication given in
his letter of 17 September 1990, that he be permitted to vieit Gohardasht prison in
the afternoon of 10 October 1990. However, the Ministry of Foreign Affairs
informed the Special Representative that it wa not possible to comply with the
request. The Special Representative further asked for assistance of the
authorities in enabling him to meet Ayatollah Seyed Abolfeal Musevi Zanjani. It
did not prove possible to have this vieit arranged through official channels. The
Special Representative was, however, able to make arrangements for a meeting with
the Ayatollah directly and met him on 9 October 1990.
137. The prograim e of official meetings that took place during the visit is
reproduoud in appendix III.
138. On 9 October, the Special Representative and his teem members co-ordinated
their own progr unme of work with official proposals and incorporated the activities
they would conduct without official contacts or assistance. This programe was
considered chiefly with a view to allotting time for the examination of specific
cases, mainly of prisoners and for interviews with a number of personalities in
Iranian public life and individuals who, through contacts in Geneva, seemed willing
to provi(.a information on their experiences and observations concerning human
rights.
B. Meeting with representatives of the executive and judicial
branches of governmen . .
l 9. The following paragraphs suivuneries the highlights of the interviews conducted
by the Special Representative with governmental authorities. They are in
chronological order. .
1. Meeting with the Deputy Minister for Foreign Affairi
140. The Deputy Foreign Minister, M x. M. Motteki, thanki4 the United Nations
mission or coming end said that the first visit had opened a new chapter in the
relations between the Islamic Republic of 1r6i1 ni1 the United f etfone. ifie point4d
to the expanded role of the United Nations in world affairs end said that the end
of the cold war would open a new chapter in international relations. Disarmament
and huwan rights will be the two basic issues of the new age. The Islamic Republic
of Iran is strengthening its spirit of co-operation with all nations and with the
United Nations. The search for negotiated solutions to all international problems
is another feature of the new age. The issue of human rights figures prominently
among the concerns and goals of the Islamic Republic of Iran.
141. Mr. Mottaki said that the Islamic Declaration of Human Rights had been adopted
by experts at the Islamic Conference and that the Declaration was taken up and
a• opted at the meeting of Ministers of the members countries of the Islamic
Conference held at Cairo.
/ . . .
A/ 45/697
English
Page 38
142. Mx. Mottaki said that the Government of the Islamic Republic of Iran had
examined closely the recommendations of the Special Representative. The Iranian
Government was now in a position to refute the false allegations made by its
political enemies. A Human Rights Department has been established in the Ministry
of Foreign Affairs. Two seminars have been held in Ir - one locally, dealing
uith a comparison of human rights in the West and in Islam, and another dealing
with Islam and Christianity from a human rights perspective. Preparations are
under way for a third seminar in co-operation with the Centre for Human Rights
slated for late January or eari.y February 1991.
143. Mr. Mottaki considered eight categories of recommendations issued by the
Special Representative and said that they have all been considered by the
Government. Substantial action has been taken on each recommendation. A letter
addressed to the Special Representative summarizes the measures taken (sea
pare. 12).
144. Mr. Mottaki referred to a pending matterm visits to prisons by the
International Committee of the Red Cross (ICRC). The Red Cross has already been
notified that the Government is prepared to allow visits by ICRC. The Special
Representative could visit any prison he liked.
145. The Islamic Republic of Iran abides by the teachings of Islam and wishes to
co-operate with the international community, but this does not mean that it is
prepared to disregard I3lamic principles. The United Nations should distinguish
between those States which systematically violate human rights and whoce conduct
derives from high-level policy and those countries which occasionally commit a few
violations.
146. The Special kepresentative expressed the hope that the discussions with IC RC
with a view to reaching a concrete agreement on visiting prisons could be concluded
very soon. Mr. Mottaki replied that his Government. saw no problem whatsoever in
reaching an agreement with ICRC and hoped that visits to the prisons would begin
very shortly.
147. The Special Representative referred to two memoranda submitted recently and
reiterated the importance of receiving official replies. Mr. Mottaki announced
that the Special Representative would begin to receive specific replies in the
course of his visit.
148. The Special Representative gave Mr. Mottaki a list of 202 prisoners in
connection with whose whereabouts, arrest or possible sentencing (see appendix II),
information had been requested and submitted the names of 26 prisoners he wished to
visit. This list of 26, reproduced in appendix IV of this report, contained names
of persons abou.. whom the Special Representative had received Information during or
after his first. visit to Iran.
149. The interview concluded with an official statement by the Government that it
would co-operate fully with the United Nations in general and the Commission on
Human Rights in particular.
,...
A/45/697
English
Page 39
2. Interview with the Minister of Intelligence
150. On Wednesday, 10 October, at 9.30 a.m., Hojatolislam Fallahian, the Minister
of Intelligence, was interviewed. The Special Representative requested
clarification of certain matters which had arisen in the course of the
investigations. In particular, he asked questions concerning the fol1owing the
role played by information or intelligence officers and agents in the trial of
prisoners, chiefly in cases submitted to the revolutionary courts; the specific
role of intelligence agents who worked with the prosecution and, particularly,
their participation in interrogations; the hierarchical relationship between
intelligence off iciers, Komitehs and Pasdaran (Revolutionary Guards); and the
degree to which intelligence agents could act on their own init'ative without
express orders from their immediate superiors.
151. The Minister spoke of plots against the Iranian nation and then referred to
observations in th' Special Representative's reports, which, in his view, did not
do justice to Iran With regi rd to the activities of his Ministry, he recounted
many incidents of past years and referred to the hostile attitude of the foreign
media. He said that the function of his Ministry is to prevent and bring to light
cases of espionage and to preserve the culture and integrity of the Iranian
nation. According to the Constitution, the people's rights must be respectad and
intelligence agents oeust act within the law both in making arrests and during
trials. He then referred to bands of smugglers who attack private homes and
mentioned cases oC persons who had recently been killed by smugglers.
152. The Minister went on to say that the Constitution establishes three bra ches
legislative, judicial end executive. In the executive branch, the revolutionary
Komitehs and the Pasdaran maintain publ .c order and security and are accountable
directly to the President of the Republic; however, they perform their duties in
respect of citizens' rights under the supervision of judges. The Pasdaren are
under the Ministry of the Interior for matters of public order, under the Ministry
of Defence for militaty matters. The Komitehs are under the Ministry of the
Interior, and the intelligence officers, under the Ministry of Intelligence.
Co-ordination takes place at the highest level, that of the President of the
Republic.
153. Commenting on the role of intelligence officers at trials, he said that it was
not true that judges consulted them during the trials. In many cases, the judges
do not accept tes9.mony by intelligence officers and deny them permission to arrest
suspicious persons. Indeed, while intelligence officers did participate in
interrogations, they do so under the supervision of the judges. It is not true
that they use any means, including violence and torture, to obtain confessions.
154. Intellir'gnce officers take orders; they ar not independent agents. In
certain cases, they may take initiatives, for example, when they see someone trying
to enter the country with a false passport or someone planting a bomb. In such
cases they can errest the culprits. However, they must so advise the judge within
24 hours and he rnuat decide whether or not there are legal grounds for the arrest.
There is a department which oversees the activities of these agents and is
responsible for punishing them. In some cases, they are referred to an
/ . . .
A/45/697
English
Page 4
administrative tribunal and, in very serious cases, to a military tribunal. Many
agents have been dismissed or sentenced to prison terms.
155. The Minister reported that in addition to the Pasdaran, the Islamic
Revolutionary Committees, the officials of his Ministry, the po!ice and the
gendarmerie were responsible for preventing and investigating ordinary crimes like
homicide and robbery and ensuring the safety of the citizenry. Roth police forces
were under the supervision of the Ministry of the Interior. Lastly, the Minister
of Intelligence said that, in his view, the Special Representative should focus the
attention of world public opinion on the acts of aggression committed against the
Iranian nation and adopt a clear stance denouncing and condemning acts perpetrated
by terrorist organizations. He added that the family and relatives of the martyrs
and victims of terrorism shared thst feeling.
156. Responding to a question from the Special Representative, the Minister said
that. there was no prison attached to the premises of the Ministry of Intelligence
and that all detainees were subject to the authority of the Prison Organization.
He then invited the Special Representative to visit the building complex where the
Ministry has its offices so that he could make sure that there was no prison
attached to or included in the building complex where the Ministry is located.
s. Interview with the Special Prosecutor forj4arcotic Drjag.
157. The Special Representative submitted the following questions to the Special
Prosecutor, Hojatolislam Zargar (a) How many drug traffickers have been executed
in 1990? (b) Row many are currently tried? (c) How many of those being tried may
be condemned to death? (d) How many of those condemned to death have seen their
sentence commuted? (e) How many executions in public or mass executions have taken
place during the last few months? In reply to these questions, the Prosecutor
stated the fol1owing
158. He said that the number of traffickers who have been arrested since the first
visit, including traffickers and consumers, comes to of 9,201, 6,898 of whom are
addicts and have been sent to rehabilitation centres. Rehabilitation centres are
still inadequate and, for that reason, the Government has requested assistance from
international organizations. The remaifling 303 are traffickers. Not all of the
303 traffickers can be given the death penalty; some will be sentenced to prison.
Of the groups previously sentenced to death, six have had their sentences con muted.
159. The Special Prosecutor said that the 1990 capital punishn ent figures are
lower. In 1989, 4,113 persons were pardoned. Of those, 2,259 were released and
1,854 had their sentences commuted. Many obtained permission to live at home for
three days and some were already enjoying this benefit for the sixth time.
160. He also stated that there had been no public executions since the first
visit. At times 15 or 20 persons were executed in the prison courtyard. The
Special Representative emphasized two points; the need to guarantee due process of
law to traffickers and to reduce significantly the number of death sentences
pursuant to the International Covenant on Civil and Political Rights.
,...
A/45/697
English
Page 41
161. The Sperial Prosecutor referred to opium t. at is being cessed into codeine
at laboratories under his supervision. The codeine will be transferred to the
Ministry of Health. A total of 1,320 kilos of heroin and 9,090 kilos of opium were
confiscated in the first six months of 1990. Those drugs were largely intended for
European countries.
162. The Special Prosecutor sali that he would obtain an exact figure showing the
number of persons executed in 1990 for the Special Representative through the
Ministry of Foreign Affairs because he did not have it available at that time. The
Special Representative asked whether consideration had beer given to transferring
jurisdiction over such crimes from the revolutionary courts to the ordinary courts,
and the answer was no.
163. At the suggeistion of the Special Prosecutor the Speci 1. Representative briefly
met two detainees convicted on drug trafficking charges who were working on the
premises. One of them, who had admitted carrying 20 kg of opium from Kerman to
Tehran, had been convicted to 18 years of imprisonment. The trial before the
revolutionary court took place two years after his arrest. His sentence was later
commuted to five years. The other prisoner had admitted carrying 7 kg of opium end
was first convicted to a penalty of 1 million riala. The Special Prosecutor,
however, hal protested against the senta ce and one year thereafter, •he was
sentenced a .ew to 16 years of imprisonment. In 1987, the sentence was commiuted to
15 years. Both were tried before revolutionary courts without the assistance of a
lawyer. One of them stated that the interrogators had beaten him during the period
of investigation in order to obtain his confession. Both prisoners stated that
their condition hod improved, since they could now work on the premises of the
S ecia1 Prosecutor. Once a month they were granted leave, usually fo a period of
three days.
4. Interview with the Commission on article 10 of the Constitution
164. The Chairman of the Commission, Deputy Asgharaadeh, exp. ained that the
Commission on article 10 is composed of representatives from the three branches of
government. The purpose of the Commission is to apply the conetAtutlonal principle
of the people's right to form associations in general and political parties in
particular. The Commission is made up of two members of Parliament, tWo from the
judicial branch and one from the executive branch. The Secretary of the Commission
is independent and the Minister of the Interior carries out the detisions of the
Commission.
165. The procedure is as follows: whenever a certain number of citixens wish to
form a political party, they register the members' names and the leaders submit
their personal documents and a charter of principles and objectives. The
Commission considers such requests at its weekly meetings. The applicants'
background is investigated, on the basis o reports from the security and judicial
authorities.
166. The Commission has four divisions: (a) The religious division, which places
restrictions, for example, on autonomous groups or sects, which do not have the
/ . . .
A/45/697
Bngiieh
Page 42
right to form associationsg (b) The trade union end crafts division; (c) The
division that deals with political groups wishing to function as political parties
which a:. subject to restrictions relating to public security and co-operation with
foreign political parties, and Cd) The division that handles associations of groups
engaged in social activities - i.e., cultural or technical activities. Requests
are considered in the order that they are received end authorization is granted to
associations that are not political more promptly than to political parties. In
the past year and a half, 20 to 22 associations were approved. Seven requests from
minorities (Armenians), and a request from a political group in Tehran and another
in the province of khusestan are being considered.
167. Replying to a question from the Special Representative, the Chairman of the
Convnission said that the request from the Association for the Defence of the
Freedom and Sovereignty of the Iranian Nation is under review. As long as some
leaders of this group are having security problems, this association cannot be
authorized. Some members of this group are on trial and in prison on charges of
espionage.
168. The Special Representative also inquired abiut the reasons for the dissolution
of the Bible Society. The answer was that it had been asked to appear before the
Conm iseion several times and bring its activities into compliance with the law.
The Society a1 o required authorization from the Ministry of Culture. Since it
failed to submit that authorization, its activities were suspended. The Special
Representative learned from a well-informed source that the Ministry of Culture and
Islasiic Guidance had refused to grant the authorization.
169. The Special Representative explained his ideas on the responsibility of
individuals and societies and suggested that the doctrine which clearly
distinguishes between the responsibility of individuals and the responsibility of
associations should be accepted and applied. In his view, he continued, Iranian
law projected onto associations what was exclusively the responsibility of the
individual members. He was told in reply that this theory would presumably be
taken into account when Parliament reconsidered the law on political parties.
170. The Secretary said that the Commiss on has had difficulty in applying the law
in force and that revisions have been considered and proposed for submission to
Parliament.
171. A discussion ensued on whether activities for the protection of human rights
are considered political. The answer w s that this topic has been debated time and
again. The defence of human rights is in the interel3t of the people; however,
certain groups claim to be defending human rights in order to mask political
activities - at times, political activities designed to destabilize the Government.
5. Interview with IIe Deputy Minister of the Interior
172. Deputy Minister Atrian-Far said that it was natural that the Special
Representative should have identified a number of ambiguou. situations on his first
visit; he hoped that any such situations would be cleared up during the second
visit. Some ambiguities concerned the revolutionary courts, while others concerned
political p rties. .
/ . . .
A/45/697
English
Page 43
173. Concerning the unification of the police, Pasdaran, Komitehs, Gendarmerie and
judicial police, their co-ordination had been entrusted to the President of the
Republic with a view to improving their functioning and thereby guaranteeing
citizens' rights. A bill for the integration of those security and protection
forces had been approved. A thousand hours of work with experts had been devoted
to the issue and the act was being implemented.
174. The Ministry of the Interior must provide an organizational chart and job
descriptions in order to implement the act within a year. Two months had gone by
and the integration of all police forces would be complete within 10 months. Their
integration would considerably enhance efficiency.
175. The Special Representative asked about the press. The Deputy Minister told
him that the Ministry of Culture and Islamic Guidance would give him more
information on that subject. He then gave some details. Anyone that was qualified
to do so could publish ideas or news with his own resources and means. The
Government considered it its duty to provide facilities to people who wished to
engage in news activities and it therefore gave permission for the import of
machinery and paper. The Government welcomed anyone who wished to engage in
journalism, and also accepted criticism if it was presented “earnestly and
truthfully”. Newspapers and magazines contained abundant criticism of the
Government. The same approach was taken with political parties. The Government
could not renounce that principle. Everyone must adhere to one basic, inviolable
principle, namely, respect for the Constitution. The press and political parties
must accept and adhere to the Constitution. That imposed certain responsibilities
on writers. The Ministry of Culture and Islamic Guidance was responsible for
applying the Constitution and therefore monitored publications and associations.
It was lenient with them, however, even when there was cause for severity.
176. No newspaper sent its articles for prior review by the authorities, but it an
article was published containing erroneous or untrue information or if someone was
insulted, the newspaper must give equal space to a correction. Otherwise, the
complainant could take legal actign.
177. In the past 10 years, over 50,000 books on different topics had been
published. The organization which had oversight of books monitored publishers'
activities. It also studied books before they were published and if it found them
contrary to the Constitution or liable to corrupt or offend public dignity, it
could ask the authors to correct the inappropriate or detrimental parts. The
problem wa almost always solved by negotiation and the authors were satisfied with
the outcome.
6. jnt. y.jey. j.th the Depj&ty Jjjn tei QZ Culture
and Islamic Guidance
178. Deputy Minister Aminzadeh said that he was sceptical about the activities of
iiternrtional organizations and that it would be a long time before Iran solved its
international problems.
, . . .
A/45/697
8ngliah
Page 44
179. The Ministry of Culture and Islamic 3uidance was the product of the merger of
two ministries, the Ministry of Art and Culture and the Ministry of Information and
Tourism; the merger bad been designed to enhance their functioning. The Ministry
of Culture and Islamic Guidance worked with cinema, theatre, the performing arts,
music, publications, books, art (painting, drawing, etc.). press, radio,
television, printing, tourism, and pilgrimages to holy places. Radio and
television were under the joint supervision of the three branches of Government.
180. The Government had never been opposed to foreign films and television but had
put a stop to propaganda that caused moral corruption. The same was true of
musics the Government had never been opposed to music but had eliminated certain
kinds of music which encouraged prostitution and corruption. The same had happenod
wiII other forms of artistic expression such as painting. Iranian films had won
international prizes. Artists were aware that limits had been drawn to prevent
corruption and that they must not overstep those limits.
181. Before the Revolution, many books had been banned. After the Revolution, the
number of books published had increased enormously. OEere were sometimes arguments
about permission to publish a book. When a book contributed to prostitution and
c orruption, its publication was not permitted.
182. The press enjoyed protection and freedom, but anything that was contrary to
Islam and public order was inadmissible. The press promoted Islamic vnlues,
opposed colonialism, promoted morality and upheld the policy of “neither East nor
West”. The couviiittee that granted permits for the founding of newspapers was made
up of representatives of the three branches of Government, the universities,
publishers and the Ministry of Culture and Islamic Guidance. There were 15 daily
newspapers and 300 monthly, weekly or bimonthly magazines.
183. The Special Representative asked what action the Ministry took with regard to
the day-to-day activities of newspapers. He was told that if a newspaper insulted
Islam, the Leader or the Government, it could be penalized by cancellation of its
operating permit.
184. The Special Representative referred to the distribution of paper. The Deputy
Minister replied that his Ministry distributed paper. Any authorized newspaper was
entitled to the paper it needed. There were limitations on the allocation of
paper. For instance, Kayhan and were daily papers with the potential to
increase their circulation but there were limits on the amount of paper the
Government could distribute at a relatively low price. No limitations had been
placed on the amount of paper that the opposition press could receive.
185. The Sr,ecial Representative asked about the conditions for distributing paper
fur books. Paper was supplied to printers or authors. Books needed authorization
before they could be published. There had been criticisms when the publi'ation of
some books had been allowed, but the only criterion for authorization had been
moral, never political.
186. The official interview over, the Special Representative talked to working
Iranian journalists in the same building.
. ,...
A/45/697
‘ English
Page 45
7. Interview with the President of the Supreme Court of Justice
187. The President of the Supreme Court of Justice, Ayatollah t4oghtadaei. said that
according to Islam, judges were answerable before God and sat among the prophets
and that the place of trial was the place of God. Under Iranian law, a defence
lawyer was necessary and mandatory and both the accused and the lawyer were given
certain facilities. Sentences could be brought to the Supreme Court on appeal or
for review. When the accused had not had a lawyer, the Supreme Court revoked the
sentence. Parliament had just adopted an act on procedures under which, once the
case was concluded, it was considered ran judicata . The act enabled the President
of the Supreme Court to consider the case and decide whether it needed to be
reviewed.
188. Under the Islamic judicial system, all individuals were equal. Only recently,
at an annual nation-wide seminar, the President of the Republic had expressed
satisfaction that the judiciary judged law—breakers strictly and equally. The
Islamic legal order had special features with regard to respect for human rights.
Iran was prepared to exchange views on those matters, to pass on its experience to
others and to learn from the experience of others.
189. Under the Islamic legal order, the purpose of bringing a person to trial was
not punishme it but rehabilitation. If the prisoner showed that he was sorry and
could be rehabilitated, he was included in the list of those eligible for amnesty,
even if much of his sentence remained to be served. Amnesty was granted to groups
and individuals. Only rarely did prisoners remain in prison for the full term of
their sentence.
190. No one was ever arrested because he adopted a different ideological line from
the Government. Baha'is were not arrested because they were Bahais. but for
specific of fences. The same wag true of political prisoners: if they were
arrested and executed it was because they had been involved in acts of violence.
If the detainee or accused repented, he could be amnestied, even if he had
ccnmitted horrendous crimes. .
191. Another question related to the campaign against drugs. Th. judiciary was
determined to take vigorous action in that regard. Drugs were a problem in the
country. Cases came to the Supreme Court, where they were reviewed. A sentence
could be applied only with the approval of the Supreme Court.
192. The Special Representative asked about cases in which a number of years
elapsed between the guilty verdict and the actual sentencing. The President
replied that that sometimes happened because further investigations were
conducted. On other occagions, the prisoner could not be informed of the sentence
because the case was awaiting review. The sentence was made known only when the
Court had approved it. The prisoner could appeal once he was informed of his
sentence. Prisoners sometimes did not know that their case had been passed on to
the Supreme Court, which was why they complained and felt that an excessive period
of time was elapsing between the guilty verdict and the sentence.
/ . . .
Ai'45/ 697
English
Page 46
8. Interview with the Political Di 1ktLt Qi Jjead oLt J ,t jQL 1
193. The Political Depdty, Mr. Badamc iiun, sa.d that the ‘reedom Movement and the
Aseociation for the Defence c f FreRenn and th'. Sovereignty of the Ir nian Net on
had pub1is wd their manifesto zee.Ly during t 'e war, even when the dealt with
sensitive jqgues that fe cec natio l secutity. The Freedom Movement had riot
been authorized, but It hi*c b en ct..ve recevi'.ly. 1r. Bazargan an.1 othe members
were at liberty; other me be ,. o ! the F ,eed' ri ‘ ij,ement had beer errusted on serious
charges.
194. The Association f r the Lefe ce of FrqvCom and the Sovereirn v of the Iranian
Nation had been o eralL g without athorizi to . ‘t had c ec1ared its exi3tence
without authorizatior &i d had publi. h i 1lXeg doclarations many of its members
were actively involved in o.Litcs. Some o.. tt memt ers were being tried on
iarious charges. The A so iat on ha'. iu t been up to defend huiwtn rights but as
a cover for illegal potittc activities
195. The Special Repreeuntative s td that, according to the informution he had bean
given, the two groups had eubmitteo ,ppiicati ins in dt?e form but: had been denied
authorization. Their pzope':ty 4 be n confi5 atdd or frozen, since the
authorities had occupi:.d them, *nd thr r docu 1 onts had beefl seized. The Freedom
Movement had existed priuz to the Revolutio: end ktc d simply been required to adapt
to the n i; legal statute. The Mo'i'ernent bud filed an application and documents with
the Ministry of the Interior and sifico the Ministry had not raised any objection
within three months, th Movement had been tacitly authorized .*nder the law in
force.
196. The Political t' eput'y replied IIat the Movement had engaged in sabotage end had
had contacts with the country's enemies abroad. While it was true that it had been
recognized before the promuleration of the new act on political parties and after it
had filed n application wiU che Ministry, the application had not met the
necessary legal requirements an the Movement could not be authorized. The members
of the Movement had not been acting in good faith. The act which said that if no
objection was raised within three months, the applicant organization was
automatically recognized did not apply in that case.
9. Intt view with the Head of the Judiciary
197. OEe Head of the Judiciary, Ayatollah Yazdi, said that the main source of
Iranian law was the Holy Scriptures, which wera intended for mankind's salvation.
The Koran said: “I respect and honour mankind”.
198. The Special Repreeentative drew the following situations to the attention of
the Head of the Judiciary: (a) public trials were impossible in prisons; (b) some
people who had been condemned to death had not had lawyers, and a pe: son accused of
spying, for which he could be sentenced to death, had been tried two years
previously and btill did not kncw his sentence; (c) the question of the
applicability or the repeal of article 11/2 of the Admivdstrative Regulations
governing the Revolutionary Courts and Public Prosecutor's Offices of 1979.
A/ 45/697
English
Page 47
199. The Head of the Judiciary said that there was a principle whereby the
interests of society must prevail over the interests of the individua . The
international cr mmunity paid little attention to that principle because the i aue
of human rights had been politicized. Such politicization u dormined the enjoyment
of those rights. In eight years of war, the international community had never
concerned itself with the crimes perpetrated against the Iranian people. He then
referred to recent events in Palestine and to the Gulf crisis.
200. The Head of the Judiciary went on to say that no legal system protected human
rights as thoroughly as Islamic law. The best evidence of that was the existence
of groups which were opposed to Islamic principles, expressed their views publicly
and wete left in )eace as long as they did not engage in armed action.
201. Concerning the openness of trials, he said that uourt sessions were held at
the Palace c Justice in the city centre and that no less than 20 trials were held
each day, all of them public. When citizens were interested in a case, larger
premises were used. At Evin prison there were restrictions on access, but the
principle of public trials was in force. In any case, the judge could prohibit
access for reasons of public order.
202. Everyone was entitled to defence counsel and when the accused could not obtain
it, the court provided it. Since that was the accused's rigP ., if the accused said
that he considered himself better equipped than the lawyer to conduct his defence,
he was not forced to accept the lawyer. The Special Representative said he had
observed that, in practice, accused persons tried by the revolutionary courts did
not have a lawyer.
203. The Head of the Judiciary said that in the case of rdinery of fences, when the
parties reached e compromise, the proceedings ended. In cases of espionage, after
the accused had been arrested and th ac usation substantiated, the inv.stigaUon
anti gathering of evidence began. Evidence as weighed by the judge. If it we.
deemed adequate, sentence was passed.
204. Crimes could be commi' ed by individuals or groupe tn the latter case, the
accused could not be infor of the charges against them during the investigation
stage because that would p Judice the outcome of the investigation. Concerning
the applicability of erticle 11, he said that decisions of the revolutionary courts
were not finalt the accu3ed could appeal them or requifiet that they be reconsidersd
and the Supreme Court could review them.
10. Interview with the Judicial Deputy to the Head of the Judiciary
205. The Judicial Deputy, Dr. Mehrpoor, referred to the Islamic Declaration of
Human Rights and to the Special Representative's previous report. He said that
comparative study of the Islamic system and the international system had begun with
particular reference to human dignity and the right to life, drawing comparisons
between Islam and Christianity. Concerning the need for defence counsel, he said
that the Constitution provided that a lawyer must assist the accused in court. OE
Head of the. Judiciary had made a statement on that point. Concerning the crediting
/ . . .
A/4 5/697
English
Page 48
of the period of pre-trial detention to the term of imprisonment imposed by the
sentence, he said that under a bill currently being drafted detention prior to the
date of the verdict would have to be credited to the term of punitive detention.
He added that many people had been amnestied, and provided a list: which is
reproII ced in appendix VII. He said that the rules of Islamic law could not be
repealeU the penalty of flogqing, for instance, was provided for in Islamic law.
However, it was being imposed less and lass frequently, for it was usual y replaced
by a fine or imprisonment. The Special Representative said he hoped that flogging
would be replaced by fines In all cases.
206. Concerning the revolutionary courts, the Judicial Deputy said that the
sentences passed down by those courts could be appealed, or reviewed by the Supreme
Court of Justice. The act allowing for the possibility of appeal or review hed
been promulgated two years previously. Article 11/2 of the Administrative
Regulations governing the Revnlutionary Courts and Public Prosecutor's Offices of
1979 which provides that “judgements of the revolutionary courts shall be final
and no revision be ,.ade thereon”, had been tacitly repealed because the 1988 act on
appeal procedures took precedence, particularly its article 5 which stated “With
regard to the decisions of penal 1, legal 1, military 1. special civil and
revolutionary courts which have been reversed by the Supreme Court, the authority
for revising and passing a new judgement is a court equal to the court which had
passed the first judgement”.
11. Interview with the Minister for Foreign Affair s
207. On Monday, 15 October, the last day of his visit, the Special Representative
was received by .he Minister for Foreign Affairs, Mr. Au Akbar Velayati. The
Special Representative summarized the main points of his visit and thanked the
Iranian Government for its co-operation. The Minister said that it was his
Government's policy to continue its co-operation with the Special Representative.
He said he hoped that by now, at the end of his becond visit to the cou' try, the
Special Representative was able to see that the allegations of human rights
violations were false and that the situation of human rights in the Islamic
Republic of Iran was comparatively better than in other countries of the so-called
“third world”. The Minister expressed surprise that the Commission on Human Rights
should have decided to examine the situation of human rights in his country and not
the situation In other countries where respect for those rights was known to be
much worse. He said he hoped that such discriminatory treatment was not
politically motivated or designed to put pressure on his country. He also hoped
that the Special Representative had not been pressured by other Powers or groups.
208. The Special Representative replied that he had not been pressured by any
Government - neither the Government of the Islamic Republic of Iran nor other
Governments or by individuals or groups. In any case, his sense of duty would
make him reject any attempt to pr ssure him.
209. The Minister said he hoped that at its next session, the Commission on Human
Rights would change Its attitude to the Islamic Republic of Iran. Otherwisc, a
sector of national public c i ion might interpret the official attitude of
. ,...
A/46/697
English
Page 49
co-operation with the Special Representative and the Commission on Human Rights as
a mistake. In any event, international monitoring of the human rights situation in
the Islamic Republic of Iran should not continue indefinitely. The country could
not tolerate such monitoring for long. If the Commission on Human Rights did not
change its attitude to the country, some hard-liners within the country would argue
that the conclusions of the Special Representative's reports and his visits to the
country, as well as the voting within the Commission, were politically motivated.
210. The Special Representative expressed satisfaction that the Gove nment had
acted on one of the recommendations made in his barlier report and had invited the
International Crsmmlttee of the Red Cross (ICRC) to viait Iranian prisons. However,
an agreement would have to be concluded with ICRC so that prison visits co 1d begin
as soon as possible. The Minister said that a high-level ICRC delegation had
already visited the country and that a director would be arriving shortly to work
out the details oC the agreement. Once the necessary arrangements were made, ICEC
would be able to begin its work immediately and make regular prison visits. The
Minister mentioned that the S ecia1 Representative had been bble to interview, in
private and in complete freedom, many of the prisoners he had asked to see. That
was a demonstration of the Government's trust, for he had even been allowed to
interview people convicted of supplying information on national security to foreign
Powers. .
211. The Special Representative then asked the Minister for a detailed Government
response to all the liegations of human rights violations contained in his earlier
reports and in the two memorandums submitted in 1990. Such replies were crucial to
the performance of is mandate. He also asked that the Government respond to his
req asts made on purely humanitarian and non-political grounds. The Minister
answered that his Government would provide such replies, some of them before the
end of his visit, and that it would consider his ht'manitarian requests.
212. Lastly, the Minister expressed satisfaction at the holding at Tehren
University of a seminar on human rights in international law and Islamic law, which
had been attended by eminent lege experts and philosophers from )ermany and a
number of Islamic countries and had formulated valuable conclusions.
12. Fiz.1 interview with the Deputy Foralyn Minister
213. After the meeting with the Minister for Foreign Affairs, the last official
meeting of the visit took plc..ce. Deputy Foreign Minister Mnttaki recalled that
during the Special Representative's first visit there had been a diacussion of the
particular features of Islamic human rights principles ant the Government's
attitude of co-operation with the Special Representative end the Commiesion on
Human Rights had been confirmed. It was in keeping with that attitude of
co-operation that the Special Representative had been invited to visit the country
a second time. One practical result of that co-operation was that talks had begun
with senior ICRC officials on authorizing members of ICRC to make regular prison
visite, as recommended by the Special Representative. A specific agreement o that
effect would be reached shortly.
/ . . .
A/45/ 697
English
Page 50
214. Concerning the Special Representatives recommendation that the right of all
accused persons to legal counsel must be guaranteed, he said that a bill to that
effect, which would expand on the relevant provision in article 35 of the
Constitution, had been presented to Parliament, Legal counsel would even be
available before the oral proceedings. in other words, during the investigation of
the detainee.
215. The Deputy Foreign Minister also said that, in keeping with the role played by
compassion in Islam and with the Special Representative's recommendations, the
policies of amnesty and pardon had been developed and expanded. Moreover,
concerning the recommendation that comparative studies and seminars be conducted on
the international system for the definition and protection of human rights and the
Islamic system, he said that the progress made included the recent holding of a
seminar at Tebran University. Further to another of the Special Representative's
recommendations, the Government had decided to request assistance from the Centre
for Human Rights, under the latter's programme of advisory services, for a
comprehensive, long-term project.
216. Concerning the number of executions, he said that further to one of the
Special Representdtive's recommendations, the number of executions had declined
significantly since 21 March 1990, the .iate of the Iranian New Year. The purpose
of executions was not only to punish criminals but L lso to deter others from
committing of fences. however, executions were being carried out only for the most
serious crimes, such as drug trafficking, espionage and murder. In that
connection, he handed over a list of 113 executions carried out since the Iranian
New Year (21 March 1990). According to that list, 32 people had apparently been
executed for ordinary crimes, 71 for drug treffickinq, 4 for activities contrary to
national security, co-operation with armed groups and drug traffickers, 3 for
terrorist acts, 2 for espionage end 1 on unspecified charges.
217. Concerning replies to the allegations transmitted by the Special
Representative, the Deputy Foreign Minister said that the Government would do its
best to reply to all the allegations “ede. However, those allegations would have
to refer to problems in applying the law, the severity of penalties in relation to
the crimes committed, or consistency between the penalties imposed and the laws in
force. They could not be allegations questioning the Islamic legal system, laws
or, specifically, the provisions of the Penal Code of the Islamic Republic. Those
were 4 .esues which must be dealt with in other, primarily academic, forums and in
other circwiu tances. The Deputy Foreign Minister also announced that the
Government ha presented to Parliament a bill under which the time spent in prison
before sentence was passed must be credited to the term of punitive detention. The
Special Representative expressed satisfaction at that initiative.
218. The Deputy Foreign Minister also s.iid that the Islamic Republic was open to
anyone who wished to examine the situation of human rights there. In that
connection, he announced that the Govrnmant was giving favourable consideration to
a request by Amnesty International to visit the country. He also reported that the
Head of the Judiciary had replied to many letters containing allegations. He said
that there was complete freedom of expression in the country and that a wide
variety of views existed on domestic and international issues. No one was being
A/45/697
Eng 11 a h
Page 51
investigated or detained simply because of his political views and any citizen
could express his political views openly every day in the mass media, on the street
or In the mosque. Parliament reflected the diversity of political views in the
country.
219. The Deputy Foreign Minister next eferred to the bpecial Representative's
visit to Evin LLison. He said that the Special Representative had been able to
interview in complete freedom most of the prisoners he had asked to see, including
those accused and convicted of spying for enemies of the nation a d of attempts on
the security of the State. He added that the reasons why he had not been able to
interview the other prisoners had been explained to him at the timei they had been
released, they had been on temporary leave from the prison, or their trials were at
the investigation stage and the prosecutors had not given the necessary
authorization. In any case, the Government had trusted the Special Representative
enough to let him interview people who had supplied foreign Powers with hiahly
strategic internal information, even in wartime. That demonstrated the
Government's attitude of co-operation towards the Special Representative and the
Commission on Human Rights. If that co—operation was to continue, however,
p.ejudiced attitudes and preconceptions about the situation of human rights end
fundamental freedoms in his country would have to be abandoned, the remaining
obstacles would have to be removed and there would have to be n end to the double
standard whereby the human rights situation was investigated in some countries but
not in others where there were more serious and systematic human rights
violations. He hoped that the meetings of the Third Committee of the General
Assembly would mark the opening of a new chapter in co-operation between the
Islamic Republic of Iran and the United Nations.
220. Lastly, the Deputy Foreign Minister handed over to the Special Representative
a list giving official Government information on the alleged executions of
3,620 people mentioned in different reports of the Special Representative
(E/CN.4/1988/24, B/CN.4/1989/26, A/44/620 and E/CN.4/1990/24). The information in
the list had been compiled by the Statistics Department of the Ministry of Justice,
the Police Identification Unit and the Registry and Statistics Organization. A
summary of the list is contained in appendix VI.
221. OEe Special Representative thanked officials of the Ministry of Foreign
Affairs and the Government for the facilities and co-operation extended to him
during his visit.
C. tj aringQf rJ.eonexa at Evin pritQ
222. The visit to Evin prison took place on 13 October 1990. The Special
Representative was received by the Chief of the prison administration for the
Tehran area, his deputy, the director of Evin prison and an official of the
Ministry of Foreign Affairs. OEe Chief of the prieon administration explained that
there were presently some 2,000 prisoners detained at Evin, of whom 60 per cent had
been sentenced on charges relating to the use or trafficking of narcotics,
35 per cent were common criminale and only 5 per cent (between 100 and 105 persons)
were pLlltical prisoners. He added that all political prisoners of Tahran province
,...
A/45/697
English
Page 52
were detained at Evin. The Director of Evin prison again stressed the special
character of the Iranian priuon system which was aiming at the rehabilitation and
re-education of offenders. That explained the frequency of amnesties as well as
the possibility for many prisoners to be granted leave which could range from three
days up to a year. Leave could be granted both to common and political prisoners.
The prison officials expressed regret that the Special Representative had chosen
mainly persons who were known as opponents to the 0over unent, or had been newly
arrested, because there had been little time for the authorities to influence in a
positive manner their misguided convictions. He further stressed that the prison
administration must be given an opportunity to defend itself against any unjust
accusations that might be voiced by any prisoners the Special Representative would
see.
223. Since the Special Representative had already visited various installations at
Evin prison, he requested that his visit be devoted this time exclusively to a
hearing of IIe 26 prisoners he had selected. The 26 names given to the authorities
on 9 October 1990 concerned cases on which the Special Representative had received
particulai y detailed information. Th y can be classified into the following
categoriest (a) prisoners allegedly convicted and sentenced to execution;
(b) prisoners allegedly subjected to torture; (c) prisoners who allegedly suffered
reprisals after having met the Special Representative during his first visit ;
(d) prisoners of foreign nationality; (e) prisoners belonging to the group of
persons who had signed the open letter of former Prime Minister Bazargan to the
President; (f) prisoners belonging to the Baha'i community; and (g) a group of
female prisoners, two of whom the Special Reprdsentative had seen during his firat
visit.
224. The Special Representative was told upon arrival at Evin prison on
13 October 1990 that, fo various reasons, it would not be possible .o see all
26 persons. The Special Representative, therefore handed to the authorities an
additional list of six persons.
225. The Director of Evin prison explained that two persons appearing on the first
list had been released, four persons had been granted leave, and that two parsons
were deta1ned at Arak and Karaj, respectively, and could, therefore, not be met at
Evin. For a group of 10 prisoners (six on the first list and tour on the second)
he had not received euthorizaPion from the prosecutor to present them to the
Special Representative, since their cases were still under investigation. The
Special Representative pointed out that the cases of other prisoners whom he would
be allowed to meet were alsc under investigation, in some instances even in
connection with the same offence of which other prisoners whom he would not be
permitted to see were charged.
226. Appendix IV of the present report contains the names of all those prisoners
which the Special Representative had requested to see, as we1 as the reasons given
by the authorities with regard to those with whom he could not meet.
221. Among the persons who were not available for a hearing by the Special
Representative was Mr. Roger Cooper, whom the Special Representative had
unsuccessfully tried to see during his previous visit. Asked about the reasons,
- /...
A/45/697
English
Page 53
the Director of EvtA replied that the trial of Mr. Cooper was still, pending. The
Special Representative recalled that, on his first visit, he had been told that
Mr. Cooper had been sentenced to 10 years in prison and that his sentence was being
translated into English. The Director said that the trial was not over because the
sentence had been appealed. The Special Representative said he did not consider
this a valid reason for refusing to let Mr. Cooper see him, for the interviews were
neutral and had nothing to do wit the status of trials. Moreover, some of the
other prisoners he was going to interview had appealed their sentences and he did
not see why Mr. Cooper's case should be handled any differently. The Director
replied that a new accusation had been made against Mr. Cooper and another triel
had begun, related this time to moral issues. He then confirmed tha Mr. Cooper
had been sentenced to 10 years of imprisonment.
228. During the ensuing nterviews, which took place in an office of the
administration of Evin prison without the presence of Iranian officials, the
Special Representative spoke briefly with the following personat
Mr. Jamehid Amiri-Sigvand , 4r. Bahman Agahy, Mr. Hooshang Abmadi Rigvand,
Mr. Noureddine Kianouri, Ms. Meriam Feirous, Mr. John Fattia,
Mr. Nour Ali Tabandeh, Mr. All Ardalan, Mr. Farhad Behbahani,
Mr. Hossein Shah Hosseini, Mr. Bad ul1 h Sobh ni , Ms. Sakineh Sedaghat,
Mr. Ezzatollab Sahebi and Mr. Khosuro Mensourian.
229. The Special Representative first received Mr. Klanouri, the former
Secretary-General of the Tudeb Ferty, whom he had already seen during his first
visit and who, on that occasion, had made serious allegations of torture. He also
saw his wife Mortem Feirous. Concerning both persons, allegations have been
received that they had suffered reprisals subsequent to the Special
Representative's first visit (see peru. 76). Mr. Kianouri stated that the
permission given to him to see his wife and daughter once a wook for one hour had
been reduced to one telephone call to his wife every four weeks and one visit from
his daughter every two weeks. However, he had not been placed in solitary
confinement, as alleged, and three weeks before, the previous rhythm of visits was
again being applied. He appeared. to be in better physical condition than in
January 1990. Mr. Kienouri further stated that he had requested that permission be
given to his wife to urdergo surgery out ido the prison, but that the authorities
had so far not acceded to this request. Mrs Meriin Feirous referred to various
types of torture inflicted upon her at the beginning of her detention, which
started in 1982. This torture had resulted in the loes of hearing in one ear,
considerable difficulty in swallowing food and various other consequences as a
result of heavy beatings. She requested that she be allowed to give her statements
standing, as she suffered pain when sitting. Given her physical condition, she had
equeated the prison authorities not to oblige her to share a cell with others and
this had been granted. On the other hand, the lack of company had resulted in
serious psychological strain. She also said that during the eight years of her
detention, and particularly during the past three years, she had received
sympathetic treatment from a number of persons within the prison.
230. The Special Representative then met Messrs. rdalan, Behbahani, Mensourien,
Sahabi, Shah Hossolni and Tabandeh, who had signed the open letter of former Prime
Minister Mr. Bazargan to the President of the Islamic Republic of Iran. The..
/ . . .
A/45/697
Eng 118 h
Page 64
persons eta & d that they had been arrested in June 1990, some 20 days after the
publication of the open letter, and since then had been kept in olita y
confinement, some at Tohid prison (formerly called Central Komiteh Prison) and at
Evin prison. While some of them stated that they had ..eceived written charges,
others said that they had learned of the accusations indirectly through questions
put to th '. by their interrogators. According to the detainees, the charges varied
from case to case, such as ‘rneasures offending national interest and sovereignty”,
‘participation in activities against the revolution and national Interests”,
‘publication of the open letter and dissemination of its content abroad', etc. In
several instancea, the interrogators alleged that there had been a co-operation
between the group of signatories of the open letter and a foreign int.el]igence
agency and that by publicizing the letter abroad the group had played into the
hands of the enemy, Mr. Ardalan, the Chairman of the executive committee of the
Association for the Defence of Freedom and the Sovereignty of the Iranian Nation,
categorically denied that the Association had attempted to become a political
alternative to the present Government or had ever engaged in activities that could
be construed in any way as espionage. If any of the co-signatories of the open
letter had had contacts abroad, this was a private initiative of the individual
concerned and not a policy of the Association. Mr. Behbahani stated that the
authorities had resented that the open letter had reached foreign media. In this
connection, he was questioned about a visit to the United States where he had met
friends nine months before his arrest. He stressed, however, that he • ad neither
been accused of, nor had he confessed to, any charges of espionage. When he
appeared on television on 6 August 1990, he had simply admitted to have realized
that the position taken by the group of signatories was in conformity with the
policy of a foreign Power and that, as such, their position was wrong. He also
expressed himself in favourable terms with regard to prison conditions, He said
that the treatment was satisfactory and the food superb. This contrasted sharply
with statements by others who complained about the extended duration of solitary
confinement (at Tohid prison in cells not bigger than 3 x 1.17 metres) for which
there was no legal limit as long as the case remained under investigation, the very
rare occasions on which contacts with relatives had been permitted and the lack of
legal counsel. In one case, severe beatings were alleged. Generally, most of the
persons belonging to this group appeared to be under great stress. Some of them
requested Fpecialized medical treatment from outside the prison, in view of their
ailments, advanced age and the difficult conditions of four months of solitary
confinement.
231. The Special Representative also met Messrs. Amiri-Bigvand, Agahy and
Ahmadi Bigvand, all accused of espionage (see para. 35). The first two persons
confirmed that they had been tried and sentenced to execution, whereas the third
ierson de 'lared thai his trial had taken place two years ago and that he was still
awaiting to be informed of the sentence. Their trials had taken place beforo a
revolutionary court, without foEmal charges or defence counsel. One of them stated
that hi trial had lasted only 15 minutes. The two convicted persons had made
confessions on television enu had appealed against the verdict. They had not been
informed of the follow-up to their appeals.
232. The Special Representative also saw Mr. John Pattis, a United States citiran
sentenced to 10 years' imprisonment on spying charges. Mr. Pattis said that hc had
, . . .
A/45/697
Eng ii Bh
Page 55
admitted having worked for a foreign intelligence agency. During the
investigations he had never been presented with formal charges and was held for
three months in solitary confinement. In September 1986, he made a public
confession on Iranian television. His trial before a revolutionary court took
place in March 1987 before one judge, one representative of the prosecutor and one
Interpreter. There were three witnesses of the prosecution and the court session
lasted approximately four hours. He had not benefited from legal counsel and the
sentence was passed with the annotation that it could not be reduced. Since then,
he had received three consular visits, in 1987, 1988 and 1989, from the United
States Interest Section at the Swiss Embassy. He had not been tortured but had
received threats. He was being held in a tell with two other foreign6rs
(M L. Cooper and a prisoner of German nationality) and affirmed that prison
conditions had improved significantly before the Special Representative's two
visits.
233. Mr. Sobh ni , a retired employee of the Ministry of Education, stated that he
had been arrested a month before, as he was unable to repay the pension he received
during the past 14 years. This had been requested since he was a Baha'i. He was
simply told by the authorities that, as long as his family could not pay his bail,
he would remain in prison. He had never been formally charged, nor had he been
presented to a judge. Since he had no hope of ever being able to pay the requested
sum, he feared that he would be imprisoned for the rest of his life.
234. The Special Representative also received Me. Sakineh Sedaghat Reshdi, who was
arrested in 1988 while trying to leave the country illegally. 3he was sentenced by
a revolutionary court to three years' imprisonment, without access to legal counsel
and stated that she had recently received permission to leave the prison for one
week and was receiving visits from members of her family.
D. Trial proceedings at Evin priaon
235. The Special Representative had requested the opportunity to be present at
trial proceedings of a revolutionary court concerning an offence for which capital
punishment may be pronounced. On 14 October 1990, he was invited to attend trial
proceedings at Evin prison which, however, appeared to concern an offence (armed
robbery and banditry) that doeb not fall into the compet nce of revolutionary
courts. According to official information received from the Ministry of Foreign
Affairs, revolutionary courts are competent for the following casess “All crimes
committed against the internal and external security of the state, or related to
corruption on earth or war against Allahi attempts against the life of political
authorities; all crimes related to narcotics and smuggling; all cases related to
murder, massacre, imprisonment and torture with the purpose of consolidating the
Pehlavi r gime and suppressing the strugg1 of the Iranian people, both as
perpetrator and abettor; misappropr .etIcn of public funds and profiteering and
hoarding of foodstuff”.
236. A judge presided over the herring in the presence of nine accused and five
victims. There was a defence lawyer who asked to speak. at the end of the heating,
before sentence was passed. The judge read out ver ee from the Koran and then
, . . .
Al 45 / 697
English
Page 56
asked the accused to introduce themselves and answer questions. The prosecutor
read out the accusation, mentioning eight different acts of armed robbery committed
by the nine accused. The six victims then testified.
237. The prosecutor asked each of the accused whether they admitted to having
committed the offences, and all of them answered in the affirmative. The judge
repeated the question, asking the accused whether they admitted to the of fences;
they again answered in the affirmative. The judge asked each of them what he had
to say in his own defence and they all answered that they simply begged
forgiveness. He then asked one of them why he had committed the offence and the
answer was one words “stupidity”. The judge asked whether they were ready to
apologize to the victims and some of them simply said no.
238. The judge turned to the victims. The first of them said that he held to his
version that the attackers had used weapons, even though they denied this. One of
the plaintiffs said that one of the accused had apologized to him but the other two
had not, and that if they apologized he would withdraw his complaint. Each
plaintiff in succession then described his reactions and wishes.
B. jnform tiQz1 received by the Special Representative
from non-governmental sources
239. The Special Representative was informed by the Minister for Foreign Affairs
that a number of Iranian non-governmental organizations had requested the Ministry
to arrange for meetings with him during his stay in Tehran. The Special
Representative accepted this request and, on 12 October 1990, met representatives
of the following organizations: Organization of Iranian Women; Workers' House;
Organization for Defending Victims of Violence; Association of Families of Martyrs;
Teachers' Ass iation; Writers' Association; Association of High School Students;
and Organization for the Defence of Victims of Violence.
240. The Organization of Iranian Women stressed that women enjoy id freedom in
absolute terms without any limitations. They stated that women had freely chosen
the law of Islam and that their only complaint was that not all Islamic rules were
as yet fully implemented. They thought it a cruelty to preteiid that men and women
are equal, since the two sexes had very distinct characteristics.
241. The representative of Worxers' House explained that that organization was the
principal trade union of the country and participated in the work of the
International Labour Organisation. He stated that many of its leaders had been
assassinated by counter-revolutionary groups and that they still feared for their
safety. The most recent assassination had taken place at Sanadaj some two weeks
before. He described the union's relationship with the Government as satisfactory,
although not all promises had been fulfilled end difficulties with regard to
housing and the level of salaries still existed. However, the organization had
realized the limitations that the Government was facing in this regard in view of
the consequences of the war that had been imposed upon it.
. ,...
A/45/697
ng ii sh
Page 57
242. The Organization for Defending Victims of Violence presented several
witnesses, three of whom stated that they had been former members of the Mojahedia
Organization. They had subsequently been imprisoned and amnAstied. All of them
stated that they had received “humane and Islamic treatment” while in prison. At
present they did not have problems with the authorities but were living in constant
fear of reprisals by the Mojahedin Organization. One of them said that he had been
given a job in the administration. A fourth witness said that he was a former
communist but had realized that his activity as a journalist for communist
publications was equivalent to the crime of spying. Two persons presented by the
Organization, Ismail Asghar-Nejad and Mohammed Shabanzadeh, stated that their names
had been included in a list published by the Mojahedin Organization of persons
allegedly executed y the Government. They showed their identity cards, of which
photocopies were taken. The name of the first person appears in the list of
alleged executions annexed to the Special Representative's report to the
forty-fifth session of the Commission on Human Rights. ai The name of the other
person does not figure in any list available to the Special Representative.
243. The Association of Families of Martyrs requested the Special Representative to
devote particular attention in his report to the problem of terrorist acts
committed by the Mojahedin Organization and, in this connection, reported se', ral
killings. The Special Representative was also asked to reaffirm the specific
rights of the martyrs of terrorism. The Association further referred to the Baha'i
community, which they accused of financially supporting the State of Israel. Those
Baha'is who refrained from such activity did not suffer any discrimination in the
country.
244. The Association of Teachers referred to certain problems that those in their
profession were facing, which they, nevertheless, fully a cepted. The difficulties
they mentioned concerned economic restraints for schools, limitations for women
with regard to puz 'Aing certain university studies and limitations for Armenians
and Kurds regarding the teaching of their respective languages and culture in their
schools. They also complained that it was not admissible to criticize the
Government for such situations.
245. The Writers' Association, represented by three women, referred to the strict
control to which they had been subjected during the Government of the Shah. The
main problem they were facing at present was the fact that they were not allowed to
write about non-religious subjects. Numerous members wished to describe the
problems of present-day Iranian society in the form of a story. This was, however,
not permitted. All literary works required the approval of ‘ -he Ministry of Culture
and Islamic Guidance and it was impossible to have paper allotted by the Government
and have literature published without such approval. The association considered
itself in opposition to the Government, but wanted to underline clearly the
distinction between themselves and any oppositicn groups existing outside the
country. They stated that the Government did not prevent unarmed opposition.
246. The Association of High School Students informed the Special Representative
that an organization of guardians of the Islamic society had been established in
every high school, which resulted in certain limits with regard to the freedom of
expression and instruction. Generally, they complained that standards of teaching
A145/697
English
Page 58
were low end that classes were over-crowded. Although secondary education was free
of charge, important expenses had to be incurred by the families for books and
teaching material. For that reason, they had decided to leave the organization of
Guardians and to create their own association. This did not mean, however, that
they were political opponents of the Government or that they sympathized with the
Mojahedin Organization, whose members they considered as terrorists.
247. The Association of Students explained their objectives as encompassing the
struggle for freedom of expression, the promotion of sound intellectual and
political activities, and a campaign against oppression and anti-human movements.
The Association presented various allegations concerning the activities of the
t4ojahedin Organization.
248. The Association for the Defence of the Victims of Violence also denounced
several attacks by the Mojahedin Organization.
249. At the request of the Ministry of Foreign Affairs, the Special Representative
also paid a brief visit to the Institute for International Studies. The Director
of the Institute explained that, already in the late nineteenth century, a similar
institution was founded which was later incorporated into the University of
Tehran. In 1973, a new Institute, separate from the University, was created. It
was seized in 1980 and re-established in 1983. At present 380 students studied at
the Institute, of whom 100 were staff members of the Ministry of Foreign Affairs.
Four permanent professors and several invited professors gave courses on the
practice of diplomacy and negotiations. Every year a number of students attended
the session of the General Assembly. Owing to the lack of time, the Special
Representative briefly greeted the students, but was not in a position to give a
lecture to them, as had been requested.
F. Information received from private persons
250. During his stay at Tehran, the Special Repr sentative once again paid a visit
to Mr. Mehdi Bazargan, first Prime Minister of the Provisionc 1 Revolutionary
Government, who received him in the company of Dr. Yazdi, former Foreign Minister
of the same Government. Mr. Bazargan expresRer.L great concern over the detention of
signatories of his open letter to the President and emphasized the illegality of
both the arrests and the fact that the authorities had voiced accusations in
public, in particular, such serious charges as espionage. The latter violated the
principle of presumption of innocence of the accused. Mr. Bazarqan pointed out
that, after the arrest, he had sent a series or additional letters to the
authorities, in particular the Head of the Judiciary, of which he handed copies to
the Special Representative. He said that he had never received any reply to those
letters.
251. The open letter criticized the Government for the worsening economic and
social situation and the lack of fceedom and security in the country. It accused
the Government of mismanagement and of an extremist foreign policy which has led to
the country's isolation in the interi.ational community. The aignutories of the
1 tter invited the President and his G vernznent to take the following measures and
policies:
/ . . .
A/45/697
English
Page 59
“(a) To prevent the perpetration of violations and destructions in the
country and to avoid signing subjugating and not nationally supervised
agreements with foreigners;
“(b) To restitute the legitimate rights of people stipulated in
chapters 3 and 5 of he Iranie.n Constitution and to stop suppressive policies
of some [ government) institutions and organs:
“(c) To safeguard and guarantee freedom of activity for those political
parties and associations and press wtiich have legal and open tivities;
“(d) To provide opportunities for free and undisturbed debates, talks and
exchange of views for the purpose of resolving problems of the country and
seeking sincere cc-operation of people and eventually paving the way for
establishing the legitimate rule of the people.”
252. Mr. Sazargan f'4rther stated that none of the arrested persons had been allowed
to avail themselver. of legal counsel, that virtually all were held in isolation and
that their contacts with relatives and friends had been extremely limited. As he
had stressed in various letters to the authorities, it was illegal to detain
persons without informing them of the charges held against them within 24 hours and
keep them In solitary confinement for such extended interrogation by agents of the
Ministry of Intelligence without passing the cases to the competent courts. He
also drew the Special Representative's attention to the precarious health situation
of some of the detainees. lie further mentioned that the offices of both the
Freedom Movement (the party of which he was president) and the Association for the
Defe. ce of Freedom and the Sovereignty of the Iranian Nation had been closed by the
authorities and that all their files had been confiscated. According to an
announcement of the revolutionary prosecutor, the Association for the Defense of
Freedom and Sovereignty of the Iranian Nation had been prohibited. However, the
revolutionary prosecutor was not competent to make such a statement and a ruling
concerning the dissolution of a political party or association, in accordance with
the existing laws on political parties and associations, could only be made by a
special court of the Ministry of Justice upon a complaint by tne Minister of the
interior. With regard to his own party, the Freedom Movement, no formal decision
had been taken, but since its building and files had been confiscated, its
activities were ?_factQ restrained. The Freedom Movement had provided all the
information required by the Ministry of Interior in accordance with the L aw on
political parties and the Minister had not declared its functioning iliegal within
the three-month period stipulated by the law.
253. Mr. Bazargan further mentioned that on numerous occasions the authorities had
officially recognized the right to criticize the Government and an example of this
were the discussions in the Majlis (Parliament). Ho'wbver, a number of deputies had
publicly declared that they did not feel safe to say everything they wanted to
say. He cited several names of deputies who had been eliminated from the Majlis as
a consequence of critical statements.
,...
A/45/697
English
Page 60
254. Other private persons, including Ayatollah Sayed Abolfazi Musavi Zanjani, the
euthor of a comparative study on Islamic principles and the Universal Declaration
of Human Rights. complained about the lack of freedom of expression. According to
assertions by several persons, the manner in which this manifested itself varied
from case to case, ranging from intimidation and threats by members of the
revolutionary guards or other orqanized groups, dismissal from employment,
exclusion from public activity to detention and indictment or de facto isolation or
house arrest, such as in the cases of Ayatollah Qomi In Mashad or Ayatollah Roheni
in Qo14. These persons also referred to a variety of strict measures of control
over any opposing views, such as the ins ection of correspondence, the tapping of
telephone conversations, and a network Oi inquisition exercised by the
revolutionary guards and agents of the Ministry of Intelligence.
255. Relatives of Mr. Amir Taavo% i reported that he was arrested together with his
wife and his four-year-old daughter in 1982, on charges of sympathizing with the
Mojahedin Organization. His daughter was released after 40 days of detention and
he was sentenced seven months later to five years of imprisonment. The relatives
affirmed that he was tortured and that as a result of beatings he could hardly
stand on his feet when they visited him at Evin prison. He was released in 1986
and, since he could not obtain a passport, he fled the country together with his
wife and daughter. He was rearrested at the frontier in 1987 and, after 10 months
of imprisonment, without trial, was executed at Evin prison.
256. One person, who requested that his name be kept confidential, alleged that
some 50 former members of the Mojahedin Organization were kept in Incommunicado
detention at Evin prison in the so-called “Section 209”. The names of these
prisoners did not appear on the prison register and the persons detained in this
Section required the urgent attention of the Special Representative. A similar
assertion was received from a 1 ormer detainee at Evin prison, Since t iis
information was given to the Special Representative on the last day of the visit,
he had no occasion to follow it up with the authorities.
257. Nehid Araba]i, Effat Bahrololousn, All Jajarmi, Maryam Rahmanian-Kooskak.t and
Mahshid Shakernia stbted that the Mojahedin Organization had reported their
execution. They presented their identity cards and it was later established that
the names of the first and third persons appear in a publication by the tdojahedin,
that the names of the second and fifth persons are listed in the annex of the
Special Representative's report to the General Assembly at its forty-fourth sessio
(A/44/620), and that the name of the fourth person Is included in the annex to the
report to the Commission on Human Righta at its forty-fifth session. 1/ It should
be noted, however, that the lack of personal data other than the name, as well as
discrepancies in the spe1 Ing of names do not permit one to establish with
certaint ' that the listed persons are identical with those who appeared before the
Special Representative.
258. Several persons said that they were Iranian prisoners of war in Iraq and
alleged that they had been inIItced by the Mojahedin Organization to join their
ranks. The Special Representative considers these situations outside the framewo:
of his mandate and, therefore, refrains from reporting on the numerous detailed
descriptions )“ eceived on such cases.
A/45/697
nglish
Page 61
259. Co-ordination between Islamic law and international law was the subject of a
private conversation with Ayatollah Yafari, who long before had invited the Special
Representative to discuss that matter with him. The Ayatollah expressed the view
that a truly universal order of the rights of human beings should be based on the
common principles of Judaism, Christianity and Isiwn. In this connection, ho
suggested the creation of an “Abraham Society” in the framework of which the
implementation of these principles could be studied.
260. Hundreds of letters and written communications were again received by the
Special Representative during his visit. Since most of them were received in
Farsi, they could not be translated and analysed in time for the completion of the
present report. The Special Representative, thexefore, Intends to revert to these
communications in his report to the next session of the Commission on Human Rights.
C. Meeting with members of the Baha'i community
261. The Special Representative also met three members of the Baha'i community, who
essentially confirmed the allegations received earlier. At the same time, they
recognized the willingness of the Government to solve the outstanding problems and
stated that discrimination, in particular business and occupational deprivation,
although still existing, had been somewhat relaxed, that confiscation of property
had been limited in the present year to one case only and that petitions regarding
confiscation of farms and orchards had met with some positive reactions, though so
far with little tangible results. Nearly 300 Baha'is had applied for passports but
only 2( had obtained them, as well as the necessary exit permits, and some more had
been summoned to interviews, possibly leading to the issuance .f passports. Daha'i
students rere still not admitted in colleges and universities, but those who were
denied admittance in primary or secondary schools were now permittLd to continue
their education at pre-' ollege levels. The courts of justice still did not accept
heredity petitions presented by Baha'i heirs end many Beha'ia were deprived from
entering into business transactions. However, in some localities Baha'is were now
being granted business liconces, With regard to the problem of cemeteries, there
were still no formal ownership rights given to the Baha'is guaranteeing their
places of burial. Medical doctors could only exercise in private practices and
could not take part in the national insurance scheme; and Ba.ha'i lawyers were not
admitted in the bar association or in courts. Reference was also made to the
enormous financial pressure to which members of the community were subjected , to
the impossibility of obtaining credit, or to accede to higher positions, even in
cases of academic qualifications acquired abroad. A person who had been involved
in scientific research for many years related how she had been ousted from Tehran
University, together with other Baha'i professors ‘who were now trying to survive as
truck drivers or flower salesmen.
262. Some positive developments were said to consist in the pnrtial lifting of the
ban on meetings, allowing a maximum of 15 Baha'i to attend their 19-day feasts.
For Baha'i funeral meetings there were no restrlcUons on the nuzrber of persons
attending. Furthermore, Baha'i families received food allowance booklets and
coupons and were given permission to connect their telephones, which had been
interrupted for many years. Finally, the regulations affecting married conscripts
were now also being applied to Baha'is.
/ . . .
A/45/697
Bug ii sh
Page 62
H. Meeting with the Armenian community
263. On Sunday, 14 October 1990, the Special Representative attended mass at th
Armenian Orthodox church and met Archbishop Artek Manookian. Allegations received
prior to the visit in connection with the situation of the Armenian community are
reflected in paragraphs 98 to 101. The Archbishop deplored in pat ticular the
extremely limited possibility of language training in the Armenian schools - only
two hours per week at the primary school level and none at the secondary school
level - as ‘well as the lack of religious education. In the latter respect, some
progress had been made in reaching an agreement with the Government in the question
of the catechism, but the implementation of the agreement was still being awaited.
V. OBSERVATIONS
A. General observations
264. Following the submission of his final report to the Commission on Human
Rights, 4/ the Special Representative received copious 1 diverse information on the
situation of human rights in the Islamic Republic vi: Iran. Encouraged by his fii at
visit to the country, Iranian exiles of all political persuasions, relatives and
friends of people with police or judicial problems and non-governmental
organizations working for the protection of human rights all provided such
information. Hundreds of letters were received, some of them in English or French
but most in Farsi. During his second visit to the country 1 the Special
Representative also received information about specific cases and heard the
Government • s views.
265. Charges and counter-charges, allegations and counter-allegations are alluded
to briefly in the relevant chapters of the provisional report. Often conflicting
data and views have been included, giving an idea of the diversity of opinions,
some of them extremely polarized, as to th situation In the Islamic Republic of
Iran. There are virtually no accounts of situations or specific cases whose
accuracy and veracity are not disputed.
266. This final chapter summing up the provisional report contains general or
specific observations, depending on the matters at issue. In a way, the
observations are the forerunner of the conchasions which the Special Representative
will submit in his final report to the Commission on Human Rights, but they are
separate and distinct from those conclusions. The recommendations addressed to the
Government of the Islamic Republic of Iran in earlier reports therefore remain
valid.
267. In preparing the programme of work for the second visit, It was necessary to
select cases which were sufficiently important and on which sufficient details wer
available for them to benefit from on-site investigation. It was possible to take
up most, but not all, of the cases salectel on previous occasions the cases of
10 prisoners accused of espionage or similar o fences could not be investigated
because the Government. would not allow the prisoners to be interviewed. The
Special Representative deeply regrets that he was not allowed to interview thsse
,..
t
A/45/697
English
Page 63
prisoners, for he believes that they could have given him information about due
process of law and the prison system. The Special Representative was also unable
to visit Gohardasht prison, where he had planned to request an interview with four
prisoners. The Government was given only a few hours' advance warning of his
desire to visit Gohardasht and he was not informed of its reasons for refusing
permission.
268. On his second visit, the Specal Representative did not have to contend with
the crowds who obstructed his first visit. On some days, relatively small groups
of people blocked the entrance to the office where he generally heard witnesses,
but even so he was able to receive witnesses at the office and to question others
at the Esteighial Hotel and in private homes. Of course, the rule of
confidentiality was observed with regard to the names of people who requested it.
269. The information he received concerned executio.is, ill-treatment and torture,
lack of defence counsel in trials before the revolutionary courts, failure to
notify detainees of the charges against them immediately after their arrest,
difficulties iii ensuring public trials, restrictions on the press, on the
publication of books and on artistic creation, problems with the right of petition
and obstacles to forming associations in general and political parties in
particular.
270. In general, witnesses and observers often seem to seem the S eci&l
Representative's visit to the country a operatiDq as some kind of panacea, and
they tend to expect spectacular results from it. That, after all, is the
attraction of the panacea which, since time immemorial, has been sought after both
as a cure for individual diseases and as a solution to social problems. It is very
difficult, in one or two visits, to change a situation as if by magic, or to
investigate thousands of cases when only a sample can be obtained of such cases and
their Implications must be enalysed by means of logic. Visits are but a rtage,
though obviously an important and essential one, in the process of verifying the
human rights situation in a given country, and evidence of a Government's desire to
co-operate with the competent United Nations organs.
B. Action taken by the Iranian Government
271. As a result of recommendations made in earlier reports and matters discussed
during the first visit, senior officials said that the Government had taken steps
to implement some of the recommendations. In uarticular, they mentioned the
decision to allow !CRC to visit prisons. The official notification of the decision
to allow prison visits imposes no restrictions whatsoever as to the prisons that
can be visited or tne kinds of prisoners or their offences. The Special
Representative pointed out that in order to implement the decision, the Go,ernment
would have to reach a working agreement with ICRC because IRC begins to make prison
visits only after such agreement has been obtained. The Special Representative
urged the c3mpetent officials to conclude such an agreemer t as soon as possible so
that regular visits to prisoners accused of ordinary and political offences could
begin. The competent off ic als said they were ready to conclude a definite
agreement with ICRC as soon as possible. On his return to Geneva, the Special
, . . .
A/45/697
English
Page 64
Representative was informed that ICRC had submitted to the Government on
24 October 1990 details of its traditional procedures for prison visits.
272. The Iranian Government has requested technical assistance from the Centre for
Human Rights. It has also brought together experts from various countries and
regions to consider ways of co-ordinating Islamic law with the obligations imposed
by international law. The Government has also granted a number of amnesties which
have benefited many prisoners (see appendix VII). Iranian officials said that they
had taken steps to improve conditions for accused or convicted prisoners and that a
special fund had even been set up, financed by the Government and philanthropists,
to provide them with financial aid.
273. Another noteworthy development is that the Government has begun to reply to
the allegations transmitted to it. It 9resented a long list of people allegedly
executed over a number of years (see appendix VI) and a list of execut. 1 .ons carried
out since the beginning f the current Iranian year (21 March 1990) (s.e
appendix V). The Government noted that there had been a decrease in the number of
executions as a result of the recommendations made in earlie.. reports.
274. In recent months, the Government's co-operation with the Special
Representative has improved and has come closer to, although it has yet to reach,
what could be considered a desirable level. The provision of information on
executions is a positive step, but a detailed response has yet to be forthcoming on
numernus allegations of human rights violations. The Government has reiterated its
willingness to reply to all these cases. It is therefore necessary to reiterate to
the Government the request that it reply in detail to all allegations regardless of
the date on which they were made, in other words, without drawing any distinction
between old and new allegations.
C. Specific observations
275. Concerning the most important right, namely, the right to life, it should be
noted that according to estimates from non-governmental sources based, Inter alI ,
on statements by the Assistant Attorney-General, the number of executions between
January and May 1990 was relatively high. Moreover, before completing his second
vi Jt to the country, the Special Representative was given an official list
indicating that 113 executions ha been carried out since 21 March 1990. The
figures provided by sources abroad are considerably higher than the official
figures. In any case, the official figures are still higher than can be considered
compatible with the restrictive and exceptional circumstances in which the
International Covenant on Civil and Political Rights authorizes Governments to
apply the death penalty.
276. The Special Representative has continued to receive many reports about the
absence of a lawyer at trials heard by the revolutionary courts. On his second
visit, in the course of interviews with prisoners at Evin prison, he was able t ..'
confirm that in five cases the accused had appeared before the revolutionary courts
without defence lawyers. Two prisoners who had been condemned to death had not
benefited from defence counsel, and had not even requested It because they knew it
,...
A/45/ 697
English
Page 65
was not allowed in revolutionary courts. A third prisoner, who was tried two years
ago and still has not been informed of his sentence, also did not have a defence
lawyer. In the first two cases, the sentence was the death penalty, and the sante
penalty is expected in the third case. These cases confirm that, in practice,
compliance with this essential element of due process of law is inconsistent and
uneven.
277. Public trials are another element of due process. According to the
information received, the Gover qnt has ruled, without mentioning any exceptions,
that trials must be public. Based on this, the Special Representative pointed out
that facilities for a public trial did not exist in prisons. When he attended a
trial in Evin prison, it was obvious that prison trials can not really be public
because access to them is subject to the restrictions inherent in prison security.
Entry to Evin prison is heavily supervised and restricted, while a public trial
requires access by the press and the public as and when they desire. The room in
which the trial was held was also too small for a genuinely public trial to be
held, for with nine accused, five plaintiffs and various court officers, it was
almost full.
278. The Special Representative found that in many cases the constitutional
obligation to inform an arrested person of the charges against him iimi ediately
after his arrest had not been fulfilled. Some prisoners had never been informed of
the charges, while others were informed two or three weeks after their arrest. A
number were not informed in writing and quite a few realised what the accusation
was from the questions asked during their interrogation. These cases would also
seem to bear out similar allegations received from different sources.
279. Special mention should be made of televised confessions. The Special
Representative talked to three people at Evin prison who had appeared on television
and confessed to the crime of espionage. All denied having acted under pressure or
in response to threats or promises. However, two of them said that it was known
from earlier cases that people who confessed their guilt in public had their
sentences reduced end were treated more leniently, and that they therefore expected
something in return. Televised confessions have aroused considerable scepticism
and they are seen as lacking spontaneity and authenticity. In view of this
situation, the practice does not contribute to the proper administration of
justice. Rather, it undermines and obscures the administration of justice for
purposes alien to it, particularly when the practice takes place in the course of
the investigation.
280. Citizens who have availed themselves of the right of petition have not
received a reply from the officials petitioned. It should be recalled that the
right of petition imposes on the authorities en obligation to respond to the
petition, although not necessarily to grant it.
281. Concerning associations in general and political parties in particular, it
should be noted that the laws regulating them impose conditions which, in theory,
are supposed to ensure that the Constitution and moral and religious principles are
upheld. In practice, however, they have the effect of ensuring that associations
whose purpose is political propaganda and electioneering or the protection of human
/ . . .
A/45/697
English
Page 66
rights are not legally recognized. Problems arise for individuals when
associations are in the process of being formed, since there is no clear
distinction between the individual responsibility of members and the responsibility
of the associations themselves, or indeed of associations whose activities are
authorized. Morecver, until an association is recognized, no judicial remedies are
available to it. Two groups outside the Government have attempted to form legally
recognized associations and have made the corresponding applications to the
Minister of the Interior. These are the Freedom Movement and the Association for
the Defence of Freedom and the Sovereignty of the Iranian Nation. Neither of these
groups has been formally authorized and their situation recently became more
precarious when accusations were rn viq against some of their members. The
authorities say that they h ive been git en de facto authorization, a aituation which
perpetuates the uncertainty about their activiti s and leaves the right of
association open to interference. Moreover, while they are allowed to publish
Itateifi.ents and manifestos, the authorities can at any time seize a publication
which provokes their displeasure. OEis tolerance does not extend to participatiox
in elections. OEe Bible Society, which has a long tradition and has existed for
many years, has also been dissclved and its papers confiscated.
282. In earlj June 1990 0 former members of the first Revolutionary Government
end eminent persons i i very broad ape..trum of professions and occupations
signed an open letter, the text of which e. .rculated world wide, in which they
called on the Government to adhere to the Constitution and criticized its economic
policies. The Special Representative was able to interview some of the letter s
signatories, many of them members of the Freedom Movement and the Association for
the Defence of Freedom and the Sovereignty of the Iranian Nation, at Evin prison.
They claimed that the open letter was the sole reason for their detention and that
the accusation of eipionage was a fabrication. One of the prisoners intqrviewed,
who had appeared on television, admitted that on a trip abroad he had met with
friends an6 that during the investigation he had acknowledged that the views of the
or enization to which he beloiged coincided with the position of foreign news
agencies, but said that he had neither committed nor admitted to committing
espionage. He said he had appeared on television of his own free will and that no
promises had been made to him. The other people interviewed vigorously denied
having engaged in espionage and said they hoped that each of them would be judged
in terms of his individual responsibility.
283. Some prisoners had been able to deduce from their interrogation that t' e
accusalion was based on two facts: first, that foreign news agencies had published
the contents of the letter before it was made known in Iran and, secondly, that the
contents of the letter coincided with the customary position of two foreign radio
stations. None of the detainees admitted guilt and one of them said that he had
been severely beaten in prison.
284. The trial of these people will be a test case for the application of the rules
of due process. It should be noted that the rules governing the Iranian judicial
system establish that during the period of investigation the accused remains in
complete isolation. As r.intioned above, the authorities allowed the Special
Representative to interview number of the accused. The sequence of events shows
that the publication of the letter prompted and msrked the beginning of the
, . . .
A/45/697
English
Page 67
judicial proceedings. The real reason for the official reaction may therefore be
the Government's displeasure at this kind of criticism. As a result, most - it not
all - of the prisoners can be considered dissidents and prisoners of opinion and
described as prisoners of conscience. During interviews, Government officials said
that calling on the Government to adhere to the Constitution implied, by
definition, that the Constitution was not being adhered to. As subsequent events
have ohown, however, freedom of expression and the right of petition are indeed
being flouted.
285. From talking to journalists and writers, the Special Representative was able
to obtain information about restrictions on the press, on the publication of books
and on artistic creation. For the press, problems begin with the distribution of
paner, which is in Government hands. The Government can use this to put pressure
on he mass media, giving them less than they need if they deviate from the
accepted or tolerated line. After this comes personal pressure on journalists
whose work is not, for one reason or another, in line with dominant official
opinion; such pressure has the effect of bringing the journalist somewhat into line.
286. According to the information received, books require prior authorization from
the competent authority. The authorities say that such authorization is granted or
denied strictly on moral grounds, but the fact is that, by law, books are also
evaluated in terms of their adherence to the Constitution. Since the Constitution
iq a political and legal insl:ument, political criteria therefore also come into
play. The writers and artists interviewed feel that artistic freedom is being
impaired. The Special Representative was told of the case of a women writer who
published a book which apparently did not meet the necessary requirements, was put
in prison and has only just been released after serving her sentence. The owner of
the publishing house was also convicted. Writers and artists want more room for
artistic expression and say that the cvrrent regulations inhibit their freedom of
expression, both in literature and in the arts. .
287. The information received about associations, the press.. books and artistic
creation, the truth of which does not appear to be in doubt, is consistent and
coherent with the laws governing those matters which senior officials explained in
the course of interviews. Given the prevailing legal and administrative situation,
it does not appear possible to exercise the right to disagree with the Government
because that right presupposes an atmosphere of social and political tolerance and
adequate gudrantees of legal security.
288. The Special Representative talked privately, in private homes, to people who
have no ties to the Government and have led a normal life, without police or
judicial complications. These people, however, agreed to be interviewed only after
taking numerous precautions to preserve their anonymity. They said they feared
reprisals if it became known that they had given information about the situation in
the country. They fear irregular groups and Kosniteh and Pasdaran agents who use
intimidatory tactics. Many people interviewed at the UNDP office and the hotel
voiced the same fears. This is further evidence of people's uncertainty about the
consequences of their actions. This uncertainty is felt even by members of
Parliament, as can be seen from a statement made in Parliament by Haeri Zadeh,
representative of the Province of Birjand: ‘I am not secuz e enough to say .ihat I
want to say”.
/ . . .
A/45/ 697
English
Page 68
289. Concerning the situation of the Baha'is, nine of them are still in prison, but
none has been executed in recent months. Many documents signed by administrative
authorities have been received, providing evidence of discrimination, confiscation,
rejection by universities, suspension of pensions, demands for the return of
pensions earned and paid, denial of passports and other irregularities. Such
measures are not taken everywhere, nor in all administrative offices, and it would
seem that the attitude towards the Baha'is and their situation depends on the
temperament and personal convictions of individual officials. OEis keeps t e
Baha'is in a perpetual state of uncertainty about their activities. The Government
should therefore be requested to take effective action to ensure that these Iranian
citizens enjoy the same civil and political rights as the rest of the population.
290. It can be concluded from the specific cases that have been confirmed IIat the
investigation of other cases would yield similar results, in other words, evidence
of further human rights violations. The enormous quantity and variety of
allegations and complaints eceived from very diverse sources, even allowing for
the fact that they may contain errors or exaggerations, provide a credible factual
basis for the belief that human rights violations occur frequently in the country
and that government action to prevent and remedy such violations has not been
eufficiont to put an end to them. We do not have the information to judge whaP
might be their conunon denominator. This explains the fear shown by independent
citizens who, when they talk, try to conceal their identity and what they really
think, and the uncertainty felt by private individuals and senior officials alike,
which makes them extremely cautious about expressing their opinions end about how
they act in general.
291. The above observations all point to the seine conclusion! that it is both
useful and appropriate that international monitoring by the competent United
Natio *s organs with a view to ensuring compliance with international human rights
instruments in the Islamic Republic of Iran sho'ald continue, that efforts should be
made to ensure the uniform end proper application of the appropriate norms, and
that a climate of confidence and legal end political, security in which people can
exercise their individual rights without adverse consequences should be promoted.
Notes
) / E/CN.4/1990/24.
Z' E/CN.4/1989/26.
/ Ibid .
4/ E/CN.4/1990/24.
/ . . .
A/45/697
English
Page 69
APPENDIX I
Names and particulars of persons allegedly executed in the lelemic
Republic of Iran. supplementary to the lists contained in previous
reports of the Special Repreaentetiva
Surname Name Data
A'yer li Fathe Babol
Abbas-Ali Ravanipoor 05.02.1981
Abedini Eamalel 1981
Abrendi 1988 Evin prison
Adibi Mabmoud .&984
Afeari Au 1982
Afehar Masawneb
Afaheri Esat 1981
Afahari Au
Aghaei Hamid 1982
Aghai Ahad 01.1990
Abmad Pour Noh nvnad Birjand
Abmadi-Nejad Saee d 1989
Abmadi-Neabad Seed 1989
Ahmadian Bi han 1985 Babol
Ahznedy Khosrow 1981
Ahmedy Pariba 09.1988
Amnady Mohaimnad 09.1988
Ahmady Farahnas 09.1988
Ahmady Mensour 09.1 88
Ahrari Leyla 1981
Aimyari Abdolmejid 1988
Akberzad-Yousef I Nasser 1981 Tabris prison
Alami Mahnas 08.1931
Alamaadeh Batoul
Alemi Mohenvnad-Resa 1981
Alemi Mohaimnad-Hadi 1981
All Seyed 01.1990
/ . . .
k/45/697
Engi I eh
Page 10
Surname Name Data Place
Ali-Nejad Abdoighader 25.07.1988
Alien-Hashed t .lehri Bander-Gas
Alidoust Masoud 1988
Alipour Hosein 19.02.1990 Sabsevar
Ameli All 1982 Evin prison
Amendi Vahid MOhBUmIadk 19.02.1990 Tehran
Amin Saleh
Amirapanehi Hoesin Evin prison
Atniri Abdollah 19.02.1990 Keraj
Aneri All Asghar 1981
ArakSadeghi Balakhen 19.02.1990 Arek
Ashar Akber Esne 1988
Aehraf I Maryam S dro1 1981
Ashtari Mehrad 08.1987
Ashtiyani Sedegh
Azah Hamid 1981
Asimi eveh 08.1989
Assani Faraaneh 1984
Bahadori ianoosh 1983 Masad Soleiman
Behnian Mashalah 1981
Bahrami Ahmed 19.02.1990 Bouehehr
Bekhsheli Mehdi
Bakhtiari 04.1990 Sanandaj
Banaf shah All Ouseti 1989
Barash Moheen 1983 Tonekabon
Baseri All 1982 Tehran
Bashiri Mansour 19.02.1990 Tehran
Ba argan Bijen 09.1988
Basazan Hossin 1981
Behdervand Parvin 1982
Behneni Assado leh 1983 . Tehran
Belivand Kumars 1982
/ . . .
A/45/697
Eng livh
Peqe 71
Surname Name
Dirany All Reza 1981 A&dbil city
Bladi Rogheyeh 15.12.1983
Bolur-Forush MehdiB 04.1990 Sanandej
Bordbari All 1984
Bordbari Reza 1984
Borghei Nehdi .
Chegini HaBG8n
Cheragh-DiBi Jamal 04.1990 Senandej
Dadgar Esmaeel 1983 Eafehan
Dahangiri Yafar 12.1988
Danesh Hohammad-Amin 12.01.1986 Irenahehr
Darabi Sayeed 1981 Noshar
Darabi Saman 1982 Hamedan
Darabi Mehrdad 1989 Boroujerd
Darvishi Hahmoud
Daryaii Mohainmad-Hosein 1988
Dehchi Nader 19.02.1990 T.hran
Dehghan Glee 1981
Derakhenfar Hehrdad 08.1989
Dinkhah Hamid 1988 Ourinieb
Doulatebadi t4ahmoud . 1984
Dowlat-Abadi Moheninad-Dareb 19.02.1990 Arak
Dowlatsehi Sewne l lah 19.02.1990 Tehran
Ebrahim-Abadi Salatin 19.02.1990 Sebsevar
Ebrahimi Aelzo l lah 1989 Boroujerd
Edulati Parvie 1981 Tehran
Eesad-Ehah Kermani Maseoud
Eliasi Nemat Tonekabon
Esfahanian Hojgan 1981 Evin prison
Eemaieli Javad
E madi Tassebeh 1989 Evin prison
Fadaii Mohammed Mished prison
,...
A/45/ 697
English
Page 72
Surname Name Data Place
Fadee Jam hid tdasjed Soliaman
Fadee Mehrdad Haajed Soliaman
Fanny Ebrahim 1981
Farahmand Mohammed 1988 Adelabad prison
Farahrnandian Javad 1981
Farahmandian Esmet 1981
Farhad 1988
Farhangi-Sabet Katayoun 19.02.1990 Sari
Fat'Hi Nader 04.1990 Sanandaj
Gaffarian Iray 1983
Ghafoury Mohammad Sadegh 19.09.1981
Goliadeh
Chajar kzdonloo Maeomeh 10.1982
Ghanemati Mostabah 1989
Ohavaini t4ousa 1988
Oholam Raze K lakjory 1988
Golijan-Moghadam Fardin 1984 Tonekabon
Golijan-Moghadam Au 1984 Tonekabon
Goizar Gho leznossein 02.1990
Goizar Gholamhaasan 02.1990
Gorbani Hussein 1981
Goreishi Semen 1981 Bandar, Abbas
Hedadan Isa 1983 Zanjan city
Haddadi Mohemmad-Saiid 1988
Hadidi Arya 07.1981
Hadipour Babak 1981
Haffarl. A1i-Akbar 19.021990 Tehran
Haj-Mohsen Hosuin 1988
Hainini Daryoush
Hemzeii Au 19.02.1 90 Arak
Henry Majid 1981 . Raaht
Hariry Massoud 1982 Evin prison
/ . . .
A/45/ 697
English
Page 73
Surname Name Date Place
Henry Shohreh 1981 Rasht
Hariry tdanaoor 1988 Gohar-Dasht
Hassani Mabmoud
Hassani Ahmad Bi.jand
Hassein Asimi Birjand
Hayeti Taszebeh 1989 Evin prison
Hedayati Zie Qahaem Shar
Heidari Jorsumeb
He at lah Oholemy 1984
Hematti Mashaa'l lah Hamedan
Heydar-Fakouri Seyyed 19.02.1990 Sabzevar
Ho abre Cyrous 1981 Suary
Hojabre Seemin 1981 Tehran
Hoseini Ai 27.03.1988
Hoseini Fanideh 2.07.1988
Hossaini Hossain
Hoasain Mohammed 08.1981
Hosseinpour Hossein 06.1981
Hosseinsadeh-Mabi Susan 14.09,1989 City of Rasht
Hossieni Seid Seleh O4. 90 Sanendej
HydasJ Amir 06.09.1981
Izedshenas Mehdi
Jabarzadeh Rasoul 1988
Jafani Mehdi 1985
Jahen-Bigleri Kamyat 1981
Jahangiri Mohammed-Oholi
Jahangiri Abolgasem
Jahangini Mahin 1981 Semiron
Jahanian Hemid 1981 Evin prison
Jahanshahi Seyad Gholasn Resa
Jalal L.ayghy 1984
Jalali Maser 04.1990 Sanandaj
/ . . ,
A/45/697
Ingi Lab
Pegv 74
Surn a N ne Date Place
Jelisi Mebideel
Javan Vanid Kaki 1982
Javeni Fridon 1985 Evin prison
Javasadeb AlL
Kaikavousi Farideh
Keissi Abbas 28.03.1990 Seistan
Kalangari Mebmod 10.09.1984
Kelat-Oharbi Moha iiad-Reae 19.02.1990 Sabsevar
Kargar Sine Evin prison
Kerimi Asghar Ramsar
Katosian Sadegh
Kasem Assadi
Kha-Keroeani Neahed 09.1981
Khabbaai Moataf a
Khakbas Ahinad
Khakbaz Ahmad
Khanian Resa 02.1990
Khakbasi , Abnad Ohasem-Abad
Khatibeni Mohanmiad R. 24.05.1984 Soum'e Sara
Kheradmand Zakieh 1989 Adelbad
Khor Nosein 1989 Evin prison
Khosrevi Nabiolah 1982
Kiaie Massoud Evin prison
I etif Moshgan 1989 Evin prison
I4adadi Hosein 1983
Madani 1989 Tonekabon
Nab joub Nehdi 1988
Mabmodi Aref 1988 Adel Abad
Ma1 noudi Abbas-Ali 19.02.1990 Tehran
I4akvendi Mabmood 20.06.1981
Makvandi Bijen 1988
t4a leki Maryain 1988
/ . . .
*/45/697
Engli8h
Page 75
Surn8m Name Data Place
Maleki Jamahid Aligoudars
Marei3i Gbavamn 1982
Marendi Besen Jafarzadeh 12.1981 Vaiin Geid
Maraban Fehimeh 1983.
Mashkouri 1989 Ramsar
Mashoiif Javad 1988
Masoumi Hamnid-Reza 1989 Boroujerd
Massoumi t4ehmoud 1985
Mazji Bahieh 1988
Mehrizi Ghassem
Meshkinfamn Shokrol lah 1981 Mash
Meshkinfam Shokro lleh 1988
Meshkini Sedigeh 1982
Mir—Areb 1988
Mofarrahi Seeed 1984 Khoy
Mogharrabian Parvaneh Bander-Gas
Moghrazi Au Birjand
Mohe mnadi Ahmnad 04.1990 Sanandaj
Mohamedi Akber 3981
Mohasm ia6i Abdo l lah 19.02. 1990 Bakhtaran
Mohanunadian Rosa 1289 Tonekebon
Mohkami Au Asgar 13.10.1982
Mohaeni Au Reze
Moini Mohaivm%ed
Mojeher Au
Mojtabaie Fakhri 1988
Molavi Jelal Hamedan
Moradi Masoud Masyide-Soleiman
Moradi Au Ashraf 04.1990 Sanandaj
Mc sa1ey Jaffar 1981
l orshed Au 19.02.1990 Sabsevar
4osanna Mi 19.09.1981
,...
A/45/697
Kilgi ish
Page 76
Surn& Name Date Place
Motaghi-Talab Amir 1983 Rasht
Motahayeri Mansour
Motahhedin Saeed 03.08.1981
t4ouaavi Enayatollah 19.02.1990 Tehran
Moussavi Hashem Madadi
Murtese Lebas 1984
Muesavi Mohesen 1981 Sarri
Naddafien Iraj 1989 Ramsar
Naderi Manouchehr Evin prison
Nad•ri Ziaoddin 1988
Najjeren Ebrahim 1988 Gohardasht
Najjarian Ali-Reza 19.02.1990 Boushehr
Namvar Sgagruar 1984 Tonekabon
Naroui Mohammed K. 28.01.1990
Narouyi Houshang 19.02.1990 Tehran
Nasser Barariy 1984
Nassirian Zari
Nasari . Abdol Mohammed
Naaarsadeh Mohammed Hosein 1984
Nasemi Zebra 1988
Negarestani Javad 19.02.1990 Kerman
Negarestani Meehaa l lah 19.02.1990 Kerman
Nemati Mousse 19.09.1988
Nemovi Abbas 01.1984
Nilou Akbar 02.09.1981
Othman Pour t4ohsen 04.1990 Sanandaj
Pah levandoo Mohazumad Rezh 1982 Mashhad
Parrar Abmar
Parsiana Majid
Parvaneh Abolgh sem 1981 Ramsar
Parvizi Ahmad 04.1990 Sanandaj
Pastegar Reza
, . . .
A/45/697
Eng lie h
Page 77
Surname Name Date Place
Peerhadi HoaGin 1982 Evin prison
Pin Au 19.02.1990 Tehran
Poladi Hadi 1988
Qadaksaz Rahim
Rafati-t4ogadam Nahid 01.1982 Tehran
Rafati-Mogadam Hanen 1984
Rafeie Mohammat' 19.02.1990 Arak
Rehim Saide 1981
Rahimi Ahmad 1981 Ramsar
Rahimian 1981 Remsar
Rahimian 1981 Ramser
Rahimian 1981 Remser
Rahmani Ezatollah 19.02.1990 Karaj
Rabmati Harsieh 09.09.1988
Rajabi t4essoud 07.1982
Rajai AlL Reza 1989 Gohar Dasht
Rajavi Nasrim
Ramehani Astollab
Ranjbar Mohammed 19.02.1990 Rasht
Ranjbaran Ameno lleh 198g. Evin prison
Ranjbaran Amenolleti 1982 Evin prison
Ranjbaran Amen-Allah 07.08.1981
Rashed-Marandi Feriba
Ra5bi Ahmad-Janghi 28.03.1990 Seistan
Reza Felanik 1984
Re ei Serder 1985 Evin prison
ReEai Fesed
Rezaie Yarali Qorgan
Razaiian Behrouz 1988
Roknama Afagh 1989 Evin prison
Roudgari Essat
Roudgari Nemat
/ . . .
A/45/697
English
Page 78
Surname Name Date Place
Roye 04.1990 Sanandaj
Ro5aii Mohasnad 04.1990 Sanandaj
Sadaghi Hasan 1988
Sadegh Mohasnmad
Sadeghi Baiakhan 19.02.1990 Arak
Sadeghi Rahznan
Sadeghi. Jamshid 1989 Tonekabon
Saaeghi Yousef 1981
Sadeghpour Named Birjand
Sadehqi Parvin 1981 North
Sedigh Habib 1989 Ramsar
Safaran Mohsen 1983 Evin prison
Setatian Hosein 1989 Ramsar
Safer! Khamran 1988 Gohar Dasht
Safer! Gho lazn Gohar Dasht
Setfaran Hassan
Saffaran Hassan 11.1989
Safiden . Namor 1984
Saghar Massoud 1985
Salali Saeed 04.1985
Samad-Nosrati Hosein 19.02.1990 Qom
Sed. ighat Mohasnadtaghi 1988
Seyedi Majid
Shaebani Fraidoon 15.04.1984 Adel Abed
Shademani Sosan 1981. Rasht
Shah-Abed! Mah in 19.02.1990 Tebran
Shah—Mansourj 1981 Re- sar
Shahi Al! Raza Shahroukh 1984
Shamsin Isfahan Syavoush 198]. Bandar, Abbas
Shapor Irantalap 1984
Shariati Anvar 04.1990 Sanandaj
Shekarnezhad Washaa l lah
,...
A/45/697
English
Page 19
Surname Name Date Place
Shirmohainmedi Davood 1989 Evin prison
Shirvani Shiva
Shojaie Nasrin 1988 Sfahen jail
Shojaie Mehran
Shokraneh Sorraya 1981
Sobhanl Maser 04.1990 Sanandaj
Soleimani Ali-Asghar Aligu darz
Sotoudeh Tahmineh 1989 Evin prison
Sulemani Noarat 1981
Suliki Behruz 1981 Semiron
Teati-Asil t4asoud 1988 Evin prison
Taavoni-Ganji Amir 11.1989 Evin prison
Tadainia Iloman 1981
Taherpour Bahram 1988
Tajalli Hossein 1982
Tashayyod Mi Reza 1988 Tehran
Tasslimi Abdolfazi 1981
Tavakol Mohesn 1984
Tavanian Mariam 1989
Tazehkandi Au Reza 01.1990
Teherani-Pour Hosein 1989 Karej
(Gohardasht)
Torabi Farah 08.1982 Evin prison
Torkpour Gholam B. 1988
Vahabi Farah 1989 Evin prison
Valizadeh Habit 08.1988 Rasht
Vedadinya Habibo l lah 19.0?.1990 Tehran
Vosoghian t4ehdi 06.1981
Yeganegi Mehdi 06.1981
Yelivand Mi
Yosof Feizola 1983 Shirez
Yousaf-Ta leshi Narollah 1981 Ramsar
/ ...
A/45/ 697
ng 1 i ah
Page 80
Surnan e Name Data Place
Zakori Mostafa 1981 Tebran
Zandi Reaa 08.1981
Zeineli Jahangir
, . . .
A/45/697
English
Page 81
APPENDIX I I
List of prisoners handed to the Deputy Minister of Foreign Affairs
on 9 October 1990
The Special Representative requested to receive information on the fate or
whereabouts of the following prisoners a
1. Jamahid Amlri-Bigvand
2. Bahman Agahy
3. Hooshang Amjadl Bigvand
4. Ardeahear Aahraf
5. Manochehr Azar
6. Masoud Deadehvar
7. Kyanoosh Hakeamy
8. Bahram Ikany
9. lieshrnatolah Magsoody
10. Gahraman Malekzadeh
11. Masoud Payeby
12. All Raze Nasirl
13. Noureddine Kianouri
14. Meriam Feirouz
15. Jamshid Torabi
16. Abmad Rashed-Marandi
17. Reza Arbabi
18. John Fettle
19. Mohamadreza Sedaghat
20. Addol All Bazargan
21. Ezzatollah Sehabi
22. Reza Sedr
23. Hussein Bani Assadi
24. Shams Shahshehani
25. Nour All Tabandeh
26. Yedolleh Chamse Ardallan
27. All Ardalen
28. Rochan Ardalan
29. Farhad Behbahanl
30. Abbas Ghaem Babahl
31. Khossro Mensourian
32. Hasnem Sabaghian
33.. Ezatollah Hamed Sahabi
34. Mohammad Tavassoll
35. Akbar Zarrinehbaf
36. Habib Davaran
37. NaIm Pour
38. AmIr Tavekol Ebrahlmi
39. Hossein Shah Hosselnl
40. Nezemedlne t4ovahed
41. Matunou t4alekl
, . . .
A/45/697
Sng liih
Page 82
42. Hormos Momayesi
43. Said Sedr
44. Hemid Sadr
45. Khosrow P rsa
46. Ahsnad Shayegen
47. Mahmoud Labibi
48. Shahin Parse
49. Azar Sadr
50. Davoud Mir Rahimi
51. Mrs. Ze nani
b2. Mr. Jafarpour
53. Ahmad Rohdaki
54. Rhalil Ohiassi
55. Davoud Moyefar
56. Moh&inad Aininal Reaya
57. Nader Afshari
58. Dr. Assadi
59. iIenouchehr Motahari
60. Norous Neghizadeh
61. Ahmad Besten
62. Mohemad Dehgh n
63. HussaingholL Roshansamir
64. Sekhshullah Mias ghL
65. ayv&n Kha1aj b6d
66. 8ehn m Mies gh
67. Asisullah t4ahjoor
68. Habibu11 h Hak mi
69. Nader RouhenL
70. Badlull&h Sobh6ni
71. Dr. Mitre Ameli
72. Dr. latemeh Isadi
73. Ms. Fatemeh Hosaeinsadeh-Tussi Moghadam
(known as Giti Aserang)
14. Ms. Malakeh Mohamadi
15. Ms. Zohreh Ghaeni
16. Ms. Nahid Dorudiahi
77. Ms. Feteineh (Zohreh) Sedigh Tonekaboni
18. Ms. Hure Fuladpour
79. Ms. Manijeh Riasi
$0. Ms. Afsaneh Rhavar
81. Ms. Mahboubeh Roheadi
82. Ms. Mahin Ehosravi
83. Mr. Roger Cooper
84. Mr. Aliinad Resaire Fard
85. Ms. Monir Khosroshahi-Baradaran
86. Ms. Farideh Mahmood Mohanmiad Zamani
87 • Mr • Framers Mahmood Mohwnmad Zamani
88. Mr. Farsheed Mabmood Mohanined Zemani
89. Mr. Ainir Houshang Kemrani
90. Mr. Mensour Taheri
tii'45/697
ng1 i ah
Page 83
91. Ms. Maryazn Taleghani
92. Mr. Bahram Alai-Khastou
93. Mr. Seyedmehdi Nasry
94. Ms. Sakineh Sedaghat
95. Mr. Mi Sedaghat
96. Mr. Abbas Raini
97. Mr. Eaatollah Sahabi
98. Ms. Nerges Akbari-Namdar
99. Mr. Rahim Akberi-Nemdar
100. Ms. Jemileh Akbersad-Yousefi
101. Dr. Bozoo Bagha i
102. Mr. Esmail t4ovassaghian
103. Mr. Faramars Ah adian
104. Mr. Saeed Taati-Asil
105. t4s. Feeseh Sabet-Jahromi
106. Mr. Ebrahim Nebahat
107. Mr. Mohemmad-Taghi Rahimpour
108. Mr. Rajab Bayrem-Zadeh
109. Ms. Essat Habibkhani
110. Ms. Mahim Towfighi
111. Ms. Shahrsed Mahdavi
112. Ms. Farkhondeh Zanjanpour
113. Ms. Sousan Gorji-Sefat
114. Ms. Lilik Hakoopian
115. Ms. Fatema Shaf ii
116. Ma. Akhtar Tahrnesbi
117. Ms. Mehin Batrnani
118. Ms. Shokoofeh Ali-Gholi
119. Ms. Farkhondeh Tagharsi
120. Ms. Mahin Ohefferi
121. Ms. Sadigheh Ahoumoshk
122. 145. Sadigheh Hashemi
123. Ms. Nesrin Seltmi—Badr.
124. Ms. Shine Jehen-Zad
125. Ms. Maryam Noun
126. Ms. Mehri Salami
127. Ma. Maryam-Banou Sepehri Rehnema
128. Ms. Minou Naseri
129. Ms. Mine Vatanpour
130. Ms. Mahvesh Keshevarsi
131. Ms. Mansoureh Ghanbarpour
132. Ms. Sahareh Taghanian
133. Mr. Ghadam Khayyer-Nasiri
134. Ms. Shahin Samii
135. Ms. Shahia Talebi
136. Ms. Maryam Ghazi
137. Ms. Razieh Ghoreishi
138. Ms. Home Ipikchi
139. Ms. Taheri Semadi
140. Ms. Katazoun Baghaii
/ . . .
A/ 45 / 697
English
Page 84
141. Me. Parlvaeh Torahisian
142. Ms. Mahdokht Hasheini
143. Me. Eemaieli Afrasiab
144. Mr. Mehdi Knosh Slook
145. Ms. Mehri Knosh Slook
146. Mr. Rhalid Alt Karimi
147. MB. Mona Abdi
148. Mm. Merges Chanbari
149. Mr. Mohaimned Macsan
150. Mr. Tofygh Setayeshi
151. Mr. Au Resa Sadeghi
152. Mr. Davod Acicy
153. Mr. Mohammed Tale Poor
154. Mr. Homeoun Najefi
155. Mr. Noreec Karami
156. Mr. Senjabe Aeghar
157. Mr. Atahey All Pesa
158. Mr. Sandabi Hamid
159. Mr. Moheen Farm
160. Mr. Parvin Farsin
161. Mr. Mohamnad Mehdi Bladi
162. Mr. Leb e Murtesa
163. Mr. tayqhy Jalal
164. Mr. Falanik Resa
165. Mr. Oholamy H.jatalah
166. Mr. Irantalap Shapor
167. Mr. Ammary Mahmed
168. Mr. Barariy Naeeer
169. Mr. Namor Safiden
170. Mr. Mohemad Salihi
171. Mr. Hasan Asady
172. Mr. Rohalah Ramacani
173. Mr. Jafar Trebperhisi
174. Mr. Adel Saudi
175. Mr. Iraj Kafashpour
176. Mr. Mehdokht t4ohamadi Yadeh
177. Mr. Mahmoud Akbari
178. Mr. Lotfali Mir Sorow
179. Mr. Panahandeh Mohammadi
180. Mr. Moheen Mohamadi Zadeh
181. Mr. Au Resa Babel
182. Mr. Mahmoud Faroukh Manesh
183. Mr. Resa Heueheki
184. Mr. M.*hsnood Bakshal
185. Mr. Grain Rondari
186. Mr. All Rosa Masondifar
187. Mr. Mohaimnadali Morshedi
188. Mr. Mahmood Tajgardan
189. Ms. Zahre Felahati
190. Mr. Mortesa Ghediyani
/ ...
?J45/697
English
Pegs 85
191. Mr. Gholeoe Reza Mirzani
192. Mr. Jawad Remany
193. Mr. Kernel Nadery
194. Mr. Kezem Karimabadi
195. Mr. Souhrab &thady
196. Mr. Farokh Djonaidie
197. Mr. Chasem Daryabaghi Mad
198. Mr. Mi Hessaraky
199. Mr. Devowl Rezaie
200. Mr. Shahab Nouzary
201. Mr. Mohamad ShL .jerdi .
202. Mr. Mohammed Taghi Rahimpour
/ . . .
A/4 5/697
English
Page 86
APPENDIX III
Official programme of the sc!cond yisit ot the Special Representative
Tuesday. 9 October 199.Q
0015 - Arrival at Tehran Airport and reception by Mr. N. Mottaki, Deputy
Foreign Minister for International Political Affairs and high
officials of the Foreign Ministry
1030 - Meeting with Mr. H. Hottaki, Deputy Foreign Minister for
International Political Affairs
Wednesdays 10 October 199k
0930 - Meeting with Hojatolislem A. Fallahian, Kinister of Intelligence
OEursday . 11 October 1990
0900 - Meeting with Hojatolislam Zargar, Special Prosecutor for Narcotic
Drugs
1600 - Meeting with the Deputy Minister of the Interior and the Commission
on Article 10 of the Constitution
Saturday. U October 1990
0900 - Visit to Evin prison (hearing of prisoners)
1600 - Meeting with the Deputy Minister of Culture and Islamic Guidance
j nday . 14 October 199.0
0900 - Attendance at a session of the revolutionary court at Evin prison
1230 - Meeting with Ayatollah Moghtadaei, President of the Supreme Court
1600 - Meeting with Mr. Badatnchian, Political Deputy to the Head of the
Judiciary
Monday 15 October 1990
0830 - Meeting with Ayatollah Yazdi, Head of te Judiciary
1030 - Meeting wit)? Dr. Mehicour Judicial Deputy to the Heed of the
Judiciary
1530 - Meeting with Dr. A. A. Velayati. Minister for Foreign Affairs
1700 - Final meeting with Mr. 14. t4ott ki
. ,...
APPENDIX IV
List of prisoners whom the Special Representative
requested to sea during his second visit
1. List given to the authorities on 9 October 1990
Names
A/45/697
English
Page 87
Reasons given by the authorities for not
being able to present the prisoner to the
Special Representative
Jamshid Amiri-Bigvand
Bahoean Agahy
Hooshang Ahmadi Blgvand
Noureddine Kianouri
Meriam Feirouz
John Pattis
Addol Mi Bazargan
Hussein Bani Assadi
Shams Shahshahani
Hour All Tabandeh
Mi Ardalan
Farhad Behbahanl
Mohammed Tavessoli
Hossein Shah Hosseini
Davoud Mir Rahimi
Hussaingholi Roshanzamir
Kayv n Khalaj b II'
Habibull h Hak m
Bad ull h Sobh nf
Mitre knell
Ms. Fatemeh Izadi
Ms. Fatemeb Hosseinzadeh-Tussi
Moghadam (known as Giti Azareng)
Ms. Malakeh Mohammadi
Ms. Zohreh Ghaeni
Mr. Roger Cooper
Ms. Sakineh Sedaghat
On leave fror 18 July 1990 for 85 days
On leave
On leave from 11 Aug. 1990 for 70 days
Visit not authorized by prosecutor
Mr.
Mr.
Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Ms.
Visit
Visit
Visit
not authorized
not author ised
not author ised
by prosecutor
by prosecutor
by prosecutor
Visit not authorized by prosecutor
Visit not
Detained
Detained
Released
On leave
25 Sept.
On leave
authorized by prosecutor
at Arak on smuggling charges
in Keraj
from prison of Shiver
on 11 Aug. 1990 and was released on
1990
from 21 Aug. 1990 for 2 months
/ . . .
A/45/697
Ingli sh
Page 88
2. Additional list given to the authorities on 13 October 1990
Names
Reasons given by the authorities for not
being able to present the prisoner to the
Special Representative
Visit not authorized by prosecutor
Visit not authorized by prosecutor
Visit not authorized by prosecutor
Visit not authorized by prosecutor
Mr.
Mr.
Mr.
Mr.
Ms.
Mr.
Ezzatollah Sahabi
Khossro Mansourian
Hashem Sabaghian
Hornios Momayesi
Maryam Taleghani
Amir Entezam
/ . . .
APPENDIX V
Lint provided by the Government of eiecutiona carried out between
the b.ainnin of the current Iranian year (31 March 1990) and the
iscond yleir of the apeolal Representative
Date
of
No. Name Father's name Crime Place .x,cUtion
1. Morad Davari Hashem Premeditated murder Mal i 27.03.1990
2. Eem.tollah A,I .ii Valiyol lah Idem Mali 37.03.1990
3. Abbe. Asisi No ato11ah Idem Arak 27.03.1990
4. Abbas Raieei Darav Spying for Iraq Zahedan 29.03.1990
S. Ahmad Ahmad Jangi—Zerehi .Jaksem—Dad Zahedan 29.03.1990
6. Gol—Nohammed Ohanbarsehi Rahmat Armed rebel Zahedan 03.04.1990
7. Davoud Ohanbar—Zehi 11am Idem Zahedan 03.04.1990
8. Abbee Mohammad-Noseini Foreign national Armed robbery and rap. Roudehen
9. llosein—All khademi Foreign national Idem Roudehen
10. Nader Ohanbari Foreign national i ! Roudehen —
11. Asia—All Noradi All Premeditated murder Bakhtaran 12.04.1990
and Kidnapping
12. Farsi Ghanbari-Neehad Jam Idem Bakhtaran 12.04.1990
13. Boraou Asgari Jam Murder and robbery Mianeh 13.04.1990
14. Bahman Heydari Jam M laneh 13.04.1990
15. Hosein—Jan P..ehouneh Jam Murder horram—Abad 2A.04.1990
16. han—A1.l Narouie Madad Activity against the Zahedan 36.04.1990
9.curity of the country,
co—operation with armed
rebels and drug
traffickers,
participation in armed
conflict which resulted
to martyrdom of
military and
non—military forces.
17. Asia Narouie Zeydar Zahedan 26.04.1990
18. Akhtar—Ameh Narouie Iamai.1 Id.m Zahed.-n 26.04.1990
19. Golahah Narouie Karim zahedan 26.04.1990
20. Hosein Sedaghat l urder Roraigan 30.04.1990
21. Enayat Saghaehi Eazatoddin Participation in transport Zahedan 30.04.1990
of 2 kg of heroin
22. HabibolIsh Arbab—Zehi peys—Nobammad Participation in transport Zahedan 30.04.1990
of 10 kg and 30 gr of
heroin
,...
t Copy Available
A/43/697
English
page 89
*145/697
Bngliah
Page 90
Date
of
No. Name Father's name Crim. Place executIon
23. GhodOue (ihaljaii Alt—Moham m ed !mporting 3 kg and 200 gr Zahodan 30.04.1990
of heroin and 1 kg
. hashish and selling 960 gr
of h.roin
24. Naiim Ichajeh Feys—Mohammad Zahoden 30.04.1990
15. Abdol—Asil l.ili—Marvaa Bhirak National Rape Lavaaanat 05.03.1990
of Aghanistan
26. Khalil Mirsail Planting a bomb in AkhI— Asarahahr 06.05.1993
Jaman mosque and killing
Hojatol—Eslam Fakhr—Banati
27. Kourosh Heeari Jamshid Kidnapping a child (girl) Eelamohahr 09.05.1990
and adultery
28. Ali—Resa nerd—Mad Ebrafil Murder Tehran 09.05.1990
29. Aeadollah Safi Oholam—Aval Drug trafficking, transport, Shlraz 22.05.1990
distribution and production
of hundreds of kilograita
of drugs
30. Abdolrahman Safi Abdol—Ejan Idem Shiras 22.03.1990
31. Fez—Mohammed Majidi Abdol—Najil Idem Shiraz 22.05.1990
32. Abdol—Khalegh Safi Kha lil Idem Shiraz 22.03.1990
33. Gholae—Mohammad Hour— Sarnoud Idem Shiras 22.05.1990
Mohammed
34. Gholam—Sanmi Moradi Khali l Idem Shiraz 22.03.1990
35. Au—Baa Mahbouri Mad Shiraa 22.05.1990
36. Jahan—Shah Zarreh—Poush Nashie Shiraz 22.05.1990
37. Tavakol Zarreh—Poush Nashie Idem Shirar 22.05.1990
38. Mahmoud Asiri Azis—Oholi Idea Shirar 22.03.1990
39. Abbee Esteli Hasan Idem ShIres 22.05.1990
40. Mostaf: Mansouri Mohammad—Ali Ides Shires 22.03.1990
41. Saedolleh Igmalel Pour— Fatholish Ic m Rhiraz 22.03.1990
Ate sh i
42. Jafar shaken Majid Murder Tehran 22.05.1990
4L Allah-Morsd Safari (ski—Monad Murd tr and armod robbery Mianeh 22.07.1990
44. Khedmat .-A1i Anghouti Agha—Jan Idem Mianeh 22.07.1990
45. Jebreil Joudi Mahmoud Idem Mianeh 22.07.1990
46. Jahan in Gh nI i*deh Ebnahim Premeditated murder OEhran 29.07.1990
/...
A/45/697
English
Page 91
Date
ot
No. Name Father's name C'ime Place execution
47. ‘ .. ,Ald Abnoum Ebrel Kidnappvd and raped A girls Qom fl. 08.19 9 0
who were between 6 and
a years old
48. Baeed Roahanali Yado l lah Idom Qom 11.08.1990
49. Beytollah Mohammadi Rama san—A IL Xidnappinq and rape Najaf—Abad 13.08.1990
SO. Eamaiel Abmadi Ebrahim Idom Najaf—Abed 13.08.1990
Si. Masoud Sourani Hosein Najef—Abad 13.08.1990
52. Raheen Habibollahi yadollah Idem Najaf—Abad 13.08.1990
53. Oholam—Hoa.ln Joel Mohammed Najaf—Abad 1.3.08.1990
54. Mortesa Shaflyan Ragab—Ali Yluin Najaf—Abad 13.08.1990
55. Gholam—Abbas Rhouravi I3oeein—A1l Idom Najaf—Abad 13.08.1990
56. Hoqat Habibi Murder of Majid Nasiri Tehran 14.08.1990
57. Nader Zandi Amir-Morad Murder ot Hasan Ahmadi-Pour Iehran 17.09.1990
58. Hosein Gh vini Murder of Mihan Masoudi Arak 17.08.1990
59. Mehdi Khe3eqhi Gho lam-I1oaein Importing, buying, neiling, Mashad 05.09.1990
distributing more than
30 kilograms heroin md
. 3 kiloqrams opium. Some of
them were inomb re of a
druq—trafficking ‘ and which
Imported drugs from
Afghanistan with armed
convoys.
60. Mouwla Dajerat Heydar Idom Mashed 0 .09.1 990
1. Abdollah Narouii Jaman Idem ,Iashad 05.39.1990
62. Nour-Mmad Narouii Gol—Mohanunad Idem Mashiv.j 05.09.1990
63. Alt—lieu Abedi Mohammed Idem Ma SP.id 0! .O9.l99O
64. Mowla pouya Pacviz ‘dem Ma had 05.09.1990
65. Mohammed Raahtanya Sahibdad Idem M . shsd 05.09.1990
66. Ali-khan Touedeh Ramazan Idem Mashed 05.09.1990
67. Maehallah Sarhadi Fouled d em Meshed 03.09.1990
68. Mactee Rajabzadeh Mostafe Idea Mashed 05.09.1990
69. Goi—Mohamx.d Audi Shir—Mohammadi Idea Mashed 05.09.1990
70. Nour—Mohamma.3 Ramazan Idem Mashed 03.09.1990
Hesan—pour
71. Golmm Rosa Fathirounji Alt Idea Mashed n .09.1q9o
72. Mohammed Alt Baratt Hareti-Alt Idea Mashed 05.09.1990
,...
py AvaHable
&/4 5/ 497
Inglish
P.91 •a
Oct.
of
No. Na PaIIsr'. name Crime Plac. •xsE ution
73. Noha*mad Nowrous Ishi Afial Machad 05.09.1990
74. Ramsean Racist 7atianq tr Muhad 05.09.1990
75. !brahi. arimi Mactm Machad 05.09.1990
74. Macic Macart Nicro l imh Manbad 05.09,1990
77. Uholia—Mia Shial-Talab Gholam Machad 05.09.1990
78. Rica rant Ohar.khon Machad 05.09.1990
79. Oholam—Rica Pant Nohamead Mashed 05.09.1990
50. Ibg ht* Nour—Nohamad Machad 05.09.1990
Ii. Ahmadi.nah Ata—Mohaminad Idem Machad 05.09.1990
83. Mohsme.d Io.sein Gho lman Machad 05.09.1990
83, Gol—Mohamead Noun—Mohamad Machad 0! .0 9. 1990
84. Nabibollsh Nourri Machad 05.09.1990
85. Joalh Gol—dousti Najooddin Machad 05.09.1990
86. Mabiboitab P.yso l l.h Meohad 03.09.1990
87. Alt—Valid Ztaoddin Machad 05.09.1990
88. 9.yyed Raouf Seyy.d Abdollah j Machad 03.09.1990
89. Moha ad-KanLs Abram Mabmoud Idem Manhad 05.09.1990
90. Mohammed , Abdol—Ohafour Machad 05.09.1990
91. Rabsh—Bsn A llahvendi Idom Machad 05.09.1990
93. IsmaisI Joudou Machad 05.09.1990
93. RiIouI—Afghan Rain Zdom Manhad 05.09.1990
94. Rhada—Nauar Zgenbordou Machad 05.09.1990
95. Abdoll.h Karvan Idem Machad 05.09.1990
96. Abdoll.h Iloulan 16cm Machad 0 .09.1990
97. Sarvar Pey u—Mohaminad Machad 03.09.1990
98. Oholam Sarvarongy
(nick ‘med as
Bha-Gho lam)
Zanifol lsh Tajik 16cm Machad 03.09.1990
Hahibolish M.dadl i ahmat Idem Machad 05.09.1990
Nohame.d—Bbrahi. Douran 16 cm Machad 05.09.1990
JCh.nad—Naur Jomsh—Morad Idern Machad 05.09.1990
,...
Sng li sh
Pig• 93
Oats of
No. Nams Pathsr's na ertms Plac. . i.uutLon
103. Njib Nsghsoud Mashed 05.09.1990
104. Ohyamoddin Najaoddin Mashad 05.09.1990
105. khodaysr Ds1—Nohaad Mashad 03,09.1990
106. H.dayato l lah Nssro l lsh Buying, sslling and Boushshr 05.09.1990
A lihcu .ohdi—g asii (National of distributing drug.
Afghanistan) .
107. Abdolghodous Mohammad Doush.hr 05.09.1990
Ishagh—lehi
106. F.r.ydoun Vataii Nohaad 1.4k! Zahsdan 18.09.1990
109. Ali—Nauar Noh.sd— Balsh—Nohaad Zahsdan 18.09.1990
8amdani
110. Iaman-Khan Nouti— shi Mohasmad-Nour Zahsdan 19.09.1990
111. Nassr—NohaaJ Nohamaad—Akbar Trans rting end distributing fah.d&n 19.09.1990
Darahoui l drug.
113. Abdolkhalsgh Nousa—!shl Ali—Shir Zahsdan 1A.09.1990
113. Issat 8a.vd—Nya Gho laa—Hos.in ?ransporting 31 kilograms
drugs and partiaipattnq in
distributing 7 kilogram.
of it.
I...
opy Available
k/45/697
English
Peg. 94
APPENDIX VI
Government rejlies conc.rnin.g aa a of execution listed
injravioua reports of the Special Representative
The names of 2,109 persons allegedly executed cannot be recognised.
137 persons allegedly executed are studying in Iranian universities.
276 names are duplicated in the reports of the Special Representative.
368 names are incomplete and were not found in the Islamic Republic of Iran.
51 persons allegedly executed are working in different organizations of the Islamic
Republic.
135 persons have died due to natural causes.
53 persons are terrorists and murderers who were executed in 1981 and 1982. They
were sentenced to d.ath by the courts. Unfortunately, most of these individuals
were influenced by the deceptive slogans of the rivals of the Islamic Republic of
Iran and coniaitted acts of terrorism and destructive activities, including the
murder of innocent people.
76 persons allege 1ly executed achieved mai tyrdom while confronting the Revolution's
enemies.
110 persons were imprisoned because of their opposition towards the Islamic
Republic of Iran and were released from prison later on
57 persons have never been arrested, although thd t4o ahedin Organization alleged
that they were executed in l981-. 1982 and the Special. Representative listed them as
executed in 1988—1989.
27 parsons died in street clashes and clashes with border troops.
86 persons are studying abroad
62 persons allegedly executed are held as prisoners of war in Iraq.
44 persons are missing in action during the imposed war end unfortunately there is
no information about them for lack of cooperation by the Iraqi authorities.
19 persons allegedly executed live and work in Iran.
7 persons had to undergo military service, but in order to escape from this holy
duty have sought shelter in foreign countries.
2 persona have been imprisoned for various reasons.
1 person was killed In an armed clash with military forces at the border.
/ . . .
APPENDIX VII
Measures taken by the Amnesty Division oL.IIe. Judiciary
from 23 September 1989 to 7 October 1990
Number
and
date
of
the
Clemency
Number of
sentenced
personc
to death
who
appeal
to
the
Leader Amnesty measures Total benefited
from amnesty
1299/68 - 12 Oct. 1989 45 3 48 -
4/480/68 - 6 Dec. 1989 56 35 91 8
4/610/68 - 27 Dec. 989 139 71 210
840/68 - 31 Jan. 1990 113 65 178
1080/68 - 6 Marv,h 1990 111 32 143
1200/68 - 17 March 1990 53 66 119
50/69 - 29 March 1990 58 21 79 —
480/69 - 24 April 1990 112 148 260 8
900/69 - 16 May 1990 229 89 318 3
1370/69 - 14 June 1990 286 332 618
1720/69 - 30 June 1990 92 55 147
1752/69 - 2 July 1990 24 20 44 -
2000/69 - 21 July 1990 929 650 1 579 1
2002/69 - 21 July 1990 178 213 391 1
3080/69 - 4 Sept. 1990 26 69 95 3
3382/69 - 26 Sept. 1990 84 172 256 5
3384/69 - 2 Sept. 1990 50 15 65
Total 2 585 2 056 1 641 29
/ . . .
A/4 5/697
English
Page 95
Copy Available
A/45/697
English
Page 96
kPPSNDI VIII
Circular letter No. 1/7553/9 da ad 4 Au sLj99O by the
Head of Judiciary to all judigial uuits and authorities
On the basis of the report rec ive6, some of the courts create impediments for
the acceptance of attorney. It is, therefore, notified as followss
In accordance with principle 35 of the Constitution of the Islemic Republic of
Iran, that provides for the right of the parties to a lawsuit to select an attorney
in all civil and penal courts, and that stipulates that in case of the inability of
the person concerned to select an attorney, the court should arrange for the
appointment of an attorney, and with due regard to the decisions No. 15 dated
19 September 1984 and No. 501 dated 9 AprIl 1987 of the General Board of the
Supreme Court on the unity of procedures, and in compliance with articles 59 and 69
bi oC the law of the civil procedure, and article 11 amended of the law on the
establishment of Special Civil Courts, and article 15 of the non-litigious
jurisdiction act and it note, and article 309 of the law of the Penal procedure
and the note of article 112 of the same law, and article 9 of the law on the
establinhment of penal courts, and article 34 of the law on legal practice and all
other relevant applicable laws, all legal authorities should accept the legal
attorneys of the parties to the lawsuit or the accused as prescribed in the law.
Such attorneys should be allowed to defend their clients. Besides, where request
Is made for a public defender or a counsel, necessary arrangements should be made
in accordance with above-mentioned legal provisions. In short, all necessary
arrangements should be made to make it possible for eligible attorneys to defend
their clients.
The violation of the aforementioned regulations shall make the violator liable
to disciplinary prosecution and, as the case may be, shall lead to the reversal of
the verdict by the Supreme court.
(Signed) Mohammed Yazdi
Head of the Judiciary
