Aadel Collection

Report of the Secretary-General on the situation of human rights in the Islamic Republic of Iran

          
          United Nations
          General Assembly Distr.: General
          1 October 2008
          Original: English
          Sixty-third session
          Agenda item 64 (c)
          Promotion and protection of human rights: human rights
          situations and reports of special rapporteurs
          and representatives
          Report of the Secretary-General on the situation of human
          rights in the Islamic Republic of Iran*
          Summary
          The present report, submitted in accordance with General Assembly resolution
          62/168, is intended to reflect the broader patterns and trends in the human rights
          situation in the Islamic Republic of Iran on the basis of that country's international
          treaty obligations and the observations made by treaty monitoring bodies and the
          special procedures of the Human Rights Council. While the report focuses especially
          of the concerns identified in the resolution, it also includes a section on economic,
          social and cultural rights in order to present a picture of the entire spectrum of civil,
          cultural, economic, political and social rights in the Islamic Republic of Iran.
          The report consists of an overview of the legal and institutional framework in
          the Islamic Republic of Iran; highlights of positive developments as well as
          protection gaps in the area of economic, social and cultural rights; thematic issues in
          the area of civil and political rights identified in the General Assembly resolution, in
          particular concerns raised by the international human rights mechanisms; an
          overview of the country's cooperation with the Off cc of the United Nations High
          Commissioner for Human Rights and international human rights mechanisms,
          including in the areas of treaty ratification and reporting and interactions with the
          special procedures, including in-country missions; and conclusions and steps that
          may be taken by the Iranian authorities.
          * The present report was submitted after IIe deadline as a result of consultations wiII IIe Member
          State.
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          Contents
          Page
          I. Introduction . 3
          II. Legal and institutional framework of the Islamic Republic of Iran relevant to the
          promotion and protection of human rights 3
          A. Legal framework 3
          B. Institutional framework 4
          III. Economic, social and cultural rights 5
          IV. Civil and political rights 6
          A. Torture and cruel, inhuman or degrading treatment or punishment, including flogging
          and amputations 7
          B. Death penalty and public executions 9
          C. Stoning as a method of execution 10
          D. Juvenile executions 10
          E. Women's rights 12
          F. Rights of minorities 14
          G. Freedom of peaceful assembly and association and freedom of opinion and
          expression 16
          H. Lack of due process rights and failure to respect the rights of detainees 17
          V. Cooperation with the Off cc of the United Nations High Commissioner for Human Rights
          and international human rights mechanisms 18
          A. Cooperation with the United Nations human rights treaty system 18
          B. Cooperation with the special procedures 18
          C. Cooperation with the Off cc of the United Nations High Commissioner for Human
          Rights 19
          VI. Conclusions 20
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          I. Introduction
          1. The present report is submitted in accordance with General Assembly
          resolution 62/168, in which the Assembly requested the Secretary-General to submit
          to it at its sixty-third session a comprehensive report on the situation of human
          rights in the Islamic Republic of Iran.
          2. The report is intended to reflect the broader patterns and trends in the human
          rights situation in the Islamic Republic of Iran, based on international treaty
          obligations, and includes observations made by treaty monitoring bodies and the
          special procedures of the Human Rights Council. 1 While the concerns identified in
          the resolution are given special focus, the report also includes a section on
          economic, social and cultural rights in order to present a picture of the entire
          spectrum of civil, cultural, economic, political and social rights in the Islamic
          Republic of Iran.
          IL Legal and institutional framework of the Islamic Republic
          of Iran relevant to the promotion and protection of
          human rights
          A. Legal framework
          3. The 1979 Constitution of the Islamic Republic of Iran guarantees a wide range
          of human rights and fundamental freedoms. However, in practice there are a number
          of serious impediments to the full protection of human rights and the independent
          functioning of the different institutions of the State.
          4. The Iranian Constitution contains a comprehensive chapter on rights of the
          people encompassing civil and political rights as well as economic, social and
          cultural rights: non-discrimination (art. 19), equality before the law (art. 20),
          women's rights (art. 21), the right to human dignity (art. 22), freedom of belief
          (art. 23), freedom of the press (art. 24), secrecy of communication (art. 25), freedom
          of association (art. 26), freedom of assembly (art. 27), the right to work (art. 28),
          welfare rights (art. 29), the right to education (art. 30), the right to housing (art. 31),
          arbitrary arrest (art. 32), the right to residence (art. 33), the right to recourse to the
          courts (art. 34), the right to counsel (art. 35), sentencing in accordance with the law
          (art. 36), the presumption of innocence (art. 37), the prohibition of torture (art. 38),
          the rights of arrested persons (art. 39), limitation of rights based on public interest
          (art. 40), the right to citizenship (art. 41) and naturalization (art. 42).
          5. In an effort to facilitate judicial enforcement of the fundamental rights
          enshrined in the Constitution, the Government has developed complementary
          legislation on citizens' rights” aimed at providing the courts with a new
          enforcement tool. The bill was passed by Parliament and approved by the Guardian
          Council on 4 May 2005. On 22 May 2008, it was published in the Official Gazette
          and given legal effect.
          1 It should be noted IIat some concluding observations, for instance by IIe Human Rights Committee in
          1993, are now dated owing to IIe long delay in periodic reporting by IIe Islamic Republic of Iran,
          alIIough IIe concerns cited herein remain valid.
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          6. The Penal Code and the Code of Penal Procedure provide various procedural
          guarantees aimed at ensuring due process of law and fair trial rights. For instance,
          article 190 of the Code of Penal Procedure requires that defence lawyers be given
          full access to prosecution documents and time to review them. However, some
          provisions fall short of international human rights standards. For instance, article 33
          of the Code of Criminal Procedure allows for a suspect to be detained without
          charge for one month, which may then be renewed.
          7. It was reported that a revised Penal Code drafted in January 2008 was being
          debated in Parliament at the time of preparation of the present report. The revised
          Penal Code, if adopted, contains some provisions that would be incompatible with
          international human rights standards, including an article on apostasy that would
          make the death penalty mandatory for conversion from Islam to other religions.
          B. Institutional framework
          8. While the Constitution provides for a separation of powers between the
          executive, legislative and judicial functions, there are a number of institutional
          constraints on their independent functioning and ability to protect human rights.
          9. Despite the separation of powers provided for in article 57 of the Constitution,
          the Supreme Leader, currently Ayatollah Ali Khamenei, supervises the executive,
          legislative and judicial branches and other key institutions (E/CN.4/2006/61/Add.3,
          para. 12). This is reinforced by the system of advisory councils provided for in the
          Constitution. The Guardian Council is composed of six theologians appointed by the
          Supreme Leader and six jurists nominated by the judiciary. It has the power to veto
          the bills passed by Parliament if it views them as being inconsistent with the
          Constitution and sharia law. The Expediency Council serves as an advisory body for
          the Supreme Leader with an ultimate adjudicating power in disputes over legislation
          between Parliament and the Guardian Council. The Assembly of Experts,
          comprising clerics elected through a general election, has the power to appoint and
          remove the Supreme Leader.
          10. The Supreme Leader appoints the head of the judiciary who in turn appoints
          the head of the Supreme Court and the Chief Public Prosecutor. The Iranian judicial
          system has three tiers: regular civil and criminal courts are overseen by courts of
          appeal that are in turn are supervised by the Supreme Court. There are specialized
          courts at different levels, such as the administrative court, family courts and juvenile
          courts. There are also special public and revolutionary courts that try certain
          categories of oLences, including crimes against national security and narcotics
          smuggling. Decisions rendered in revolutionary courts can be appealed, except for
          sentences of less than three months' imprisonment and fines under 500,000 rials.
          Special courts handle cases involving military personnel and the clergy. The
          Working Group on Arbitrary Detention, during its visit in 2003, raised concerns
          about the impact of such courts on the principle of equality before the law. The
          Working Group called for their functions to be transferred to the ordinary courts.
          11. The Working Group also noted that the abolition of prosecutors between 1995
          and 2002 was one of the main reasons for the malfunctioning of the justice system
          (E/CN.4/2004/3/Add. 2 and Corr. 1). Prosecutors were reintroduced to the system in
          2002; however they remain functionally part of the judiciary under the supervision
          of the head of the judiciary and do not exercise a fully independent role.
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          12. A further institutional problem noted in section IV below is the enforcement of
          directives issued by the head of the judiciary, for instance the prohibition on stoning
          and public executions. Iranian judicial authorities informed the Office of the United
          Nations High Commissioner for Human Rights (OHCHR) that these circulars are
          intended as interim measures until the passage of new laws. They also informed
          OHCHR that there are now OEupervisory bodies” at the lower levels of the judiciary,
          particularly in the regions, to ensure greater consistency in the application of such
          rules.
          13. There are several other institutional mechanisms that provide opportunities for
          citizens to seek redress. Article 174 of the Constitution provides for a National
          General Inspectorate under the supervision of the head of the judiciary that
          supervises the proper conduct of affairs and the correct implementation of laws by
          the administrative organs of the Government. The Inspectorate reportedly handles
          individual complaints and is somewhat akin to an ombudsman system. Under article
          90 of the Constitution, the Parliament can also examine and investigate written
          complaints by the public against its own work and the work of the executive and
          judicial branches. In addition, there are quasi-judicial institutions, including
          arbitration and dispute settlement councils, which settle large volumes of cases of a
          non-judicial or less complicated nature and increase the public's participation in and
          contribution to the proceedings. Moreover, the Islamic Human Rights Commission,
          established in 1996, is a consultative body composed of representatives of the
          Government and the judiciary that monitors the human rights situation in the
          country. It has not been recognized by the International Coordinating Committee of
          National Human Rights Institutions as complying with the Principles relating to the
          status of national institutions for the promotion and protection of human rights (the
          Paris Principles). In addition, the Islamic Republic of Iran has established a human
          rights headquarters to facilitate international cooperation and to coordinate
          Government bodies in human rights-related matters.
          II I. Economic, social and cultural rights
          14. The Islamic Republic of Iran has made gains over the past decade or more in
          the area of economic, social and cultural rights, although significant disparities
          remain between urban centres and less-developed regions. Since the 1979
          revolution, the Government has pursued socio-economic policies centred on Islamic
          values, which focus very much on the redistribution of wealth and poverty
          reduction.
          15. While the Islamic Republic of Iran is a party to the International Covenant on
          Economic, Social and Cultural Rights, it has not reported to the Committee on
          Economic, Social and Cultural Rights since 1993. The Committee raised concerns
          about the treatment of minority groups, discrimination between men and women,
          and legislation and policies on cultural freedom (E/C. 12/1993/7).
          16. According to the United Nations Development Programme Human
          Development Report for 2007/2008, the human development index of the Islamic
          Republic of Iran rose from 0.649 in 1991 to 0.759 in 2005. This largely reflected
          increases in per capita income and the allocation of a large proportion of the public
          budget to social activities. A review of the country's performance in meeting the
          Millennium Development Goals found that the percentage of the population living
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          on less than $1 a day had decreased from 0.9 per cent in 1999 to 0.2 per cent in
          2005; the percentage living on less than $2 a day had also declined, from 7.3 per
          cent in 1999 to 3.1 per cent in 2005. Those trends have reportedly slowed during
          recent years owing to high inflation and increases in consumer prices, but those
          factors have been oLset to some degree by State support. The proportion of
          underweight children decreased from 15.8 per cent in 1991 to S per cent in 2004.
          17. The Islamic Republic of Iran has also shown greatly improved results in the
          education sector, while challenges include a significant rise in the school-age
          population and the inadequate provision of facilities in rural areas. Net enrolment in
          primary education steadily increased, from 85 per cent in 1990 to 98 per cent in
          2005. In the same period, primary school dropout rates decreased from 13 per cent
          to 6.6 per cent. Literacy rates among 15- to 24-year-old men and women also
          increased and progressively equalized, rising from 92.2 and 81.1 per cent
          respectively in 1990 to 98.1 and 96.7 per cent in 2005.
          18. Those demographics make employment an important challenge for the
          Government, with an annual demand for about 800,000 jobs among the younger
          generation. Unemployment among women is especially acute and, with increased
          female university enrolment, rose from 26.8 per cent in 1996 to 40.6 per cent in
          2001.
          19. In the field of health, the expansion of health facilities, particularly for
          primary health care, has led to significant improvement in life expectancy, which
          rose from 64.8 years for men and 65.8 years for women in 1991 to 70.5 and
          72.8 years respectively in 2004. The under-S mortality rate also decreased, from 44
          per 1,000 births in 1991 to 36 per 1,000 births in 2001. Maternal mortality due to
          complications in delivery was also reduced, from 54 to 37 per 100,000 live births
          during the same period. The proportion of births attended by skilled health
          personnel increased to about 97.3 per cent.
          20. These positive achievements are offset, however, by regional disparities within
          the country. In terms of the human development index, there is a gap of more than
          2 percentage points between the most and least developed provinces. This appears to
          be driven primarily by income disparities due to a lack of employment
          opportunities, which in turn are contributing to internal migration from the rural
          areas to the cities. Disparities are also recorded along gender lines, and these are
          analysed in more detail in section lyE. Disaggregated data were not available on
          minority groups, although discrimination was reported against the Baha'i
          community; the Committee on Economic, Social and Cultural Rights, the
          International Labour Organization (ILO) Committee of Experts on the Application
          of Conventions and Recommendations and the special procedures mandate-holders
          have previously expressed concern in this regard.
          I V. Civil and political rights
          21. The past year has seen both positive and negative developments in the area of
          civil and political rights. Local human rights activists have continued to engage in
          strong advocacy on human rights issues, increasing public awareness and
          influencing the decision-making process in various State institutions such as the
          Parliament. During past years, a public platform was created for debates on human
          rights issues in the Islamic Republic of Iran, including in the context of general
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          elections. As described in the relevant sections of the present report, the Iranian
          authorities have also taken positive steps that suggest responsiveness to local and
          international concerns on such issues as the death penalty for juveniles, stoning and
          public executions, although these have not been fully addressed. Whereas steps were
          taken in Parliament to review legislative provisions that discriminate against
          women, there is still much room for improvement in this area.
          22. Some negative trends have also been reported, including an increase in rights
          violations targeting women, university students, teachers, workers and other activist
          groups. Ongoing harassment against human rights defenders, including women's
          rights activists, has been reported. 2 The independent media have also experienced
          tightened restrictions, with numerous publications suspended. While two Iranian-
          American dual nationals detained in 2007 have been released on bail, there were
          further high-profile arrests of members of the Baha'i community. The Iranian
          authorities state that those cases relate to espionage and national security concerns.
          23. The death penalty continued to be widely applied, including in some cases
          involving juveniles. There were at least some cases of stoning and public execution,
          despite moves by the authorities to curb such practices. Cases of amputation and
          flogging and suspicious deaths and suicides of prisoners while in custody were also
          reported. The information available on each of the thematic concerns identified in
          General Assembly resolution 62/168 is summarized in the following sections.
          A. Torture and cruel, inhuman or degrading treatment or
          punishment, including flogging and amputations
          24. As noted above, article 38 of the Constitution prohibits torture, however, the
          Penal Code does not contain a clear definition of torture as a specific criminal
          offence. It was reported that the Convention against Torture and Other Cruel,
          Inhuman or Degrading Treatment or Punishment was submitted and approved by the
          sixth Parliament on 15 December 2002, however it was rejected by the Guardian
          Council, reportedly because of perceived conflicts with Islamic rules and principles.
          2 According to a local non-govermnental orgaifization led by Shirin Ebadi, a Nobel Peace Prize laureate,
          in 2007 IIere were 138 informal requests” for interviews of citizens by IIe security force or by IIe
          judiciary wiIIout arrest warrants, 297 arrests and 132 trial cases in IIe court IIat resulted in a large
          number of penal verdicts, including 82 cases ofimprisomnent of rights activists, union workers,
          students and teachers. The Iranian auIIorities dispute IIese numbers.
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          25. The Special Rapporteur on torture and other cruel, inhuman or degrading
          treatment or punishment has sent a large number of communications to the Iranian
          authorities concerning serious allegations of torture. In 2007 alone, he sent 24 joint
          communications and one urgent appeal. The Iranian authorities denied the
          allegations of torture in most of these cases and responded that fair trials had been
          conducted with commensurate sentences issued.
          26. Amputation and corporal punishment, although justified by the authorities as
          Islamic punishments, remain a serious cause for concern. 4 When the last periodic
          report of the Islamic Republic of Iran under the International Covenant on Civil and
          Political Rights was considered in 1993, the Human Rights Committee concluded
          that the application of extremely severe punishment, such as flogging, stoning and
          amputation, was not compatible with the provisions of article 7 of the International
          Covenant on Civil and Political Rights, to which the Islamic Republic of Iran is a
          party. In its concluding observations in 2005, the Committee on the Rights of the
          Child expressed its deep regret that:
          ... under existing laws, persons below the age of 18 who have committed a
          crime can be subjected to corporal punishment and sentenced to various types
          of torture or other cruel, inhuman or degrading treatment or punishment, such
          as amputation, flogging or stoning, which are systematically imposed by
          judicial authorities ... (CRC/C/i 5/Add. 254, para. 45).
          27. An Iranian news agency reported that the hands of four people had been cut off
          in the city of Mashad. In addition, on 10 January 2007, the same news agency
          quoted the chief of the judiciary in the western city of Kermanshah as saying that
          soon there would be a number of limb amputations in public in connection with
          robberies in the province. Furthermore, it was reported that those accused of
          homosexual acts were routinely flogged and threatened with execution.
          28. The Working Group on Arbitrary Detention, during its visit from 15 to
          27 February 2003, noted the widespread use of solitary confinement and
          incommunicado” imprisonment for its own sake, not for traditional disciplinary
          For instance, on 2 August 2007, IIe Special Rapporteur expressed concern over IIe allegations IIat a
          detainee in Marivan was held in a cell measuring 1 square metre, was beaten and was barely fed. He
          was also repeatedly hung by his hands in a room filed wiII sewage and excrement and forced to keep
          his head liified in order to avoid drowning. On 3 April 2007, IIe Special Rapporteur sent anoIIer
          communication regarding fve men who had afregedly confessed under torture to a number of crimes
          IIat had taken place in March 2006. Reports claimed IIat IIe detainees had been branded wiII a red-hot
          iron, subjected to broken bones in IIeir hands and feet and tortured by an electric drill applied to IIeir
          limbs. In anoIIer case raised by IIe Special Rapporteur on 1 June 2007, an advocate of linguistic and
          social rights for Iraifians ofAzerbaijaifi eIInicity fflom IIe Khoy region is afreged to have been tortured,
          resulting in extensive bruising on his torso and broken ribs. The prisoner's moIIer was informed he had
          been executed and was instructed to coilect IIe body at IIe prison. Upon arrival, she was informed he
          had not yet been executed, but she was denied visitation rights.
          It is reported that during a nationwide crackdown on immoral behaviours” in May 2007, police
          raided a private party in Esfahan, arresting 87 persons, including 4 women and at least 8 people
          whom they accused of wearing the clothing of the opposite sex. It was reported IIat police
          stripped many of them to the waist in IIe street and beat IIem until their backs or faces were
          bloody Twenty-four of IIose arrested were tried for facilitating immorality and sexual
          misconduct”, as well as possession and consumption of alcohol. In June 2007 a court in Esfahan
          found all of IIem guilty of various combinations of IIose charges. Most were sentenced to up to
          80 lashes and ffines of 10 million to 50 million riyals (Sl,000-S5,000). The verdicts are under
          appeal and have not yet been enforced.
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          purposes (E/CN.4/2004/3/Add.2 and Corr. 1, para. 54). However, the Iranian
          authorities informed OHCHR that such imprisonment was allowed only in
          exceptional cases and was limited to very serious crimes, such as murder and
          espionage, in accordance with the Code of Penal Procedures. The duration of
          solitary confinement has been reduced from one month to 20 days.
          B. Death penalty and public executions
          29. The Working Group on Arbitrary Detention noted that the Iranian Penal Code
          retains five categories of crimes to which diverse punishments can be applied:
          hudua qisas, diyah, ta'zir and preventive punishments (see E/CN.4/2004/3/Add.2
          and Corr. 1). Hudud constitutes crimes against divine will, the applicable
          punishments for which include the death penalty, crucifixion, stoning, amputation of
          the right hand and, for repeat oLences, the left foot, flogging, imprisonment and
          exile. Qisas is retribution in kind, broadly similar to OEn eye for an eye”.
          Proceedings against the life or physical integrity of the person are subjected to the
          decision of the victim, who may ask for the guilty party to suLer the same treatment
          or may accept financial compensation (diyah) in the case of murder or physical
          injury. Ta ‘zir constitutes crimes that incur discretionary punishments applied by the
          State that are not derived from the Islamic sharia law.
          30. The death penalty is imposed for certain hudud crimes, including adultery,
          incest, rape, fornication for the fourth time by an unmarried person, drinking alcohol
          for the third time, sodomy, sexual conduct between men without penetration for the
          fourth time, lesbianism for the fourth time, fornication by a non-Muslim man with a
          Muslim woman, and false accusation of adultery or sodomy for a fourth time.
          Furthermore, the death penalty can be applied for the crimes of enmity with God
          (mohareb) and corruption on earth (mofsed if arz) as one of four possible
          punishments. Under the category of ta'zir crimes, the death penalty can be imposed
          for cursing the Prophet” (art. 513 of the Penal Code). The death penalty may also
          be applied to such crimes as drug smuggling or traffcking, murder, espionage and
          crimes against national security.
          31. The continuing high incidence of executions remains an ongoing concern, with
          a sudden surge of executions reported in recent months, which the authorities argue
          are part of efforts to combat drug traffcking. For instance, on 27 July 2008, there
          were reportedly 29 executions, 18 for drug-related offences.
          32. The Human Rights Committee expressed grave concern over the extremely
          high number of death sentences, many resulting from trials in which the guarantees
          of due process of law had not been properly applied (CCPR/C/79/Add.25, para. 8).
          Under the International Covenant on Civil and Political Rights, to which the Islamic
          Republic of Iran is a party, the application of the death penalty is limited to the most
          serious crimes and should be applied only in a most restrictive manner while
          ensuring for the utmost procedural safeguards.
          33. In January 2008, the spokesperson of the Iranian judiciary announced that the
          head of the judiciary had issued a circular banning public execution. The circular
          applies to all cases and provides that exceptions will be formally decided and
          approved by the head of the judiciary when and where needed. The circular also
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          forbids publishing pictures of executions in the newspapers and other media.
          However, public executions are reported to have still occurred. 5
          C. Stoiiing as a method of execution
          34. In January 2002, the head of the judiciary issued a circular to prohibit stoning
          as a punishment. However, as in the case of the ban on public executions, this
          circular does not have a binding legal effect and serves only as an instruction for
          individual judges.
          35. There have been several reports of stoning since this prohibition was declared.
          In May 2006, two people were stoned to death in Mashad. In July 2007, one male
          was reportedly stoned to death in Qazvin, although his partner was released from
          jail in early 2008. The United Nations High Commissioner for Human Rights
          expressed deep concern over this case in a public statement on 10 July 2007. The
          special procedures of the Human Rights Council have also voiced their concerns in
          several communications with the Iranian Government over the practice of stoning
          women, in particular for reasons of adultery. The existing Penal Code prescribes
          execution by stoning as the penalty for adultery by married persons.
          36. It is reported that stoning verdicts have been suspended for at least 14 people:
          11 women and 3 men. It was also reported, in July 2008, that nine people had been
          sentenced to stoning for adultery, although those figures are disputed by the Iranian
          authorities. Civil society in the Islamic Republic of Iran is also actively
          campaigning for the abolition of stoning. The campaign to stop stoning forever”,
          launched in 2006, is aimed at documenting cases of stoning sentences, identifying
          attorneys willing to represent the accused and working towards the abolition of
          stoning altogether.
          D. Juvenile executions
          37. The head of the judiciary has reportedly established a moratorium on juvenile
          executions. Once again, the moratorium is not legally binding for judges as it is in
          the form of an administrative circular, not a law, and cases of execution of juveniles
          continue to be reported. It appears that the judicial authorities are seeking to delay
          juvenile death penalty cases on procedural grounds, to maximize both judicial
          scrutiny and the time available for the families of the victim and perpetrator to reach
          a diyah settlement in accordance with Islamic law.
          38. In addition, it is reported that a bill on the establishment of juvenile courts is
          currently under review by the Parliament. The bill has reportedly been approved in
          general” by a majority of parliamentarians and referred to a special committee for
          more detailed review. The bill promotes principles of restorative justice and
          provides for diversion from the criminal system to community-based solutions and
          alternatives to criminal sentences. It is understood that the bill will neither abolish
          the death penalty for those under the age of 18 who have committed crimes nor
          formally raise the age of criminal responsibility. However, it represents an important
          Anmesty International reported that four men, including one Afghan refugee, were publicly
          executed in Borazjan on 10 July 2008.
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          step towards the harmonization of the Iranian legal system with relevant
          international standards in the area of juvenile justice.
          39. Despite these positive developments, it is reported that a large number of
          juvenile executions are still carried out. Amnesty International reported that between
          1990 and 2006, the Islamic Republic of Iran had executed 22 child offenders,
          constituting almost half of the total number (51) of juvenile executions worldwide
          during the reporting period. It was further reported that a total of 107 offenders
          under the age of 18 had been sentenced to death; 36 of those cases are now in the
          final stages. The Iranian authorities dispute those figures and point to a diminishing
          trend in juvenile executions over time.
          40. Both the International Covenant on Civil and Political Rights and the
          Convention on the Rights of the Child, to which the Islamic Republic of Iran is a
          party, obligate States parties not to impose the death penalty on those who commit a
          crime under the age of 18.
          41. The age for criminal responsibility under Iranian law is set at 14 years and
          7 months for boys and 8 years and 9 months for girls, which is not only
          discriminatory but also low by international standards. Accordingly, children who
          commit serious crimes can be processed as adults under the Penal Code (see
          E/CN.4/2002/42, para. 98). Furthermore, there is a possibility of death sentence
          under qisas (retribution in kind) for juvenile offenders, unless diyah is agreed or the
          offender is forgiven by the victim's family. The sharia jurisprudence considers qisas
          a private right of the family of the victim that cannot be overruled by the decision of
          a judge or any other authority. In this connection, Iranian officials exclude the
          State's responsibility for qisas cases. 6
          42. In 2005, the Committee on the Rights of the Child expressed grave concern
          that juvenile executions had continued and urged the Islamic Republic of Iran to
          take the steps necessary to immediately suspend the execution of the death penalty
          imposed on persons for having committed a crime before the age of 18, to take the
          appropriate legal measures to convert them into penalties in conformity with the
          provisions of the Convention on the Rights of the Child and to abolish the death
          penalty as a sentence imposed on persons for having committed crimes before the
          age of 18, as required by article 37 of the Convention on the Rights of the Child.
          43. The United Nations High Commissioner for Human Rights has given high
          priority to the issue of juvenile execution in her dialogue with the Iranian
          authorities, which has led to a number of interventions on individual cases through
          private representations with the Permanent Mission of the Islamic Republic of Iran
          to the United Nations at Geneva, letters to the Foreign Minister and public
          statements. For instance, on 6 December 2007, the High Commissioner expressed
          grave concern over the execution of Makwan Moloudzadeh the previous day in a
          prison in Kermanshah Province. It was reported that Mr. Moloudzadeh had been
          convicted of the rape of three boys seven years earlier, when he was 13 years old,
          and that the execution had been carried out despite his alleged victims' withdrawing
          6 International human rights law does not make a distinction for qisas cases, as convicts are still
          put to deathbyIIe State.
          08-53075 11
        
          
          A163/459
          their accusations and the head of the judiciary issuing an order to stay the execution
          pending a further judicial review of the sentence. 7
          44. On 10 June 2008, the High Commissioner publicly expressed her concern over
          reports that four juvenile offenders, Behnoud Shojaaee, Mohammad Fadaaee, Saeed
          Jazee and Behnam Zaare, had been sentenced to death for crimes that they had
          committed when they were under the age of 18. She acknowledged the steps taken
          by the Iranian authorities to subject those cases to closer judicial scrutiny and to
          encourage settlements between perpetrators and the victims' families. The High
          Commissioner, however, reminded the Iranian authorities of the absolute prohibition
          on the application of the death penalty for juvenile offenders under international
          law. It was reported that their executions had been postponed, and the case of
          Mr. Jazee was reportedly settled with the victim's family.
          45. In addition, the High Commissioner, during her visit to Tehran in September
          2007, raised the case of Mohammad Latif, who had been sentenced to death for a
          crime that he had committed under the age of 18. It was subsequently reported that a
          final settlement had been reached between the families of Mr. Latif and the victim.
          E. Women's rights
          46. The Islamic Republic of Iran has yet to ratify the Convention on the
          Elimination of All Forms of Discrimination against Women.
          47. According to the United Nations Development Programme Human
          Development Report 2007/2008, the Islamic Republic of Iran ranks ninety-fourth on
          the gender development index among the 177 countries surveyed and eighty-seventh
          on the gender empowerment measures. Gender disparities remain among
          geographical regions in the country. For instance, according to the Management and
          Planning Organization of the Islamic Republic of Iran, the gender development
          index is markedly lower than the national average in certain provinces, such as
          Sistan Baluchistan, Hormogzan and Zanjang.
          48. The Islamic Republic of Iran is reported to have made important achievements
          in women's education and health since 1990, the baseline year for the Millennium
          Development Goals. It is likely to achieve benchmarks under Goals 2 (achieve
          universal primary education), 4 (reduce child mortality) and 5 (improve maternal
          health). For instance, the female-to-male literacy ratio in the 1S-to-24 age group has
          increased from 87.9 per cent to 98.6 per cent. The girls' primary, secondary and
          tertiary education enrolment ratio has markedly increased, from 79.2 per cent to
          94.3 per cent, with female students constituting 64 per cent of all college students.
          Access to health care, including reproductive health care, has become nearly
          universal. As noted previously, maternal and infant mortality rates have also
          declined sharply.
          49. Despite these positive achievements, the Islamic Republic of Iran is faced with
          a number of challenges in gender equity and equality and empowerment of women.
          The penal and civil laws contain discriminatory provisions that are in urgent need of
          The Permanent Mission of IIe Islamic Republic of Iran to IIe United Nations at Geneva
          contested whether Mr. Moloudzadeh had in fact been sentenced for crimes committed before the
          age of 18. However, a review of court documents by OHCHR found IIat the oLences included
          those committed when he was a minor.
          12 08-53075
        
          
          A163/459
          reform. On 30 November 2007, the Special Rapporteur on violence against women,
          its causes and consequences raised concerns over provisions in the family protection
          draft bill (No. 36780/68357, dated 22 July 2007), which allegedly reversed rights
          currently enjoyed by women in the family. The bill would, in particular, make it
          more difficult for women to obtain a divorce, as they would need to prove the
          impossibility of reconciliation by the intermediary of family counselling centres
          composed of experts on family studies, law and Islamic law (A/HRC/7/6/Add. 1,
          paras. 214-226).
          50. There have recently been some more promising steps to address discriminatory
          laws. Under Iranian law, provisions for compensation (diyah, or blood money) for
          accidents and deaths put a value on men's lives (and limbs) that is double that of
          women's. This was recently reviewed by Parliament, and legislation has been
          proposed to recognize the equal value of women in such cases. The law on
          inheritance for married women was also reviewed by Parliament. Under the law,
          when a husband dies, a wife is entitled to a wife's share” that excludes real
          property, and the land is passed directly to the children and the parents of the
          husband. Furthermore, male children are entitled to double the amount of the
          inheritance of female children. Women parliamentarians have championed new
          legislation to address this inequality, although it has met resistance from many
          religious scholars. While both laws have yet to be passed, such legislative initiatives
          represent positive steps, particularly given the accompanying public debate and
          discourse on women's rights. The Iranian authorities also point to legislative
          changes that provide for the possibility of divorce at the request of a woman and the
          right of mothers to custody of their children.
          51. Women have limited participation in wage labour outside of the agricultural
          sector, estimated at 16 per cent, which signifies that the progress achieved in female
          education in the recent past has not as yet translated into increased women's
          economic participation. Concern was noted by the ILO Committee of Experts over
          women's low labour market participation, and particularly their limited access to
          senior positions and their high unemployment rate. Furthermore, the Committee
          noted that without the express repeal of section 1117 of the Civil Code, there would
          be a continuing negative impact on women's employment opportunities. Women's
          representatives in Parliament constitute only 4.1 per cent, and women's participation
          in governance and decision-making positions remains limited. In addition,
          socio-cultural barriers and gender stereotypes in the school curricula and the media
          reinforce the prevailing patriarchal attitude in society
          52. Gender-based violence is also widespread. During her visit from 29 January to
          6 February 2005, the Special Rapporteur on violence against women, its causes and
          consequences observed that violence against women in the Islamic Republic of Iran
          was due mainly to gender inequality, perpetuated by patriarchal values and
          discriminatory laws and procedures against women (E/CN.4/2006/61/Add.3).
          53. Concerns have been expressed over an increasing crackdown in the past year
          on the women's rights movement in the Islamic Republic of Iran. Women's rights
          activism is sometimes presented by the Iranian Government as being connected to
          external security threats to the country. For instance, the main organizers of the one
          million signatures” campaign reportedly faced arrest and intimidation by the
          authorities. On 6 March 2007, the United Nations High Commissioner for Human
          Rights expressed public concern over the arrests of at least 31 women activists
          08-53075 13
        
          
          A163/459
          during a peaceful gathering in front of the Islamic Revolutionary Court in Tehran.
          Several special procedures mandate-holders have raised concerns about the arrest,
          detention and ill treatment of women's rights defenders on numerous occasions in
          recent years (see, e.g., A/HRC/7/6/Add. 1 and A/HRC/7/28/Add. 1). The Special
          Rapporteur on violence against women, its causes and consequences also noted with
          concern repeated arrests of women for wearing overtly loose headscarves or tight
          coats.
          F. Rights of minorities
          54. The Constitution explicitly declares Islam to be the State religion, but contains
          two important provisions concerning religious minorities. Article 13 states that
          Zoroastrian, Jewish and Christian Iranians are the only recognized religious
          minorities who are free to perform their religious rites and ceremonies, within the
          limits of the law, and to act according to their own canon in matters of personal
          affairs and religious education. Article 14 also provides protection for non-Muslims,
          provided they refrain from conspiracy or activity against Islam and the Islamic
          Republic of Iran.
          55. Reports continue to be received about members of the Baha'i community
          being subjected to arbitrary detention, false imprisonment, confiscation and
          destruction of property, denial of employment and Government benefits and denial
          of access to higher education. A significant increase has been reported in violence
          targeting Baha'is and their homes, shops, farms and cemeteries throughout the
          country. There have also been several cases involving torture or ill-treatment in
          custody.
          56. The special procedures mandate holders have repeatedly raised the issue of the
          Baha'is with the Iranian authorities. Since June 2006, the Special Rapporteur on
          freedom of religion or belief, the Independent Expert on minority issues and the
          Working Group on Arbitrary Detention have repeatedly raised the issue of the arrest
          of 54 members of the Baha'i community in the city of Shiraz who were reported to
          have been involved in community work. Also on 24 April 2007, the Special
          Rapporteur on freedom of religion or belief expressed concern that Baha'i students
          were subjected to harassment, vilification and other forms of abuse by their teachers
          and school administrators. It is alleged that the Baha'i students were forced to
          identify their religion and then were insulted, threatened with expulsion and, in
          some cases, summarily dismissed from school. In January and February 2007 some
          150 such incidents were reported. Many of the students were informed they had
          been expelled because of their faith. Moreover, in June 2006, the ILO Committee of
          Experts concluded that no progress had been made in amending or repealing
          legislation that was contrary to the ILO Discrimination (Employment and
          Occupation) Convention of 1958. The Committee also expressed continued concern
          regarding discrimination against members of recognized and unrecognized religious
          minorities and ethnic minorities. The Committee noted that discrimination against
          Baha' is remained particularly serious.
          57. On 18 May 2008, it was reported that six members of the Baha'i leadership in
          the country had been arrested and a seventh member had been detained
          incommunicado in Mashhad since 5 March 2008. Subsequently, on 23 May, the
          High Commissioner wrote to the Iranian authorities asking for information on the
          14 08-53075
        
          
          A163/459
          reports in the light of the obligations of the Islamic Republic of Iran under the
          International Covenant on Civil and Political Rights to ensure that no one is
          detained arbitrarily and to uphold the right to freedom of religion or belief The
          Iranian authorities insist that the arrests were made on national security grounds.
          58. Other minority groups in the Islamic Republic of Iran are reported to have
          been subjected to a range of human rights violations. For instance, the special
          procedures sent a number of communications in connection with the Arab minority
          in Khuzestan. On 3 February 2006, the Working Group on Arbitrary Detention and
          the Special Rapporteur on the promotion and protection of the right to freedom of
          opinion and expression raised concern over the arrests of seven Arab minority
          people in the city of Ahwaz in Khuzestan Province on 11 and 12 January 2006 after
          clashes between Iranian security forces and members of the Arab minority
          community. On 31 August 2006, the Special Rapporteur on extrajudicial, summary
          or arbitrary executions drew attention to information he had received regarding a
          reportedly secret trial on charges carrying the death penalty of 22 Arab minority
          activists. On 13 November 2006, the Special Rapporteur wrote again to the Iranian
          authorities in connection with the death sentences of 10 of the 22 individuals
          expressing concern over reports that they had been tortured to confess and had had
          no access to lawyers prior to their trials. The Iranian authorities insist that the
          arrests were made in connection with terrorist activities.
          59. In addition, the special procedures have raised a number of communications
          concerning members of the Nematollahi Sufi Muslim community, the Kurdish
          community, the Suimi community, the Baluchi community, the Azeri-Turk
          community and the Christian community who have reportedly been subjected to
          arbitrary arrests and torture, allegedly in coimection with peaceful demonstrations
          for their rights, such as the right to speak their own language and to hold religious
          ceremonies.
          60. Treaty bodies have also addressed the issue of the rights of minorities in the
          Islamic Republic of Iran. As such, the Human Rights Committee expressed its
          concern at the extent of the limitations and restrictions on the freedom of religion
          and belief, noting that conversion from Islam is punishable and that even followers
          of the three recognized religions are facing serious diffculties in the enjoyment of
          their rights. The Committee was particularly disturbed about the extent of
          discrimination against followers of non-recognized religions, notably the Baha'is,
          whose rights under the Covenant are subject to extremely severe restrictions
          (CCPR/C/79/Add.25, para. 16). In 2003, the Committee on the Elimination of
          Racial Discrimination expressed its concern over the reported discrimination faced
          by certain minorities, including Baha'is, who are deprived of certain rights, and that
          certain provisions of the State party's legislation appear to be discriminatory and on
          ethnic and religious grounds (CERD/C/63/CO/6, para. 14). In 2005, the Committee
          on the Rights of the Child expressed concern that a large number of Baha'i students
          had not been admitted to university on the grounds of their religious affliation
          (CRC/C/15/Add.254, para. 59).
          61. The Islamic Republic of Iran has been a long-standing and generous host to a
          substantial refugee population, particularly from neighbouring Afghanistan.
          Following the voluntary repatriation of approximately 1 million Afghan refugees
          from 2002 to 2004, the Bureau of Aliens and Foreign Immigrants Affairs under the
          Interior Ministry conducted two inclusive refugee registration exercises between
          08-53075 15
        
          
          A163/459
          2005 and 2007. In 2008, the Bureau has conducted a third Afghan refugee
          registration exercise and is presently in the process of issuing the corresponding
          refugee card to more than 850,000 Afghan registered refugees. Commendably, it is
          foreseen that work permits will also be issued to refugees upon registration.
          However, the Committee on the Rights of the Child noted that refugee children are
          currently being enrolled in schools only if their parents have registered with the
          authorities, and that the enrolment of refugee children was not being oLered free of
          charge (ibid.).
          G. Freedom of peaceful assembly and association and freedom of
          opiiiion and expression
          62. Serious concern has been expressed by the international community regarding
          the right to freedom of peaceful assembly and association and freedom of opinion
          and expression. The Human Rights Committee expressed concern over the extent of
          limitations to the freedom of expression, assembly and association exemplified by
          articles 6 and 24 of the Constitution and article 16 of the Law pertaining to
          Activities of Parties, Societies and Political and Professional Associations. It noted
          that contrary to the provisions of articles 18 and 19 of the International Covenant on
          Civil and Political Rights, members of certain political parties who did not agree
          with what the authorities believed to be Islamic thinking or who expressed opinions
          in opposition to official positions had been discriminated against. Self-censorship
          also seemed to be widespread in the media, and severe limitations appeared to have
          been placed upon the exercise of freedom of assembly and of association
          (CCPR/C/79/Add.25, para. 15).
          63. Similar concerns have been reiterated by the special procedures mandate
          holders. During his visit from 4 to 10 November 2003, the Special Rapporteur on
          the right to freedom of opinion and expression (see E/CN.4/2004/62/Add.2) noted a
          strong desire for reform among civil society, within Parliament and at the highest
          levels of the Government of the time, but reforms were hampered by a number of
          institutional blocks. He noted that many limitations in the Press Law and the Penal
          Code did not comply with the restrictions possible under article 19, paragraph 3, of
          the International Covenant on Civil and Political Rights. He observed that the
          grounds for limitations such as insult against Islam” or criticism” lacked objective
          criteria and clear definition and could result in misinterpretation by judges. He also
          urged the Iranian authorities to review the legislation limiting the exercise of
          freedom of opinion and expression and to give a clearer definition to the provisions
          limiting this right.
          64. Furthermore, the Special Rapporteur underlined that the use of revolutionary
          courts to try OEpinion-related offences” had a negative impact on the exercise of the
          right to freedom of opinion and expression. He called upon the Iranian Government
          to grant anmesty to all prisoners prosecuted for press and opinion-related oLences.
          65. There have been increasing reports of tightening curbs on the media in the
          recent past. The crackdown has affected print media, weblogs and websites, and
          journalists have been imprisoned. A well-known human rights defender in the
          country said that in the period from March 2007 to March 2008, approximately 30
          newspapers and magazines had been suspended in the country, including Sharq and
          Hammihan dailies as well as Madrese, Zanan and Donyciye Tasvir, Sobh-e Zendegi,
          16 08-53075
        
          
          A163/459
          Talash and Haft. Some women's rights activists were indicted on national security
          grounds owing to their weblogs. It is further reported that during the month of May
          2008 alone, more than 18 weblogs focusing on discriminatory laws against women
          (the 1 million signatures” campaign) had been filtered. The censorship of books
          has reportedly been tightened, aLecting negatively the environment for the
          publishing industry and writers. The Iranian Government appears to encourage self-
          censorship openly, as the Islamic Culture and Guidance Minister was quoted in the
          media as saying that if book publishers were to do some self-censorship, they
          wouldn't have to complain so much.
          66. The right of workers to form independent trade unions has been complicated
          by an apparent contradiction between the national laws and the Constitution. While
          the Constitution guarantees the right to association and assembly, section 6 of the
          Labour Law is vaguely worded in terms of workers forming free trade unions. It is
          reported that attempts to create a number of workers' associations and strike actions
          over wages have been met by arbitrary arrests and violence by the security forces.
          H. Lack of due process rights and failure to respect the rights
          of detainees
          67. As noted above, the Iranian Constitution, the Penal Code and the Code of
          Penal Procedure provide for a range of procedural guarantees in coimection with the
          due process of law. Nevertheless, more than 65 per cent of the communications sent
          to the Islamic Republic of Iran by the special procedures mandate holders in 2007
          related to concerns over the lack of due process rights and the failure to respect the
          rights of detainees.
          68. Similarly, the Human Rights Committee expressed concern over the lack of
          safeguards for due process and fair trials and deplored the lack of respect for due
          process of law, particularly before the revolutionary courts, where trials in camera
          tended to be the rule and where apparently no real possibility was provided to the
          accused to prepare a defence (CCPR/C/79/Add.25, para. 12).
          69. The Working Group on arbitrary detention, during its visit from 15 to
          27 February 2003, noted the failure to observe procedural formalities as a guarantee
          against arbitrary treatment. Particularly in revolutionary court hearings, an
          extremely restrictive interpretation of article 128 of the Code of Penal Procedure
          and note 3 to the Law on the Selection of Counsel led to the exclusion of counsel at
          the discretion of the judges. The Working Group noted that the active involvement
          of counsel must be provided for during all stages of the process and that access to
          legal aid must be made more eLective (E/CN.4/2004/3/Add. 2 and Corr. 1). The
          Iranian Bar Association has expressed concern over new legislation that establishes
          a parallel system for the issuance of attorney licences, which could further
          undermine the independence of the bar.
          70. Women bear the negative impact of discriminatory laws and practices. The
          Special Rapporteur on violence against women, its causes and consequences noted
          that the rules of evidence discriminated against women. For example, in criminal
          offences such as murder or illicit sexual relations”, the woman's testimony is worth
          only half that of a man and must be corroborated by the testimony of a man in order
          to be accepted. Furthermore, she noted that the punishments imposed were
          disproportionate to the seriousness of the offences committed and that such arbitrary
          08-53075 17
        
          
          A163/459
          punishments frequently discriminated against women, who were punished more
          harshly than men who committed the same crime (E/CN.4/2006/61/Add.3).
          I V. Cooperation with the Office of the United Nations High
          Commissioner for Human Rights and international human
          rights mechanisms
          A. Cooperation with the Uiiited Nations human rights treaty system
          71. The Islamic Republic of Iran is a party to four major United Nations human
          rights treaties: the Convention on the Rights of the Child (ratified on 13 July 1994),
          the Convention on the Elimination of Racial Discrimination (ratified on 29 August
          1968), the International Covenant on Civil and Political Rights and the International
          Covenant on Economic, Social and Cultural Rights (both ratified on 24 June 1975).
          It has ratified some other human rights-related treaties, including the Convention
          Relating to the Status of Refugees (1951) and the Protocol thereto (both ratified on
          28 July 1976), the Convention on the Prevention and Punishment of the Crime of
          Genocide (1948) (ratified on 14 August 1956), the International Convention on the
          Suppression and Punishment of the Crime of Apartheid (1973) (ratified on 17 April
          1985), and the ILO Convention concerning the Prohibition and Immediate Action
          for the Elimination of the Worst Forms of Child Labour (No. 182) (ratified in May
          2002; the Islamic Republic of Iran has ratified 13 international labour conventions).
          72. The Islamic Republic of Iran has had a poor record of cooperation with treaty
          bodies. It has not reported to the Committee on Economic, Social and Cultural
          Rights or the Human Rights Committee for more than a decade. The concluding
          observations of each of those bodies adopted in 1993 remain largely
          unimplemented. However, on the positive side, the more recent country reports were
          examined by the Committee on the Rights of the Child in 2000 and 2005
          respectively and by the Committee on the Elimination of All Forms of Racial
          Discrimination in 2003, enabling an in-depth analysis of the various forms of
          discrimination and of the situation of the rights of the child.
          73. The Islamic Republic of Iran has a practice of entering general reservations
          upon signature or ratification, which has repeatedly been cited by treaty bodies as
          one of the main factors impeding the enjoyment of some human rights protected
          under the conventions.
          B. Cooperation with the special procedures
          74. The Islamic Republic of Iran issued a standing invitation to all thematic
          special procedures mandate holders in June 2002, which coincided with the
          discontinuation of the mandate of the Special Representative on the human rights
          situation in the Islamic Republic of Iran established by the Commission on Human
          Rights in 1984. The Special Rapporteur on adequate housing as a component of the
          right to an adequate standard of living, and on the right to non-discrimination in this
          context (July 2005; see E/CN.4/2006/41/Add.2), the Special Rapporteur on violence
          against women, its causes and consequences (January/February 2005; see
          E/CN.4/2006/61/Add.3), the Special Rapporteur on the human rights of migrants
          18 08-53075
        
          
          A163/459
          (February 2004; see E/CN.4/2005/85/Add.2), the Special Rapporteur on the
          promotion and protection of the right to freedom of opinion and expression
          (November 2003; see E/CN.4/2004/62/Add.2), and the Working Group on Arbitrary
          Detention (February 2003; see E/CN.4/2004/3/Add. 2 and Corr. 1) have so far visited
          the Islamic Republic of Iran. Visits of the Working Group on Enforced or
          Involuntary Disappearances, the Special Rapporteur on extrajudicial summary or
          arbitrary executions and the Special Rapporteur on freedom of religion or belief
          were agreed to in principle, but have yet to take place. The Special Rapporteur on
          extrajudicial summary and arbitrary executions sent a follow-up request in
          November 2006 and several additional follow-up requests in March 2008. The
          Special Rapporteur on freedom of religion or belief reiterated her wish to visit the
          Islamic Republic of Iran in her latest follow-up letter, dated March 2008. The
          Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
          punishment requested a visit in 2005 and has sent annual reminders since. The
          Special Rapporteur on the independence of judges and lawyers requested a visit in
          2006 and reiterated his request in 2008. The independent expert on minority issues
          requested a visit in 2008.
          75. The special procedures mandate holders have also sent a large number of
          individual communications on a wide range of human rights issues vis- -vis the
          Islamic Republic of Iran. 8 A total of 56 communications were sent in 2007, 42 of
          which were joint communications. The Iranian authorities responded in 10 cases.
          C. Cooperation with the Office of the Uiiited Nations High
          Conmiissioner for Human Rights
          76. The United Nations High Commissioner for Human Rights visited the Islamic
          Republic of Iran in September 2007 for a conference on human rights and cultural
          diversity of the Non-Aligned Movement. During her visit, she met with senior
          Government representatives and discussed a range of concerns, including the death
          penalty (especially for juveniles) and women's rights. In the course of those
          discussions, the Iranian authorities expressed interest in cooperation between
          OHCHR and the Iranian judiciary. Subsequently, in May 2008, at the invitation of
          the judiciary, an OHCHR technical assessment mission visited Tehran to explore
          possible areas of cooperation. As an initial step, OHCHR suggested to the
          authorities that the Islamic Republic of Iran accept a visit by the Special Rapporteur
          on the independence ofjudges and lawyers before the end of 2009.
          In 2007 alone, IIe Special Rapporteur on extrajudicial, summary or arbitrary executions sent
          20 communications to IIe Islamic Republic of Iran. The Working Group onArbitrary Detention
          processed 17 communications; IIe Special Rapporteur on IIe promotion and protection of the
          right to freedom of opinion and expression sent 20 communications; the Special Rapporteur on
          the independence of judges and lawyers sent 7 communications; IIe Special Rapporteur on
          torture and oIIer cruel, inhuman or degrading treatment or punishment sent 24 communications;
          the Special Rapporteur on the human rights of migrants sent 1 communication; the Special
          Representative of the Secretary-General on the situation of human rights defenders sent
          23 communications; the Special Rapporteur on violence against women, its causes and
          consequences sent 10 communications; the Special Rapporteur on freedom of religion or
          belief sent 3 communications; and IIe Special Rapporteur on the right to education sent
          1 communication.
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          A163/459
          77. The High Commissioner has intervened with the Iranian authorities in a
          number of individual human rights cases through private representations, letters and
          public statements. These included cases involving the rights of women, freedom of
          assembly, juvenile executions, cruel, inhuman or degrading treatment or
          punishment, including stoning, and freedom of religion and the rights of minorities.
          VI. Conclusions
          78. Many areas of continuing concern for human rights in the Islamic
          Republic of Iran are noted in the present report, as well as some positive steps
          taken by the Iranian authorities to address discriminatory laws and restrict
          aspects of the death penalty. The Secretary-General encourages the
          Government of the Islamic Republic of Iran to address the concerns highlighted
          in the report and to continue to revise national laws, particularly the new Penal
          Code and juvenile justice laws, to ensure compliance with international human
          rights standards and prevent discriminatory practices against women, ethnic
          and religious minorities and other minority groups. The Secretary-General
          notes the positive achievements of the Islamic Republic of Iran against many
          economic and social indicators and encourages the Government to continue to
          address regional disparities in the enjoyment of economic, social and cultural
          rights, as well as discrimination against women and minorities.
          79. The Secretary-General welcomes the recent steps taken by the
          Government of the Islamic Republic of Iran to explore cooperation on human
          rights and justice reform with the United Nations, including OHCHR. He
          encourages the Government to ratify major international human rights
          treaties, in particular the Convention on the Elimination of All Forms of
          Discrimination against Women and the Convention against Torture and Other
          Cruel, Inhuman or Degrading Treatment or Punishment, and to withdraw the
          general reservations it has made upon the signature and ratiffication of various
          human rights treaties, as recommended by the respective treaty bodies. The
          Secretary-General hopes that the Islamic Republic of Iran will ffinalize its long-
          outstanding periodic reports under human rights treaties, particularly to the
          Human Rights Committee and the Committee on Economic, Social and
          Cultural Rights, to allow a systematic review of progress in implementing the
          related obligations. The Secretary-General welcomes the Government's
          standing invitation to the Human Rights Council special procedures mandate
          holders and encourages the Government to facilitate their visits to the country
          in order that they might conduct more comprehensive assessments.
          20 08-53075
        

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