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.
08-53075 (E) 161008
IID II I loll DD IID III ID II
A163/459
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
2 08-53075
A163/459
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.
08-53075 3
A163/459
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.
4 08-53075
A163/459
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
08-53075 5
A163/459
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
6 08-53075
A163/459
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.
08-53075 7
A163/459
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.
8 08-53075
A163/459
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
08-53075 9
A163/459
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.
10 08-53075
A163/459
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.
08-53075 19
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
