Aadel Collection
Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Reynaldo Galindo Pohl
UNITED
NATIONS
Economic
Council
and
Social
‘
Distr.
GENERAL
-
E/CN.4/1990/24
12 February 1990
:
.
ENGLISH
OrIginal: SPANISH/ENGLISH
COMMISSION ON HUMAN RIGHTS
Forty—sixth session
Agenda item 12
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND
OTHER DEPENDENT COUNTRIES AND TERRITORIES
Report on the human rights situation
by h Specia1 Representative of the
in
Co
the Islamic Republic of
icsion on Human Rights ,
Iran
‘
Mr. Re ia1do Galindo
Pohi.
purs nt
to
Co ission resolution
1989/66
I
BP000516
E/CN.4/1990/24
page ii
CONTENTS
.
Paragraphs
Pag ..
INTRODUCTION
1 — 5
1 -
I. CONTACTS AND COMMUNICATIONS WITH THE GOVERNMENT OF
THE ISLANIC REPUBLIC OF IRAN
6 — 16
2
II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE ...
III. CONSIDERATION OF OFFICIAL OPINIONS RELATING TO THE
17 — 66
.
6
IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS
S TA JDARDS
6 7 — 78
- 17
IV. VISIT TO THE ISLANIC REPUBLIC OF IRAN
79 — 230
20
V. CONCLUSIONS AND RECOMMENDATIONS . .....
231 — 253
51
Annexes
E/CN.4/1990/24
page 1
INTRODUCTION
1. By its resolution 1989/66 of 8 March 1989, the Commission on Human Rights
decided to extend the mandate of its Special Representative on the situation
of human rights and fundamental freedoms in the Islamic Republià of Iran, as
contained in its resolution 1984/54, for a further year, and requested the
Special.Representative to present an interim report to the General Assembly at
its forty—fourth session and a final report to the Commission at its
forty—sixth session. By its decision 1989/148 of 24 May 1989, the Economic
and Social Council endorsed that resolution.
2. In compliance with the above—mentioned resolution, the Special
Representative presented an interim report (A/44/620) to the General Assembly
and herewith submits his final report to the Commission.
3. As in previous years, the interim report concentrated on oral and written
communications with Government officials and on complaints concerning events
that in some way affected the human rights situation in the Islamic Republic
of Iran and concluded with general observations. It was stated in the report
that the final report would consider the points of view contained in the
letters dated 26June and 12 September 1989 (A/44/620, paras. 9 and 13) and
the officialopinions that caineto the Special Representative's attention. It
was also indicated that, as in previous years, the interim report had been
planned and written as the first part of the final report, owing to the
relatively short interval between the preparation of the two reports
(A/44/620., para. 6).
--4 . . This final .report .refers to--the matters mentioued in..the. in-terim.report,
updates -the events- that in some w-ay affected the human rights situation-
the Islamic Republic of Iran, using the information that the Special
Representative has continued to receive from October 1989 to January 1990, and
adds a completely new chapter on the visit which the Special Representative.
made to the Islamic Republic of Iran from 21 to 28 January 1990 atthe
invitation of the Iranian Government.
5. Following the established pattern, this final report is divided into the
following chapters: Introduction; I. Contacts and communications with the
Government-of the Islamic Republic of Iran; II. Information received by the
Special Representative; III. Consideration Of official opinions relating to
the implementation of international human rights standards; IV. Visit to the
Islamic Republic of Iran; and V. Conclusions and Recommendations. As in
previous reports, various annexes are attached containing information on
events and complaints referred to in the main body of the report. The lists
received have been extremely long and, at times, due to the different sources,
have repeated the same information and it has been necessary to prepare
consolidated lists, particularly with regard to persons executed. The lists
that have contained only names or numbers of executions, with no mention of
other details, have not been included. It has not been possible to include
the lists of names of political prisoners, f or doing so would have doubled the
number of pages of this document. The correspondence and documents received
are so numerous and so voluminous that it has only been possible to give a
( brief indication of their contents. All are available in the Centre for Human
Rights to members who wish to consult them.
E/CN.411990124
page 2
I. CONTACTS AND COMMUNICATIONS WITH THE GOVERNMENT
OF THE ISLANIC REPUBLIC OF IRAN
A. Personal contacts with.Iranian representatives
6. On 16 November 1989, the Special Representative had a long talk in
New York with the Permanent Representative of the Islamic Republic of Iran to
the United Nations, Ambassador KamalKharrazi, who was accompanied by members
of the Permanent Mission. In this as in the following conversations with
Iranian officials, the Chief of the Special Procedures Section of the Centre
for Human Rights accompanied the Special Representative.
7. On 16 November, the Permanent Representative requested the .Special
Representative to include in the presentation of his interim report to the
Third Committee of the General Assembly the statements by the Government
reproduced below; the Special Representative granted that request. The
statements read:
“1. No political motivation has been involved in the trial and
conviction of any drug trafficker;
2.. The charge that the execution of drug traffickers has been used. as a
pretext for political executions is totally false and all persons
convicted for drug trafficking have been solely and exclusively ordinary
criminals;
3. The amnesty granted in early 1989 to some 2,500 prisoners was a
.......... ..genuine. measure of. .. .cLernency. and all.. re4 to their
homeS.” ... ..
8. The same conversation dealt with the disagreement of the Government of
the Islamic Republic of Iran with certain parts of the interim report. The
Special Representative also repeated his recommendations for improvements in
the human rights situation in the country, in accordance with previous reports
and with the 1989 interim report. The Permanent Representative of the Islamic
Republic of Iran indicated his Government's willingness to proceed in
accordance with paragraph 125 of the interim report, which ref ers to full
co—operation with the Special Representative, including a visit., to the.
country, and the possibility of resuming a dialogue with the countries
sponsoring the General Assembly resolution on this item for the purpo.se of.
obtaining a consensus resolution.
9. Both the 16 November talk and the extensive conversations of 21.and
22 November, dealt with the texts of notes that the Permanent Representative
and the Special Representative might exchange in order to pave the way for a
possible consensus resolution. After considering several possibilities and
discussing every word, they arrived at the texts reproduced in paragraphs 11
to 13 of this report.
10. In order to agree on the details of the visit to the country, the
Special Representative sent two letters to the Permanent Representative of
the Islamic Republic of Iran to the United Nations O Ef ice at Geneva,
Ambassador Sirous Nasseri. On 16 January, the Special Representative received
oral confirmation from Ambassador Nasseri that the dates 21 to 28 January were
acceptable to his Government During that conversation, they also discussed
E/CN. '4/1990/24
page 3
procedural details based on the terms of reference for the visit transmitted
to the Government on 24 November 1988 (see paras. 11 and 12) and the initial
list of interviews included in the Special Representative's letter dated
8 January 1990. Ambassador Nasseri said that his Government would co—operate
fully so that the visit would take place and yield positive results.
B. Written commuziicationswith the Government of
the Islamic Republic of Iran
11. On 24 November 1989, the Special Representative sent the following letter
to the Permanent Representative of the .Islamic Republic of Iran:
“I should like to refer to the conversations we had on 16, 21 and
22 November 1989..
Let me express my appreciation for the constructive spirit which
characterized our exchange of views. I have taken note with great
- interest of your observations regarding my interim report to the
General Assembly and, in particular, of the information you conveyed to
me that your Government is considering to extend an invitation to me to
visit the Islamic Republic. of. Iran. As I have repeatedly stated on
previous occasions, .1 feel that such a visit would. be very useful as it
would enable me to ,obtain first—hand information, on the human rights
situation in your country and to repor,t to the Commission on Human Rights
at its forty—sixth session in a more comprehensive way.
If your Government were to extend suchan, invitation, my visit would
. ‘ hav q $ conducted in the framework stablished practice
:. observed ur.ing many similar. United Nations ..missions in the field - .of'
human. rights in the past. In this connection, I am attaching the
standard, terms for reference for such missions as prepared by the Centre
for Human Rights.
The. Centre for Human Rights would.provide you with a tentative
programme ‘well in advance of the visit in order to enable your
authorities to make the necessary arrangements and to complete them as
maybe considered convenient.”
12. The terms of reference for ‘Lhe visit, described in the annex to the
letter, were as follows:
“During fact—finding missions, Special Rapporteurs or
- Representantives of:the Commission on Human Rights, as well as
United Nations staff accompanying them, should be given the following
guarantees and facilities by the Government who invited them to,visit
its country:
(1) Freedom of movement in the whole country, including
facilitation of transport, in particular to restricted areas.
(2) Freedom of inquiry, in particular as regards: (a) access to
j all prisons, detention centres and places of interrogation; (b) contacts
with central and local authorities of all branches of the. Government;
(c) contacts with representatives of non—goverámental organizations,
E/CN.4/1990/24
page 4
other private institutions and the media; (d) contacts with witnesses and
other private persons considered necessary in the fulfilment of the
mandate; (e) full access to all documentary material relevant to the
mandate. -
(3) Assurances by the Government that no persons, official or
private, who have been in contact with the Special Rapporteur/
Representative in relation to his mandate, would, for this reason, suffer
threats, harassment or punishment or be subjected to judicial proceedings.
(4) Appropriate security arrangements, without, however,
restricting the freedom of movement and inquiry referred to above.
(5) Before, during and after the visit, the Special .Rapporteur/
Representative will be assisted by the appropriate United Nations staff,
who must be given the same guarantees and facilities as mentioned above.”
13. The Permanent Representative's reply, dated the same day, was as.foilows:
“I have the honour to acknowledge the receipt of your letterand its
enclosure dated 24 November 1989, and would like to extend to
Your Excellency the invitation of my Government to visit the Islamic
Republic of Iran so as to enable you to present your report to the 46th
session of the Conmiission on Human Rights based on realities rather than
allegations.
My Government will extend to you its full co—operation. I also wish
. - . . ... . --...to- . inform_.that..the-judicial. autho it.ies .of. the...Islamic .RepubU ..o , ra
prepared to provide tbe ecessary backgro d on Isla ±c- -
jurisprudence and the legal procedures of the Islamic Republic of Iran to
familiarize you with the overall system. . •. :
The exact time and procedure of your visit to the Islamic Republic
of Iran will be finalized in consultation with you and appropriate
members of the Secretariat.”
14. On 22 December 1989, the Special Representative sent the following note
to the Permanent Representative of the Islamic Republic of Iran to the
United Nations Office at Geneva:
“I have the honour to refer to the invitation which your Government,
by letter from its Permanent Representative to the United Nations dated
24 November 198.9, extended to me to visit the Islamic Republic of Iran so
as to enable me to present a report to the Commission on Human Rights at
its forty—sixth session. .. . .
In expressing my sincere appreciation for your Government's
invitation, I should like to propose that my visit take place from 16 to
25 January 1990. I would be grateful if you could advise me whether the
suggested dates are convenient for your Government. Upon confirmation of
the dates, I shall provide you with a list of the United Nations staff
which will accompany me on my visit, together with a list of requested
appointments with Iranian officials, as well as of places which I would
like to visit during my stay in the Islamic Republic of Iran “
E/CN.Li/1990/24
page5
15. As the Special Representative was informed by the Permanent
Representative that some of the officials the Special Representative wished to
interview would not be in Tehran on the days mentioned in. the letter above,
new dates were proposed in another communication dated 8 January 1990, which
reads as followE:
“Upon arrival at Geneva for consultations relating to my mandate at
the Centre for Human Rights, I have learned that the dates 16 to
25 January:which I proposed for my visit to the Islamic Republic -of Iran
do not-appear to be convenient to your Government. In this connection, I
wish to stress that, in order to enable me to report in time to the
forty—sixth session of the Commission on Human Rights, as envisaged in
the exchange of letters with Ambassador Kharrazi, my visit would have to
take place in January. I therefore propose that the visit commence at
the latest on;Saturday, 20 January 1990, for a duration of 8 or
10 working- days.
I would further be grateful if you could coñimunicate to the -
competent authorities the attached initial list of appointments and
visits -which I have prepared at the request addressed to me by you and
your colleagues in New York. I shall not fail to inform you of my
additional meetings or visits which in the light of my current series of
consultations I might consider necessary or useful. It would be
appreciated if the appointments with members of the Government -and -
off icials could be scheduled for the morning so as to leave time in the - -
afternoon for my meetings with private persons outside the official
programme as well as for any other arrangements or visits which I might-
questin the co sE. of th Yist. ; --•-- —---•—-—•—.•--
I also wish to mention that, in accordance with usual practice, the
arrangements for my visit concerning hotel bookings, provision of
transport facilities and the organization of my meetings outside the
official programme will be- taken care of by the Resident Representantive
of UNDP in Tehran. - The expenses for these arrangements will of course be-
borne:by the United Nations. - -
- I am looking forward to receiving at your earliest convenience a
confirmation of the dates for my visit and shall send you in turn the
list, of the staff- of the Secretariat of the United Nations who will - -
acompany me.” - - -
16. On 2-8 January 1990, -the Special Representative sent the following letter
to the Minister for Foreign Affairs, Mr. Ali Akbar-Velayati: -
“Upon the completion of my visit to the Islamic Republic of Iran, I
should like to express again my sincere gratitude for the invitation your
Government extended to me in t-he framework of Commission -on Human Rights - -
resolutions 1984/54 ,and 1989/66 and for the arrangements made during my'
stay in your country. -
The meetings your Ministry kindly arranged for me with many
distinguished representatives of the executive, judicial and legislative
branches of your Government have been most useful and have given me an
invaluable insight into the Islamic principles by which your country's
E/CN.4/1990124
page 6
legal system is inspired. The information I could gather( in the meetings
as well as in the many other contacts and conversations I'had during my
visit will greatly assist me in preparing my report to the forthcoming
session of the Commission on Human Rights.
I have had occasion during my visit to express my deep concern over
the continuing high number of death sentences pronounced in particular by
the Islamic Revolution Courts and should like to appeal to your
Government to consider granting clemency to as many convicted persons as
possible; and in cases in which death sentences cannot be commuted to
make sure that all safeguards stipulated in the International Covenant on
Civil and PoliticaLRights, particularly in its article 14, have been
fully respected in the preceding trials.
Permit me finally to request your kind intervention with the
competent authorities in the case of Eng. Amir Entezain, presently
detained at Evin prison, whose critical health situation urgently
requires adequate medical treatment.”
II. INFORNATION RECEIVED BY THE SPECIAL REPRESENTATIVE
A.. Oral information
17. Between 8 and 19 January 1989, the Special Representative heard further
witnesses in connection with the human rights situation in the Islamic
Republic of Iran; some of them ref erred to developments that differed from
those recorded in the statements which were heard on 10, 12, 13 and
17 July 1989 and were described in detail—in- the interim report (A/44/620,
paras. 17—57). . - -
1. Substitute imprisonment
18. On 9 January, the Special Representative heard testimony by persons who
requested that their identity should not be revealed for reasons of personal
safety. The first witness stated that she had been held for eight years in
Evin prison and accused of conspiring with her husband and her brother, who
belonged to the People's Mojahedin Organization. Her husband, brother and
bràther—in—law were executed in 1983. After she had been in prison for
three years, she underwent a. trial which.lasted about three minutes. As she
had been pregnant at the time of her arrest, she was allowed to give birth to
her daughter outside the prison, but after the birth she was taken back to
prison with her baby. Because her health was poor, particularly her mental
health, she was sent to a mountain area, from which she was able to escape..
Two groups tried to cross the border, but since she was still not well, her
daughter was entrustedto a person in the second group. The members of her
group managed to cross the border, but the persons in the other group were
captured and her daughter. was with them. Since she had fled, her daughter
stayed in Evin prison and is still there. She is now eight years old and is
in section 7, cell No. 204.
19. A former Iranian. journalist stated that he had been held in Evin and
Ghezel—Hessar prisons from 1982 to 1985 on charges of co—operating with the
Western press. His sister was arrested and executed in 1982 for her-links
F
E/CN.4/I99O/24
page7
with the People's Mojahedin, but he was and continues to be independent.
After a five—minute trial, he was sentenced to eight years' imprisonment. As
he managed to flee the country, his father was taken hostage and is still in
section 6 of Evin prison without having been brought to trial.
2. Execution of persons serving prison sentences
20. One witness reported that her husband, a psychiatrist by profession, had
been arrested in 1981 and shortly afterwards sentenced to several years'
imprisonment; but she managed to get out of the country. During the time her
husband was in prison, the relatives had to pay 20,000 rials a month to cover
his personal expenses. The relatives were able to visit him once a month for
a few minutes at a time. In July 1988, the visits were suspended and, at the
end of that year, the relatives were informed of his exeàution.
21. Another witness stated that her husband had been arrested in 1983 and,
although it could not be proved that he had been involved in activities
prejudicial to State security, he was sentenced. to 15 years' imprisonment for
hisleftist political views. He was later sentenced to death. When he and
other prisoners were being taken to the gallows, a guard told him to say a
prayer and he said that he did not know any. The guards decided that he waè
not worth the bullets they would have to use to shoot him and took him back to
the prison to torture him, with the result that he had to be taken to the
hospital, from which he was able to escape. According to this witness, living
conditions in Evin have improved in the past few weeks. There were only four'
prisoners to a cell, there was a small kitchen where the prisoners could cook
and a store had been opened.
22 '. ” Afibtherwitriessreportedirtcta tions similar tb those ref r'?êd to 'ábove
Her husband was arrested and sentenéed to a prison term; years later, in 1988,
her 12—year—old brother—in--law was notified, by means of a telephone call from
a person who identified himself as an official from Evin prison, that the
prisoner had been executed.
3. Trials by Islamic Revolution Courts
23. The witness MohamiBad Reza described his experience before a revolutionary
court and in prison while he was being interrogated and later while he was
serving a life sentence. Fifteen members of his family were executed but ‘he
managed to escape while being transferred from Evin to another detention
centre. He said that the revolutionary courts are divided into 13 sections,
each with its own prosecutor. The sections specialize in specific charges and
off ences; some deal with the Mojahedin, others with communists and leftists in
general, and still others with religious offences, including dissent from
Islam. According to the witness, sections 6 and 7 are particularly f eared
because the sentence they invariably pronounce is death. The witness also
stated that drugs were used during interrogations and that he knew this ‘ .•
because a cousin of his was interrogated while under the influence of a gas'.
4. Sentencing of a group of women to death
24. The Special Representative received information that 13 women prisoners
had been sentenced to death and might be executed within the next few days or
weeks. A committee set up to defend them was represented by three persons,
who stated that any prisoners who might be released could be given asylum in
E/CN.4/1990/24
page 8
Berlin, according to a letter signed by the mayor of that city. The Ministry
of the Interior of the Federal Republic of Germany had reportedly also stated
that it was prepared to grant them asylum. With the consent of their
families, the names of eight of the women sentenced to death are given below:
Zohreh Gaheni, Soraya Kiani, Dr. Mitra Ameli, Fatemeh Houssenzadeh—Tussi
Maghadam, Fatemeh Izadi, Nahid Bourudiahi, Gutti Azarang and Malakeh Mohammed.
5. Reciuèst for information on a missing person
6. Testimonies conce ing terrorism
25. Mr. Claude Esbert, a French national, appeared before the
Special Representative.on 8 January to describe the case of his daughter,
Annie, a French nurse, and to request assistance in obtaining information on.
her whereabouts Her husband, an Iranian citizen, joined the forces which
invaded the Islamic Republic of Iran in July 1988. As far as Mr. Esbert has
been able to find out, his daughter joined a group of Iranian civilian nurses
as a volunteer and accompanied the July 1988 insurgent expedition. The
ambulance in which she was travelling was immobilized by artillery fire in, the
Islamabad—Garb—Kermanshah region An Iranian newspaper reported that a French
nurse had been wounded and arrested. Mr. Esbert has requested assistance from
the Red Cross and the French Government but has been unable to obtain definite
information about what happened to his daughter. He has also been in contact
with the Iranian Embassy in Paris, where he was told that what might have
happened is that his daughter died during an air raid. He wants to be told
whether his daughter is alive or dead and, if she is dead, where she is
buried. . .
26 The Society for- the Protection of Victims of Terrorism, d scribed as a
non—governmental organization with headquarters in the Islamic Republic of
Iran, was represented by Mr Saide Henati, who said that three of the persons
accompanying him were members of the organization but were all ordinary
citizens, without any official responsibility or public office, and were
travelling on their own account, with some assistance from the organization.
27. Mr. Henati stated that three of the persons accompanying him were former
members of the Mojahedin and therefore knew the methods of operation and plans
of that organization, which he said was of a terrorist nature. The former
members of the Mojahedin had reflected, repented and been forgiven, and were
peacefully reintegrated within Iranian society. Mr. Henati also made
available several letters from victims of terrorism who had been unable to
travel to Geneva.
28. The seven witnesses whose statements are summarized below requested that.
their names should nat b revealed. The first witness stated that he had
joined the Mojahedin in the year 1357 (.1.979) and continued to belong to the
organization until 1361 (1983). He had found the organization's pràgramme and
publications very attractive, but after a year and a half he had begun to
realize that the actual situation did not correspond to the programme and
publications that had won him over and aroused his enthusiasm. His conscience
had begun to bother him because he had committed reprehensible acts. He
referred to the operation which he had led against an engine driver who was a
Hezbollah (partisan of God) and in which the menhe was leading had also
E/CN.4/i99O/±L -
page9
killed the wife and son of the main victim. The instructions he had received
required him to ask for the identity card of any person suspected of being a
Hezbollah and, if such a person showed a Hezbollah card or even showed no áard
at all, he was to be executed on the spot.
29. The second witness also stated that he had belonged to the Mojahedin
organization, but had changed his way of thinking and was now working to help'
the victims of terrorism. He had been responsible for supplying weapons and
ammunition for armed groups and had risen to an impOrtant position in the
organization. One of his responsibilities had been to give instruction to the
young people joining these groups. They were given cyanide tablets so that,
in the event of arrest, they could avoid torture and also keep the secrets
they knew. In order to keep secrets, there was a man in one safe house who
was supposed to kill his companions if the police arrived. He was finally
arrested, tried and sentenced to imprisonment; when he was released, he was
invited to join the Society for the Protection of Victims of Terrorism, to
which he now belongs and whose work he regards as an important means of
preventing other young people from following the wrong path.
30. The third witness said that he had been in prison for seven years as a : -
political prisoner. He joined the Mojahedin when he was a student, before the
Revolution. Although he tended to be in favour of political struggle, he
gradually came tà support armed struggle. He gave himself totally to the
Mojahedin organization, moved up in the ranks, and carried out and gave orders
without taking time to reflect on what he was doing. Since he had made a full
confession at the time of his arrest, he was not given a lengthy sentence. He
was released after three years, continued working with the same organization,
and had contacts in France, Iraq and Germany. Hewasarresteda second time
and. once again was told.• of •an sc-ape plan, •in order..-to .----
safeguard the information he possessed, but the plan was a trap because he was
supposed to die as he was leaving his prison. When he realized this, he
decided to make a complete break with the Mojahedin.
31. The fourth witness had not been a member of any organization. He
described himself as a very religious man who had been attacked by terrorists
in the street. He showed a piece of paper stained with his blood. According
to his statement, some Mojahedin had tried to take his motorcycle away from
him, but he -put up a fight. Since the motorcycle did not have much petrol
left, the attackers came to a stop not far away; he took advantage of the
opportunity to run and try to get his vehicle back. At that point, the
attackers tried to steal another motorcycle. He asked them why they were
acting in that way, a fight broke out and they fired a shot that hit him in
the leg. Some persons helped him and stopped his attackers. One of them.
swallowed a cyanide tablet. He submitted a.copy of the confession by the
attacker who had been captured.
32. The three other persons were young women who had lost their husbands or
close relatives as a result of violence. To give evidence of the suffering of
private citizens, they had accepte.d the invitation of the Society for -the
Protection of Victims of Terrorism. The first woman said that. her father and
brother had been killed by the Mojahedin Khalq. Her father had been a hard
worker and her brother a secondary—school student. Her father had been
working in his shop when the Mojahedin came to kill him; her brother tried to
help him, but he was also killed. Her father and her brother .had not been
political activitists, but had simply been supporters of the Islamic
Government.
E/CN.4/1990/24
page 10
33. Another witness was a widow, whose husband had been killed as he was
leaving their home. He had not held any official position, but had been doing
community work; the Mojahedin therefore suspected him of working for the
Islamic Government and decided to get rid of him. She said that that
organization had claimed responsibility for 26 deaths in her neighbourhood.
The last witness in the group, another widow, said that her husband and son
had been killed in their grocery store, simply because they had been devout
Muslims and were regarded as supporters of the Islamic Government.
B. Written information
1. Information from individual sources
34. During the period between the announcement of the invitation and the
departure of the Special Representative to the Islamic Republic of Iran, some
1,500 Iranian emigres or relatives of Iranians living abroad addresse.d
communications to the Special Representative., Some 800 such..,communi.cations
were writen in Persian..and.. could not be translated due to lack of time... The
remaining 700 were written in English, French and German and the allegations
they contain can be divided into the following categories:
Alleged cases of executions 1,529
Alleged cases of torture 1,450
Alleged cases of disappearances 815
Cases with information about prisoners
and prisOn conditiotis' 102
35. Many'of those :]t c t i ètáilèd ”de 'c i 'ptión OT the imprisonment
torture and/or execution of relatives and friends. Statements made by Iranian
emigres to the media in various countries we re also brought to the attention'
of the Special Representative. By way of example., the contents of a few'
letters reporting to events and situations of a more recent date ‘are
summarized below.
(1) Akbar Mosaferi, an Iranian air force mechanic', stated in Istanbul,
Turkey, in August 1989 that people who had been puzzled about the
cause of ‘a foul stench Over a piece of land near Islamabadin
August 1988 had dug it up and disinterred the decomposed ‘remains of
25 people who had obviously been executed. Among the dead' he had
identified Ali Ghaffari, his former schoolmate, who he knew had been
in prison for several years.
(ii) Ibrahim Boorboor stated in Amsterdam, Netherlands, on 5 June 1989
that in August 1988 30' political prisoner,s' had been transferred from
Bandar—Azali to Rasht prison in the north of the country. Thcir
relatives had been worr'ied about the transfer and had asked the
prison authorities why the prisoners had been moved. The
authorities told them that there was no cause for alarm. The
following December the relatives received the clothing and other
belongings of the prisoners, together with notification that they
had been executed.
E/CN.4/1990f24.
page 11
(iii) On 23 August 1989, Major Latif Shoostari stated in Karachi,
Pakistan, that on 11 July 1989 15 prisoners of war freed by the
National Liberation Army of Iran had been executed in Parandak
Barracks, near Tehran. He further stated that Homayoun Solati,
Sharokh Shama and Mehdi Sabeti had been falsely accused of
drug—trafficking and executed in Tehran, the first on an unknown
date, the second in April 198.9 and the third on 18 July 1989.
(iv) Mr. Hamid Assadian supplied information, in a letter, about his
wife, Farzaneh Amou'i, a former student at the School of Agriculture
in Karaj. According to this -information, Mrs. Farzarteh Amou'i was
arrested in June 1981 without a specific charge and tortured until a
month prior, to the birth of her daughter. After being released
because of the imminent birth, she was rearrested in February 1982
and subjected to appalling sanitary conditions and given totally
inadequate food. She then spent some time in the part of the prison
called “maskooni”, which means “residential unit”, where she was- -
subjected to so many different kinds of harassment that her mental
balance and physical condition were affected. She is still in
-. prison and is being held in extremely harsh conditions. Prison
• governors have told her that her imprisonment is due solely to the.
fact that she is Hamid Assadian's wife.
(v) Mr. Bahin Bahrainian, a dentist, resident in the United States, said
in a letter that he had obtained a residence permit for his
75—year—oldmother, but she had not been able to make the journey
because when she was about to board the aircraft at Mehr—Abad
- — --- rport, p sspp been confiscated. At the tim -.
told- the reason - for he - onf iscat -i n - was that--she was- a--memb -r-- - -
of the Baha'i faith. However, she stated and repeated that she is
not a member of that faith and is willing to prove it to the
authotities.-' Thus far, efforts to enable her to leave the country.
have proved fruitless. ... - .. •
(vi) Mr. Habib Abmadi, resident in the United States, sent the Special
F . Representative a letter, dated 8 December 1989, in which he informed
him that his sister Aceah had been arrested in 1981 and sentenced to
eight years' imprisonment. One day in the autumn of 1989, a member
of her family was asked by- phone to re.port to the prison, where
officials handed over her clothing and other belongings, with this
warning: “You must not talk to anybody about this” (Aceah's
execution). They also said that if anyone found out what had
happened, he would be declared, guilty and punished.
2. Information from the Iranian and international press
36. On llAugust 1989, the international press reported that 20 persons had
been executed on charges of drug—trafficking and that 1,300 persons had been
executed for that offence since January 1989. This figure has steadily
increased up to the time when this final report was completed. For example,
the international press reported the announcement by Iranian radio on
24 December 1989 that 17 members of a gang of drug—traffickers and
Weapons_smugglers, including a woman, had just been executed in. Tehran, Mashad
and Kerman.
E/CN.4/1990/24
page 12
37. The Turkish press reported that 48 asylum—seekers had been handed over to
the Iranian authorities and executed in Orumiyeh in August 1989.
38. Other publications reported. on 15 September 1989 that five political
prisoners named Mohammad Yoyunessi, Mohammad Gholi Ebrahitni, Bizhan Bigliari,
Bahram Kamezi and Mas'soud. Sabet had been executed for drug—trafficking in
Hamedan, Rasht, Kerinanshah and Shiraz. - The same source stated that those
persons had been among 79 persons executed on 19 August.
39. The press published statements by Mr. Davoud Karimi, a member of the
Islamic Revolution Committee, to the effect that 9,000 political opponents and
40,000 drug—traffickers and drug—addicts..were in prison. In May 1989, the
newspaper Kayhan (an English. language newspaper, published in Tehran) reported
that 200 members of the Peopl&s Fedayeen organization and the Tudeh Party had
been arrested. The Iranian press also reported the detention of supporters of
.Kurdish political groups, including members of the so—called Komala group, on
charges of conspiracy to commit acts of terrorism and sabotage..
40. On 31 July 1989, Kayhan reported that six. women convicted of .adultery and
f. immoral., behaviour had been stoned. to death in Bakhtaran.. The newspaper
Jomhouri Islami reported on 24 April that members of a gang involved in
immoral acts and prostitution had been hanged or stoned in Bushehr. The
stonings were carried out in the sports stadium. Kavhan reported on
13 May 1989 that a woman had been stoned to. ,death in Meishaboor stadium. On
13 January 1989., Kayhan reported that a man and a woman sentenced for adultery
had been stoned to death in Karaj.. Jomhouri Islami reported that a woman had
been stoned. to death in. .Zahan. On 20 February 1989, .the official radio
announced. that two persons had each had a hand cut off. .
41. The press published statements attributed to a senior member of the
Judiciary to the. effect that the summary.executions of political opponents had
ft produced satisfactory kesul.ts., The press also. published statements. attributed
to another prominent person holding no official functions to the effect that
the summary executions were a mistake. Other official sources denied that
there had been many executions in Iran and stated that the accusations made in
that regard were the result of the manipulation of information, by opposition
groups. . .
3. Information from foreign organizations
42. The Secretary—General, of the United Nations transmitted to the Special
Representative a copy of a letter from the Congressional Friends of Human
Rights Monitors, composed of 52 Senators .and 143 members of the United States
Congress. The letter was signed by Senators PatrickMoynihan,
David Durenberger and. James Jeffords, and Representatives Tony Hall and
Constance Morella. The latter stated that Mohammed Hossein Akbarzadeh
Youssefi, a doctor by profession and held in high esteem in'Tabriz. for the
free assistance he had given to needy persons, had been arrested and executed
in October 1988, without trial and with no specific charge or legal
assistance. Doctor Youssefi.had been arrested and released a number of times
during the years prior to his execution.
E/CN.4/1990/Z4
page 13
43. The Indian Committee for the Defence of Human Rights, a specialized
branch of the National Federation of Indian Women, sent the Special
.Representati Te a letter from New Delhi on 29 December 1989 expressing deep
concern at the possible execution of 18 women prisoners inIran. The letter
stated that those women had been sentenced to death and placed in solitary
confinement. The reporting organization did not furnish the names of the
women under sentence of death. -
4. Information provided by Iranian organizations
44. On 8 December 1989, Mr. Karenzadeh and Mr. Gadan Jalil, who stated that
they represented the Kurdistan Democratic Party, handed the Centre for Human
Rights a list of prisoners alleged to have been executed since 1988, a list of
civilians killed by members of militias and a list of Kurdish villages that
had been destroyed. The complainants further stated that 15 persons had been
arrested in November 1989 in Paveh and held in Kermanshah prison, and that
three of them had been executed because of their support-for Kurdish autonomy
movements. . - -
45. On 8 January 1990, Mr. Karimadeh Abdolrahman, spokesman for the Kurdistan
Democratic Party, handed the Special Representative a listof 95 persons
alleged to have been executed in prisons in Kurdistan in 1988, and stated that
he was absolutely sure of the veracity of that information. He also gave the
names of 11 civilians, one of them a student and the remainder peasants, who
had been killed by members of the armed forces. Those lists repeated many of
the names given in the lists mentioned in the previous paragraph. He also
handed over a list of 136 Kurdish villages allegedly destroyed since 1980. He
stated that hundreds of Kürds had been executed since the 1988 cease—fire in
Kermanshah , Saqqez, Mahabad and 0rumiyeh T
46. On 8 January 1990, the Special Representative received . -.
Mr. Mehdi Fatapour, a member of the Political Bureau of the People's Fedayeen
Organization. Mr. Fatapour stated that political prisoners continued to be
executed as drug traffickers and, in -that connection, mentioned the case of
Dr. Mansour. At the beginning of the year three persons accused of being
homosexuals had been beheaded. He also submitted a list of 80 women who were
still being kept in prison, even though they had served their sentences.
47. On 10 January 1990, the Special Representative received
Mr. Madavi Hossein, Secretary—General of the People's Mojahedin Organization,
and Mr. Kasem Rajavi, representative of the National Council of the Resistance
in Switzerland, who gave him eight documents concerning the situation in
Iran. Their contents are described below: (a) list of political prisoners
executed as drug—traffickers; (b) political prisoners buried in secret common
graves; Cc) names and addresses of 410 relatives of persons who had been -
executed; Cd) list of 643 prisons; (e) names and details of 4,725 political-
prisoners; (f) list of 1,786 persons accused of being torturers; (g) copies of
official statements on human rights; and (h) copies of reports in the -
international press on human rights in Iran. They said that- 25O peop1e had -
worked for two months on the preparation of the eight documents. On -
17 January, Mr. Madavi Hossein and Mr. Kasem Rajavi submitted further
documents, together with letters and cases of persons- whose fundamental rights
had been infringed. - -
E/CN.4/1990/24
page 14
48. On 15 January, the Special Representative was visited by two
representatives of the Independent Committee of Iranian Lawyers in Exile, who
spoke about the situation of lawyers. They stated that a number of lawyers
had been executed, and described the events that had led to the dissolution of
the old Tehran Bar Association and the arrest of its President. They referred
to the executions of Massoudi Manouchehr,. a legal adviser, and of Mr. Khaksar,
who had acted as defence counsel for a n.umber'of Mojahedin in revolutionary
tribunals. Lawyers who had tried to act as defence counsel for political
offenders were persecuted and forced to hide or leave the country. In 1981
and 1982 a number of lawyers had still been able to act as defence counsel in
political trials, but their services had soon been dispensed with and since
then political trials had taken place without independent legal aid for the
defendants.
49. On 15 January, representatives of the Kurdistan Democratic Party, the
People's Democratic Party of Iran and the People's Fedayeen Organization
referred to the situation in Iranian gaols They promised to send a list of
14,000 executed political prisoners, and provided the names nd detailsôf
many people still in prison. They also handed- over a copy of the report of a
mission by the International Federation of Human Rights to Kurdistan, and a
list of villages which they said had been destroyed over a period of lQ years
by regular or irregular Iranian armed forces. In each village in Kurdistan;
there were notices listing the names of inhabitants who had been executed; the
purpose of the notices was to intimidate the population.
5. Official information on terrorism
50. The Government of the Islamic Republic of Iran has submitted to the
Special Representative a-58—page document- containing 170 excerpts from the
newspaper Mojahed , pübIi hed by the People's Mojahédin Organizátion, dated -
between 9 November 1983 and 21 January 1985. In these excerpts the
organization acknowledged that it had conducted propaganda campaigns, and
engaged in military activities and attacks against private individuals in
Tehran, Isfahan and other cities, against private vehicles and against
premises where supporters of the régime normally met The document contains
the names of 38 victims of these acts (annex II) The section entitled “Brief
reports” contains information concerning attacks on al1eged spies and
torturers. - -
51. The Permanent Mission of the Islamic Republic of Iranto the
United Nations Office at Geneva has sent the Special Representative a number
of leaflets relating to terrorist attacks attributed to that organization.
The leaflet entitled “Reality” describes eight attacks for which
responsibility was claimed by the organization The purpose of this leaflet
is to demonstrate that the victims were not spies, mercenaries or torturers,
but peaceable private individuals who were simply supporters of the régime.
The leaflet entitled “Political activities ...“ reproduces the statements of
former activists who claimedresponsibility for armed actions, sorneof which
were suicidal in nature, against revolutionary guards and against the Pars
News Agency.
52. The publication entitled “Observations on the trend in blind terrorism in
Iran” recapitulates incidents for which responsibility was claimed by the
above—mentioned organization. “Documentary proof of terrorism” reproduces
pages of publications by the People's Mojahedin which acknowledged
E/CN.41 1990/24
page 15
responsibility for attacks against military and civilian targets. A further
three publications contained reports on incidents, names, dates and results of
actions against public transport and public buildings, and against persons
holding public office and private citizens without official responsibility.
6. Siti.j,ation of the Baha'is
53. The Special Representative has been informed of the situation of the
H Baha'i as follows: The improvement in the situation of members of the Baha'i
faith continued between October 1989 and January 1990. Since two Baha'is were
executed in December 1988, there has been no report of any' further
executions In May 1989, 14 Baha'is were in prison and since then 9 have been
arrested and 10 released; the number of prisoners at the end of 1989 was
H accordingly 13.'
H 54. Most Baha'is continue to be deprived of their pensions, but those who
H retired before the Revolution and are over 60 years of age will be able to
H draw their pensions if they paid their social—security contributions for.
10 years; if they have not paid the f ill. contributions for the 10—year period,
they will be able to make up the balance and r ceive benefits. But those who
have retired or ‘lost their jobs during the past 10 years will not be able to
receive their pensiOns.
55. Since November 1989, a number of commercial licences have been renewed,
and shops managed or owned by Baha'is have reopened. The Ministry of Commerce
has authorized the reopening of a number of shops in Abadih and Burujan, but
they are still closed because of threats by extremist elements. It should
also be noted that the Baha'is are able to obtain ration cards, which had been
withheld from them for a long time. — -
56. The Baha'is are still experiencing problems in connection with the right
of inheritance They are being refused inheritance certificates which, under
Iranian law, are necessary in' order to obtain possession of the assets of the
person concerned. Consequently, they are unable to legalize possession of
H inherited assets. The situation of the confiscated farms remains uncertain,
but they have been allowed to bring legal proceedings in a number of courts.
57. In addition, they are being refused passports and consequently are
compelled to remain in Iran even though they would like to travel abroad to
join their families or receive medical treatment.
58. Since 1988, the Baha'is have been admitted to primary and secondary
schools, without exception, but they are systematically being refused
admission to universities.
59. The Baha'is are unable to meet as members of their faith. They are not
allowed to use the premises to which they formerly had access in order to
practise their faith and are not allowed to enter all offices owned by them
60. As part of the improvement in their situation, it should be noted that,
as stated in the interim report, they are now allowed to bury their dead in'
their own cemeteries. Nevertheless, they are experiencing difficulties in
this connection at Qazvin, Hamadan, Rasht, Chalus, Nawshahr, Babulsar, Babul
andSari.
E/cN.4/ 199012 4
page 16
61. The Special Representative has received photocopies of official documents
containing decisions by the competent authorities in cases relating to
Baha'is. These documents are listed below:
(a) Notification dated 12 March 1989 by the Islamic Revolution Court of
Gunabad to a Baha'i of the verdict handed down in his absence, by which he was
sentenced to one year's impris nment. formembership in .the Baha'i
organization;
(b) Letter from the Executive Committee for Investigation, Ministry of
Culture, stating that a student who had been prevented from continuing his
studies because of his relationship with the Baha'i sect could send a
declaration renouncing his affiliation with that sect, in order that it might
be widely published and subsequently investigated and submitted for a
decision; failing submission of such a declaration, he would be treated in
accor4ance with the.,datain the registers concerning, him;
Cc) Letter from the Department of Commerce, dated 17 April 1987,
informing an applicant that his turn for the installation of a telephone had
come, but, because he was a member of the Baha'i faith, it would not be
installed, and
(d) Note from the Ministry of Justice stating that certification of the
status of heirs is granted only to persons who, members of,.the.fpur
officially recognized religions and that the heirs of Baha'is are not entitled
to receive such certification
62 Information received more recently indicated that three prisoners had
been released in Karaj, one iii Isfa fand On in Khuy, with the- result that
the number of imprisoned Baha'is has declined to eight. InAbádih,the
Baha'is received from the Government. 40,000.. square metres of land for use as a
cemetery, and the first bodies have been buried on that site The situation
in Marvast has returned to normal since 16 workers have recovered their
jobs, 5 have obtained a work permit and all the shops have reopened after
being closed for six years In Tabriz, all Baha'i shopkeepers and workers
have obtained the necessary permits The judicial authorities in Qazvin have
ordered land to be returned to the Baha'is In Bandar Turkamen, arrangements
have been made to reconnect all telephones belonging to, Baha' is. In Hamadan,
the local authorities have allowed four girls who had been expelled from art
school to resume their studies And the Baha'is who had been banished to
Jahrum have received permission to return to Kiram, their normal place of
residence. .
7. Clemency measures
63. The Special Representative receive.d reports.of clemency measures ordered
by the Government of the Islamic Republic of Iran after the interim report had
been completed, but informed the Third Committee of the General Assembly of
those measures in his oral statement on 20 November 1989. It is to be hoped
that the Government. of the Islamic Republic of Iran will order further
clemency measures benefiting political prisoners and ordinary prisoners,
including drug traffickers who show signs of reform The Special
Representative has expressed great satisfaction at this humanitarian policy,
which first manifested itself in the amnesty of early 1988 benefiting about
2,500 detainees The policy has recently continued with pardons and the
commuting of sentences
• •
E/CN.4/1990/24
page 17
64 In this connection, it should be mentioned that, on 18 October 1989, the
permanent Representative of the Islamic Republic of Iran to the United Nations
addressed a letter to the Secretary—General of the United Nations which was
circulated as an official document of the General Assembly (A/C.3/44/S)
stating that the Government had issued a decree granting pardons to, or
considerably reducing the sentences of, persons who had been convicted of a
number of offences. That decree did not concern persons sentenced for drug
trafficking or rape. -
65. In addition, the Special Representative received from the Permanent
Mission of the Islamic Republic of Iran to the United Nations a document
stating that 572 prisoners at Karadj, Qom and Zahedan had had their sentences
commuted. According to the Permanent Mission, this figure was indicative of
the large number of prisoners who had been granted a pardon or had their
sentences commuted in many other Iranian cities; however, overall figures were
not yet available.
66. The Permanent Mission further stated that all persons sentenced to one
year's imprisonment were amnestied. Prisoners áentenced to terms of 5, 10 or
15 years had their sentences reduced by one third, one fourth and one fifth,
respectively. Sentences of over 15 years were reduced to 10 years, and life
imprisonment was commuted to 15 years' imprisonment.. : . .
- III. CONSIDERATION.OF OPINIONS OF THE IRANIAN GOVERNMENT
67. Between the date of renewal of the mandate in March 1989 and completion
of the interim report in October 1989, the Iranian Government expressed
important opinions on the enjoyment of human rights and compliance with the
international human rights E a.sions in force Th&complète texts oUthe
relevant statements were included in the interim report (A1441620,
paras. 8—l4) and the Special Representative's comments will thus refer to that
report, without reproducing the texts in full. -.
68. The Iranian note of 26 June 1989 (A/44/620, para. 8) referred first to
the Special Representative' s visit, a matter which was concluded through
resolution 44/163 adopted by consensus by the General Assembly at its
forty—fourth session. Other matters about which differences of view have
emerged between the Government and the Special Representative are commented on
below. . •
69. In the above—mentioned note, it was stated: “Definitely, the Islamic
Republic of Iran cannot, and will not, hold itself committed to answering
allegations orginating from certain terrorist groups and war—time traitors.”
It added that it would, be able to answer “After the terrorists have been
excluded as the source of information from the fact—finding and .
information—gathering system of the Commission on Human Rights.” Expressing
its desire to co—operate with the Special Representative, the Government
stated that 140 of the names listed as executed political activists in an
annex to the final 1988 report were fictitious since they did not appear -in
any official register. .
70. The Special Representative wishes to point out that the Iranian
Government has on a number of occasions promised to reply in detail to all the
allegations communicated to it during the years of his mandate, since 1984,
and announced that the replies were under preparation. In the Commission on
E/CN.4/1990/2 4
page 18
I—..
I.
1 '.
Human Rights, the most recent promise to this effect was made on .6 March
when the representative of Iran stated: “The written response of my
Government to the annex of the report E/CN.4/1989/26 is under way and as
this moment I can give you, Mr. Chairman and the distinguished audience,
a brief report on that.” He then referred to the 140 names that did not
appear in any official register.
71. In previous reports, the SpecialRepresentative examined arguments
similar to that contained in the note of 26 June and made it clear that a
distinction must be drawn between organizations that promote -the submission of
written reports and testimony, and persons who state that their fundamental
rights have been infringed. Moreover no allegation can; or should be excluded
prima facie without consideration and examination. The main point is that:the
investigation relates to the rights of individuals; individuals are personally
responsible for their words and deeds; they may or may not belong to the
organization that takes it upon itself to publicize their testimony.. The
allegations relate to supposed infringements of the rights of private
individuals, and theorganizations which operate insomecases —and not
constantly and systematically — as vehicles, for the submission of data are
ex luded from the relevant procedure. it should further be recalled that the
sources of information vary and no organization has, a monopoly on the
transmission of information. .
72. It is' regrettable that the Iranian Government: should have expressed
reservations concerning the answers required in order to continue the
investigation with full .knowledge of the -facts. However, it is to be hoped
that it will return, to the previous position and fulfil its promises, since
the answers form an integral, and essential part of the full co—operation that
was embodied in the consensus resoliition.adópted by the Gene al Assembly
73. The Iranian note went on to refer to the recommendation relating to
conformity of the prison system with international standards and to the
inadmissibility of subjecting detainees to unjustified or unnecessary
harshness. ,The Iranian Government stated that it feels morally obliged,.to
observe humanitarian. :considerations vis.—à—vis prisoners and toavoid ill
treatment, and that--to this end it has made substantial efforts to ensure the
rehabilitation of detainees, and the development of their personality. This
is ,. precisely, .the standard of treatment of prisoners that is set in •the
various international instruments and whose correct implementation the
Commission on Human Rights and the General Assembly wish to verify. On this
basis of agreement, the competent organs of the United Nations have, been
requesting the Government of Iran to take into account the reports on torture
and ill—treatment that have been transmitted to it, and to use them to
supervise the correct functioning of the prison system, and consequently for'
investigation of the conduct of subordinates and to ascertain responsibilities
as may be appropriate, and to take such compensatory action as may be due to
persons who have suffered injury in breach of prison policy.
74. In the same note, the Government of Iran categorically denied that
prisoners were tortured. It stated that they were treated in conformity with
the Ta'zirat and the standards of Islamic law which have been the subject of
consensus and implemented in other Islamic countries. These punishments must
be assessed in conformity with international law, since the criteria demanded
by the international community are in some cases at variance with very strict
1989,
of
just
E/CN.41 1990 1 24
page 19
interpretations of Islamic law, and international obligations are discharged
only through compliance with the standards which the international community
has established with the consent of all States Members of the United Nations.
75. Certainly, some senior members of the Iranian Government have, albeit
occasionally, stated that their country complies with Islamic law and that
they do not consider themselves obliged to try to conform to international
law. On 20 October 1989, a senior off iciäl, speaking. on Radio Tehran,
stated “Every day, the human rights organizations and associations accuse
Iran of human rights violations on the basis of unfounded charges; they must
understand that we follow Islamic law “ On this point there is a fundamental
divergence because the international system for the protection of human rights
does not permit any exception based on internal legal systems, it is for each
State to conform to international law Neither the Constitution nor national
law in general may constitute a valid exception or grounds f or exemption from
enforcement of international law. For a long time now, it has been well
established in international theory and practice that the law of a particular
• country cannot function as a ground for excusing or justifying failure to
enforce international law..
76. In Iran, very different views about human rights and the administration
of justice have been expressed, and indeed by prominent persons competent in
Islamic law On 13 February 1989, for example, the London newspaper Ih
Independent published statements made by a prominent Iranian in an open
letter “It appears that in most cases those executed had been serving short
prison sentences for minor political of fences.” He declared his opposition to
such sentences and said he was sure that many persons in Iran shared his
view. In the se ine letter he pointed out that, under Islamic law, the families
of victimi ou1d acâept financial Qrnpens tfon i ätead of the deatnseiitence
for a person convicted of homicide In this connection, he asked the
following question. “If these executions have been cai ried out in the name of
observing the retribution law, then where are the members of the families of
those victims in whose name an act of revenge has been authorized?”
77 With regard to the imposition of the death penalty, the above—mentioned
note states that the penal system in force places a very high value on human
life and that the unjustified death of a single person is considered as
tantamount to a cataclysm The death penalty is imposed within the context of
divine law, and in order to limit its implementation restitution ( Diveh ) may
be paid and an oath ( Ghesaineh ) may be sworn The note did not refer to the
International Covenant on Civil and Political Rights, which imposes
limitations on the,power of each State to apply the death pena1ty . In the
various reports prepared to date, reasons have been given as towhy the
imposition of the death penalty in the Islamic Republic of Iran is not in
conformity with the relevant international provisions
78. The note of 26 June included a statement of a doctrinal character
concerning the method of enforcing the international obligationi of States.
The note stated: “Since the judicial system in each State is enforced
independently, the Islamic Republic of Iran ... does not hold itself obliged
to answer questions which directly violate this axiom.” In its view, the
division and independence of the highest organs of the State, in this case the
Judiciary, create an exemption fromthe international, obligation to report on
alleged irregularities in the administration of justice. This question has
been debated and resolved both by outstanding experts and by international
I
E/CN.4/1990/24
page 20
courts, and the solution, which has entered customary international law,
embodies the rule which stipulates that the division and independence of the
highest organs of States, including the Judiciary, do not give rise to
exemption or exception with regard to compliance with the State's
international obligations. Consequently, international law considers the
State as a unit, and not as an entity divided into several parts, of which
only the Executive would be answerable at the international level. If a State
has problems deriving from its Constitution, the division of powers or the
federal form of government, those are internal problems which it must resolve
internally, but before the international community its obligations are
evaluated in the light of international standards by which the State is
conceived as the sole and indivisible subject of rights and obligations. Only
by considering the State as an indivisible unit responsible for compliance
with international obligations can international relations be placed on a sure
footing
IV. VISIT TOTHE ISLANIC REPUBLIC bFIRAN
A. Introduction
79. The visit to the I slamic Republic of Iran took place from 21
to 28 January l990. Mr. GeorgMautner—Markhóf, Chief of the Special
Procedures Séctión, represented the Centre for Human Rights.
Mrs. LeoñorSampáio, a human rights official, and Miss Carmen Cuevas,
secretary, also took part in the mission Mrs Irene Abrahamian, an
interpreter specializing in Farsi, helped the mission during all of the
private and some of the official meetings.
80 When the news of the visit to the Islamic Republic of Iran was made
public, the Special Representative began to receive extensive correspondence
containing views, suggestions and requests on how the visit should be
conducted The correspondence came from Iranian exiles and expatriates, as
well as from persons of other nationalities, human rights associations and
f our winners of the Nobel Prize for Science. Letters signed by 329 university
professors and by academic and student associations were also received In
additiOn, 833 ‘parliamentarians from Australia, Austria, Belgium, Canada, the
Federal Republic of Germany, France, Italy, Liechtenstein, Luxeñthourg,the
Netherlands, Norway, San Marino, Sweden, Switzerland, the United Kingdom and
the United States, as well as members of the European Parliament and the
Council of Europe, stated their views on the human rights situation in the
Islamic Republic Of Iran.
81. The Special Representative is grateful for the co—operation of all these
persons, recognizes that their views and suggestions were of great value
during the preparations for the visit and is encouraged by the fact that
international public opinion, which is so important for the, implementation of
human rights, throughout the world, is providing such strong support for the
international system for the protection of human rights.
82. A request supported by prominent persons from many countries was that one
or more members of the People's Mojahedin should take part in the mission.
From the very outset, the Special Representative stated that he could not and
should not include any person who was not a member of the staff of the
United Nations secretariat in general and of the Centre for Human Rights in
E/CN.4/1990/2 4
page 21
particular because that would jeopardize the objectivity of the mission and be
totally out of keeping with well—established United Nations precedents. The
Special Rapporteur gave the same answer to all persons and institutions which
made the request, even shortly before the mission left for Tehran.
83. The visit was announced in advance in the Iranian media and the persons
concerned were informed of the place where interviews would be held and of a
telephone number they could call to make'appointments. During the first few
days, the interviews took place at the United Nations Programme for
Development's office. Later, when groups of 100 or 200 persons blocked the
entrance to the United Nations Development. Programme's of.f ice and witnesses
with appointments could not appear, interviews were held in the Hotel Azadi,
where the,membersof the mission were staying. At the hotel, many individual
testimonies were heard and two collective interviews were held, one with
100 persons and the other with about 50.
84 Groups of persons also gathered in front of the Hotel Azadi and asked to
be heard It was proposed that they should appoint representatives, but, at
first, they did not agree to do so; a collective interview could not be
organized because they all wanted to be heard individually and in private, but
that was physically impossible because time was so short On Friday,
26 January, most of those persons came into the lobby of the hotel and pushed
and shoved the five members of the mission; some of them went upstairs, but
not to the floor where the members of the mission had their rooms The
confusion lasted about three hours It was Friday, the day of collective
prayers, and it was therefore not possible to make contact with senior
officials of the Ministry of Foreign Affairs as rapidly as would have been
desirable. When the Ministry was informed of what was happening, the
-authorities p.ro-ceeded- to--re és ãb -l±sh order--and-the mission- was- ab-le -to enter
and leave the hotel without hindrance
85 The Special Representative wishes to place on record his particular
appreciation for the full, effective and constant co—operation which he
received from Mr. Per Janvit, Resident Representative of the United Nations
Development Progranmie in the Islamic Republic of Iran, and which went far
beyond what he could have hoped for or expected
86. The Special Representative took the initiative of requesting interviews
with dignitaries who could give him information on human rights in the
country Mr Mehdi Bazargan, Prime Minister of the first Government of the
Revolution, accepted and the Special Representative visited him at his home
Ayatollah Montazeri, who lives in Qom, declined to be interviewed becausE he
had other conunitments. The Special Representative was prepared to travel to
‘: Qom. It had repeatedly been stated that Ayatollah Montazeri was under hOuse
arrest, but, through political opposition sources, it was possible to
es tablish, that he is free, and devoting himself to teaching'.. . -
87 The length of the visit was determined on the basis of United Nations
precedents and, in particular, the programme of work of the Comnission on
Human Rights Since the Commission began its work on 29 January, the report
had to be ready a few days before the agenda item on the Islamic Republic of
Iran was to be discussed The drafting of the report and its translation into
the working languages take several days. If the visit had been longer,, the
Commission would, not have been able to consider this question at its
forty_sixth session. In preparing its programme of work, the Commission
on
E/CN.4/l99O/Z
page 22
decided that the consideration of agenda item 12, which includes the question
of the Islamic Republic of Iran, would begin on 19 February; and the Special
RepresentatiVeis to present the oral introduction to his report on that day,
assuming, of course, that the report has been completed and translated into
the working languages. There were thus only 20 days in which to complete all
that work The visit must be seen in a broader context because it does not in
itself put an end to United Nations activities with regard to this case. This
visit, which is the first, should be followed by a second visit
88. The Special Representative acknowledges, commends and is grateful for the
assistance he received from the Chief-of the.Special Procedures Section of the
Centre for Human Rights, Mr. Gèorg Mautner—MarkhOf, who accompanied him to all
the official visits, madetimely and relevant suggestions and supervised the
work of the other staff members The Special Representative also
acknowledges, commends and is grateful for the intensive activity and
efficiency of the other United Nations staff members who accompanied him
the mission and who showed unlimited dedication and goodwill during the
15—hour working days the visit required. -
B Interviews with representatives of the executive,
legislative and judicial branches of Government
89 In the morning of the day he arrived in Tehran, the Special
Representative began the set of visits with senior officials of the Iranian
Government The visits were scheduled, as requested earlier, for the mornings
and the hearing of testimony and other activities took place in the afternoons
i::' :
90 In the morning of 21 January, a meeting was held to revise the schedule
of work for the official contacts The Deputy Minister for International
Affairs, Mr Manouchehr Mottaki, accompanied by Ambassador Tabatabai,
Ambassador Nabi and Counsellor Alai, expressed the satisfaction of the
Government of the Islamic Republic of Iran at the visit of the Special
Representative and the officials from the Centre for Human Rights andstressed
that his Government intended to extend its full and effective co—operation.
91 After agreeing on the programme for the official part of the visit,
subject, of course, to changes which might be necessary in the light of
circuznstances,Mr. Mottaki referred to the international problems which the
Iranian Revolution had faced since its inception and described some of the
causes of the difficulties the Islamic Republic of Iran had had to deal with
at the international level He indicated that terrorism had begun one month
after the Revolutionary Government had come to power and that the President of
the Republic, the Prime Minister, the President of the Supreme Court, the
Attorney—General, the Ministers of Roads and Transport, Telecommunications and
Energy and more than 30 members of Parliament had died in a horrible terrorist
attack. The Special Representative said that all •the information on terrorism
which he has reáeived from the Government has been duly reflected in his
reports.
92. Three important matters were discussed: detailed replies to the cases
which the Special Representative has submitted and, will continue to submit to
the Government; the place of the Islamic Republic of Iran in the international
community, and Islamic values The Deputy Minister said that replies will be
E/CN.4/ 1990/24
page 23
given in respect of all the cases which have been or will be submitted. All
the cases which have been reported since the conclusion of the 1989 interim
report, as well as those reported during this visit, have been or will be
transmitted to the Government so that it may provide detailed replies.
93. The Deputy Minister said that the Government of the Islamic Republic of
Iran intended to take its rightful place in the international comnumity In
this connection, the Special Representative drew attention to the importance
of the invitation ext ended to the Special Representative of the Commission on
Human Rights, of the clemency measures adopted and of a solution to problems
relating to the implementation of human rights in accordance with
international instruments.
94 The Deputy Minister then referred to Islamic values and their religious
meaning and significance for the society and Government of an Islamic
country The Special Representative said that he fully respected Islamic
values and considered that they were closely related to Christian values and
international human rights instruments, although, in the light of
developments, some adjustments might be necessary in order to bring them fully
into line with international standards, since practice and interpretations
sometimes give rise to inconsistencies He also said that, in his opinion,
such adjustments could be made without much effort in many cases, while, in
other cases, further analyticial refinements would be necessary The
harmonization of the Iranian legal and administration system with
s international standards is possible and it could be the subject of a detailed
s study to identify sensitive issues and find appropriate solutions
2. Interviews with the President of the Supreme Court of Justice
aiid the Deputyto thëHepd Of the Juiliciaf - - —
95 In the morning of 22 January, the Special Representative visited the
President of the Supreme Court of Justice, Ayatollah Moghtadaei, who described
the structure of the judiciary and the general way in which it operates and
answered the Special Representative's questions.
96. Ayatollah Moghtadaei began his statement by recalling that the Islamic
Republic of Iran was very young and had been subjected to great pressure and
adverse propaganda abroad. Despite such pressure and the eight—year war which
had been imposed on it, it had been able to develop and consolidate its
institutions. The judiciary is composed of five types of courts: (1) civil
courts, one for important cases and one for less important cases;
(ii) criminal courts, one for more serious of fences and one for lesser
of fences, (iii) a civil court for individual matters (marriage, divorce,
inheritance, etc.) and matters relating to religious minorities; (iv) military
courts, and (v) revolutionary courts which try offences against the security
of the State and of fences involving terrorism, drug trafficking and the black
market.
97. The Supreme Court is composed of 34 branches or divisions located in
Tehran. Some of its members have more than 30 years of experience on the
bench The right of appeal is recognized and no exception is made in cases
under the jurisdiction of the revolutionary courts. A lower court of' first
instance discusses its judgexnent with the competent d v±sion of the Supreme,
Court, although, once the judgement has been handed down, the accused Or the
defendant, as the case may be, may appeal to the Supreme Court. When there is
EIcN.4/199 01 24
page 24
a difference of opinion between the lower court and the higher division, the
lower court is not under any obligation to follow the opinion of the division
and, if the difference of, opinion continues, the case may be brought before
another lower court. These procedures are applicable to any judgemeflt and
there is no exception in any case. More than one appeal may be lodge4,
provided that each one is based on different grounds. In addition, the
Supreme Court is empowered to review all cases and, for this purpose, its
President has three lawyers who assist turn in considering court proceedings
with a view to deciding which, ones should be reviewed. The review proèedure
applies to judgements of the revolutionarY courts
98. With regard to the right to be defended by a taiyer,' the President stated
that, under the Constitution, all accused persons without exception are
entitled to the assistance of a defence counsel who is authorized to exercise
the legal profession, such counsel is provided by the State when an accused
person cannot afford to pay him With regard to the criticism by the Special
Representative that some proceedings in which the death penalty is applied are
far too speedy and do not allow time to ensure the guarantees of due process
of law provided for in the International Covenant on Civil and Political
Rights, the President said that proceedings may be speeded up in the case of
of fences against public decency, but, even then, the right of defence, the
right of appeal and the other guarantees of due process of law are
safeguarded. The Supreme Court gives priority to such cases and may hand down
a ruling within two days The judges are aware of the importance of
guarantees of due process of law and consider that failure to ensure that they
are safeguarded is not only contrary to the law, but also a sin according to
- the.. Islamic. religion. They are guided by the principle that it is better to
allow an offender to go u npu ushed thaii to convict an innocent person - .
99. The President stated: “We do not claim that all our ‘judges are
perfect” He also said that a procedure had been introduced to monitor the
conduct of judges and, when they do something wrong, they are liable to
disciplinary measures and, in some cases, to punishment. ThePresident agreed
to the Special Representative's request for detailed information On 'two
specific cases of punitive measures against judges who had failed in their
duty. ‘ ‘
100. The President said that no' one was imprisoned for.his political ideas and
that all detainees were being tried or had been sentenced The Baha'i lead
normal lives and those who are in prison have committed some offence. “No' one
is in prison in ‘the Islamic Republic of Iran simply because he is a Baha'i”.
101. The President said that, during the first few years of the Revolution,
some abuses were committed, as happens during all revolutions, but, at
present, InstitutiOflS, including the judiciary, are functioning normally and
studies are being carried out to remedy shortcomings and errors in the
enforcement of the law.
102. The conversation continued with Dr. Mehrpoor, Deputy to the Head of the
judiciary, Ayatollah Yazdi. After expressing some general views on the
publicity campaign being waged abroad against the Government of the Islamic
Republic of Iran, Dr. Mehrpoor indicated that the experts in charge of
legislative reform have taken account of the legal opinions which the Special
Representative has stated in his reports. One case relates to criticism that
account was not being taken of the amount of time the aácused had spent in
E/CN.4/ 1990/2 4
page 25
prison before being sentenced and that the relevant legislative reform should
include the rule that the amount of time.aperson spent in pre—trial detention
after his arrest counted as part of his sentence, if the sentence was a prison
term. The experts are also studying other recommendations by the
Special Rapporteur to determine whether it is possible to incorporate them in
Iranian legislation.
103. Dr. Mehrpoor emphasized in this connection that the country's legal
system was based on Islamic values, a fact which was fully supported by the
Iranian people.. Certain rules which were clearly stipulated in the Holy Koran
could therefore.not be altered. On the-other hand, questions such as the high
degree of discretion.given to judges in.the present system were currently
being discussed. .. ‘ . .
104. The Special Representative referred to-the-death penalty and to the
- . restrictions and conditions provided for in the International Covenant on
Civil and Poljtical: Rights and again stated the opinions he . expressed. and the
recommendations he made in his reports. Referring to guarantees of due
process of law, Dr. Mehrpoor agreed that they must be granted to all accused
persons including political offenders, terrorists and drug traffickers. He
said that,.in the- case.of.the•first.offence, the death penalty was not applieçl
- -to drug traffickers. - The Special Representative asked. for a. copy.of the.
n relevant act and the regulations giving.effect to it, which. he received the
followingday.. . . . . . .
. . . . -.. . . ... . -
.105. In reply to a request for information, Dr. Mehrpoor said that there. are
three bar associations in the Islamic Repub-lic of Iran., one in Tehran, one in
& the third in Azerbai an, and that all three are . -_
- — - — normally- The interview ended—wit-h a promise of--co--operation-in shedding
light on any matters which were not clear, about which there were doubts or on
which contradictory information had been provided.
ed 3 Plenary session of the Supreme Court of Justice
106. The President of the Supreme Court of Justice., Ayatollah Moghtadaei,..
invited the. Special Representative and the Head of.-the Special. Procedures
Section of the Centre for Human Rights to be present during the discussion. and
- the ruling in the case being reviewed in accordance with the programme of
• work. The Supreme Court meets in plenary session one day a week, usually on.
ne Wednesdays, and discusses and, rules on two or three cases. On
23 January 1990, the Court ruled on a case which, under Iranian law, is a
private law matter, namely, fraud resulting from a cheque issued without
sufficient funds. As the case involved civil and criminal elements, the
judges of the divisions which hear civil and criminal cases were present.
107. The rulings by the court of first instance and the appeals division- were
not exactly the same and efforts were being made to find the right decision on
the basis of the opinions in favour and against the judgement under review.
No fewer than. 12 opinions were heard; some stressed. Islamic principles, while.
others were based on commercial law and arguments such as res, judicata, . the
absence of deceit in issuing the cheque and references to the relevant
articles of the Commercial Code and the difference between a cheque for
immediate payment and a cheque for deferred payment. -
E/CN..4/1990/ 24
page 26
108. After the President of the Supreme Court expressed his view, the
discussion was closed and a vote was taken. Thirteen judges, including the
President, were in favour of upholding the judgement under review, but the
majority wasnot and the judgement was therefore overruled. Decisions taken
by the Supreme Court in plenary session are binding on all: courts and
therefore constitute jurisprudence on which decisions in later cases are based.
4. Interview with the Minister of Justice
109. The visit to the Minister of Justice, Hojjatolislam Shoostari, took place
on the same day; he described his Ministry's functionsas having one general
purpose, namely, to proteôtpublic rights and public, order. In reply to a
question put by the Special Representative, the Minister said that all death
sentences, including those handed. down against drug traffickers and
terrorists, have to be upheld by the competent division of the Supreme Court,
even when the person concerned does not exercise his right.of appeal. “No one
is tried for his religion or his political opinions;Oflly pèrsoná who commit
of fences against the law are brought to trial”.
110. The Minister said that the philosophy on which the Iranian system of
justice is basédis not ‘vengeance,but'the punishment of the offender. In
practice and ása result of the c'lethency measures that are frequentlyadopted,
no one serves the entire sentence handed down against him. Most convicted
persons have their sentence reduced and many do not serve more than one third
of the sentence they received. Clemency measures are usually decreed at the
time of New Years, an the .anniversary'of the Revolution and on the occasion of
other religious holidays
ill. The Minister then' reported that, during the Revolutipnary Government' S
ten years inpower,fewerpersOns have been executedthan Inthe same amount
of time under the previous régime. He complained ;that theSpecial “
Representative's reports contain enormous figures on persons who have been
executed and On political prisoners, stating :that,.iñ hisv.iew, the
information comes from enemies of the Revolution operating abroad. “These
figures are wrôñg andthey'area manipulation for propaganda purposes”. :The
Special Representative said that his reports contain figures conununicatedto
him not by one source, but by many sources, àndthat the ôfficiEl figures were
not included because he had not received them, he also took the opportunity to
draw attention once again to the fact that it is important for the Government
to reply in detail to all the allegations communicated to it.. ::
112. The draft Penal Code is being considered by the Parliament. The Code now
in force was adopted for a trial period of five years and the new Code is to
replace it. The. Minister said that there were not many differences between
the Code in force and the new one, but the Parliament might include further
changes in the new Code. . . .
113. When asked why passports were denied and so many complaints were made as
a result, the Minister said that the issue of a püsport was invariably
prohibited because certain violations had been cOiñmitted, but persons who had
no trouble with the system of justice received their passports.
114. The Minister referred to the treatment of prisoners of war, which he
described as absolutely proper.
E/CN.4/1990/24
page 27
115. The Special Representative indicated that, in his view, acceptance of
regular visits by the International Committee of the Red Cross to prisoners in
jails, including political prisoners and drug traffickers, would go a long way
.1 towards shedding light on questions relating to the prison system. The
Minister did not specifically mention the suggestion that the Red Cross. should
;ed. . have a broader role in the Islamic Republic of Iran, but concluded the.
conversation with a promise of full. co—operation with the Commission on Human
Rights and its Special Representative, stating that he hoped the Commission
would treat all similar cases in the same way..
ace . . . ,. . .. . . .• .
L 5. Public trial of five persons accused of murder
1 116 As he had requested, the Special Representative attended a session of the
criminal court trying a case in which the death penalty was applicable. The
victim's husband, two of his brothers and one of his cousins were accused of
one . . murder. The corpse had not been found, although other evidence indicated that
t . the murder had actually taken place and the victim had not merely
disappeared. The trial was heard by Judge Alisheari, a. judge with 10 years'
court experience. The Special Representative attended the second hearing and
the trial was expected to laèt for several days more. .
117 Under Iranian law, murder is a private law matter and opposes the accused
and the victim's family. The charges may be dropped if.financial compensation
rd is agreed on or if a pardon is granted for some other reason. In this case,
e the murdered woman's sister offered pardon provided that the whereabouts of
of the corpse were made known.. Boththe. .accused and the family put their
arguments to the judge to. try to convince him to pass sentence in accordance
with.their allegations The Pub1ic Prose .cutor's Department does not take part
- in the trial, but the investigation is—the responsibility of the police and of
the office of .the Prosecutor. . . . ...• . . .
118. The father and a sister the victim made impassioned allegations
against the accused. The principal accused, the victim's husband, also took
the floor to defend himself and again stated that he was innocent. The lawyer
for the accused then made his plea. The Special Representative does not know
o what verdict was handed down, as the hearing in question was only one of
ere . several in the case.
nt -. . . 6. Interview with the Minister of the Interior
119. The Minister of the Interior, Hojjatolislam Noon, received the Special.
now Representative on 24 January 1990. The Minister referred to the successive
.0 aggressions directed against the Islamic Republic of Iran during its 10 years
J of existence. He said that, as soon as the revolutIonary Government had taken
power, it had held out a friendly hand to all nations and, in particular, to
its neighbours, but its gesture had not met with any response. As a result of
outside interference or assistance, a rebellion had broken out in Kurdistan
as and, in one of the x any terrorist attacks that had occurred, the highest
Government officials had been killed by an extremely powerful bomb. . Those
Lad events had been followed by the foreign war lasting more than eight years.and
I finally by the armed invasion in July 1988. In order to conceal the defeat of
the invaders, a campaign had been organized abroad alleging that invaders
captured on the battlefield had been executed en masse , together with
imprisoned members of the same group.
I
E/GN.4/1990/ 24
page 28
120. The Minister deplored the selective criteria by which the international
community judges human rights, as they apply only to some countries, while
others avoid the monitoring procedure. There were indeed many problems of
public order at the beginning of the Revolution, but the security and
confidence of citizens has now been restored. Islamic law and the Government
of the Islamic Republic of Iran respect humañ digflity and have organized the
institutions of the Islamic Republic ol Iran on the basis of that essential
principle.
121. The Government of the Islamic Republic of Iran has made considerable
efforts to meet the needs of the masses of refugees it has received from
neighbouring countries and it has done so because they are human beingá
suffering tremendous hardship. The Islamic Republic of Iraxi has received
3 million Afghans and approximately 500,000 Iraqis. In addition, 2 million of
its own population have been displaced from the areas where the eight—year war
was fought.
122. The Minister said that the Islamic Republic of Iranhas declared war on 4
drug trafficking. Iranian territory has beenused fOr the transit of hard
drugs to Europe and drugs have poisoned many Iranianyoüng people.
Traffickers are frequently armed and are usually extremely dangerous. The
Islamic Republic of Iran is helping Europe by its war on drugs, but it has not
received any recognition for its efforts. .
123. The Special Representative then put some questionê to the Deputy Minister
and to the Director—General for political associations and parties. According
to their replies, warrants are required for all arrests except in cases of
— — flagrante delicto The iime limit for the p e1im1nar3flinvestigatiOn is -
24 hours, after which the case:is transferred to the àompetetit judge or ‘ t
detainee is released. A warrant is also required for house searches. 4
124. There are three police forces: the police, the gendarmerie and the
Islamic Revolutionary Committees. The latter are ‘responsible for combating
terrorism and drug trafficking. A bill has been prepared to combine the three
police forces.
125. In 1982, an act was promulgated authorizing the activities of political
parties in accordance with the law. Political parties had never before
enjoyed legal recognition. During the early years of the Revolution, a number
of parties opted for armed struggle and others attempted tO split the country,
but there was no lack of parties that played their genuine role. All parties
are allowed to operate provided that they respect the Constitution and
national independence. If they meet these requirements, they may be
authorized.
126. A Commission composed of representatives of the executive, the Parliament.
and the judiciary is responsible for considering applications by parties for
registration. In 1989, seven political groups were authorized, together with
10 groups representing religious minorities. The Commission meets regularly
and is considering a number of applications on which a decision is pending.
It authorizes political parties, groups carrying out political activities,
social and cultural associations representing religious minorities, trade
unions and professional associations and Islamic societies.
____________________________
E/CN.4/1990/24
page 29
127 The Special Representative said he had been informed that the Association
for the Protection of Freedoms and Human Rights had not been authorized, even
though it had submitted its application some time ago. He was told that the
application was being given preliminary, consideration, would soon be dealt
with by the Commission and might be decided on within three or four months
128 The Special Representative asked what legal requirements a commission on
human rights would have to meet in order to be authorized to operate He was
told that such a conunission could be authorized provided that it met the two
conditions set out. above, namely, respect for the Constitution and for the
country's independence, but, so far, no-application had been received for the
establishment of an association. specifically concerned with safeguarding human
rights
129 The Director of the relevant administrative department added that two
groups named the Association for the Protection of Freedoms and Human Rights
and the Movement for Freedom are operating without legal authorization The
associations hope to be granted legal authorization, but, even without such
authorization, they criticize the Government and no one interferes with them
7 Meeting with the Special Prosecutor for Drug Trafficking
130 Ho,ajatolislam Zargar, Special Prosecutor for Drug Trafficking, said that
the objective of the Government of the Islamic Republic of Iran was to
encourage the development of a healthy and vigorous society and drew attention
to, the devastating effects of..drug consumption. An act' has-been adopted.,,to
introduce legal measures in the war against the transport, distribution and
,coi sumptionof hard drugs..,,. The,.death p na y.., p,plies qn1y tQ repeat qffenclers ....,
— and—is directly linked to distribution —The —introductory paragraph of -‘the ‘act
reads as follows “The anti—drug issue has been widely discussed in various
meetings held by-the High Council forMatters pf Expedienc.y where as a result
the Council ratified the anti—drug bill on Aban 3, 1367 (October 25, 1988)
which bypasses lengthy formalities in deciding the cases of drug abuse and
trafficking and where the complete details of the new law are as follows”.
The law contains 35 articles and a number of notes which, according to the
Special Prosecutor, carry the same legal weight as the articles
L 3 .l...he:Prosecutor, said that poppies were not being gro in. the: Islamic
Republic of Iran at the present time and that, at international meetings, the
Government had requested: that: that should be proven by means of satellite,
monitoring He presented two sets of samples showing the various kinds of
drugs that pass through Iranian territory and described some of the tricks
used by drug traffickers to mislead the authorities The most recent seizure
netted three tons of cocaine The Islamic Republic of Iran is helping other
countries to protect the health of their. young people, but it received, no
recognition for its efforts.
132 The Special Representative raised the issue of the large number of
persons sentenced to death for .drug trafficking and recalled, that, according
to calculations based on information provided by official Iranian radio, over
: 1,300 persons had been executed in slightly less than one year. He also said
1: that, according,to information published by the weekly Tehran Times in its
international edition of 7 December 1989, 14,000 drug traffickers were. -in
prison and 900 were awaiting execution. . .
E/CN.4/199O/ 24
page 30
133. The Special Prosecutor replied that the figures were exaggerated and that
not even he knew how many persons had been executed. The Special
Representative said that the data were from official Iranian sources and that
the article published by the weekly Teh'ran Timeaon 7 December l989cited the
off icial news agency IRNA as its source.. Re expressed the view that the
number of executions should be reduced considerably and many offenders should
be rehabilitated to'allow them to return to their.'place in society. The
Prosecutor said that no public executions had taken. place in the last
five months and that criticism of ‘theGovernment on that point was no longer
valid.
134. The Special Prosecutor then referred to the allegation that political
prisoners had been executed on the grounds that they were drug traffickers.
He firmly denied the allegation, which had been circulating abroad for several
months. The Government. provides anyone who wishes to conduct a thorough
investigation with case files proving that all those executed were genuine
drug traffickers
135. In connection with the statements made by witnesses in a previous report
(A/441620, para.. 42), the Special Prosecutor made the following comments:
(a) Nasser Mohammad Tachi, a political.prisoner allegedlyexecuted 'as a drug
trafficker, does not exist, his name does not appear in any file and no one of
that name has been executed; (b) the allegation that several executions took
taken place in Monirieh Square is false, as that square has never been used
for executions; (c) executions have taken place in Moshiri Square, but none ‘of
those executed were named in the report; (d) three executions took placed in
Hashemi Square, but none of those executed were named in the report The
Spe iaI o é 'cutorrea4, out the names of the persons executed n the- - —
above—mentioned Squares. The- Special Re r.eséntativé 'toók'iictë ‘f:'th
explanations and repeated his request that detailed replies shOuld be
submitted to the conmiuiiications he. hadtransmitted to.. the Government in. the
past several years. He:'sEid thatthe explanations he had just received:
confirmed the importance of such replies. ‘ ,. . . :
136. The discussion then turned to the question of excessively speedy
proceedings which involved drugtrafficklng and which suggested that there was
not enough time to ensure guarantees of due process of law. The Special
Prosecutor denied that proceedings lasted betweenthreeand/ ten days, although .:
he acknowledged that it was impossible ,to ensure due process of'- law in so
short a time. The average d'ur ation of proceedings was seven months and,in
extremely serious cases, five months. The Special Representative said that
the source of his information on the time limits referred to in his reports
was the Iranian Government itself, as a high Government official had mentioned
those time limits in. a radiobroadcast. The Special Prosecutor said that not
all. high Government officials were well informed.
137. Lastly, the issue of the presence and functions of a lawyer in the
defence of accused personswas discussed at length. The Prosecutor said that,
under article 35 of the Constitution, all accused persons were entitled to a
defence counsel. Although that was the rule, he said that, in some cases,
accused persons refused to accept a defence counsel, while, in others, lawyers
refused to take on cases because they, considered them indefensible. Moreover,
there was no sense in appointing a lawyer in cases .of flagrante delicto in
which the accused had confessed to the crime. The Special Representative said,
that, in his opinion, it was necessary to establish a procedure effectively to
E/CN.4/ 1990/24
page 31
‘.1 ensure without any room for doubt that no accused person, unless he himself
was a lawyer, was without a defence counsel; that, on the basis of that
t principle, it should be considered that the right to a defence counsel could
not be waived; and that, if a lawyer refused to take on a case, others should
be chosen until one finally accepted. Although it might sometimes be
difficult to find legal arguments for the defence, there were always
humanitarian reasons br asking if not. .for. acquittal, at least for a lesser
sentence The law should also take account of the position of lawyers who
refused without good reason to .be court—appointed defence counsel, for that
was part of their professional function and., just as doctors must not refuse.
to treat patients, so lawyers. must not refuse to defend accused persons unless
there was some serious impediment which the judge should clearl.y state The
Special Representative said that, if the rule was that no trial could begin or
continue without defence. counsel, it..could be ensured that all accused persons
had the necessary legal assistance for their defence.
.,
8. Meeting with the Director—General of Prisons
138 On 25 January, the Special Representative visited Mr Lajevardi, the
Director—General of Prisons, who drew his attention to the significant
improvements in the prison system made on the basis of the principle that the
objective of imprisonment was not vengeance, but rehabilitation, that no one
“1 was naturally bad and that all persons were capable of being re—educated.
f . Accordingly, prisoners had been provided with televisions, radios, newspapers,
primary and secondary education, and even university education in sorne..c ses,
as, well as with workshops and religious instruction. Religious instruction
f had yielded extremely satisfactory results in terms of the moral reform of
prisoners. Doctors, psychiatrists, social workers and other specialists were
on hand to apply three methods of rehabilitation on an experimental, basis.
.. Psychotherap ..was.. .yie1ding the....best results wi.th ..regard ,...to.th .rehabiiita tion. ,
of prisoners.'—--— “. ‘- ---‘- -‘-‘-‘ -‘ “ .. .
139. The Director—General said that his office consisted of four divisions:'
cultural, judicial, financial and law and order. He reported that èlenency
measures were adopted each year and showed voluminous files containing data on
prisoners who, once their behaviour had been evaluated, would benefit from
such measures within a few days.
140. In reply to a question by the Special Representative, the
Director—General said that persons convicted o'f, terrorism ‘and drug. trafficking
benefited from improvements in the prison system on equal terms with ordinary
offenders. Drug addicts were Initially detained for two months, during.whicii
time they were helped to give up the habit, but, if they relapsed, they , ,were
sent to labour camps which operated as rehabilitation centres. There was no”,
central register of prisoners in Iran and each prison kept its own register
9. Visit to Evin prison
141. In the afternoon of 25 January, the Special Representative visited Evin.
prison. He first went to a workshop and then to other parts of'the prison.
He was welcomed on arrival by a choir and a small band made up by prisoners.
EIcN.4/ 199O/ 24
page 32
142. After visiting several workshops, where he learned that prisoners who
work earn wages, the Special Representative talked with five prisoners who
were waiting for him in a room. They said that they were all former members
of the People's Mojahedin organization who had taken part in the July 1988
invasion and had been sentenced to death, although their sentence had later
been commütêd to 20 years' imprisonment. The Special Representative spoke
with other convicts chosen at random in the corridors, one of whom said that
he had been a high—ranking military off icel in the armed groups that had
invaded Iranian territory in 1988. Many of the prisoners had apparently
belonged to the above—mentioned organization and their death sentences had
been commuted to 20 years' imprisonment. They all gave their names, but
requested that they should not be revealed.
143. Three former members of the Tudeh Party, Mr. Kianouri, its former
Secretary—General, and two other members of the party, one a high—ranking
member and the other a grass—roots member, were in one of the cells.
Mr. Kianouri allowed his -name to be used in the report, but the two other
prisoners did not. Mr. Kianoüri hotly denied that he had spied for a foreign
power and conspired to overthrow the Revolutionary Government In the
presence of Evin officials and employees, he said that he had ‘been tortured,
showed his partly paralysed hands and crushed fingers and described thè
beatings and otherhumiliations he hadsuffered. He was genuinely distressed
and his attitude was a mixture of protest and despair
l44 The youngest of the three, who was a grass—roots member of the party,'
said that his party had spied for a foreign power and conspired to overthrow
the Government, an assertion which was firmly denied by the other pri Oner and
led to sharp words between them. The high—ranking member calmly described
-. in prison for 25 years under the Shah and i
Evin f-or 7 years The three prisoners iiii e the amé cell -
• 145. The Special Representative then visited a women's section, which is
separate from the men's and where the prisoners he questioned said that the
circumstances of their trial and imprisonment could be described- as normal.
They had neither been tortured nor subjected to ill—treatment ând,'in prlèon,
they were able to use the facilities described by the Director—General ' '
ftL 146. During his visit to women's section 7, the Special Representative saw a
seven or eight—year—old child and immediately tried to determine what she' was
doing in the prison because he assumed that she might be the child who,
according to a statement he had received in Geneva, was stIll •in prison
because her mother had escaped. According to the explanations -he was given,
the child he saw lived with her family, but had come to visithèr mother,-who
was serving her sentence. She was the only child the Special'Representative
saw in Evin. -
147. The Special Representative asked for permission to visit the prison
basement and was told by the Director that there was no basement at Evin. The
prison was located on a steep slope at the foot of the mountain and, from
above, the first floor seemed lower, so that people usually referred to it as
the basement, but it was obvious that they meant the first floor.
E/CN.4/1990/24
page 33
148. While visiting the cells, the Special Representative asked for permission
to visit Mr. Roger Cooper, a British citizen who has been in prison since
December 1985. His request was turned down by the Director of Evin on the
grounds that the prisoner was a self—confessed spy who was in solitary
confinement and whose sentence had been handed down a month earlier and was
currently being translated from Farsi into English. In reply to the
Special Representative's question concerning the penalty to which the prisoner
had been sentenced, one of the prison officials said that he had been given
10 years in prison, but the Director saId that he was not sure exactly how
many years he had received.
149. The Special Representative asked to visit the prison records office. He
examined the card file and then gave the names of 12 persons who were in the
prison, according to information he had received earlier, and whO would
constitute a sample,as their cáse were all intereèting and different. The
nameof Only, One of the 12 persons was in the card'file and the -Director of'
the prison ordered that the fileè, which were in another office, should be
consulted. After a few minutes' wait, the Director said that the other office
was closed because it was Thursday afternoon and the person-in charge had
left, since Friday was a day off The Special Representative asked to be able
to speak with four prisoners whose presence in Evin had been confirmed The
four appeared lo give theirtestimony in private, but they requested that -
their names and testimony should not be published because they hope to benefit
from clemency measures quite soon
10. Visit to Parliament
150. The Spéciàl Representative visited Parliament, where he spoke with a
group of deputies that included representatives of the officially recognized
eligious minorities, n iy, the Armenians, Assyriàns, Jews and - -
-— Zor-eastrians Most of - the conversation was wLth .Mr Rajai, former
Permanent Representative to the United Nations añdnow Chairman of -
the Parliamentary Commission for Foreign Affairs.
151. AinbassádorRajái explained that candidates for the post of deputy are -
all individual candidates, not party candidates, and that, once they have been
elected, they choose one of the two groups to which members of Parliament
belong, the extremists and the moderates, although the blocks are not - -
immovable since a deputy can take the extremist line on some matters and the'
moderate line on others. - V ‘ 1
152. He said that, at the beginning of each session, two deputies may speak d i i
any topic for 10 minutes each. They choose the topic freely and then the '-
items on the agenda are dealt with. -
153. The Parliament divides its work up among commissions and ‘ -
sub—commissions. Each ministry has a commission to examine its affai s,but
there are more commissions than ministries. Each commission is composedof -.
13 members. V -
154. The people choose between individuals, not between parties. Each . 1
individual conducts his own political campaign and candida es may forni- ‘
alliances to support one another. Representatives of the religious minorities
are elected by their respective communities, but they represent the peoplé ' as
a whole on the same footing as other deputies.
E/CN.41199O1 24
page 34
155. At the request of the Special Representative, Mr. Rajal described the new
Penal Code and its contents. The Code is currently being reviewed by the
relevant commission, although it has already been the subject of close
scrutiny by experts, and, if it is adopted by Parliament, it will then be
referred to the Council of Guardians. It is not yet possible to know what
final text will be adopted.
156. At the end of his visit, the Special Representative attended a plenary
session of the Parliament.
11. Round table at the Ministry of Foreign Affairs
157. Ayatollah Jennati, a member of the Council of Guardians, chaired the
round table which was attended by other members of the Council, the Director
of the Inspectorate General, the Deputy to the Head of the Judiciary, the
Chairman of the Bar Association and officials from the Ministry, of Foreign
Affairs.
158. Ayatollah Jennati explained that the Council of Guardians, which is
composed of six legal experts and six religious authorities, is responsible
for validating the laws adopted by Parliament in order to ensure ‘that thé are
constitutional and in keeping with Islamic principles. The H ad of the
Judiciary appoints the legal experts, while the religious authorities,: are
appointed by the Leader. The laws cannot be applied without the approval Of
the Council of Guardians.
159. The Government draws its legitimacy from the Leader, whose human and
intellectual qualities are defined by article 109 of the Constitution.' ‘The
Leader is chosen by a popular movement from among the country's most
ou tanding 'reiigiOUs dignitaries TheAssembly of Experts, which is elected
by the people for eight years, is empowered to amend the Constitution “and'tó ''
dismiss the Leader if he is no longer fit for office
160. Ayatollah Jennati. stated: “The. Revolution is based •n Islamic
principles, the degrees of the Prophet, the Koran and tradition emanating from
the Prophet These principles are compulsory and can admit no compromis In
contrast with other countries in which secular principles prevail, religious
principles play a leading role in the Islamic Republic of Iran. ‘‘The ‘
Revolution that occurred in Iran has been under constant threat from those iho
wish to destroy it. It is difficult for those who live in a peaceful ‘
environment to understand this situation. As long as these points are not
understood, it will be impossible to solve the problems”. . ‘ -
161. In reply to a question on the role of international law in that context,
Ayatollah Jennati said: “Any rule of international law that is not contrary
to Islamic principles' can be accepted, but a rule which flagrantly violates
those principles will have to be rejected by the Islamic Republic of Iran . If
it has to make a choice, the Islamic Republic will choose Islamic ‘
principles”. He said that an Islamic book dating back several centuries had
been recognized as a source of international law. He also pointed out that.
Islam attached greater importance to human rights than was the case in many
countries and that a draft Islamic declaration on human rights had recently
been prepared by experts meeting in Tehran.
E/c N.4/l99O/24
page 35
162. The Ayatollah replied affirmatively to the Special Representative's
question whether he considered it worthwhile to prepare an academic programme
designed to identify points of conflict or potential disagreement between
international law and Islamic law.
12. Meeting with the Deputy Foreign Minister for Legal
and Consular Affairs
163. The Special Representative also-met Mr. Mir Mehdi, Deputy Foreign
Minister for Legal and Consular Affairs, who was accompanied by several senior
officials in the Foreign Ministry. The Deputy Minister informed the Special
Representative of the constitutional provisions governing the legislative
process and according to which laws may be proposed both by members of
Parliament and by the administration in the form of Government bills
Government bills have to be ratified by the Council of Ministers All
propos .ls have to be examined by the relevant parliamentAry commissions or
sub—commissions. After their adoption by the plenary, laws have to be
approved by the Council of Guardians (see para 158) and are subsequently
promulgated by the President and published in the Official Gazette They are
enforceable 15 dAys after their publication. The Gó' ez ent can formulate
procedures for the practical implementation of laws.
164 The Deputy Minister also handed the Special Representative eight folders
containing letters and dbcurnentary material submittedby the Organizationfor
Defending Victims of Violence as follows
(a) One folder containing some 100 letters of identical content from
perso is whose family members were victims àf terrorist attaáks. The letters
are individually signed and the relatives ask that the Mojahedin who are
- esponsib-le• -shou1•d e-brought -to trial and- request pa ent- for-the damage-they
have incurred, as well uiblbod money
(b) One folder containing 66 letters denouncing acts of terrorism by the
Mojahedin. - -
(c) Several pamphlets issued by the above—mentioned organization.
(d) A summary of reported acts of terrorism as claimed by the Mojahedin
organization since 1982.
(e) A folder containing a letter from the above—mentioned organization
listing 268 names of disappeared persons who were reportedly seen on
,television abroad and alleging that the Mojahedin organization used these
persons as mercenaries and spies against the Islamic Republic of Iran.
(f) An account of a bomb explosion in Parliament in 1982 which killed 72
persons.
(g) Over 100 letters signed “victim family” denouncing the killing of
relatives by the Mojahedin with clippings from the Mojahed newspaper claiming
responsibility for the killings.
E/CN.41199O 124
page 36
(h) A video cassette containing a documentary of a bus explosion in
Shiraz in 1981.
(i) A folder containing signatures of families of alleged victims of
Mojahedin terrorism.
13. Meeting with the Minister for Foreign 'Affairs
165. The meeting with Mr. All Akbar Velayati took place almost at, the end of
the visit, so that it was possible to review the activities carried out
166 The Special Representative again raised the question of executions and
guarantees of due process of law The Minister showed him a ma of the
Islamic Republic of Iran and indicated the route followed by drug traffickers
across a desert which runs through the country from east to west and almost
reaches Tehran No conclusion was reached on the matter at that tinie
167 The Minister proved immediately receptive to other suggestions For
example, it was requested that the International Committee of the Red Cross
(ICRC) should regularly visit all prisons and monitor the treatment of all
prisoners, including political prisoners The Minister replied that he would
instruct his assistants ‘to initiate discussions with ICRC for that pi rpose.
The suggestion that the Centre for Human Rights might provide the Government
with technical assistance to improve the administration of the prison system
and to train executive officials in the implementation of human rights in
accordance with international standards met with a similar restionse. The'
Minister also said that he was prepared to consider requests for, clemency
submitted to him by the Special Representative on humanitarian grounds The
following day, the Special Representative submitted such a request, which is
feprodüced i r the—relevant -part of this report -(see para. 16)
168. The Minister said that his Government was willing to establish broader
co—operation with the United Nations in. general and with the Commiásion on
Human Rights in particular. ‘ The possibilities that broader co—operation might
offer in the immediate future were then discussed.
14. Final meeting
‘169. On 28 January, after hearing several witnesses at. the United Nations
Development Programme's office and seeing documentary films ‘at ‘the Ministry of
Foreign Affairs on the arrival and the funeral of Imam Khomeini and on a bomb
explosion at the President's off ice, a brief final meeting washeld with
officials of the Ministry of Foreign Affairs. The Deputy Mini ter,
Mr. Manouchehr Mottaki, Ambassador Tabatabai and Mr. Alai were present. The
Deputy Minister summed up the Government's points regarding human rights. He
described the recent hijacking of an aeroplane in the provinces as an example
of terrorism in the country.
170. The discussion then turned to another' step the Government, might take to
improve co—operation with the Commission on Human Rights. For this purpose,
the Special Representative said that detailed rep.iies to all the
communications transmitted would be a token of broader co—operation and, in
this way, it would be possible to proceed with inquiries into cases which are
at the preliminary stage of investigation.
E/CN.4/1990/24
• page37
171. The Special Representative handed Mr. Mottaki an aide—mémoire containing
the following complaints received: information that, in the course of his
stay in Tehran, some persons were threatened and others arrested, and the case
of two women who had gone to the United Nations Development Programme's office
and had not returned home. These reports were received over the telephone.
The Government was requested to take positive action.
C. Information received by the Special Representative
from non—governmental sources -
I. Oral information
172. In accorñance with previous practice, the Special Representative received
oral testimony during his visit to the Islamic Republic of Iran from persons
claiming to have first—hand experience of the human rights situation in the
country. Such hearings were due to take place at the UNDP Office in Tehran.
However,on Monday, 22 January 1.990, tumultuous demonstrations began which
• impeded the access of witnesses who had previously asked for appointments to
the building where the UNDP Office is located The demonstrations later also
spread to the hotel where the Special Representative wai staying, so th t it
became impossible to hear all those whohad wanted to see him. On the other
hand, many of the demonstrators also asked to be heard by the Special
Representative and, given their large numbers, he could only accept such
requests at random and hear two large groups col1eèti e1y. Summaries of the
oral testimonies received are given below
Executions
173. Mr. Kianouri, former Secretary—General of the Tudeh Party, denounced the
execut ion-of thousands of-young-people whom he considered teta1ly naocent - — -
AIth6ujli €h yhad been aè e ó F oIIa.boration with th Tüdèh P ftyhe'
considered himself exclusively responsible for any crimes ascribed to the
Party. He handed the Special Representative .a copy of a letter he had sent in
this regard to the leader of the Islamic Republic: Of Iran, Ayatollah Khamenei.
174. MOteza Nosrati reported the execution of his brother Gholam Reza Nosrati
in 1367 (1989), then 26 years old, on the charge of political activities.He
said that his brother had been a member of the Arman (Shariati) organization
which had promoted opposition to the Government by peaceful means. Afterwards
h b àd joined the Mojahedin but had never been involved in acts of violence.
- After his arrest in 1361 (1983), he was sentenced to eightyears'
imprisonment. When the detainees at Rasht prison, where he was held,
protested against the refusal of family visits, a group meeting. of prisoners
with their families was arranged by the authorities During that visit many
prisoners took off their clothes so that their relatives could see the extent
to which they had been tortured. After this incident all visits were
suspended and one year later Gholan Reza Nosrati was executed The family was
informed of the execution only five months after it had taken place
175 One witness who requested that her name should be kept confidential
stated that her son, 18 years of age, was involved in the Islamic Revolution,
but later joined the Mojahedin. The first attempt to arrest him was at his
house, but he escaped. Two months later he was arrested in the street in the
early hours and executed the same evening. She read about the execution in
EICN.411990/24
page 38
the newspapers. The witness suggested that the Special Representative should
visit the cemetery of Behest Zahra on the outskirts of Tehran where, on
Thursdays, many mothers of executed persons mourn together at the mass graves
where their children were buried.
176. Another witness who requested that his name should be kept confidential
reported the death of his son who was executed in the third quarter
of 1989 (1367). His son was arrested in 1360 (1982) and accused of
sympathizing with the Mojahedin.. Orig:LnaIly hehad been condemned to
nine years' imprisonment, but was executed at the end of seven and a half
years. The witness had no knowledge as to whether or not a second trial had
been held prior to the execution.
177 Another witness who requested that his name should be kept confidential
stated that he had been an active supporter of Ayatollah Khomeini
Nevertheless representatives of the Revolutionary Committees had broken into
his house and arrested seven of his children They were accused of belonging
to the Mojahedin, but this accusation was not corroborated by any evidence
After the war, one and a half years ago, five of his children were executed in
-a wave of executions of some 20,000 prisoners Two Sons were still in Evin
prison, one of them sick and the other paralysed as a result of torture
178 Another witness who requested that her name should be kept confidential
stated that three men arrested together with her during a demonstration in
Isfahan were executed In one of these cases, information from Tehran was
receivedlaterthat he had beensentencèd to six month nl r . Acdbrding to
the witness the governor was writing execution orders without awaiting the
sentences A 50—year—old woman known in the city of Shahroud as
Mother Eftekhari, who was just a passer—by at the time of the demonstration,
was also a.rrested severely t tjjred phys1 a .ly ndp yqholQg1cally and
executed aftei' 50 dayi— -‘While in jail, the witness met a girl who as later
executed because he had un'g a Mojahedin song
179 A father and his daughter, who requested that their names should be kept
- confidential reported the execution In June 1988: of his son. He had been
arrested while in possession of Mojahedin publications, but had consistently
denied being in any way associated with that organization. When the father
inquired from the judge, Mr Lajevardi, he was informed that there was no
charge against his son Nevertheless, he was kept in prison for nine years
and was severely tortured. In No' ember 1987, prison visits .wére suspended..
In June 1988, the family received a call that they could go and -visit the •
son. When the father arrived at the jail, he was beaten up arid tdld that his
son had been executed. They were referred to a ma s grave without names and,
although they searched for the body, they were not able to find the corpse.
180. Two witnesses who requested that their names should be kept confidential
reported the execution of their brother and son respectively. He was a
soldier who had deserted from the front and had become a member of •the
Mojahedin. He was imprisoned in the province of Khlalkhal in 1365 (1987)
where he was allegedly tortured. During the time he was under arrest, the
family tried to find an attorney for him, but the authorities said there was
no need for it. The family was advised that he would be tried 10 days after
his arrest, but he was executed by public hanging before that time had
elapsed. The witnesses further stated that he was buried together with
E/CN.4/1990/2 4
page 39
another executed,person in a remote mountain area. However, another brother
dug up the body so as to give it a proper burial. The local Islamic
Revolution Committee continued to harass the grandfather of the executed
person and to search his house. Furthermore, an uncle was arrested and became
handicapped as a result of beatings inflicted upon him at Sepah prison.
181. One witness who said that she was the daughter of a Mullah from Mashad
but did not want to disclose her name, alleged that a Mullah by the name of
Ardabili had ordered the execution of -24 prisoners in Mashad without any prior
judicial procedure'. Only one month ago two groups, of 17 and 15 persons each
had been hanged on drug trafficking charges and their bodies had been disposed
of in the city's sewage system.
Denial of alleged executions
182. Gholan ‘Reza Bagheban stated that ‘he had been arrested four times: his
last arrest had taken place four years ago when he was held at Ahwaz prison.
He had always been very well treated. During his time in prison, he saw his
name in a Mojahedin publication, included in a list of people who supposedly
had been executed. The witness affirmed that -he knewof many similar
situations and at the Special Representative's request offeredto provide him
later with a copy of the Mojahedin publication in which his name had appeared.
l83 Another witness who requested that her name should be kept confidential
stated that one of her friends (name not provided) had been listed by the
Mojahedin as executed, but in fact was still alive.
184. Several persons belonging to a group of 78 people-heard collectively by
the Special Representative stated that their names had appeared in lists of
execut d” pers'o s'-pub1-is -hed -'by- -the-M jahedin - rg-a iz-ation t- the •r-eques-t--o-f-.-.--—
the ‘Speciil ‘kêp séxitá I e fà i± óf théni were' áblè tb idént±tj
papers. The names of these persons are as follows: Ismail Zarei, Mabmoud
Reza Said Nejad, Soghra Farhadi and Behnam Garai. The latter three provided
corresponding pages of the Mojahedin newspaper.
Acts of terrorism
185. Reza Djamshidi Miandashti complained about the killing of his 16—year—old
son in Shalanitcheh by the Mojahedin. At the age of 14, he had voluntarily
gone to the war and had fought for his country until he was killed by the
Mojahedin.
186. Mr. Madjid Valizadeh stated that he wished to complain about the -
terrorist activities of'the Mojahedin organization. He said he knew of
several such incidents, including the case of a person who was skinned alive
and of another who was burned alive during Mojahedin attacks against villages
in the north of the country. He applauded the efforts of' the Government in.
the economic, cultural and educational fields and inquired why the United -
Nations had not sent representatives to investigate such serious situations as
the use of chemical weapons by the Iraqi army or the recent invasion of Panama
by the United States' of America.
EICN.41199O/2 4
page 40
187. A witness who wished to have his name kept confidential described himself
as an “independent citizen”. He stated that human rights were fully respected
in the Islamic Republic of Iran. The Commission on Human Rights should rather
have appointed a Special Representative for the situatIons in Panama and
Azerbaijan. He wanted to protest about the Mojahedin and the attitude of the
United Nations vis—à—vis the Mojahedin which he felt had not been impartial.
He said that the Goverrunent was clement; on the other hand the Mojahedin were
violent. He had witnessed two men attack a food shop and kill the owner only
because he was a Hezbollah (partisan of Cod). The witness said that the
persons who were asking to see the Special Representative had a very low level
of education. Often theyhad lost a child one way or another and just wanted
to voice their grief.
188. Another witness who wished his name to be kept
about the assassination of his father, a shopkeeper, by the Nojahedin. He
said the sole reason for this murder was the fact that his father had been a
very•rel±gious.man. The assassin was arrested, but did not seem to repent his
crime. The witness believed that he was later executed. The witness also
stated that his uncle was killed by the Mojahedin because he was collecting
food and clothes for men fighting in the war.
189. Another witness, who requested that his name should be kept confidential
reported the death of his brother in 1360 (1982). The brother was a Hezbollah
and was assassinated by the Mojahedin for this sole reason. Two attempts were
made on his life... In the second,. he was killed in the street with ‘a machine
gun.
190. A group of six persons representing 78 people whose relatives had,
allegedly been assassinated by the Mojahedin complained about the barbarous
ayiii hi h't1iese killings had been carried cmt They tedtha-t in their
opInion, every Mojahed had killed at least 100 persons. T ie ‘wit ies 'feIt
that the United Nations should severely condemn the Mojahedin organization.
One person in the group said that in her. fainily.f our people had been killed by
the Mojahedin and that her son, before dying, had his two legs amputated. The
witnesses also critized the allegations by the Mojahedin concerning executions
and torture in the Islamic Republic of Iran. In this connection, they
suggested the creation of an international commission under the auspices of
the United Nations to investigate the •conditions in Iranian prisons. .
191. A group of 68 persons, including some 20 Kurds, asked to be heard by the
Special Representative. Several of them recounted their personal experiences
as ex—members of the Mojahedin or as victims of Mojahedin terrorism. Some of
them stated that the Mojahedin organization had induced them to show
self—inflicted burns or other marks of torture in order to enhance the false
propaganda, spread by the organization. Others denounced various acts of
terrorism by the Mojahedin which ranged' from the killing of individual persons
to the invasion of entire villages causing' the death of many people. They
asked the Special Representative to inform the world about the real nature of
Mojahedin activities in order to increase trust for .the United Nations among
the Iranian people. A number of testimonies concerned people who had been
included in lists of executed persons published by the Mojahedin, but were
reportedly alive. Four participants in the meeting declared that their names
had appeared on such lists and, at the request of the Special Representative,
presented their identity papers (see also para. 184).
E/CN .4/1990/24
page 41
192. Another group of some 60 Kurds and Turkomans were also received by the
Special Representative at their request. Several Kurds reported crimes
allegedly committed by armed groups of the Kurdish Democratic Party which
according to them comprised 2,000 to 3,000 members and was supported by the
Iraqi Government, as well as by armed groups of the Komala Communist Party,
which had some 700 members. The terrorist activities of the latter were far
more serious since they attacked entirevillages and, in contrast to the
Kurdish Democratic Party,refused any negotiations with the Government. A
person from Paveh (Kurdistan) related-how he was abducted and tortured by
members of the Democratic Party and how they had fired at other civilians with
rockets. Another person from the same city referred to the attack on a
hospital, 10 years ago, by.l,700 members of the Democratic Party who had not
even respected the symbol of the Red Crescent. He wondered why the Special
Representative had not visited the area at that time. A Sunni (Hannafi
branch) from the Turkoman desert alleged that Mojahedin groups tried to arouse
anti—Shia feelings in his region by spreading false propaganda financed by
Saudi money. He stressed that the Government was actively supporting
religious activities by the Sunni minority. He also reported the destruction
of houses in a village of his region by terrorist groups. Other crimes.
allegedly committed by the Mojahedin were reported by a person from Western
Islamabad, including incidents of mine—laying, the placing of bombs in cars
and buses and the. assassination of six members of the same family in
Ghalashahin. All these witnesses were unanimous in condemning terrorists acts
by the Mojahedin and requested the Special Representative to report the
situation to the international community.
193. Another witness who requested that his name should be kept confidential
said that he was detained from 1360 (1982) to 1362 (1984) in the prison of
Mashad. He was a member of the Mojahedin organization when he was arrested,
T.: — - but j- -since--then ,- he ha -r a-lized- how wrong- the obj-ect±ves-of -the-Mojajie-djn---
- .• were. The witness believed that any action initiated by the United Nàtións
should be balanced and one of the main objectives should consist in shedding
light on the many crimes committed by the Mojahedin.
194. Another witness who requested that his name should be kept confidential
stated that he was a member of the Mojahedin. He was detained the firs.t time
in 1359 (1981) for four months and again from 1362 (1984) to 1367 (1989). He
was held in Ahwaz and Mashad prisons and in the prison of the Sepah. The
witness described himself as being very active politically, even before the
Revolution.. He declared that the Mojahedin were making the lives of their -
imprisoned former comrades very difficult since they had left the country and
exploited them from abroad. The Mojahedin deliberately misled peopleabout
prison conditions. Despite the fact that he had been involved in armed
struggle, he was allowed to see his wife who was arrested together with him
already three days after their arrest. ,. . .
195. Another witness who requested that her name should be kept confidential
considered herself a victim of both the Mojahedin and the Islamic Revolution.
Her husband had collected arms in preparing for the Revolution against the
Shah. After the Revolution, he supplied some arms to the Mojahedin and was
arrested and executed. She was also arrested but released after three years
of imprisonment and found herself, left alone with three children, in a
desperate situation with no help whatsoever from the Government or the
Mojahedin. She felt that her's was a typical example of how the Mojahedin
treated their former supporters.
E/CN.41199O1 24
page 42
196. Four other witnesses who requested that their names should bekept
confidential were also heard individually. They stated that they had been
former members or sympathizers of the Mojahedin organization. They had
repented and, after having served prison sentences, were released. They said
that in prison they had always received decent and humane treatment. They
denounced various atrocities committed by the Mojahedin and felt that the
Special Representative should inform the international community of the brutal
terror unleashed by that organization against innocent citizens. One of the
witnesses, while, making his oral deposition, wrote a note to the Special
Representative indicating that he had been forced to .state the above and that 4,
many ex—prisoners had been induced by the authorities to make similar
statements under threat of execution if they denounced their real experiences
in prison. . . . . . .. .
Torture
197. Au Akbar Ghaffari stated that he had belonged to the military faction of
the Mojahedin. He. had been detained from 1361 (1983) to -1-366 (1988) in Ahwaz
rison, where. he-had nev.er witnessed any torture or been subjected to it
himself, although from' time to time the wardens treated detainees roughly or
occasionally slapped them. He was sentenced to life imprisonment but his
sentence was subsequently' commuted. He stated that prison facilities were
excellent, that food had been abundant and that he had received family visits'
regularly. . . . ,
198. Mr. Kianouri, former Secretary—General of the Tudeh Party, denounced that
he has been kept in jail for 1.0 years, seven of, which he -spent at Evin ..
prison. He said that, he was tortured several times and as- a .result his h'ands
were partly paralysed. During his trial, he was not given the opportunity' to
avail himself of a lejal oti isel - - - — - -
199.' Mr. Tavassoli, a former Mayor of Tehran and member of the MOvement for.
Freedom, related his experience during his detention of nine, months, eight and
a half of which he was forced to spend in solitary confinement. He said that
he was beaten, insulted, intimidated and forced. to remain, in cold cel1s or.
seated on the same chair. for -long hours .. The purpose of such practices was to
make him confess things he had never done (see also para. 208).
200... Another witness who wished his name to be. kept secret said that he was
arrested twice. The charges brought against him were financial support for
the Mojahedin (first arrest) and writing Mojahedin slogans (second arrest)..
The first time he was detained from 1360 (1982) to 1365 (1987) in Tehran
(Committee and Evin prisons). He stated that on both occasions he was
severely tortured. In Evin he was in section 4 where'detainees. were
frequently tortured. According to his knowledge section 7 of Evin prison, was
even worse as far as torture was concerned, The worst treatment to which he
was subjected was the following: he was tied to a wire bed and beaten up for
an extended period until losing the capacity' to' cry; he had- almost fallen
unconscious. He described in detail the kind of beatings inflicted upon him
and how gradually the sensitivity of the body decreased during, the beatings.
Lashes on the soles of the feet were a frequent practice. He also said' that
for long periods he was kept in solitary confinement with reduced food rations.
• E/CN.4/ 1990124
page 43
• 201 Another witness who requested that her name should be kept confid ntial
stated that she had been arrested in 1362 (1984) and freed in 1367 (1989).
She had been a member of the Mojahedin and was involved, as was her brother,
in armed struggle. She was sentenced originally to 12 years but her sentence
was commuted at the time of the general amnesty. She stated that she was not
tortured in prison. According to the witness, the Government seemed to know
all the activities of the Mojahedin and had no need to torture the prisoners
to obtain information. The witness stated that she was allowed to attend
school classes while in prison. Her husband was condemned to death but his
sentence had also been coimnuted. She saidthat she could visit him oncea
week in jail and that all married couples were entitled to private visits.
202. Another witness who requested that his name should be kept confidential
stated that, he. had joined the Mojahedin in 1359 (1981). In 1361 (1983), all
leaders of the Mojahedin started going abroad and left in his house a cache of
arms. One night in 1362 (1984), he was arrested together with his wife and
baby. He feared tha.t they would be executed because of the importance of the
arms cache in their house. However, they were detained only for seven months
at Gorgan jail. Later he was arrested for a second time and served a
nine—month term in prison. He said that while in prison he did not suffer any
torture or ill—treatment other than what was envisaged under Islamic law,
mentioning lashing by way of example. His wife andchild received good
medical care.
203. Another witness who requested that his name should be kept confidential
described himself as an éx—Mojahedin who had been involved in armed struggle.
He was arrested by the guards and shot in the foot. He was first brought to
Evin prison. After the treatment for his injury, he was transferred to'
Ahwaz He was in pffson ffö m l36l (I983' ) to 1365 (1987Y His sentence had
been commuted from 10 to 7 years. Currently he worked for the Government.
During his time' in prison he had not leen or heard of any cases of tortire
except occasional slapping
204. Another witness who requested that his name should be kept confidential
declared that he was arrested in 1364 (1986) in Sanandaj accused of
sympathizing with the Mojahedin and was later transferred to Tehran, where he
was held at the Committee and Evin prisons. He said that he stayed there' for
nine months in inhuman conditions which he' described as follows: cells
1.5 ,by 2 metres in size held 4 to 5 people and celli 3 by 5 metres in size as
many as 40 people. The lights were always on and family vIsits very rare.
According to the witness, about 90 per cent of the inmates he met had been
either severely tortured or submitted to treatment akin to ‘torture. He
himself was tortured by whipping with cables. When he fell unconscious, cold
water would be sprinkled on his face. Another common method of torture was to
whip the soles of the feet of prisoners and then force them towalk.. A
variant of thIs torture was to dress the wounds and pull the dried dressing
off the soles. The witness also said that his trial took five minutes and
after serving his sentence he was on probation for three years'. Although ‘the
three years are over he still has to report to the Islamic Revolution
Committee once a month. In his family, three people had been ‘executed: a
brother and two cousins.
‘I
J
E/CN.4/ 199O/ 24
page 44
205. Another witness from Isfahan who requested that her name should be kept
confidential was arrested in 1360 (1982) while participating in a
demonstration. She spent four years in the following jails: Ghezel Hessar,
Karaj, Semrian, Ghom, Shahrood, Isfahan. After her arrest together with 27
other women and 24 men six women were kept in cells originally designed for
one person. At Ghezel Hessar prison, the door would be opened only one time a
day to let them go to the toilet. Their hair was cut and 30. lashes per person
were a frequent form of punishment. They were also taken to a corridor and
forced to crawl while guards kicke4 them. One handicapped woman by the name
of Zahra Gorgani was brutally whipped. The witness also reported the case of
a mother arrested together with her two—months—old baby. The baby grew up in
prison.
206. Another witness from Mashad who requested that her name should be kept
confidential referred to her five years' imprisonment in Evin prison. She had
originally been sentenced to nine years on the charge of having contacts with
Palestinian groups, but her sentence had been commuted to five years. She
said that during her imprisonment lashing on the soles of the feet had been a
common occurrence.
207. Another witness who requested that his name should not be disclosed
alleged that he had been tortured at Evin prison, where he had spent several
years. The practices inflicted upon him consisted of whipping, being hung
from the ceiling, being handcuffed or kept awake during extended periods. He
had reported these practices to the authorities on a form which had once been
circulated to the prisoners by the prison administration.
Admi is atioi. of justice
208. Mr. Tavassoli, a former Mayor of hran and leading
Movement for Freedom, reported his arrest in June 1988 by a group of armed
persons who broke into his house, took all his personal belongings, many of
which had still not been returned, and brought him to Towhid prison where he
was interrogated during five and a half months by agents of the Ministry of
Information. He stated that he was not informed of the charges against him as
required by article 32 of the Constitution and was not presented to a court
within 24 hours, as stipulated in the same article. His interrogators were
trying by every, means including beatings, insults and threats. to make him
confess that he had passed information to the enemy. After three months the
Prison's Organization complained about his treatment and after five and a half
months he was transferred to Evin prison where he had to remain for another
three months. Finally he received a list of charges as follows: activities
against the security of the Government, activities to topple the Government
andassistaflCe to the enemy. A meeting Prime Minister Bazargan had. withthe
United States Ambassador in 1979 with the express agreement of
Ayatollah Khomeini was cited asa proof for. these charges. He was held for
eight and a half months in solitary confinement, although the law stipulated a
maximum of four months. His complaints in this regard remained unanswered..
After his release he was ordered to report to Evin prison where he was treated
harshly and again threatened.
209. Mr. Yazdi, former Foreign Minister in the first provisional Government
after the Revolution, referred to cases in which persons had not been released
at the end of their prison sentences; some had been retried, some executed and
yet others simply kept in detention. He mentioned in particular the case of
-4
E/CN.4/1990/24
page'L 5
his nephew Hassan Zadiri who was arrested instead of his brother, who had
absconded. He was tried after three years of detention and sentenced to
another seven years. Last year his parents were informed that he had
committed suicide. When the parents expressed surprise that his corpse was
black, the official version given for the reasons of his death was changed to
food poisoning. He and Mr. Bazargan also referred to other cases of
substitute prisoners, such as Dr. Yaya Naziri, held at Evin prison because the
authorities had not been able to arresf his son, who had absconded.
210. A witness who requested that his name should be kept confidential
reported the arrest, in 1981, of All BaniHashemi when he was 22 years old.
According to the witness, Ali was now being held at Nazi—Abad prison in
Tehran. The circumstances of his arrest were described as follows: Ali with
a group of 90 other people were celebrating an Islamic holiday when members of
the Regional Committee invaded the place and arrested them. The witness
stressed that this had not been a politically motivated meeting but a
get—together of young Muslim people. Au wasreleased the; same day, but the
Islamic Revolüt ion Committee recalled him and he was sentenced to life
imprisonment. The sentence was sübséquently commuted to seven years, but 20
of his friends arrested on the same occasion were executed. During the
summarytrial ofthe whole group, no defence was admitted. Although Ali had
spent eight years and seven months in prison, he was not released The prison
administration had simply advised the family that his sentence had again been
changed to life imprisonment without any additional trial.
211. Another witness who reque stéd that his name should be kept confidential
stated that he was a former member of the Mojahedin and had served two prison
terms for this reason. He said that shortcomings in the administration of
3ustice wer not.a G Verñment policy hut the resultT of irresponsible ãcti of
individuals in the lower strata of the administration.
212 A group of three witnesses who requested that their names should be kept
confidential alleged that there was a high degree of arbitrariness in the
application of the law. In cases before the Islamic Revolution Courts, for
instance, the defendants were hardly ever informed of the charges, but merely
asked what they believed to be the reason for their arrest and trial. Death
sentences before these courts were rendered . in a summary procedttre. No
lawyers were admitted and no witnesses presented by the defendant were
examined. Until recently, all death sentences had to be approved in Qom, and
currently by the äompetent section of the Supreme Court; but the files
submitted for approval never contained any statements by the defendants.
213. An experienced lawyer who was able to continue his practice after the
Revolution severely criticized the arbitrariness of legal procedures in many
respects. He stated that lawyers generally did not believe in the legality of
the courts and the law applied by them. Several laws had been adopted by
specialized councils without passing through the Parliament. Matters
concerning the clergy were dealt with by special cdurts protecting the
clergy's privileges. It was very difficult for attorneys to function
effectively within a framework of illegality. Before Islamic Revolution
Courts no legal repesentation was possible and no appeals were admitted. In
cases of death sentences passed by these courts the defendant was never
informed of his condemnation. Such sentences were reviewed by the competent
E/CN.4/1990/2 4
page 46
section of the Supreme Court without the defendant's knowledge that he had
been sentenced to death and without any further hearings. Other sentences
were generally read out and the right to appeal existed; however in
politically sensitive cases lawyers were reluctant to plead .for the accused.
214. Another witness who requested that his name should be kept confidential
stated that he had been arrested for supporting the .Mojahedin. He described
his trial as follows: Without advance nOtice he was presented to amullah who
put some questions to him. A few minutes later he was given a verdict of two
years imprisonment. No lawyer was present. He also stated that during the
period of interrogation while waiting blindfolded for his turn he heard the
cries of many persons including a woman and her baby. This was intended to
intimidate prisoners before interrogation.
215. An engineer who requested that his name should be kept confidential
alleged that, in 1361 (1983), when he was 29 years old, representatives of the
regional Islamic Revolution Committee ransacked his home and the business he
had with his father He later started another business, but two factories he
had created were expropriated, one of them upon a decision by the local
governor and the local imain.. He had taken his case to a court which decided
in his favour However, the sentence was never accepted He promised to
forward documentation as to the veracity of the facts he had reported He
added that the many arbitrary decisions taken by the authorities and the lack
of effective legal remedies were completely paralysing the country's economy.
He also stated that two cousins of his (names provided) were executed in 1982
and 1983 respectively for no apparent reasons although there had been rumours
that they were sympathizers of the Mojahedin.
Right tp leave the country - - —
216. A translator of technical books who requested that his name should be
kept confidential stated that for the last five years he had been unsuccessful
in his attempts to obtain a passport to continue his studies abroad No
reason for the refusal was ever given His passport had been confiscated when
he tried to leave the country five years ago
217. Another witness stated that he was a former member of the Mojahedin and
therefore wished that his name be kept confidential He had been in prison
twice but wasP no longer obliged to report regularly to the Islamic RevolutIon
Committee. He had asked for a passport to leave the country, a request whiâh
had been refused so far. He believed that the reason for the refusal was his
former involvement with the Mojahedin.
Right of peaceful assembly and association
218. The Special Representative met Mr. Bazargan, Prime Minister of the first
provisional Government after the Revolution and president of the Movement for
Freedom of Iran established as a political party in 1961. He stated that the
Movement for Freedom has been kept alive despite considerable restrictions
imposed on its activities. Its newspaper had been confiscated illegally and
attempts to obtain a judicial, decision on this matter had failed; according to
an oral response by the authorities the respective file had been lost. The
offices of the Movement were confiscated in June 1988 and four of .its leading
members ‘had been arrested, including Mr. Tavassoli, a former mayor of Tehran,
who was also present at the meeting. The telephones of the Movement were
E/CN.4/l990/24
page 47
tapped and its mail was opened in clear contravention of constitutional
guarantees; moreover, Its members were frequently intimidated or harrassed.
Most, of the leading members of the Movement for Freedom and their families had
suffered from bomb explosions in their houses and the situation in the
provinces was even worse. All these limitations were aimed at cutting the
• contact. of the Movement with the population. The Movement only participated
in the first election after the Revolution but not in subsequent elections •in
which they were prevented from participating freely. He himself had for
• instance not been approved as a candidate for the presidential elections. The
legál situation of the Movement for Freedom was képtin suspense although
• article' 26 of the Constitution permitted the formation of political parties
provided they did' not violate the principles of independence, freedom,
national unity, the criteria of Islam, or the basis of the Islamic Republic.
The Parties Act was approved by Parliament in 1981, but the ccmmittee in
charge of its implementation, as provided for in article 10, was constituted
in late .1988 only. Although the Movement for Freedom had submitted all the
required information, its application had so far not been dealt with.' The
‘article 10 Coñimissión practically never met and so far had only approved the
statutes of associations and parties such as the Women's Association of the
Islamic Republic of Iran, headed by the daughter of Ayatollah Khomeini,' the
Militant Clergy Party and a third association close to the Government
• 219. The Special Representative met members of the “Association for the
Protection of Liberties and Human Rights” who described the difficulties they
were facing in their activities. They stated that the Association had been
founded' four years ago and its charter which only contained principles
recognized by the Constitution had been submitted to the Ministry of Interior
for approval Nevertheless, the Association never received an official
recognition of their'statute Last yèãt they:receiv ed forms from the
• authOrIties which were duly completed, but no reply was given to their request
for official recognition The authorities had occupied the Association's
off ices one and a half years ago and its chairman was arrested on that
occassion All attempts the Association had made to get access to printing
houses. in. order to circulate publications had been obstructed systematically.
They could, however, circulate by hand photocopies of their' ewsletter.
Similar restrictions were also experienced by other organizations trying to
promOte human rights and freedoms, such as the Movement for FreedOm of former
Prime Mitiister Bazargan. ‘
Right to legal cOunsel , ‘ ‘
220. The Special Representative visited the Bar Association where he was
received by its president, Mr. Eftekhar Jahroumi, and four members of the
Association. He was informed that the Association comprised some 2,000
lawyers in the whole country, 100 of which were women. Fifty—f i re per, cent Of
the attorneys exercised their profession in the capital. In ad'dition .400
trainees (130 women) would be eligible to become lawyers by l990. The' bar
examination could be taken with a bachelor of law degree after one year of'”'
training. Membership of the Association was mandatory for all, courts. The
president of the Association explained that the Revolutionary Council had”
passed a law concerning procedures for the establishment of professIonal
associations which was endorsed by the High Judicial Council (the functions of
which are now exercised by the Head of Judiciary). Subsequent to the changes
introduced by that law and in view of the fact that the old president and
board of the Association had either left the country or their licences had
E/CN.4/1990/24
page 48
been cancelled by revolutionary courts, he had been appointed to direct the
Association on a provisional basis. Altogether some 50 licences of members of
the Association were cancelled in the first years after the revolution; during
the past five years, however, only two such cancellations were decreed. The
provisional period would be over in 1991 at which time the members of the
Association would again be able to elect their president and board members.
The president of the Association stressed that every person could freely
choose a lawyer tà represent him before the courts. In a number, of cases the
appointment of an attorney was mandatory. The Association also provided free
legal services to penal courts in cases in which the defendant could not
afford to pay ‘for a lawyer. He recognized that in the aftermath of the
revolution the role of attorneys was not ‘viewed positively, but gradually the
situation had improved The Association was a member of the International Bar
Association, was providing health.and life insurance plans to its members on a
voluntary basis and was presently preparing a retirement plan The
Association was also giving its opinions on draft laws' at its own initiative.
221. An attorney and former judge with 30 years of professional experie 1ce
reporte'd severe restrictions of the rights stipulated in article' 14 of the
International Covenant on Civil and Political Rights, in particular before the
Islamic Revolution Courts. ‘ In general, lawyers were not admitted before these
courts and were harrassed or intimidated if they tried to insist. One
well—known case in this regard was the trial of Mr Entezam, a former
Ambassador to Sweden, accused ,of unauthorized contacts with representative's of
the United States of America. ‘But even in ordinary penal cases lawyers' had to
be very careful and he,referred to the example of one of his colleagues who'
after having asked for an additional hearing in a suit was indicted and
.--conde ed for undue.in.terference in the pro.ca.dure.. .The prac.t.ice of,,impedinE ‘ -
“la jer ”to ct as becomingworse' and extended also to other' courts such as
the special civil cOurts dealing with family questions. Héfurther ,stated
that the Bar Association had never been formally dissolved, but that some 50
lawyers were informed through official announcements in the newspapers that
they had lost their licences in accordance with rulings by Islam ic Revolution
Courts. At the beginning of the Revolution the president and most of ‘the'”
members of the' board of directors of ‘the Bar Association had either been
arrested or had fled. A' ‘new president had therefore been appointed by the
Ministry of Justice in order to get access to the Association's accounts. He
accumulated many functions including that of legal advisor to the President.
The witness further stated that lawyers like himself had to pay their
contribution to the Association but did not get any' support from it.
‘ Situation of the Baha'is ‘ -
222. The Special Represent'ative also met leading personalities of the Baha'i
community who confirmed that the situation of their members had generally
improved. Nevertheless, all religious shrines remained confiscated. In the
past year Baha'is had benefited from a more tolerant attitude on the part of
the authorities. In this connection, they handed to the Special
Representative a recent circular issued by the Prime Minister which is
reproduced in annex V.
223. The witnesses also reported that at the primary and secondary school
levels no problems had occurred in recent months. However, only four Baha'is
had been admitted to universities. It was now easier for Baha'is to obtain
business licences, but many properties remained confiscated and petitions in
E/CN.4/1990/24
page 49
‘.4
this regard were not being given due consideration. In one such case in,which
the owner of the property had also. been arrested, a court in Qom had ruled in
his favour. However, the person was still being detained at Evin prison and
• the property had not been returned.
224. Many difficulties were alsobeing faced with regard to Government
• pensions. In some such cases Baha'is had to pay back not only the pension but
also all salaries received as of the dat '. of their first Government
employment. Those who refused or were simply unable to do so had to face
severe prison sentences. Another major problem consisted in the fact that
most Baha'is were refused passports. In the past 10 months, some 1,000
persons had applied, but only three had actually received a passport. A
further 15 had been called for questioning to the President's Office without
any result to date.
Situation of the Armenian minority
225.. On Friday,. 26 January, the Special Representative visited an Armenian
association called Ararat. The association's social and cultural activities
are held in a very spacious gymnasium in a district of Tehran. During his
conversation with members of the executive board, the. Special Representative
• : ‘ , ; received information •on the activities and way of life •of this religious
minority. He was told that the life of other religious minorities is
similar. On 20 January, he also paid a brief visit to an Armenian church
during ,Sunday mass.
• 226. The. cultural and social centre he visited has 2,000 members of all ages
and the executive board and the administrators are chosen by direct vote.
Alongside the centre there is an old effclbs A flienian
church which is still in use. In September every year, the association
organizes “olympic games” at which many Armenian athletes and sports lubs
from throughout the country compete. The twenty—second olympics were held in
1989. More than 15 similar associations. are. in existence in Tehran..
227. The Armenian religious minority, consisting of about 200,000 people, is
concentrated largely in.Iehran and has smaller groups of 5,000. to 20,000
people in Isfahan, Ourmiyeh, Tabriz and Arak The Armenians have two deputies
in Parliament, one representing those from the north and another representing
those from the south. About 30,000 are registered voters. Several, candidates
present themselves for .a parliamentary seat. In Tehran, they publish a.weekl'y
intended chiefly, to report, on Armenian communities throughout. the world. The
Special Representative had an opportunity to talk with the editor of the
weekly. . . . ..
228. Both the Armenians and the other religious minorities freely practice
their religion. In Tehran, the Armenians have seven active churches and.
twelve in Isfahan.
2. Written information . . •
229. During his visit to the Islamic Republic' of Iran, the Special
Representative received hundreds of letters and other written communications,
mostly in Persian, from Iranians living in the country. Communications from
the Organization for Defending Victims of Violence were handed to the Special
Representative by the Iranian Ministry of Foreign Affairs. In view of the
•1
E/CN.4/1990/24
page 50
short time between the completion of the visit and the date on which the
present report had to be finalized, it was not possible to examine and analyse
all written communications in detail. The Special Representative has,
however, made an attempt to categorize the allegations they contain as follows:
(a) A large number of identical letters from “a group of freed political
prisoners” refute allegations of arbitrary arrest or torture and state that
former prisoners are now living a normal life as free citizens who enjoy all
the “available social advantages”. Similar letters were received from other
former prisoners writing that they were deceived and misled by the Mojahedin
and denouncing the silence and inactivity of the United Nations with regard to
their grievances. They claim that the Mojahedin no longer enjoy any popular
support, that they kill and threaten innocent people, “savagely torture
pasdars” (revolutionary guards) and collaborate with Iraq. They also accuse
the Mojahedin of compiling lists of people allegedly executed who are in fact
alive and well.
(b) In a considerable number Of letters ex—prisoners state that they
were arrested but never tortured and speak of “excellent living conditions and
humane treatment in priéOns”. Many of these letters expresá the view that the
Government effectively helped fOrmer Mojahedin to “réintegraté into èociety
and work as useful citizens”. They also emphasizethat fundamental freedoms
are respected in the Islamic Republic of Iran
(c) In a third category of letters, the writers complain about notbeing
able to keep their appointments at the United Nations Development Programme
office since they were prevented from entering. Many letters contain
al.-legat.ionsas follows..:... a.number . . red before the Special
Representative's visit and instructed to paint a rosy picture of pri on
conditions. They are said to be under close surveillance and. might returnto
prison when the Special Representative leaves the country. The conditionsin
prisons are described as deplOrable, in particular with regard to solitary
confinement, sanitary installations, heating, venti1at on, hot waterand
blankets as well as diet. The families of prisoners claim that they are
subjected to intimidation, harassment and ill—treatment during visits They
also denounce tOrture and ill—treàtmOnt of prisoners and say that when they
are told that a prisoner is in hospital this means he has been severely
beaten. it is further stated that prison directors systematically abuse their j
position and their decisions appear to prevail Over those of the judicial
authorities. Other allegations concern the raping of women who have been
sentenced to death, the denial of medical assistance to prisoners, cases of
execution after the completion of prison sentences and the virtual
impossibility for former political prisoners to find employment.
230. During the mission some 70 cables and messages were addressed both to the
Secretary—General of the United Nations and the Special Representative from
persons and organizations outside the Islamic Republic of Iran, including many
parliamentarians from Austria, Canada, Denmark, the Federal Republic of
Germany, Franôe, Italy, the Netherlands, Norway, Sweden, Switzerland and the
United States of America. Most of these communications suggested that the
duration of the visit should be extended in order to allow for a more thorough
investigation and for the hearing of more testimonies. Others made
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suggestions for the conduct of the visit and drew to the Special
Representative's attention the fact that many persons wishing to see him had
not been able to do so; still others expressed concern over threats received
by witnesses and the possible arrest of some of them.
231. While expressing his gratitude for :the many useful suggestions made, the
Special Representative recalls that the length of the visit was in keeping
with the practice established during previous fact—finding missions of a
similar nature. Due to the necessity of presenting a report to the éurrent
session of the Commission on Human ‘Rights, ” which started its delibèra ions On
the day of return of the Special Representative, and the time required for the
translation and processing of the report, an extension of the visit could not
be considered As regards the concern over possible threats to or persecution
of witnesses, reference is made to the exchange of letters between the:
Permanent Representative of the Islamic Republic of Iran •to the United Nations
and the Speáial Representative, dated 24 November 1989 (see paras. 11, 12
and 13), as well as to the aide—mémoire handed to the Deputy Minister for
Foreign Affairs on 28 January 1990 (see para 171)
V. CONCLUSIONS AND RECOMMENDATIONS
232 This final report marks a major development in the fulfilment of the
Special Representative's mandate and in the resolutions adopted by the
General Assembly and the Commission on Human Rights: the visit to the Islamic
Republic of Iran and the on—the—spot examination of the human rights
situation. For the first time since the mandate was issued, in 1984, the
Government ‘invited the ‘Special Representative to visit the Islamic Republic of
Iran
233 The Special Representative wis ies to place on record his gratitude to the
Gdvernment of the Islamic Republic of Iran for its co—operation in thecourse
of the visIt, the facilities afforded to him in his task and its eadines ' to
extend the visit, ‘although this was not possible in view of the strict
time—limits imposed by the imminent start of the Commission's work.
234. On his return to Geneva, the Speèial Representative discovered that the
press or the media attributed to him statements made following the visit to
the Islamic Republic of Iran. The Cdnunission on Human Rights should' know' hat
neither he nor any member of the group that visited the country made any
statement whatsoever. Even though he is unaware of the subétance of the''
statements attributed to him, the Special Representative would point' out most
emphatically that he made no statement whatsoever, either in public or in
private, and that he has not even spoken with anybody about the subject,
because it wa his firm intention that'the report should be drawn up without
interpretations or speculations that would' compromise its objectiveness' and '.
that nothing should be said before the Commission received it.
235. Communication between the Special'Representative and the Government of'
the Islamic Republic of Iran is at a suitably high level and there is no
topic, problem or issue that cannot be openly discussed through expeditious
channels. As a result of the visit, further possibilities of communication
were opened up.
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236. The report sets out information received before and during the visit. It
should be noted that all&gations similar to those of previous years were still
being received and that, during the period under review, there was a
considerable increase in assertions, testimony and documents about terrorism.
During the visit, terrorism also feature4 a great deal in the statements by
Iranian officials and than r witnesses.
237. The allegations of human rights violations have been arranged under
different headings,. to deal with them more easily, and the , testirnony has been
split up, where appropriate, and placed under the heading involved It was
physically impossIble to accommodate everyone who wish d to make a staterne t,
but sufficient testimony was gathered to establish or fill out the headings
into which the available information is classed. To hear all of the people
who wished to speak about their experiences, it would have been necessary to
extend the visit not only by a few days, but probably by a few weeks Some
witnesses were unable to keep the appointment they had been given. This was
due, among other things, to the people crowding outside the United Nations
Development Programme's office, who literally blocked off the path for anyone
who ,wanted to enter and they were disorderly in their behaviour.
238. Authorities and, officials contacted by the Special Representative spoke
about general issues and said the Government of the Islamic Republic of Iran
had been friendly to all nations, particularly neighbouring countries, but had
not met with a positive response They went on to speak of kinds of pressure
from abroad, help to armed gangs, terrorism, disinformation, the eight—year
war and the Jifl.y 1988 invasion Generally, their points were the
international ‘community listens to terrorist groups; br ad has
-been-and stiLl is being. manhi.ulated; United.Na,t.ions,..od.i . .es apply,two.4i erent
standards as far as human rights are concerned because for political reasons a
‘very close eye is kept on some countries, whereas others which commit serlbits
human rights violations do not come under any international monitoring
procedure
239. The Special Representative observed that there ‘is a deep split in' Iranian
society asaresult of the hectic revolutionary period and that one ,.ingredient H
in this split has been the armed struggle, in which terrorism has had a part,
sometimes with devastating effects Complaints are heard on all sides and
among all social classes, from some who deplore and condemn the armed
struggle, from others who are distressed by the punishment meted out and
reject it in the belief that. it has been applied improperly and Onderminèdthe
dignity of prisoners, and a significant number who maintain that their ideals
have been crushed and their youthful naivety has been exploited. The” meetings
of mothers and of wives of the dead'are a symbol of the social polarization:
outside the office of the United Nations Development Programme, large gioupè
of women were demonstrating against terrorism,Sto which they attributed their
troubles and the loss of their loved ones, whereas, at the other end of Tehran
at the Behest Zahra cemetery, mothers and wives of the executed were meeting, .
as they do every Thursday and Friday afternoon, to weep for their loved ones,
the executed and those buried in common graves. ‘ . . .
240. The Special Representative, as in' earlier reports, condemns terrorism in
all its forms, whatever the motive, pretext or aim. During the visit to the'
Islamic Republic of Iran, he received ample official and private information :
about the disastrous effects of this kind of political activity. However, it
has to be borne in mind that the parties to international instruments are
E/CN. 4/1990/24
page 53
States and are, of course, represented by Governments, and hence the
grievances are chiefly directed against them. By extension and in keeping
with, recent practice, it has been understood that insurgent groups should also
respect human rights,' although Govemnents recognized by the international
community and insurgents are not on the dame footing. ‘
241. The' testimony gathered reiterated complaints received in Geneva about
unlawful executions, torture, substitute prisoners, imprisonment beyond the
period specified in the sentence, spontaneous decisions by low—ranking
officials and the absence of counsel for the defence. Other witnethses st ted
the opposite because they had been arrested in the course Of clandestine
activities against the Government, had been treated leniently and subsequently
pardoned Testimony was also gathered on restrictions on the right of
association A study of the testimony, representing two different kinds of
personal expdrience and views, is in it elf illuminating.'
242 The Special Representative was able to verify that four persons shown on
lists of executed persons were still alive With a copy of the list of
executed persons, these fou people presented their identity cards, which
included photographs, and their identity was established so far as was
possible without laboratory proof Another dozen persons also maintained that
they had been included on the lists, but they did not have their identity
cards on them, when the case was examined in the course, of a collective
interview in the Hotel Azádi.” ‘
243. The allegation that political prisoners had been executed under false
charges ,of drug trafficking was given speci l attention during the visit. In
the light of the testimony receIved and published in earlier reports ‘about
such indications ‘ as hearing somebody hbut th 't h was not a drug trafficker,
the explanations given by ,the Special' Prosecutor for Drug Trafficking Of fences
and the testimony from leading figures in the political opposition who are
living in the country, the Special Representative considers it his duty to
acquaint the Commission with his conviction on this matter. , He has always
treated this information cautiously and taken it as a point' of departure for
further inquiry. Three witnesses from the political opposition, who were well
informed and spoke on otherissues that were not precisely favourable to the
Government, said they' were not aware ,of a single case ‘of a political prisoner
being executed as, if he,werea drug trafficker. It would b ' strange if,
“living' in the place and'follOwing events so'closely, such persons ‘had nat
learned of facts of such great significance. In the light of his conviction
and in all honesty, the Special Representative considers that, unless specific
proof is submitted to him in this regard, this allegation involves elements Of
speculation and he rules it out.' ‘ ‘
244. The number of executions and the guarantees of due process of law were
topics that arose in many conversations. The Special Representative
repeatedly brought up the subject of the number of executions and adduced
reasons for doing so, on the basis of international inátruxnènts and on , ‘1
humanitarian grounds. Many drug traffickers can be rehabilitated and'
reincorporated into society and should in any event enjOy the'guarantees' 6f
due process of law. Certainly the deterrent character of the executions ha
disappeared because there have been none in public ‘for five months, but many
persons, probably hundreds, are still awaiting execution. As he was leaving
the country, the Special'Representative presented a request for clemency in'
this regard. He has gained the impression that this'harsh policy could become
a good deal less severe.
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245 The guarantees of -due process of law now include appeal and review and
they are operative wirth regard to co victions in general and review usually
applies in respect of the revolutionary courts. The Supreme Court of Justice
has the last word. Criticisms are made, for some lawyers would like an appeal
to lie not only against the sentence, but against other rulings in the trial,
but this remedy does exist, and it may be broadened.
246. Admittedly, the Iranian Constitution provides for the assistance of a
lawyer and makes no exception in any case whatever However, many witnesses
speak of the absence of counsel and such testimony is still being received
The Special Representative believes h has identified two gaps that might
explain why some proceedings are held without a lawyer for the defence when
the accused person refuses to accept su h assistance or when the lawyer called
upon refuses to take over the defence The practical effects in these two
cases are that some ‘proceédiiigs, particularly trials fOr.'drug trafficking and
political of fences, may be held without counsel for the defence. The Special
Representative believes that a way of overcoming these gap should be
examined, for they turn into opportunities to make sure that there is no
defence counsel, in this connection, he would suggest that the right to legal
assistance should be declared an inalienable right and that a rule should be
adopted that no criminal proceedings maybe instituted pursuedand..compIeted
without continuous assistance from a lawyer, who would be afforded sufficient
time to gather evidence and make a pl a based on legal reasoning ar lenience
on humanitarian grounds.
247 Moreover, the testimony gathered during the visit to the Islamic Republic
of Iran repeats a number of allegations communicated to the Government in the
past In the matter of i ssuing passports, the higher authorities should look
into the way in which the lower authorities are keeping to the law and to the
regulations established by the higher authorities becauàe there may be some
problem of nforcemeñt. at the administrative level..
248. There were repetitions of allegations about prisoners completing their
sentence and still being held in custody indefinitely, and persons completing
their sentence and then being executed Testimony collected privately and
statements taken at Evin prison in the presence of prison officials again
spoke of ill—treatment and torture. The Special Representative has also
insisted that detailed replies to these and other allegations are necessary as
part of the prôcèss of studying the human rights situation.
249. The Government of the Islamic Republic of Iran has been receptive to some
criticisms made in earlier reports by the Special Representative, for example,
about public and mass executions of drug traffickers and about incorporating
in the penalty the time that has been served before the sentence is handed
down. This receptiveness indicates that dther suggestions and crIticisms
could well be taken into account;. In the course of the actual visit, the
following suggestions were, in principle, favourably received: regular visits
by the International Committee of the Red Cross to prisons throughout the
country in order to ascertain the conditions of imprisonment and, in
particular, to look into the situation of political prisoners; the possibility •
of the Centre for Human Rights providing technical assistance to the
Government of the Islamic Republic of Iran in matters pertaining to human
rights; the acceptance of a programme to identify clashes or inconsistencies
between Islamic law and international law, particularly internationally
reàognized human rights, so as to make it easier for the Iranian Government to
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ç
bring its system into line with international standards, and consideration of
requests the Speci L Repr sentative may transmit on purely humanitarian
grounds. The Specia1 'Re 'resentative handed over a request for a marked
reduction in death sentences and about the case of a person in urgent need of
medical treatment. outside prison walls.
250. The Special Representative received information on frequent clemency
measures. While this report was being cmpleted, he received from the
Permanent Mission of the Islamic Republic of Iran to the United Nations Office
at Geneva an announcement of a clemency measure for persons sentenced by.
military courts: persons sentenced to one year will be freed and longer
sentences wil.l be reduced by half.
251. The information gathered by the Special Representative in Geneva on the
situation of the Baha'is was confirmed in Tehran by the testimony of two.
members of this group. They supplied a circular from the Prime Minister,
whose duties were later taken up by the Presiden.t of the Republic, instructing
the authorities about the treatment of the Baha'is. The circular was
satisfactory to the visitors and to the other members of this faith. In
addition, the witnesses said that a ruling by the Supreme Court of Justice had
been in their favour and established a marked precedent, although it has not
yet been enforced. The' Special Representative's impression is that the
situation of the Baha'is is moving towards quite broad de facto tolerance.
252. At the.round table held at the Ministry of Foreign Affairs to sum up.th
visit, the Special Representative expressed the opinion that the Government's
next step could consist in providing detailed replies to the allegations
transmitted to it. In order for these replies to be prepared, the allegations
would have to be :iiivestigated, it might_we 1 prove that some off icial had
failed in the performance of their duties and that disciplinary measures or
punishment would be needed or, on the contrary, that it would be appropriate
to demonstrate that the allegations were inaccurate, false or mistaken. Both
the Government and the procedure established by the Commission on Human Rights
would benefit from such concrete co—operation. The visit needs to be
supplemented by these replies so that the consideration of the alleged cases
may continue and conclusions may be reached on the situation as a whole.
253. In view of these facts and considerations, it is the Special
Representative's conclusion that, in his view, the Commission should continue
to monitor the human rights situation in the Islamic Republic of Iran and that
another visit seems desirable, and even necessary, in order to broaden the
study with many cases which it was not possible •to collect, to go deeper into
situations which still call for greater knowledge of the facts and to listen
to many persons who felt disappointed because so little time was available.
