UNITED NATIONS
E
Economic and Social .
Distr.
Council
GENERAL
E / CN. 4 / 1997 / 63
11 February 1997
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-third session
Item 10 of the provisional agenda
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 situation of human rights in the Islamic Republic of Iran,
prepared by the Special Representative on the Commission on Human Rights ,
Mr. Maurice Copithorne, pursuant to Commission resolution 1996/84 and
EXECUTIVE SUMMARY .
Economic and Social Council decision 1996/287
CONTENTS
Paragraphs
Page
1- 7 3
INTRODUCTION
. . 8 - 14
I. THE SPECIAL REPRESENTATIVE'S ACTIVITIES AND SOURCES 15 - 18
II. THE STATUS OF WOMEN . . . . . . 19 - 26
III. LEGAL SUBJECTS
A. The death penalty
B. Political prisoners/prisoners of Conscience .
C. Religious dissidents
D. Extrajudicial groups
E. Amendments to the Islamic Criminal Code
F. Other legal matters
. 27 - 43
27 - 29
30 - 31
9
9
10
32 - 34 10
. . . 35 - 36 11
. . . 37 - 38 11
. 39 - 43 12
4
6
7
GE.97-10509 (E)
E/CN. 4/1997/63
page 2
CONTENTS ( continued)
Paragraphs Page
IV. FREEDOM OF EXPRESSION . . . 44 - 47 12
V. THE FATWA AGAINST SALMAN RUSHDIE . . . . 48 - 49 13
VI. THE SITUATION OF THE BAHA'IS . . . 50 - 57 14
VII. OTHER IMPORTANT MATTERS . . . . . . 58 - 68 15
A. Human rights institutions in Iran 58 - 59 15
B. Violence outside the Islamic Republic of Iran . 60 16
C. The situation of certain religious minorities . 61 - 65 16
D. Democracy 66 - 68 17
VIII. RECOMMENDATIONS 69 - 70 17
XI. CONCLUSION 71 18
JIInex I . . . 19
E/CN. 4/1997/63
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Executive summary
1. In his earlier reports to the Commission on Human Rights and the
General Assembly, the Special Representative has noted that his function is to
bring the status of human rights in the Islamic Republic of Iran into clear
focus, providing at the same time an indication of areas in which progress is
being made and areas in which progress is needed. As he had said before, Iran
is a complex and dynamic society and, bearing in mind that space constraints
impose a need to be selective, the Special Representative is faced with a
considerable challenge. In the Special Representative's view, there is no
doubt that progress is being made in a number of sectors, but as of yet not in
all.
2. The status of women in Iran has been widely and generally critically
discussed. While the legal and practical disabilities faced by women in Iran
have been well documented, it is now clear that some change has been effected
in recent years and that there are a number of signs that further and
substantive improvements may be on the way. The Special Representative would
note particularly the positive attitude being displayed by some members of the
political elite, and the considerable public discourse under way.
3. The Special Representative notes that there is in Iran a lively debate
on many public issues, including the freedom of expression itself. The
boundaries of political correctness are being challenged by the media,
particularly by journalists and writers. However, in the Special
Representative's view, the system is not working in a way that respects the
freedom of expression. In particular, the Press Law jury system and the
existing arrangements for the approval of book and film scripts need to be
made less arbitrary.
4. While there does appear to be an atmosphere of change in the legal
system, particularly reflecting the need to articulate legal norms more
clearly, there are a number of other areas which remain to be addressed,
including the application of the death penalty, allegations that there remain
some prisoners of conscience in Iranian jails, the treatment of religious
dissidents, the rights of individuals at the pretrial phase and the public
incitement by some personages to take extrajudicial action.
S. The Special Representative notes that there has been little progress in
the matter of the Fatwa against Salman Rushdie. He also notes the continuing
concern about the situation of the Baha'is in Iran and of the situation
concerning certain other religious minorities. He urges the Government to
implement the outstanding recommendations of the Special Rapporteur on
religious intolerance.
6. The Special Representative once again notes the requests of the
Government of the Islamic Republic of Iran to the High Commissioner for Human
Rights/Centre for Human Rights in Geneva and the Crime Prevention and Criminal
Justice Branch in Vienna for technical assistance. He renews his
recommendation that sympathetic consideration be given to them.
E/CN. 4/1997/63
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7. Finally, he believes it particularly important that the Government, both
through its own conduct and through public education, actively embrace the
concept of tolerance as a vital component of humane governance and a credible
human rights system.
Introduction
8. In this his second report to the Commission on Human Rights, the Special
Representative tries to capture on paper the current state of human rights in
the Islamic Republic of Iran. Given the complex nature of Iranian society and
in particular, a form of governance that is far from transparent, this is not
an easy task, especially from outside the country. Further, he must exercise
selectivity in identifying his areas of focus, given the limitations imposed
on the length of such reports. His decisions in this regard, that is, his
priorities, may not be shared by everyone inside or outside of Iran but they
represent his best efforts within the constraints under which he works.
9. The Special Representative had been in discussion with Iranian officials
for some time concerning a second visit to Iran, an objective mentioned in his
reports to the Commission at its fifty-second session (E/CN.4/1996/59)and to
the General Assembly at its fifty-first session (A/S1/479 and Add.1) . He was
encouraged to think that an invitation would be forthcoming but, on
30 December 1996, he was informed that this was not to be. The oral message
delivered to him at that time was as follows:
‘ We welcomed the appointment by the Commission on Human Rights of
Professor Maurice Copithorne as Special Representative and perceived it
as a good opportunity for extensive cooperation. We believed that the
Commission would also be able to respond positively and adopt an
impartial and objective approach. Based on this perception, we spared
no effort to extend our fullest cooperation to the Special
Representative as well as the Special Rapporteur on freedom of opinion
and expression and the Special Rapporteur on religious intolerance by,
inter alia , inviting them to visit the country.
‘ Regrettably, the resolution adopted by vote during the
fifty-second session (resolution 1996/84) treated the question in the
traditional and subjective manner without an appropriate account of the
views of the Special Representative and thematic rapporteurs; the result
was detrimental to the renewed confidence and cooperation.
‘ Although most of the sponsors of the resolution on Iran seemed to
be inclined to introduce a more balanced resolution, a few who were
pursuing their own political objectives succeeded in obstructing a
reasonable consensus resolution. This trend indicates that the approach
adopted by the Special Representative is not commensurate to the
approach by the Commission under the present circumstances. In fact,
for those few States whose politically motivated positions have thus far
prevailed at the Commission, the reports of the Special Representative
are only relevant in so far as they reinforce their prejudgments and
pre-drawn conclusions. Hence, for the present, a further visit to the
Islamic Republic of Iran seems to be of little avail.
E/CN. 4/1997/63
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‘ We, once again, reiterate our firm conviction to continue our
full cooperation with the Special Representative in various forms and
believe that trust and confidence can be restored, provided that the
Commission reflects on this situation in accordance with its own
objectives, as set forth in a large number of its resolutions and
decisions.”
10. On the occasion that this message was delivered to the Special
Representative, he was advised that no invitation for him to visit Iran would
be forthcoming at that time. Nevertheless, if the Special Representative
wished to make enquiries about particular subjects which he judged relevant to
the human rights situation in Iran, every effort would be made to send
appropriate experts from Iran to meet with him in Geneva. In the event,
however, this was apparently not possible. Nevertheless, the Special
Represenative was provided with some written material on subjects of interest
to him. The contents have, as appropriate, been incorporated in this report.
11. The Special Representative regrets the decision of the Government of the
Islamic Republic not to invite him to visit Iran at this time, that is before
the preparation of his second report to the Commission. He indicated in his
first report that his short visit to Iran in February 1996 was an introductory
one and that a second and longer visit within 12 months was an important
element in his approach to the fulfilment of his mandate. The cooperation
being accorded on this occasion, that is in the preparation of his second
report, is no substitute for a visit to Iran. The Special Representative
believes that it is his responsibility, nevertheless, to make the best of the
situation and to prepare this report on the basis of all the information
otherwise available to him.
12. On occasion, the Special Representative has been criticized for placing
too much weight on incidents at the expense of trends. The Special
Representative accepts that incidents taken out of context can be misleading
and indeed that the media - in any society - tend to give undue weight to the
violent, to the outrageous, to the negative, to what they deem newsworthy, at
the expense of the prosaic, the positive developments that are occurring in
everyday life. The Special Representative accepts the dangers of relying on
the media and on disgruntled opponents. Used prudently, however, information
from all sources, including these, can be indicative of trends. In the case
of Iran, suggestive incidents are too numerous to ignore.
13. The liveliness of mind so characteristic of Iranians ensures that there
will be differing opinions on many subjects. And certainly in today's Iran
ambiguities abound, permitting the exploitation of what have been called
islands of liberty. However, tolerance in politics, in religion and in some
areas of lifestyle is another matter. In those sectors, freedom of expression
is more tenuous. The concept of a loyal opposition, that is the acceptance of
individuals or groups publicly exposing different and sometimes sharply
contrary views to those of the Government, has yet to be embraced to a
meaningful degree. The Special Representative has reason to believe that too
often critics of the status quo are denounced and in some cases imprisoned
under charges of common criminal conduct or of disloyalty to Islam or the
State. The term civil society is often used to describe a society in which
tolerance not only exists but is actively nourished. It is a process, a
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fundamental tenet of responsible government that must be actively embraced by
government regardless of how unpopular toleration may be from time to time
among sections of the public, sometimes large sections. Intolerance in the
name of popularism is still intolerance.
14. It is of course the mandate of a Special Representative to catalogue the
current state of human rights in the country concerned. There is another
optic through which to view human rights, a prospective one; that is to say,
as a series of goals to be achieved. The Special Representative believes this
optic should not be ignored and accordingly he attempts to identify signs of
change, both positive and negative.
I. THE SPECIAL REPRESENTATIVE'S ACTIVITIES AND SOURCES
15. On 16 April 1996, the Special Representative introduced his first report
to the Commission on Human Rights (E/CN.4/1996/59) . He returned to Geneva on
three occasions, from 28 to 31 May 1996, from 26 to 30 August 1996 and from
29 December 1996 to 8 January 1997 in order to conduct a number of
consultations, to participate in the third meeting of special rapporteurs,
special representatives, experts and chairmen of working groups of the
Commission, which took place from 28 to 30 May 1996, and to draft his interim
report to the General Assembly (A/51/479 and Add. 1) and the present report to
the Commission. On 2 and 3 September 1996, the Special Representative held
conversations in Vienna with senior officials of the Crime Prevention and
Criminal Justice Branch. On 15 November 1996, he introduced his interim
report to the Third Committee of the General Assembly in New York.
16. While in Geneva and New York, the Special Representative held
consultations with representatives of the Islamic Republic of Iran, officials
of United Nations High Commissioner for Human Rights/Centre for Human Rights
and of the Office of the United Nations High Commissioner for Refugees (IJNHCR)
and representatives of several non-governmental organizations. He also
received representations from interested persons concerning alleged human
rights violations in Iran.
17. In seeking to fulfil his mandate, the Special Representative has looked
to many sources for information, including the Government of the Islamic
Republic of Iran, other Governments, individuals, non-governmental
organizations (NGO5) and the Iranian and international media. In Geneva and
New York, the Special Representative held interviews with representatives of
several NGOs, among them, Amnesty International, Baha'i International
Community, Democratic Party of Iranian Kurdistan (DPIK) , Human Rights
Watch/Middle East, International Educational Development, Inc, League for the
Defence of Human Rights in Iran, National Council of Resistance of Iran,
Organization for Defending Victims of Violence and Organization of Iranian
People's Fedaian (Majority) .
18. The correspondence between the Special Representative and the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office in
Geneva during the period October 1996-January 1997 is set out in the annex to
the present report. It basically concerns government replies to several
requests for information by the Special Representative on individual cases.
E/CN. 4/1997/63
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II. THE STATUS OF WOMEN
19. In his report to the Commission at its fifty-second session, the Special
Representative referred to the underlying debate on the status of women in
Muslim countries and Iran in particular. He referred to the distinction made
between custom based and religion based norms. The situation of women in Iran
has been frequently described in such reports as those of the Special
Representative's predecessor, as well as those submitted at the Beijing
Conference by women's NGOs from within and outside of Iran. The legal and
practical disabilities under which women in Iran live have been clearly
outlined. The Special Representative does not consider he has anything to add
to these conclusions but instead, will look primarily at the current state of
discourse on women in Iran, as well as the prospects for change.
20. Before doing that, however, he wishes to make some more general
comments, particularly on the nature of equality. Most societies in early
stages of development viewed equality as meaning similar treatment for those
similarly situated, the so-called ‘ like” treatment model. This view of
equality defined a person by personal characteristics such as gender, race or
religion, and accorded each group different categories of rights. These
groups were judged to be ‘ unlike”, thus justifying differential treatment.
Now, however, it is widely accepted that this interpretation of equality
served to perpetuate inequality in its substantive sense, that is between
persons as human beings, and accordingly denied a full measure of human
dignity to the members of the affected groups.
21. There is also the issue of whether equality of rights equals
identicality of status, a question the Special Representative noted in his
last report. To begin with, it is clear that the projection of a relationship
of complementarity between the roles of men and women cannot be substituted
for the basic principle of equality. It is also accepted, however, that
gender equality may not require identical treatment in every case, and indeed
may require differential treatment in order to achieve substantive equality.
In short, the goal of substantive equality may require differential treatment
in order to assist affected groups to achieve this goal. The Special
Representative does not accept the non-identicality argument as a basis for
treatment that is in substantive respects discriminatory. To sum up, it is
perhaps appropriate to recall the aphorism that the rights of women are not to
be viewed as ‘ women's rights”, but as ‘ human rights”.
22. The Special Representative wishes to reiterate what he said in his first
report, i.e. that he believes that the status of women in the Islamic Republic
is indeed not equal to that of men in very many ways; there is no doubt that
universal norms are involved, and that compliance with such norms can take
account of but cannot be excused by considerations of culture.
23. Is this the end of the matter? The Special Representative thinks not.
To begin with, he would note the view of some scholars outside of Iran that
the status of women has been gradually and quietly improving from that imposed
in the aftermath of the Islamic Revolution. Such accounts point to access -
for the middle class at least - to tertiary education and to employment, to
the attitude towards family planning, and to amendments to the law with regard
E/CN. 4/1997/63
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to polygyny and divorce. In each of these areas the argument goes, there
remain serious problems, but there has at least been movement in the right
direction.
24. There are some areas in which the movement appears to be retrogressive,
such as that of ‘ improper veiling” . There appear to be differences of view,
drawing on religion and on culture, as to the appropriateness of norms
concerning hijab, and particularly the tolerance with which such norms are
applied. There are allegations of harassment by Al-Zahra teams in the way
they enforce such norms. In the Special Representative's view some more
tolerant regime needs to be introduced, one that would respect non-conforming
behaviour.
25. In Iran today, public debate on the status of women seems to be growing
more vigorous, particularly as more women speak out, and some measure of
change appears to be occurring in the legal regime. There is clearly
considerable tension on this issue and it is too early to quantify the
progress that is being made. Information in the Iranian and the international
press, as well as information supplied to the Special Representative by the
Government, offers the following straws in the wind:
(a) The election to the Fifth Majlis of 10 women members, with the
possibility of more being elected in the re-elections being held in a number
of constituencies;
(b) The election of a woman to a seat in the Fifth Majlis, with the
second highest number of votes in the Tehran constituency;
(c) The creation of a Women's Commission by the Fifth Majlis, to
consist of 13 members of whom a majority would be women;
(d) The apparently uncontroverted statements, in the context of the
current run-up to the presidential elections, that there is no religious
impediment in Islam to a woman becoming President of the Republic;
(e) The adoption by the Majlis of amendments to the law concerning
Marieh (the marriage payment owed by the husband to the wife) , a subject which
reportedly has until now been regarded as the exclusive prerogative of
clerics;
(f) The adoption of new laws or regulations on family allowances for
working and retired women, on the provision of support to working nursing
mothers and on extending pre-maternity leave to four months;
(g) Public criticism of the Guardian Council for having no women among
its members;
(h) The number of substantive articles appearing in women's magazines,
some written by clerics, appearing to advocate significant change in the
Government's attitude to women;
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(i) Continuing reports that while there may be disagreements among
women's groups about their approaches to change, there is a shared irritation
at the patriarchal control of Islamic tradition, that is to say the control by
men of the authenticity process;
(j) The recent appointment of a woman district mayor in Tehran;
(k) The announcement of a forthcoming bill on civil status and other
issues relating to the family and women;
(1) The proposal reported to be before the Cabinet that Iran accede to
the Convention on the Elimination of All Forms of Discrimination against
Women;
(m) The active discussions in New York between the Iranian authorities
and the Division for the Advancement of Women about technical assistance,
including participation in a joint workshop in Tehran in February 1997.
26. In conclusion, the Special Representative believes there is a climate
for change in Iran concerning the status of women. There is probably
considerable opposition to such a prospect both within and outside the
Government, and indeed, among those favouring change, human rights concerns
may be only one of several considerations. Further, if and when significant
change happens, it may be uneven. In sum, Iran has considerable distance to
go to bring itself into compliance with international standards, but there are
clear signs that this may be a time for progress to be made. The change must
be real and the momentum must be sustained.
III. LEGAL SUBJECTS
A. The death penalty
27. The sentence of death and/or its implementation seem to continue at a
high rate. Some external reports have asserted that the numbers in 1996 were
twice those of 1995. On several occasions the Special Representative has
asked for official statistics in this regard, but has so far received no
response. Many of the death sentences are reportedly imposed for drug
trafficking. Recently, there has been an upsurge in allegations of spying,
which can carry the death penalty, as some recent cases have.
28. The imposition of the death penalty in Iran has come in for criticism
for its apparent high rate, the range of sometimes ambiguous offences for
which it is imposed, the haste with which it is sometimes carried out and the
use of public hangings. The Special Representative would note the statement
provided to him by Iranian authorities that public execution is demanded by
neither religion nor law.
29. It is clear that the present situation with regard to the death penalty
is not in accord with international norms in this regard. The Special
Representative is concerned that on this subject it does not appear that
progress is being made towards recognizing in full measure the right to life.
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B. Political prisoners/prisoners of conscience
30. Senior Iranian officials have reiterated that there are no political
prisoners in Iran. As the term ‘ political prisoner” appears to be difficult
to define in objective terms, the Special Representative prefers the term
‘ prisoners of conscience”. This is generally defined as ‘ those who have been
detained because of their race, religion, politics, language, beliefs or for
similar reasons, and have neither used nor advocated violence”. This
definition is also open to difficulties of application chiefly because,
arguably, it requires a determination of the intent of the person or
organization effecting the detention. However, in the view of the Special
Representative, certain inferences can and should be drawn where no other
credible reason for the detention can be shown to exist.
31. There are widespread allegations that there remain at least some
prisoners of conscience in Iranian jails. The Special Representative believes
it is important that the Government address seriously allegations in this
respect brought to its attention by responsible sources. The Special
Representative will continue his existing practice of seeking information in
certain cases and expresses the hope that the Government will provide replies
which speak to the context of the allegations rather that reiterating the
narrow or ambiguous terms of the legal charges.
C. Religious dissidents
32. In his report to the Commission at its fifty-second session and to the
General Assembly at its fifty-first session, the Special Representative noted
that serious concern for the well-being of a number of clerics was being
expressed by interested groups outside the country. The Special
Representative published in his reports the names as given to him, and has
requested information about some of the cases. The information provided was
published as annex VII to document E/CN.4/1996/59. Further developments were
reported in paragraphs 32 and 33 of document A/S1/479, including some
releases. Since that time, it has been reported that Hojatolislam Sheikh
Faadhel Faadheli disappeared from his house in Qom in early September 1996.
The best estimate the Special Representative has received is that 17 clerics
are under detention.
33. The Special Representative has taken note of the information provided by
the Government with regard to these detentions. He would observe, however,
that all the other reports coming to his attention have identified a
common feature, that is, the support of most of these individuals for
Grand Ayatollah Shirazi, and the demand of those detaining them that the
detainees make a public confession that they and the Grand Ayatollah are
cooperating with foreign powers. There are also allegations of physical and
mental torture. Two of those detained are reportedly sons of the
Grand Ayatollah.
34. The Special Representative believes that notwithstanding the information
provided by the Government, there is sufficient credibility to the allegations
that further inquiry is warranted. He would therefore recommend that, as the
charges are essentially of an ordinary criminal nature, they be transferred to
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the jurisdiction of the general courts, that they be heard in public session
and the accused be accorded the declared right of all accused to independent
legal representation.
D. Extrajudicial groups
35. Most societies have clearly established procedures, often involving
police permits, for private groups to conduct their activities in public
places. The activity is usually regarded as an exercise of the right to free
expression, an important civil right. In most societies there are clearly
understood thresholds of acceptable conduct; one is the threat or use of
violence, another is taking the law into private hands, in other words
vigilantism.
36. In Iran there appear to be a number of groups, private or semi-private
in nature, which, in the espousal of particular points of view or causes, do
from time to time exceed the threshold of peaceful expression of opinion. The
Special Representative continues to receive reports of groups such as the
Arisar-e Hizbullah resorting to violence and threats of violence upon private
individuals as a means of coercion. There is a clear distinction to be made
between activity which can be categorized as peaceful exhortation of various
civic virtues, and the use of coercion. The Special Representative notes
that, according to the press, one senior cleric continues to incite such
conduct even to the point of urging the disregard of the established laws of
the country. The Government, for its part, has advised the Special
Representative that State agencies do make serious efforts to control
excessive activities by such groups. The Special Representative will follow
with interest the success of such efforts.
E. Amendments to the Islamic Criminal Code
37. In his previous reports, the Special Representative noted that a number
of changes had been made in the criminal regime in Iran, particularly with
regard to punishments. The Special Representative had received conflicting
information as to the nature of these amendments, but he had nevertheless
concluded on an interim basis that they appeared to represent a toughening of
criminal sanctions.
38. The Special Representative had hoped to discuss this matter in detail
with the Iranian authorities in the course of a visit to Iran, but this
opportunity was of course not made available to him. Nevertheless, the
Iranian authorities did provide him in January 1997 with the full text in
Persian of the amendments, which he is now having translated, and subsequently
with a review of the recent changes in English with the comment that the
regime has in fact been softened. The Special Representative will comment
further on this matter in another report.
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F. Other legal matters
The right to seek a pardon, a commutation and an appeal
39. It is not evident to the Special Representative how this right is
assured, the procedure to be followed, or the numbers of persons who benefit
from such provisions. There is a need for greater transparency in this
respect.
Presumption of innocence
40. The Special Representative notes that article 37 of the Constitution of
the Islamic Republic of Iran establishes this presumption. There is a need to
know how this critical human rights tenet is assured in practice.
Matters of proof
41. More needs to be known about the application of the four types of proof
in the Iranian legal system, confession, testimony, oath and ‘ knowledge of the
judge” . In particular, there is a widely prevalent concern that confessions
may often be obtained by coercion, and that the ‘ testimony of righteous men”
effectively excludes women and religious minorities.
Torture
42. The use of torture ‘ for the purpose of extracting confessions or gaining
information” is prohibited under article 38 of the Constitution. However,
there remain widespread allegations that such practices continue. It is
important that the Government address these allegations in a substantive
manner rather than by simple denial. One procedure open to the Government is
to refer such allegations to the Islamic Human Rights Commission, and then
publish the conclusions of the Commission.
Cruel and unusual punishment
43. There continue to be Iranian press reports of the application of
corporal punishments. Such punishments, including in particular stoning and
amputations, are clearly contrary to existing international norms. The
Special Representative agrees with those who do not accept the argument that
such punishments can be deemed lawful simply because they may have been
authorized in a procedurally legitimate manner.
IV. FREEDOM OF EXPRESSION
44. There is in Iran a lively debate about many public issues, including the
freedom of expression itself. It is clear that the sometimes implicit,
sometimes explicit, boundaries of political correctness are being challenged
by the media, particularly by journalists and writers.
45. According to information reaching the Special Representative, the number
of disciplinary actions against newspapers and magazines, their editors and
publishers, has been increasing. At least five newspapers were closed earlier
in 1996 following procedures that were said to have been inconsistent with
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Iranian law. In at least some of these cases, the closure order was
overturned on appeal. In August, disciplinary procedures were launched
against Reza Tehrani, the editor of another publication, Kevan , for publishing
false information. The editor of Adineh , Faraj Sarkouhi, reportedly
disappeared at Tehran airport for some six weeks. Mr. Sarkouhi and his
brother Ishmael were reportedly rearrested on 27 January 1997 and extracts
from a letter dated 3 January from Faraj Sarkouhi reported on his mistreatment
during his earlier detention. Mohammed Hossein Tahmasbpour, an Azeri language
poet, was reported to have disappeared and Dr. Mehdi Parham, a translator and
writer, was said to have been arrested.
46. In November, an Iranian monthly reported a speech by Ali Larijani, the
head of the radio and television organization, which appeared to espouse
tighter control over the media on the grounds that current trends could
threaten the destruction of the Islamic Republic and the Islamic State. With
regard to the publication of books, the press reported a very senior figure as
having stated stated that ‘ the criterion for the rejection of a book, is its
degree of harm; prevention of infiltration of corruption into the body and
soul of every single citizen of society is an important duty of the
Government. Therefore, as far as publication of a book is concerned, the
author does not own all the rights but there is a higher right belonging to
the masses of readers, and it is on this clear basis that the issue of
considering (censorship) of books has become an important necessity” . The
Special Representative has also noted the statement quoted in the Iranian
press in January 1997 of Ali Rabii, a member of the board of a new
journalists' association, that its objectives include the defending of ‘ the
material and spiritual rights of journalists”.
47. The Special Representative acknowledges that the line to be drawn
between the security of the State and the interests of the society on the one
hand and the right of fair comment on the other is often a matter of
controversy. A not infrequent approach is to use the courts or an independent
tribunal to determine whether the line has been crossed. Recent reports
suggest that in Iran the Press Law jury regime which does provide for appeal
to the courts is otherwise working imperfectly, and that the censorship of
books and film scripts is arbitrary. Some better regime needs to be found,
one that is independent, transparent, predictable of procedure, free of
corporal sanctions, in short, credible.
V. THE FATWA AGAINST SALMAN RUSHDIE
48. The Special Representative understands that, while the Government of the
Islamic Republic of Iran and the European Union remain in contact on this
matter, there is little progress to report.
49. The Special Representative notes that, according to an Iranian press
report in September, the Ministry for Foreign Affairs of the Islamic Republic
issued a press statement that the Government would not send agents abroad to
carry out the fatwa.
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VI. THE SITUATION OF THE BAHA'IS
50. The Special Representative has continued to receive reports of cases of
grave breaches of the human rights of the Baha'is in Iran and of situations of
discrimination against the members of this religious community, including
arbitrary detentions, refusal of entry to universities, dismissals from
employment and confiscation of properties.
51. According to the information received, 12 Baha'is continue to be held in
Iranian prisons allegedly because of their beliefs, among them
Mr. Bihnam Mithaqi and Mr. Kayvan Khalajabadi, who were visited by the Special
Representative in Evin prison in February 1996. The Special Representative
was informed that after his visit the Supreme Court confirmed the death
sentences against them. They are reported to have written to the public
prosecutor asking for the verdict to be rescinded.
52. The Special Representative was recently informed that the Supreme Court
had confirmed the death sentences imposed by the Islamic Revolutionary Courts,
on charges that reportedly include apostasy, against Mr. Dhabihu'llah Mahrami
and Mr. Musa Talibi. Mr. Mahrami has been moved from the prison of the
Islamic Revolutionary Court of Yazd to that of the Security Information
Department. Mr. Talibi has been transferred from the prison of Isfahan to
Evin prison in Tehran. Mr. Talibi was arrested on 7 June 1994 and was first
sentenced to one and a half years' imprisonment because of his membership in
the Baha'i community. However, the public prosecutor objected to the
lightness of the sentence, stating that no consideration had been given to the
fact that he had abandoned Islam and was consequently an apostate. The
Special Representative has sent a joint appeal together with the Special
Rapporteur on extrajudicial, summary or arbitrary executions to the Permanent
Representative of the Islamic Republic of Iran to the United Nations Office in
Geneva concerning the cases of Messrs. Mahrami and Talibi. The charge of
apostasy against another Baha'i, Mr. Ramidan'Ali Dhulfaqari, has not been
dealt with.
53. During 1996 the following Baha'is were arrested allegedly because of
their religious beliefs and remain in detention: Mr. Mansur Haddadan and
Mr. Kamyar Ruhi, arrested in Mashhad on 29 February 1996; Mr. Arman Damishqi
and Mr. Kurush Dhabihi, arrested in early 1996 in Gohardasht;
Mr. Babu'llah Farji, arrested on 7 October 1996 in Qa'im Shahr;
Mr. Nasir Iqaniyan, arrested in Simnan on 22 October 1996; Mr. Bihnam Rida'i,
arrested also in Simnan on 31 October 1996 and Mr. Nasir Haqtalab, arrested in
Mashhad on 31 October 1996. Mr. Bakhshullah Mithaqi, who was supposed to be
released in August 1996 according to his sentence, continues to be held in
prison. Other Baha'is were arrested and detained for short periods in various
cities of the country. The practice of summoning of Baha'is to the Ministry
of Intelligence agencies on various pretexts was also reported.
54. Cases of discrimination against Baha'is in the Iranian court system
continue to be reported. In addition to the cases mentioned in the Special
Representative's interim report (A/51/479, para. 25), the Special
Representative was informed that a recent verdict of Branch No. 23 of the
Central Public Court of Tehran prevented a Baha'i from receiving her share in
the inheritance following the death of her daughter ‘ because she has frankly
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admitted to the Court that she is a Baha'i”. The Office of the Tehran Civil
Court Registry had previously issued a certification of inheritance stating
that the only heir of the deceased was her husband ‘ because the other
inheritors are Baha'is, and subject to article No. 881 ... of the Civil Code”.
55. The Special Representative was informed that the private ownership of
property by Baha'is continues to be generally disregarded. In Yazd alone
there were reportedly more than 150 cases relating to the confiscation of
property during 1996. The majority of the Baha'is in Yazd are now prohibited
from conducting any business transactions. In Kashan, a mosque was built on
land confiscated from Baha'is. Pharmacies owned by Baha'is in Sari and
Qa'im Shahr were reportedly closed down and sealed.
56. The Special Representative considers that the implementation of the
recommendations contained in the report submitted to the Commission on Human
Rights at its fifty-second session by the Special Rapporteur on the question
of religious intolerance on his visit to the Islamic Republic of Iran
(E/CN.4/1996/95/Add.2) would constitute an important first step in the
improvement of the situation of Iranian Baha'is.
57. Specifically, the recommendations concerned the urgent revision of the
death sentences passed on Baha'is and the promulgation of amnesties or other
appropriate measures to prevent the enforcement of the penalties imposed; the
end of discrimination in the access to education in higher educational
establishments or to employment in the administration; and the elimination
from passport application forms of the question on religion, to guarantee the
freedom of movement (E/CN.4/1996/95/Add.2, paras. 107, 109 and 112) .
VII. OTHER IMPORTANT MATTERS
A. Human rights institutions in Iran
58. In response to an enquiry by the Special Representative, the Iranian
authorities provided information on the activities of the Islamic Human Rights
Commission over the past 10 months. Some of these are set out below:
(i) Pursuing issues related to minorities, including education,
property rights, passports, etc.;
(ii) Responding to problems brought to its attention by, inter alia ,
claimants through the provision of advisory services and pursuing
the matters with the judiciary. It has pursued over
1,000 complaints;
(iii) Providing human rights education for officials of the legal
system, including judges and prison guards;
(iv) Undertaking a public human rights education programme through the
mass media, etc.;
(v) Preparation of a specialized periodical on human rights to be
launched shortly;
E/CN. 4/1997/63
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(vi) Recommending the establishment of a juvenile court for Tehran,
which has now been done.
59. The Special Representative has also noted a statement by
Hojatolislam Abbasifard, the President of the Commission, in a press interview
that the Commission had proposed that all instances declared by international
organizations as human rights violations should be collected, examined and
reviewed, and a comprehensive report prepared for the authorities concerned
for necessary decisions. The Special Representative views this as a positive
development and looks forward to discussing the work of the Commission with
Hojatolislam Abbasifard in person on the occasion of a visit to Iran.
B. Violence outside the Islamic Republic of Iran
60. Information reaching the Special Representative suggests that
extraterritorial violence against Iranians continues. The Special
Representative has noted a number of these incidents in his report to the
Commission at its fifty-second session and in his interim report to the
General Assembly at its fifty-first session. In some of the resulting legal
proceedings in foreign courts, a strong connection to the Government of the
Islamic Republic is being asserted; the Government of the Islamic Republic
denies involvement in any of these incidents.
C. The situation of certain religious minorities
61. The Special Representative has received information that suggests the
leaders of certain religious minority groups are under pressure. They include
Sunni clerics of Baluchi ethnicity, some of whom appear to have died under
suspicious circumstances. Iranian officials note that Sistan-Baluchistan is
beset by drug trafficking. The most recent case brought to the Special
Representative's attention was that of Abdol-Aziz Kazemi Vajd, whose body was
found on 5 November 1996 outside of Zahedan.
62. In western Iran, Molla Mohammad Rabiei, a Sunni cleric in Kermanshah is
reported to have died in circumstances that precipitated demonstrations which
led to deaths and a significant number of arrests. The Iranian authorities
advised the Special Representative that an autopsy had concluded the death of
Rabiei was the result of a heart attack (see annex) .
63. With regard to other religious groups, the body of a Protestant
clergyman, Mohammad Bagher Yussefi, was found in suspicious circumstances in
Mazandaran. The Iranian authorities advised the Special Representative that
an investigation had concluded that the death was a suicide (see annex) .
64. The Special Representative addresses the situation of the Baha'is in a
separate section of this report (see sect. VI above) .
65. The Special Representative has in earlier reports referred to the
report of the Special Rapporteur on the question of religious intolerance
of 9 February 1996 (E/CN.4/1996/95/Add.2) and in particular the Special
Rapporteur's recommendations. The Special Representative calls upon the
Government and the Islamic Human Rights Commission to address this situation
with an urgency that reflects its seriousness.
E/CN. 4/1997/63
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D. Democracy
66. In his interim report to the General Assembly, the Special
Representative noted that the Fifth Majlis election results had been annulled
by the Guardian Council in a number of constituencies. Fresh elections are
being held in 22 constituencies on 7 February 1997. Three hundred persons
filed nomination papers.
67. The Special Representative is informed that, in accordance with the
Constitution, there will be an election for President of the Islamic Republic
in 1997, probably in June. The term is four years and there is a limit
of two terms. The presidential election law lays out the requisite
qualifications of the candidates, provides that the Guardian Council will
monitor all aspects of the election, and provides for the establishment of
a government commission to ensure equal access for all candidates to public
facilities.
68. According to the press, several candidates have declared themselves and
others are expected to do so. The Secretary-General of the Freedom Movement
of Iran is reported to have stated that that party would participate in the
elections.
VIII. RECOMMENDATIONS
69. At various places in this report, the Special Representative has
recommended certain measures to strengthen the enjoyment of human rights in
the Islamic Republic of Iran. Some of these are reiterated below in summary
form.
70. The Special Representative recommends that:
(a) The Government takes a leadership role in effecting change in
public attitudes to the status of women in Iran, and to change in the legal
regime that will lead to substantive and accelerating improvement in the
status of women.
(b) The charges against a number of Shia clerics be transferred to the
general courts, that they be heard in public session and that the accused be
accorded the declared right of all accused to independent legal
representation.
(c) The press law regime, as well as that applicable to books and
movie scripts, be reviewed as a matter of priority to introduce greater
certainty and transparency, and to ensure its independence.
(d) As there continues to be doubt about the security of certain
religious minorities in Iran, there needs to be urgent attention paid to the
1996 recommendations of the Special Rapporteur on the question of religious
intolerance.
(e) Accelerated consideration be given to Iranian requests for
international technical assistance in several areas, as recommended by the
Special Representative in earlier reports.
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IX. CONCLUSION
71. The Special Representative still believes Iran to be a dynamic
society in which, on many subjects, a wide variety of views are held and,
to varying degrees, are tolerated by the Government when expressed publicly.
Nevertheless, there is no doubt in the Special Representative's mind that
violations of generally accepted human rights norms are occurring in Iran and
that in some cases, by act of commission or omission, the Government must bear
responsibility for them. Some believe that progress is being made in this
regard and the Special Representative has tried to highlight some of the areas
in which this may be the case. Iranian authorities are quick to point to the
debilitating impact on Iran of the eight-year war and of the influx of Afghan
refugees. The implication is that, taking these factors into account, Iran is
in fact making good progress in the field of human rights. However, the
impression remains that the Government seems to believe that State and
government security have precluded a more active promotion of human rights.
It is not for a special representative to judge a Government's perception of
security considerations, but it is his mandate to point out, as is the case in
Iran, that human rights, having been left behind, now require urgent and
sustained attention.
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Annex I
CORRESPONDENCE BETWEEN THE PERMANENT REPRESENTATIVE OF
THE ISLAMIC REPUBLIC OF IRAN TO THE UNITED NATIONS
OFFICE IN GENEVA AND THE SPECIAL REPRESENTATIVE
1. Pursuant to several requests for information from the Special
Representative concerning individual cases, the Permanent Representative of
the Islamic Republic of Iran to the United Nations Office in Geneva sent the
following letters to the Special Representative.
2. By a letter dated 22 October 1996, the Permanent Representative of the
Islamic Republic of Iran to the United Nations Office in Geneva replied to a
letter from the Special Representative dated 24 July 1996 as follows:
‘ Referring to your letter dated 24 July 1996, I would like to draw
your kind attention to the following information received from Tehran:
‘ The charges of the Zendedel band, in acting against the national
security of the country, are as follows:
(a) Establishing, leading and collaborating in a network for
embezzlement, bribery, fraud and plundering public properties;
(b) Collaborating in smuggling of people with false documents;
(c) Active participation in channelling of classified military
information to foreigners, under the disguise of military contracts;
(d) Collaborating and participating in forging various
documents, including property registration documents, ID cards, marriage
certificates, letters of proxy, etc;
(e) Forging signatures as well as misappropriation of forged
documents.
After due process of law, the preliminary court found him guilty and he
was sentenced to death. At present Mr. Zendedel's case, has been sent
to the Supreme Court for review.”
3. The Permanent Representative of the Islamic Republic of Iran to the
United Nations Office in Geneva, by means of a letter dated 21 January 1997,
replied to a second letter from the Special Representative, dated
7 January 1997 concerning this case. The letter read as follows:
“With reference to your letter dated 7 January 1997, I would like
to provide you with the following information received from authorities
in Tehran:
‘ Taking into account the relevant international instruments and in
compliance with due process of law, the Judiciary has taken all
necessary actions to ensure that the defendants in the Zendedel case
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would benefit from all safeguards and get a fair trial. In fact
prolongation of the legal proceedings is but a proof of this
conviction.”
4. In response to a letter from the Special Representative dated
19 July 1996 concerning the possible execution of Mr. Rahnam Radjabi Hamvand,
the Permanent Representative of the Islamic Republic of Iran to the
United Nations Office in Geneva, by means of a letter dated 22 October 1996,
informed the Special Representative of the following:
‘ Referring to your letter dated 19 July 1996, I would like to
provide you with the following information received from Tehran:
‘ Mr. Rahman Radjaby Hamvand was arrested on charges of active
membership in an armed terrorist group, involvement in assassination of
civilian individuals, robbery and creating an atmosphere of terror in
Kurdestan Province. After due process of law, he was sentenced to death
in accordance with article 186 of the Islamic Penal Law. The death
sentence was confirmed by the Supreme Court and given the magnitude of
his crimes his appeal for clemency was not accepted. Accordingly, on
29 July 1996, the sentence was carried out in Uromieh Prison.”
S. The Permanent Representative of the Islamic Republic of Iran to the
United Nations Office in Geneva, by means of a letter dated 22 October 1996,
replied to the Special Representative's letter of 19 April 1996 concerning the
alleged arbitrary arrest of Mrs. Ashrafossadat Mir-Hosseini, as follows:
‘ Referring to your letter dated 19 April 1996, I would like to
draw your kind attention to the following information received from
Tehran:
‘ Ms. Ashrafossadat Mir-Hosseini was arrested with a warrant issued
by the court on charges of establishing a corruption centre, where she
was serving alcohol and drugs.
‘ After several days in detention, she was released on bail.”
6. On 12 December 1996, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office in Geneva sent a letter to the
Special Representative, which read as follows:
(a) All allegations about Mr. Shahram Sepehri-Fard are
categorically denied. He, a conscript serving in prison, was arrested
on 11 July 1996 on charges of immoral behaviour and maltreatment of
prisoners. After due process of law, the court found him guilty.
He was later released on 14 August 1996.
(b) Mr. Yasoubadin Rastaghari was arrested on charges of acting
against national security and public order, and disinformation. After
due process of law, he was found guilty and sentenced to ten years of
banishment. He was later pardoned and released. Committing the same
offences, he was again arrested and sentenced to five years of
E/CN. 4/1997/63
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banishment in Yazd. He then left Yazd without giving prior notice to
the relevant authorities, for which he was sentenced by the court to
two years of imprisonment. At present, he is serving his term.”
7. The Permanent Representative of the Islamic Republic of Iran to the
United Nations Office in Geneva, by means of a letter dated 29 December 1996,
transmitted the following information:
‘ On 28 September 1996, Pastor Mohammad Bagher Yussefi
(Ravanbakhsh) was found hanging from a tree in Shirgah Road in
Mazandaran Province.
‘ His corpse was sent to Mazandaran Forensic Department for
autopsy. In accordance with the autopsy report, confirmed also by
Tehran Forensic Department, he died as a result of suffocation.
‘ The police found a letter on him stating that, due to family
problems, he had decided to commit suicide and no one was responsible
for his death. The authenticity of his handwriting was confirmed by his
wife and the experts.
‘ The police also concluded that the letter had been written by
him.”
8. By letter dated 6 January 1997, the Permanent Representative of the
Islamic Republic of Iran to the United Nations Office in Geneva transmitted
the following information to the Special Representative concerning the death
of Mr. Ahmad Mir Alaee:
‘ Mr. Ahmad Mir Alaee, 53 years old, did not have any previous
criminal record. Following his death, his corpse was sent to the
Forensic Department of Isfahan Province for autopsy. A thorough
examination was carried out on his body. In accordance with the
autopsy report, there existed no bruises or any trace of suffocation.
A toxicology test was also carried out. The test indicated that there
was no trace of poisoning. At the end, taking into account all the
findings, the examining doctors concluded that heart failure was the
cause of his death.
‘ Meanwhile, his family attended a special court and stated that
regarding his death they are not suspicious of anyone.”
9. Pursuant to the Special Representative's request for information
concerning Mr. Sepehr Sanjabi, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office in Geneva sent a letter dated
21 January 1997 to the Special Representative, which read as follows:
In accordance with the inquiries by the police, the real name of
Mr. Sepher Sanjabi is Sattar Zanganeh and he has never been arrested.”
10. Lastly, by letter dated 21 January 1997, the Permanent Representative of
the Islamic Republic of Iran to the United Nations Office in Geneva informed
the Special Representative of the following:
E/CN. 4/1997/63
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‘ In accordance with the autopsy report, Mr. Molla Mohammad Rabiei
died as the result of a heart attack. The autopsy was carried out
by the Kermanshah Forensic Department and in the presence of
representatives of the judiciary, family members, some Sunni physicians
and Sunni clergy.”
11. The Permanent Representative of the Islamic Republic of Iran to
the United Nations Office in Geneva also transmitted to the Special
Representative, by letters dated 12 December 1996, 3 January 1997,
9 January 1997 and 10 January 1997, general information concerning the
judiciary, political rights and the election laws, the situation of women, the
activities of the Islamic Human Rights Commission during 1996 and information
on various subjects of relevance to the mandate of the Special Representative.
A copy in Persian of the law containing the recent amendments to the Islamic
Penal Code was also sent to the Special Representative, by letter dated
6 January 1997.
