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Situation of human rights in the Islamic Republic of Iran

          
          United Nations AJRES/64/176
          General Assembly
          Sixty-fourth session
          Agenda item 69 (c)
          Resolution adopted by the General Assembly
          [ on the report of the Third Committee (A/64/439/Add.3)]
          64/176. Situation of human rights in the Islamic Republic of Iran
          The General Assembly,
          Guided by the Charter of the United Nations, as well as the Universal
          Declaration of Human Rights,' the International Covenants on Human Rights 2 and
          other international human rights instruments,
          Recalling its previous resolutions on the situation of human rights in the
          Islamic Republic of Iran, the most recent of which is resolution 63/191 of
          18 December 2008,
          1. Takes note of the report of the Secretary-General submitted pursuant to
          resolution 63/l9l, which highlights many areas of continuing concern with respect
          to the promotion and protection of human rights in the Islamic Republic of Iran and
          notes with particular concern negative developments in the area of civil and political
          rights since June 2008, and which discusses some positive achievements with
          respect to economic and social indicators;
          2. Expresses deep concern at serious ongoing and recurring human rights
          violations in the Islamic Republic of Iran relating to, inter alia:
          (a) Torture and cruel, inhuman or degrading treatment or punishment,
          including flogging and amputations;
          (b) The continuing high incidence and increase in the rate of executions
          carried out in the absence of internationally recognized safeguards, including public
          executions and executions of juveniles;
          (c) Stoning as a method of execution and persons in prison who continue to
          face sentences of execution by stoning, notwithstanding a circular from the head of
          the judiciary prohibiting stoning;
          ‘Resolution 217 A (III).
          2 Resolution 2200 A (XXI), annex.
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          A/RES/641176
          (d) Arrests, violent repression and sentencing of women exercising their
          right to peaceful assembly, a campaign of intimidation against women's human
          rights defenders, and continuing discrimination against women and girls in law and
          in practice;
          (e) Increasing discrimination and other human rights violations against
          persons belonging to religious, ethnic, linguistic or other minorities, recognized or
          otherwise, including, inter alia, Arabs, Azeris, Baluchis, Kurds, Christians, Jews,
          Sufis and Sunni Muslims and their defenders, and, in particular, attacks on Baha'is
          and their faith in State-sponsored media, increasing evidence of efforts by the State
          to identify, monitor and arbitrarily detain Baha'is, preventing members of the Baha'i
          faith from attending university and from sustaining themselves economically, and
          the continuing detention of seven Baha'i leaders who were arrested in March and
          May 2008 and faced with serious charges without adequate or timely access to legal
          representation;
          (J) Ongoing, systemic and serious restrictions of freedom of peaceful
          assembly and association and freedom of opinion and expression, including those
          imposed on the media, Tnternet users and trade unions, and increasing harassment,
          intimidation and persecution of political opponents and human rights defenders
          from all sectors of Iranian society, including arrests and violent repression of labour
          leaders, labour members peacefully assembling and students, noting in particular the
          forced closure of the Defenders of Human Rights Centre and the subsequent arrest
          and harassment of a number of its staff;
          (g) Severe limitations and restrictions on freedom of religion and belief,
          including arbitrary arrest, indefinite detention and lengthy jail sentences for those
          exercising their right to freedom of religion or belief;
          (h) Persistent failure to uphold due process of law rights, and violation of the
          rights of detainees, including defendants held without charge or held
          incommunicado, the systematic and arbitrary use of prolonged solitary confinement,
          and lack of timely access to legal representation;
          3. Also expresses particular concern at the response of the Government of
          the Islamic Republic of Iran following the presidential election of 12 June 2009 and
          the concurrent rise in human rights violations including, inter alia:
          (a) Harassment, intimidation and persecution, including by arbitrary arrest,
          detention or disappearance, of opposition members, journalists and other media
          representatives, bloggers, lawyers, clerics, human rights defenders, academics,
          students and others exercising their rights to peaceful assembly and association and
          freedom of opinion and expression, resulting in numerous deaths and injuries;
          (b) Use of violence and intimidation by Government-directed militias to
          forcibly disperse Iranian citizens engaged in the peaceful exercise of freedom of
          association, also resulting in numerous deaths and injuries;
          (c) Interfering in the right to a fair trial by, inter alia, holding mass trials and
          denying defendants access to adequate legal representation, resulting in death
          sentences and lengthy jail sentences for some individuals;
          (ci) Reported use of forced confessions and abuse of prisoners including,
          inter alia, rape and torture;
          (e) Escalation in the rate of executions in the months following the election;
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          U) Further restrictions on freedom of expression, including severe
          restrictions on media coverage of public demonstrations and the disruption of
          telecommunications and Internet technology and the forcible closure of the offices
          of several organizations involved in the investigation of the situation of persons
          imprisoned following the election;
          (g) Arbitrary arrest and detention of employees of foreign embassies in
          Tehran, thereby unduly interfering with the performance of the functions of those
          missions in a manner inconsistent with the Vienna Convention on Diplomatic
          Relations 4 and the Vienna Convention on Consular Relations; 5
          4. Calls upon the Government of the Islamic Republic of Iran to address the
          substantive concerns highlighted in the report of the Secretary-General and the
          specific calls to action found in previous resolutions of the General Assembly, and
          to respect fully its human rights obligations, in law and in practice, in particular:
          (a) To eliminate, in law and in practice, amputations, flogging and other
          forms of torture and other cruel, inhuman or degrading treatment or punishment;
          (b) To abolish, in law and in practice, public executions and other executions
          carried out in the absence of respect for internationally recognized safeguards;
          (c) To abolish, pursuant to its obligations under article 37 of the Convention
          on the Rights of the Child 6 and article 6 of the International Covenant on Civil and
          Political Rights, 2 executions of persons who at the time of their offence were under
          the age of 18;
          (d) To abolish the use of stoning as a method of execution;
          (e) To eliminate, in law and in practice, all forms of discrimination and other
          human rights violations against women and girls;
          (/) To eliminate, in law and in practice, all forms of discrimination and other
          human rights violations against persons belonging to religious, ethnic, linguistic or
          other minorities, recognized or otherwise, to refrain from monitoring individuals on
          the basis of their religious beliefs, and to ensure that access of minorities to
          education and employment is on par with that of all Iranians;
          (g) To implement, inter alia, the 1996 report of the Special Rapporteur on
          religious intolerance, 7 which recommended ways in which the Islamic Republic of
          Iran could emancipate the Baha'i community, and also to accord the seven Baha'i
          leaders held since 2008 the due process of law rights they are constitutionally
          guaranteed, including the right to adequate legal representation and the right to a
          fair trial;
          (h) To end the harassment, intimidation and persecution of political
          opponents and human rights defenders, students, academics, journalists, other media
          representatives, bloggers, clerics and lawyers, including by releasing persons
          imprisoned arbitrarily or on the basis of their political views, including those
          detained following the presidential election of 12 June 2009;
          Nations, Treaty Series, vol. 500, No. 7310.
          Ibid., vol. 596, No. 8638.
          6 lbid., vol. 1577, No. 27531.
          ‘ See E/CN.4/1996/95/Add.2.
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          A/RES/641176
          (i) To uphold due process of law rights, to end impunity for human rights
          violations, and to launch a credible, impartial and independent investigation into the
          allegations of post-presidential election human rights violations;
          5. Further calls upon the Government of the Islamic Republic of Iran to
          redress its inadequate record of cooperation with international human rights
          mechanisms by, inter alia, reporting pursuant to its obligations to the treaty bodies
          of the instruments to which it is a party and cooperating fully with all international
          human rights mechanisms, and encourages the Government of the Islamic Republic
          of Iran to continue exploring cooperation on human rights and justice reform with
          the United Nations, including the Office of the United Nations High Commissioner
          for Human Rights;
          6. Expresses deep concern that, despite the Islamic Republic of Iran's
          standing invitation to all thematic special procedures mandate holders, it has not
          fulfilled any requests from those special mechanisms to visit the country in four
          years and has not answered numerous communications from those special
          mechanisms, and strongly urges the Government of the Islamic Republic of Iran to
          fully cooperate with the special mechanisms, including facilitating their visits to its
          territory, so that credible and independent investigations of all allegations of human
          rights violations, particularly those arising since 12 June 2009, can be conducted;
          7. Invites the thematic special procedures mandate holders to pay particular
          attention to the human rights situation in the Islamic Republic of Iran, in particular
          the Special Rapporteur on extrajudicial, summary or arbitrary executions, the
          Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
          punishment, the Special Rapporteur on the promotion and protection of the right to
          freedom of opinion and expression, the Special Rapporteur on the situation of
          human rights defenders, the Working Group on Arbitrary Detention and the Working
          Group on Enforced or Involuntary Disappearances, with a view to investigating and
          reporting on the various human rights violations that have arisen since 12 June
          2009;
          8. Requests the Secretary-General to report to it at its sixty-fifth session on
          the progress made in the implementation of the present resolution;
          9. Decides to continue its examination of the situation of human rights in
          the Islamic Republic of Iran at its sixty-fifth session under the item entitled
          “Promotion and protection of human rights”.
          65th plenary meeting
          18 December 2009
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