Forty-fifth session
Agenda item 12
REPORT OF THE ECONOMIC AND SOCIAL COUNCIL
(excerpts)
Note by the Secretary-General
The Secretary-General has the honour to transmit
to the members of the General Assembly the interim report prepared by Professor
Reynaldo Galindo Pohl (El Salvador), Special Representative of the Commission on
Human Rights on the situation of human rights in the Islamic Republic of Iran, in
accordance with paragraph 14 of Commission on Human Rights resolution 1990/79 of
7 March 1990 and Economic and Social Council decision 1990/243 of 25 May 1990.
90-28544 1985-86e (E)
ANNEX
Interim report on the situation of human rights
in the Islamic Republic of Iran, prepared by the Special Representative of the Commission
on Human Rights in accordance with Commission resolution 1990/79 and Economic and
Social Council decision 1990/243
CONTENTS
Paragraphs
I. INTRODUCTION:1 —
5
II. COMMUNICATIONS BETWEEN THE GOVERNMENT OF
THE ISLAMIC REPUBLIC OF IRAN
AND THE SPECIAL REPRESENTATIVE: 6 — 26
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE :27 — 132
IV. REPORT ON THE SECOND VISIT TO THE
ISLAMIC REPUBLIC
OF IRAN :133 — 263
V. OBSERVATIONS :264
— 291
Appendices
I. NAMES AND PARTICULARS OF PERSONS
ALLEGEDLY EXECUTED IN THE ISLAMIC REPUBLIC
OF IRAN,
SUPPLEMENTARY TO THE LISTS CONTAINED
IN PREVIOUS REPORTS OF THE SPECIAL
REPRESENTATIVE (this list will be in Omid's database and does not
appear in the present version)
A/45/697
English
INTRODUCTION
1-At its forty-sixth session, the Commission on
Human Rights decided, by its resolution 1990/79 of 7 March 1990, to extend the mandate
of the Special Representative, as contained in Commission resolution 1984/54 of
14 March 1984, for a further year and requested the Special Representative to submit
an interim report to the General Assembly at its forty-fifth session on the human
rights situation in the Islamic Republic of Iran, including the situation of minority
groups, such as the Baha'is, and a final report to the Commission at its forty-seventh
session. In its decision 1990/243 of 25
May 1990, the Economic and Social Council endorsed that resolution.
2-Previously, the General Assembly had decided,
buy its resolution 44/163 of 15 December
1989, to continue its examination of the situation of human rights in
the Islamic Republic of Iran during its forty-fifth session in the light of additional
elements provided by the Commission for Human Rights and the Economic and Social
Council.
3-In compliance with paragraph 14 of Commission
on Human Rights resolution 1990.79 and in response also to the General Assembly's
decision to keep the question under consideration on the basis of additional information,
the Special Representative submits herewith his interim report on the situation
of human rights in the Islamic Republic of Iran.
4-As in previous years, the interim report concentrates
on oral and written communications with government officials and on allegations
of human rights violations from non-governmental organizations and individuals and
very briefly reports on the second visit to the country. Some of the documents received
are now under study and if the information they contain proves to be relevant, it
will be considered in the final report. Owing to the short interval between the
two reports, the interim report has been planned and written as the first part of
the final report and the two documents should accordingly be regarded as one.
5-The structure of the interim report is similar
to previous reports, and is accordingly divided into five sections: I. Introduction;
II. Communications between the Government of the Islamic Republic of Iran and the
Special Representative; III. Information received by the Special Representative;
IV. Report on the second visit to the Islamic Republic of Iran; V. Observations.
There are eight appendices.
II. Communications between the government
of the Islamic republic of Iran
and the Special Representative
A. Communications of a general nature
6-By a letter dated 24 January 1990, the Permanent Mission of the Islamic
Republic of Iran to the United Nations Office at Geneva
transmitted the text of a news release by the Islamic Republic News Agency concerning
the amnesty or reduction of the imprisonment term of a group of prisoners condemned
by military courts. According to the information provided, all those sentenced to
year-long imprisonment by the military courts would be released and the term of
those will be more than a year's imprisonment would be slashed by half. The letter
specified that the pardon was decreed on the eve of the birthday of the Prophet's
daughter Fatima Az-Zahba by the Leader of the Islamic
Republic of Iran, upon the request of the Head of the Judiciary.
7-On 6 February 1990, the Permanent Mission of
the Islamic Republic of Iran to the United Nations Office at Geneva transmitted
a letter addressed to the Special Representative by Mr. M. Mottaki,
Deputy Minister for Foreign Affairs, who, in reply to a question raised by the Special
Representative during his first visit to the country, submitted two examples of
judgements in which the High Disciplinary Court had convicted
judges of abuse of authority. The text of the judgement was as follows:
"Judgement 1/67 dated 17/1/1368 in proceedings brought by the
General Inspectorate against Hojjatolislam Shaikh Mohammad Nasiri, President
of the Islamic Revolutionary Court at Yazd.
Shaikh Mohammad was found guilty of violating the rules
of procedure while judging the case of Mr. Mohammad Gholami,
who was on trial for possession of opium, opium extract and related apparatus. He
sentenced the accused to 15 years' imprisonment, and five of which would be suspended
on payment of one million tomans. In this respect, his
judgement was unlawful and rendered him liable to disciplinary sanctions, which
the High Court decided should consist in the forfeiture of one third of the judge's
salary and other monthly emoluments for five months, in accordance with article
4 of the relevant act.
" Judgement 64/130
dated 3/6/1364 in proceedings
brought by Messrs. Ali Neiri and Vali
Neiri against Mr. Hasan Latifi, former judge at the Islamic Revolutionary Court at Langroud. Following an investigation by the General Inspectorate,
the judge was found guilty of handing down an unlawful judgement in the case of
the brothers Neiri who were on trial for the hoarding
of goods, in so far as he ordered the detention of Ali Neiri
and the confiscation and sale of the assets of Vali Neiri. The High Court imposed disciplinary sanctions consisting
in two years' imprisonment, exclusion from public office for five years and compensation,
in cash or in kind, for the losses suffered by Vali Neiri."
8-By a letter dated 2 May 1990 the Permanent Representative
of the Islamic Republic of Iran to the United Nations Office at Geneva
informed the Special Representative about the following clemency:
" On the occasion
of Eid ul-Fitr, marking the
end of the month of Ramadan on 26 April
1990, 260 convicts of the Islamic Revolutionary Court and 13 convicts
of the Special courts of the Clergy were pardoned in 14 cities in Iran.
" On 1st April 1990, the day of the Islamic
Republic of Iran, 79 convicts of the Islamic Revolutionary Courts were released
in various cities in Iran.
" On the occasion
of the Iranian New Year, on 21 March 1990,
119 other convicts of the Islamic Revolutionary Courts were also pardoned."
9-On 14 June 1990, the Permanent Representative
of the Islamic Republic of Iran to the United Nations forwarded to the Special Representative
the text of a message from Ayatollah Mohammed Taqui Ja'afari, inviting him " not in the capacity of the Special
Representative but as a scholar and a scientific and intellectual personality, to
pay a visit to Iran prior to your official visit, during which you could participate
in scientific and legal meetings arranged in your honour ..."
. By a letter dated 20 July 1990,
the Special Representative thanked Ayatollah Mohammed Taqui
Ja'afari for the kind invitation explaining that, given
the heavy schedule of academic engagements to which he had committed himself a long
time ago, it would unfortunately not be possible for him to envisage an additional
private visit before his second official visit.
10-By a note verbale
of 22 August 1990, the Permanent Mission of the Islamic Republic of Iran to the
United Nations office at Geneva informed the Special Representative of the statement
delivered by Ayatollah Mohammad Yazdi, the head of the
Judiciary of the Islamic Republic of Iran, on 10 August 1990, in which, referring
to article 35 of the Constitution of the Islamic Republic of Iran, referring to
article 35 of the Constitution of the Islamic Republic of Iran, Ayatollah Yazdi, " once again emphasized that the courts should be
held in public and they must respect the right of every party in a case to choose
his or her own legal counsel and even if the person cannot afford to secure legal
counsel, it would be provided by the Judiciary" . Moreover, a circular letter
by the Head of the Judiciary to all judicial units and authorities, dated 4 August
1990, stressing the right of the parties to a lawsuit to select an attorney in all
civil and penal courts was handed to the Special Representative by the Deputy Minister
for Foreign Affairs at Tehran and is reproduced in appendix VIII to the present
report.
11-On 11 September 1990, the Permanent Mission
of the Islamic Republic of Iran sent to the Special Representative a copy of a note
verbale it had addressed on 13 August 1990 to the International
Committee of the Red Cross (ICRC). In that note the Permanent Mission referred to
paragraph 167 of the last report of the Special Representative 1/ reflecting a suggestion
he had made to the Government concerning regular visits by ICRC 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 note verbale
stated, inter alia, the following: "
With due regard to the co-operation of the Government of the Islamic Republic
of Iran with the Special Representative of the Commission on Human Rights, the former
invites the International Committee of the Red Cross to visit the prisons."
12-By a letter dated 28 September 1990 from the Permanent Representative
of the Islamic Republic of Iran at Geneva,
the Special Representative was advised of the following measures taken by the Islamic
Republic of Iran in implantation of his recommendations:
"1. The Islamic Republic of Iran
has officially invited ICRC to visit Iran.
The invitation was submitted to the Committee through the note No. 2658 dated 13 August 1990 of this Mission.
This invitation was renewed by His Excellency Dr. Velayati,
during Mr. Sommaruga's visit to Tehran.
ICRC is presently planning for this visit.
"2. The Islamic Republic of Iran
has officially invited the Human Rights Centre to provide technical and training
assistance and, especially send an expert to give trainings on the preparation of
periodic reports that was announced in the note No. 2482 dated 30 July 1990 and underlined in Mr. Tabatabai's meeting with Mr. Mautner-Markhof.
"3. The Head of the Judiciary's general circular
letter No. 1/7553/9 dated 4 August 1990,
in which Principle 35 of the Constitution was reminded and underlined. This principle
provides for the undisputable right of the accused to appoint a lawyer for the proceedings
in the court. [See appendix VIII.]
" 4. A bill of law
was prepared according to which the period of detention of the accused prior to
the pronouncement of the verdict is included in their term of prison.
" 5. Clemency measures
have been pursued and implemented on various occasions. The details shall be presented
during your visit to Tehran.
" 6. An academic
seminar was held for "A Comparative Study of Islamic and Western Principles of Human
Rights' in which Iranian scholars, authorities, and professors participated. Furthermore,
as the Human Rights Centre has been already informed, an international seminar with
the participation of Iranian and Foreign scholars, including personalities from
the Human Rights Centre, will meet in Tehran
for the same purpose in the near future.
" 7. Preparation
of detailed and elaborate response to the accusations, allegations and claims presented
to you by various groups, that there were forwarded to the Islamic republic
of Iran by you. These responses will
be given to you during your next visit to Iran.
"8. Expansion of judicial services and works
to promote the living standard of the families of persons sentenced or accused;
that includes the creation of a special fund with the financial support of the government
and benevolent persons."
Communications concerning allegations received
by the Special Representative and transmitted to the Government
13-Since the forty-sixth session of the Commission
of Human Rights, a great number of reports alleging human rights violations, including
specific incidents and cases, have been brought to the attention of the Special
Representative. In accordance with the understanding reached during his first visit
to the country, the Special Representative transmitted to the Permanent Representative
of the Islamic Republic of Iran to the United Nations Office at Geneva by letters
dated 12 March, 7, 8, 11 and 23 May, 27 June, and 9 July 1990, several individual
cases of alleged human rights violations which, in his view, required urgent attention
of the Government. The Special Representative requested that the reported incidents
or cases be investigated and that he be informed of the results of the Governments'
inquiries, as well as of the situation of each of the persons concerned, in particular
as regards the precise charges brought against them and all relevant details of
their trials.
14-By a letter dated 26 April 1990, the Permanent Representative of the
Islamic Republic of Iran to the United Nations Office at Geneva
forwarded to the Special Representative his Government's response on one of the
individual cases transmitted to it (see para. 33 below).
15-By a letter dated 5 June 1990, the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva
provided another reply by his Government on the case of 14 persons accused of espionage
(see para. 37).
16-By a letter dated 31 May 1990, the Permanent Representative o the Islamic
Republic of Iran to the United Nations Office at Geneva
requested the Centre for Human Rights to provide him with all information available
about allegations of human rights violations in the Islamic Republic of Iran, so
that the necessary investigations could be conducted and responses provided.
17-In response to that request, by a letter date
20 August 1990, the Special
Representative sent to the Permanent Representative a memorandum containing the
main allegations, both general and in terms of individual cases, that had been brought
to his attention by various sources. The memorandum included a summary of the case
transmitted by previous letters, as well as further allegations received by the
Special Representative. It further recapitulated briefly earlier allegations as
reflected in previous reports on which the Special Representative had never received
the requested circumstantiated explanations.
18-By a letter dated 8 October 1990, a second memorandum was transmitted
to the Permanent Representative of the Islamic Republic of Iran to the United Nations
Office at Geneva containing further
allegations received by the Special Representative. When communicating the two memoranda
to the Government, the Special Representative expressed the hope that they would
facilitate preparations for his second visit to the Islamic Republic of Iran and
thus enable the authorities to discuss with him a concrete manner the situations
and incidents of which he had been seized. The allegations contained in both memoranda
are reproduced in section II of the present report.
19-By a note verbale
dated 19 October 1990, the Permanent Mission of the Islamic Republic of Iran to
the United Nations Office at Geneva transmitted the translation of a letter which
the Voice and Vision of the Islamic Republic of Iran (Television) had addressed
to the Movement for Freedom in reply to its telex dated 22 September 1990, concerning
the televised " confession" of Mr. Behbehani
(see para. 23). Relevant excerpts of the letter are as
follows:
" 1. Article 52 and paragraph b of Article
55 of the Law governing the policies of this organization clearly stipulate our
policy as follows:
"Article 52: "to enlighten
the populace about the devilish plots of the world colonialists and their internal
agents for the weakening of deviation of the Revolution'.
Article 55, paragraph b: "Denunciation
of the activities, plots and working methods of counter-revolutionary groups and
the enemy's fifth Column, and familiarizing the populace with the nature of their
thinking and practice.'
" 2. It has been
according to these Articles that the Voice and Vision of the Islamic Republic of
Iran has since the victory of the Islamic Revolution broadcast the trials and confessions
of hundreds of members of the traitorous and counter-revolutionary parties, groups,
and grouplets which have conspired in various ways against the Islamic Revolution
and the interest of the people and the country or collaborated with the enemies
of the Islamic Revolution and the Muslim people of Iran. It might as well be remembered
that during the transitional Government which was in the hands of the Freedom Movement
and of those whose members headed this organization, series of such interviews and
confessions were broadcast on the Voice and Vision. As far as we remember and the
records indicate, no response of the concerned elements has ever been broadcast.
"3. Broadcasting by the Voice and Vision
of the Islamic Republic of Iran the interview with Dr. Farhad
Behbehani represents one such example and is in line with
Article 52 and paragraph b of Article 55 of our law.
" 4. Upon receipt
of the telephone-gram No. 1-1-46/5400, dated 6/6/1369 (24 August
1990) of the Movement for Freedom, its content has been brought to the
attention of Farhad Behbehani.
While reconfirming his previous statements, he has expressed his readiness to participate
in a televised round-table with his critics and respond to their objections, and
in his own words, " Raise the curtain of other plots'.
In case of the willingness of the members of the Movement for Freedom, this organization
will undertake to hold the round-table."
Communications relating of the second visit of
the Special Representative to the Islamic Republic of Iran
Conversations with representative of the Islamic
Republic of Iran
20-On 12 July 1990, the Special Representative
met with Ambassador Sirous Nasseri,
Permanent Representative of the Islamic Republic of Iran to the United Nations Office
at Geneva. At that time, the Special
Representative mentioned that he would like to make a second visit to the country
with a view to complying with the terms of the Human Rights Commission's mandate.
He also expressed his appreciation of the Government for having allowed his first
visit to the country in pursuance of Human Rights Commission resolutions 1984/54
and 1989/66. He stressed the importance of the meetings held with officials from
the legislative, executive and judicial branches of the Government in the Islamic
Republic of Iran. He added that the visits had enabled him to maintain meetings,
conversations and contacts with a number of individuals and organizations and that
he considered them to be very useful in the implementation of his mandate.
21-The Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva told the Special Representative
that he would transmit his request to make a second visit to the country to his
Government and said that he was pleased to have had the opportunity to exchange
ideas and opinions with the Special Representative on matters relating to his mandate.
Furthermore, commenting on the request made by the Special Representative concerning
the need to receive detailed replied to the allegations of human rights violations,
he said that his Government had every intention to reply to those allegations. In
that connection he said that in order to expedite the investigation of the allegations
and ensure a prompt reply, the allegations should be stated in the clearest and
most unequivocal terms. Lastly, the Permanent Representative reiterated the assurance
of his Government's full co-operation in helping the Special Representative to implement
his mandate.
2. Written Communications
22-On 13 July 1990, the Special Representative
sent a letter to the Permanent Representative of the Islamic Republic of Iran to
the United Nations Office at Geneva stating that: " ... it would be my intention
to carry out this visit before drafting my report to the next session of the General
Assembly and I propose as dates for the visit the week 25 to 30 August 1990" .
23-On 14
August 1990, a letter from the Permanent Representative of the Islamic
Republic of Iran to the United Nations Office at Geneva
addressed to the Special Representative was received at the Centre for Human Rights,
reading as follows:
" 1. With regard
to the date of your second visit, the suitable date would be the 1 of September
1990.
" 2. While I also
appreciated the occasion we had on 12 July
1990 to exchange views on matters concerning your mandate, I may however
regret that for the lack of time, a certain number of serious questions remained
to be discussed. Therefore I asked for another meeting with you. Your proposed date
i.e. two or three days before your departure for the Islamic Republic of Iran is
too late. I am aware of your other commitments but for the seriousness of the matter,
I would be willing to have a meeting with you as soon as possible and in any place
which is convenient to you.
" 3. Concerning
the communication of the Centre for Human Rights containing all the allegations
which we were expected to receive by the end of July, you may note that we have
yet to receive it."
24-By a letter dated 20 August 1990, the Special
Representative informed the Permanent Representative of the Islamic Republic of
Iran to the United Nations Office at Geneva that health reasons prevented him from
travelling to Tehran on 1 September 1990, as suggested
by the Government, and that he would propose as soon as possible new dates for the
visit, which for the above-mentioned medical reasons, could not take place before
the end of September. The Special Representative assured the Permanent Representative
that he would make every effort to arrange for another meeting with him as soon
as feasible before his departure to Tehran.
25-By a letter dated 17 September 1990, the Special
Representative proposed the period from 6 to 11 October 1990 as new dates for the
visit, adding that he could meet the Permanent Representative at Geneva on 28 September
1990. By the same letter, he communicated a list of personalities and places that
he would like to visit and reminded him that the terms of reference of his visit
remained identical to those described in the annex to the letter addressed on 24 November 1989 to the Permanent Representative
of the Islamic Republic of Iran to the United Nations.
26By a note verbale
dated 5 October 1990, the Permanent
Mission of the Islamic Republic of Iran to the United Nations Office at Geneva
confirmed its previous oral reply that the visit could take place during the period
from 8 to 16 October 1990.
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE
27-The following paragraphs contain allegations
of human rights violations received by the Special Representative and transmitted
to the Government of the Islamic Republic of Iran by memoranda dated 20 August and
8 October 1990. The memoranda
also reproduce those alleged incidents and cases which the Special Representative
had transmitted by previous letters. Replied received from the Government with regard
to the allegations have also been reflected in this section.
A. Right to life
28-According to a report by the daily Abrar, a man condemned for fornication with a close relative
was publicly executed in Mashad. Agence France Presse reported on 16 January that, according to news received
from Tehran, a 31-year-old woman convicted
for prostitution had been stoned to death in Bandar Anzali.
On 31 January Jomhouri Islami
published a declaration of the Komiteh Commander of the
Province of West Azerbaijan,
according to which a ring of persons engaged in prostitution and corruption had
been arrested and five of them had been stoned to death. According to a death by
Ressalat on 15
February 1990, Gholam Reza Massouri was hanged in Arak for pederasty.
29-Jomhouri Islami reported
on 17 February 1990 that Bolouch Islmalel Zehi had been executed for drug trafficking. On 10 January Radio
Tehran announced that 31 persons convicted
of drug trafficking had been executed, 23 of them in Tehran,
3 at Shiraz, 3 at Sabzevar and 2 at Saveh. According
to Ressalat of 11 February, a married couple accused of
drug trafficking was sentenced to death in Saveh.
30-Dailies from various countries published the
statement of Mitra Moazez (21),
claiming that she had been forced to witness the death by burning of a 37 year old
woman and two 18 year old men in an Iranian prison. According to these reports,
they had been thrown into a furnace by guards, named Jamshid
Sohrabi and Mojtaba Halvai. Reportedly, she had been imprisoned from 1981 to 1984
for having taken part in an anti-government demonstration and had been tortured
for 85 days before being interrogated. When she was freed, she visited the family
of one of the young men, named Asghar Ghorbani Maleki, who told her that
prison guards had brought them a box containing Asghar's
ashes and that, as a consequence of the shock this had caused, the young man's father
had committed suicide.
31-Abbas Raissi, a navy
officer stationed at Chah Bahar
was said to have been arrested around September 1989 in Chah
Bahar on unknown charges. The source of the information
presumed that his arrest, as well as the arrest ofa group
of other persons, related to an incident in which a Government opponent, of whom
Mr. Raissi was a close friend and distant relative, was
smuggled out of the Islamic Republic of Iran. The group arrested at the same time
included two of the opponent's nephews as well as his brother, Mohammed Karim Naroui, who was the Head Postmaster at Chah
Bahar, and was executed at Zahedan
on 28 January 1990 (8 Bahman 1368), reportedly having been sentenced to death at
a trial the previous day. Mr. Raissi
who was detained at either Chah Bahar
or Zahnedan prison, was said to be at imminent risk of
execution; the charges brought against him were not known and no information was
available as to whether he had been tried. By a letter dated 12 March 1990, the Special Representative
requested information about the charges brought against Mr. Raissi,
whether he had been tried and, in the affirmative case, asked that all relevant
details concerning his trial and sentence be provided to him. The Special Representative
also appealed to the government, in case Mr. Raissi had
been sentenced to death, to consider granting clemency or at least to ensure that
all safeguards stipulated in the International Covenant on Civil and Political Rights,
particularly in its article 14 had been fully respected in the preceding trial.
32-According to a cable from Nicosia,
Cyprus, that appeared in the
International Herald Tribune on 29 March
1990, Abbas Raissi and Ahmed Janghi Razni were convicted of espionage,
robbery and counter-revolutionary activities and hanged in south-western Iran,
in the region of Seistan, according to reports by the
Islamic Republic News Agency.
33-By a letter dated 26 April 1990, the Permanent Representative of the
Islamic Republic of Iran to the United Nations Office at Geneva
replied that Mr. Raissi had been tried on spying charges
for collaborating with Iraq
during the imposed war and had been condemned to death. The death sentence was carried
out after due judicial process and all solemn rites were performed. The Permanent
Representative added that the relevant judicial file would be made available upon
request.
34-By a letter date 7 May 1990, the Special Representative thanked the
Government for its reply and requested the relevant judicial file concerning this
case. He reiterated his interest in examining the files in the meeting with Deputy
Minister for Foreign Affairs Mr. M. Mottaki, held at Tehran
on 9 October 1990.
35-On 28
April 1990, the newspaper Kayhan published a report by the Islamic Republic
News Agency to the effect that the Prosecutor General of the Tehran
Revolutionary Court had announced that 10 persons accused
of espionage would be executed in the next few days. Other sources reported directly
to the Special Representative that Mr. Jamsheed Amiry Bigvand, former Director of
the Marodasht Shiraz Petrochemical Laboratory, and 13
other persons had allegedly been convicted on the charge of espionage for the United
States of America, an offence for which capital
punishment might be applied. Reportedly these persons had been held for months in
solitary confinement at Evin prison, and had not been allowed to avail themselves
of legal assistance of their own choosing. It was further alleged that confessions
had been extracted under torture and that some of them had been compelled to make
extrajudicial confessions which were broadcast by the Iranian television. The Special
Representative requested to the government by a letter, dated 8 May 1990, that all
14 persons be enabled to benefit from all procedure safeguards provided for in articles
6 and 14 of the International Covenant on Civil and Political Rights and also safeguards
5 and 6 of the annex to Economic and Social Council resolution 1984/50 of 25 May
1984, entitled " Implementation of safeguards guaranteeing the rights of those
facing the death penalty" . The Special Representative
further requested information on the precise charges brought against these persons
and all relevant details of their trials. Finally, the Special Representative appealed
to the Government that, in the event that all legal remedies had been fully exhausted,
every possible consideration be given to the granting of clemency to those persons.
36-On 11 May 1990, the Special Representative,
pursuant to his letter dated 8 May 1990 and reiterating the requests expressed therein,
communicated to the Permanent Representative 10 more names of persons allegedly
belonging to the above-mentioned group of 14 as follows: Dr. Bahman Agahy, Legal Advisor of the Iranian Foreign Ministry; Hooshang Amjadi Bigvand; General Ardeshear Ashraf; Manochehr Azar, Attorny; Masoud Deadehvar, Planning Advisor
for the Iranian Oil Company; Navy Captain Kyanoosh Hakeamy; Colonel Bahram Ikany; Heshmatolah Magsoody, Clergyman/Attorney; Captain Gahraman
Malekzadeh and Colonel Masoud
Payaby.
37-By a letter dated 5 June 1990, the Permanent Representative of the Islamic
Republic of Iran to the United Nations office at Geneva
forwarded to the Special Representative the following response of the judicial authorities
of the Islamic Republic of Iran:
" According to the
article 37 of the Constitution of the Islamic Republic of Iran, and as contained
in the second paragraph of article 14 of the International Covenant on Civil and
Political Rights, no person shall be considered guilty by law unless the accusation
against him is proved by a competent court and the courts are naturally obliged
to act accordingly;
" In the light of
information received by the Islamic Revolutionary Court, those people were arrested
and tried in accordance with the law. In addition, they were entitled to appoint
a legal counsel and they duly and freely defended themselves during the trial;
" With regard to
the right of the accused to resort to high court, it should be mentioned that the
sentences issued in accordance with law could be reviewed in the Supreme Court.
Consequently, after the issuance of the verdicts all the accused requested for a
review by the court of appeal.
Investigation, therefore, was conducted on their
request and verdicts of two of the accused were referred to another court for re-examination."
38-On 19 February Radio Tehran announced that
31 persons had been executed for drug trafficking and organizing position in the
cities of Tehran, Sabzevar, Karaj,
Arak, Kerman, Boushehr, Sari,
Qom, Bakhtaran, and Rashat. Radio Tehran
supplied the names of those executed in each of those cities. Other sources stated
that the charges were formation of and participation in international drug-trafficking
bands, importing, transporting, purchase and sale of opium, heroin and hashish;
corruption and establishment of prostitution centres, perverting girls and married
women and corrupting the younger generation. According to an article which appeared
on 20 February 1990 in the newspaper,
Ettelaat, a communiqué issued by the Office of the Prosecutor
General stated that decisive legal action against the drug traffickers will continue.
The article also indicated the names of the 30 executed persons (see appendix I).
39-It has also been reported that 18 prisoners
were executed on 17 and 27 April 1990
in the City of Sanandaj. It was asserted
that they were militants who attended May-day celebrations in Sanandaj last year.
The names of 14 persons belonging to this group were given as follows: Mehdis Bolur-Forush, Jamal Cheragh-Disi, Nader Fat'hi, Seid Saleh
Hosseini, Naser Jalali, Ahmad Mohamadi, Ali Ashraf Moradi, Mohsen Othman Pour, Ahmad Parvizi,
Mohammad Rozail, Naser Sobhani, Anvar Shariati, Roya, Bakhtiari.
40-It has futher been
reported that on 14 February 1990
a judicial panel sent to Hamadan
on behalf of the Head of the Judiciary issued the following sentences:
Gholamhossein Golzar, 27 years old, discharged employee of the Agricultural
Bank of Hamadan:
74 lashes for committing robbery; 92 lashes for participation in a forbidden act,
and decapitation by the just sword of Iman Ali;
Gholamhassan Golzar, aged 28, discharged employee of the Hamadan Municipality:
74 lashes for committing robbery; 74 lashes for participation in a forbidden act,
and decapitation by the just sword of Iman Ali;
Reza Khanian, 23 years
old, fruit and vegetable centre clerk: 74 lashes for committing robbery; 50 lashes
for participation in a forbidden act; amputation of hand for committing assault
and battery and hanging by scaffold.
41-The newspaper Kayhan announced on 3 January 1990 that Khodakaram Zamani, given a retributory death sentence for the murder of Morad-Ali Rezai, was executed on the
main square of Khorramabad.
42-The newspaper Ettelaat
announced the following executions: Gholam Zanbgian and Rashid Noor-Mohammadi,
in Bakhtaran, on 6 January 1990, for murder; Ahmad Souri, for murder, on 9 January; two persons whose names were
not announced in Mashad on 1 January 1990, for murder;
and the murderer of a 13 year old girl, hanged in Ahwaz.
43-The Special Representative has been particularly
shocked of the news of the assassination on 24 April 1990 in Coppet,
Switzerland, of Mr. Kazem Rajavi, who represented the
National Council of Resistance before various United Nations bodies. All those who
knew Mr. Rajavi were deeply moved by that ill-fated occurrence.
Ob behalf of himself and his colleagues, the Special Representative
wishes to express his condolences as well as his profound concern and most forceful
repudiation of the use of blind violence in lieu of free discussion and the interplay
of ideas. Numerous communications were received allging
that the assignation was carried out by agents of the Iranian Government. According
to the Tehran Times of 26 June 1990,
Foreign Ministry spokesman Morteza Sarmadi had expressed the hope " that
the Swiss judicial officials through their thorough and fair investigation of the
case conducted away from any pre-judgement prevent materialization of conspiracies
and plots of enemies of the nation and the Government." In this connection, the Special Representative,
by a letter dated 19 September 1990, drew the attention of the Permanent Observer
of Switzerland to the United Nations Office at Geneva to resolution 1990/8 adopted
on 30 August 1990 by the Sub-Commission on Prevention of Discrimination and Protection
of Minorities. In that resolution, the Sub-Commission had expressed the wish that
all facts and circumstances of the assassination of Mr. Kazem
Rajavi would be fully investigated and that the Special
Representative include information available to him on the investigation in his
next report. The Special Representative request that he be provided by the Government
of Switzerland with any information that it would be able to make available to him
with regard to the investigation of the case. At the time of the finalization of
the present report, the Special Representative had not received the requested information.
44-The assassination of Mr. Rajavi generated fear in persons visiting the Palais des Nations to give information about human rights in
the Islamic Republic of Iran. They took extraordinary precautions so as not to draw
attention to their lives and their beliefs and asked for special police protection,
in some cases notifying the competent authorities in advance of their movements
in Geneva or requesting interviews outside
the Palais des Nations.
45-It has also been widely reported that the Iranian
Government has endorsed the death sentence pronounced by Ayatollah Khomeini against
the British author Salman Rushdie. On 5
June 1990, the Leader of the Islamic Republic of Iran, Ayatollah Ali
Khamene'i, reportedly stated that the fatwa (religious verdict) of the late Imam
Khomeini concerning the author was based on divine rulings and remained irrevocable.
46-In many communications the Special Representative
has received, it has been asserted that the families had never been officially notified
that their relatives had been executed. In addition, those that were notified were
often not told where their relatives had been buried.
47-It has been reported that as of January 1990
persons have been executed in the Islamic Republic of Iran for their homosexual
or lesbian tendency. It was asserted that at least five such executions took place
in January 1990.
48-The Special Representative has repeatedly received
expressions of fear that the serious accusations formulated against the co-signatories
of the open letter which Mr. Mehdi Bazargan, Prime Minister of the first provisional Government
of the Islamic Republic of Iran, had addressed to the President to the Republic,
could result in executions. Particular concern was expressed over a televised " confession"
by Mr. Farhad Behbehani,
a member of the dissolved Association for the Defence of Freedom and Sovereignty
of the Iranian Nation, in which he reportedly admitted connections between the association
and foreign Governments. In this connection, the Special Representative wishes to
emphasize that such extrajudicial confessions are contrary to internationally recognized
standards of due process.
49-Other individual cases were reported as follows:
Mr. Bizhan Ahmadian: It has been reported that he was shot in a street
in Babol and tha thte authorities refused to return his body to the family. Subsequently,
his parents an dsome other members of his family were
allegedly arrested;
Mr. Mohammad Fadaii:
It has been reported that he was sentenced to five years' imprisonment. At the end
of his prison term, which was spent in Meshed
prison, he was released. In 1988, allegedly without any reason, he was again arrested,
subjected to several kinds of torture, and executed;
Mr. Amir Taavoni-Ganji: It has been reported that in 1987 Mr. Taavoni-Ganji, his wife and daughter, left Iran
out of fear for their safety and liberty. When he returned for a short visit in
1988, he was immediately arrested and taken to Evin prison. In November 1989, the
prison authorities asked his family to collect his clothes and other belongings,
as he had been executed;
Mr. Mohammad Amin Danesh: It has been reported that he was executed on 12 January 1986 in Iranshahr and that his body was burned by the Guardians of the
Islamic Revolution;
Mr. Davoud Mohammadi: A former veterinarian working in the Veterinary Office
of Arak city. It has been reported that he was executed
in October 1989 on charges of drug trafficking, but that the real reason for his
execution was to be found in his political activities opposing the Government.
50-Further names of persons
who were allegedly executed, updating the lists which the Special Representative
annexed to his previous reports, were included in annexes to the two memoranda.
They are reflected in appendix I to the present report. The Special Representative
requested the Government to provide him with detailed information on the relevant
charges and trial proceedings for all persons mentioned.
B. Right to freedom from torture or cruel, inhuman
or degrading treatment or punishment; allegations concerning torture, ill-treatment
and prison conditions
51-Reports on torture and the ill-treatment during
imprisonment have continued to be received since the first visit of the Special
Representative to the Islamic Republic of Iran. It was also alleged that mutilations
and corporal punishment are being applied. In this context, it is pertinent to note
that Agence France Presse reported that, according to
Kayhan, a person convicted for robbery suffered the amputation of four fingers on
his right hand in Ghasr prison at Tehran.
On 20 January 1990, the same
news agency reported that two persons condemned for robbery had suffered the amputation
of four fingers on their right hands. The sentence was reportedly executed in front
of a large crowd that had assembled for Friday prayers.
52-By a letter dated 23 May 1990, the Special Representative inquired about
the situation of Dr. Ali Reza Nasiri, reportedly being
detained on unknown charges at a prison situated at 21, Mohsangi/Asadi Street in Mashad and suffering from an acute eye disease, resulting from
diabetes, which urgently required surgery. According to the information received
by the Special Representative, Dr. Nasiri was arrested
by the Pasdaran in Mashad in
1989. The Special Representative asked to be informed of the charges brought against
Dr. Nasiri, as well as of the relevant details of his
trial proceedings. He also requested the Government to ensure that Dr. Nasiri receives every medical treatment required for his condition.
53-By a letter dated 15 June 1990, the Special Representative inquired
about the situation of Mr. Noureddine Kianouri, former First Secretary of the Tudeh
Party, whom he met at Evin prison during his first visit to the Islamic Republic
of Iran. According to the allegations received, Mr. Kianouri
had been placed in solitary confinement shortly after the departure of the Special
Representative from Tehran and had no
longer been allowed to receive visits.
54-The Special Representative has also been informed
that Mr. Kianouri's wife, Mrs. Meriam
Feirouz, was placed in solitary confinement, despite her
advanced age and poor health.
55-In addition, the Special Representative received
the following allegations.
Jamshid Amiri-Bigvand, 52 years old, former Director of Marodasht Shiraz Petrochemical Laboratory, was arrested on 18 September 1988 in front of the above-mentioned
laboratory. Mr. Amiri was placed in solitary confinement
in Evin prison and was allegedly tortured;
Parvin Amiri-Bigvand, 51 years old, wife of Houshang
Amjadi-Bigvand, was arrested in November 1988 at her residence
in the city of West Kots
with her husband and her children. She was placed in solitary confinement for eight
months and then released. She was allegedly tortured during her stay in solitary
confinement.
Houshang Amjadi-Bigvand, 51 years old, self-employed, was arrested in
November 1988 at his residence in the city of West Kots. His children and his wife were
also arrested at the same time. He was placed in solitary confinement in Evin prison
where he was allegedly tortured. Although his general condition of health was reportedly
poor, owing to a bleeding stomach ulcer, Mr. Amjadi had
reportedly not been permitted to receive medication from outside the prison;
Reza Arbabi, 38 years
old, was reportedly arrested in 1983 and kept in Mashad
prison. On 22 June 1984, he
was sentenced to 15 years' imprisonment by the Mashad Court. Later he was transferred
to the Gohardasht prison, allegedly in a serious condition.
Since 1988, his family have no news about him;
Mr. Yagoub Bahramy. It has been reported that he was repeatedly subjected
to beatings in Ghasr prison.
Mr. Asdollah Bayat. It has been reported that he was repeatedly beaten with
cables in Ghasr prison, resulting in mental problems;
Mr. Ardeshir Bonyani. It has been reported that he was arrested in December
1989 for refusing military service. He was reportedly beaten up and his jaw broken;
Mr. Kamran Bonyani. It was reported that he had distributed pictures of
the late Shah and displayed the former Iranian flag in Valiahd
Swuare and Pole-Seyyed Khandan. Reportedly, he had been arrested by the revolutionary
guards at the house of a certain Mr. Misaghieh at Shemiran and taken to the Komiteh
in Jamaran District, where he was allegedly tortured;
as a result, his jaw and teeth were broken;
Mr. Aslan Fadavy. It has been reported that at Evin prison he suffered
severe beatings;
Mr. Masood Farjad, engineer. Security officers allegedly used burning cigarette
butts to inscribe on his back " death to opponents
of Velayate Faghih" (religious guide);
Mr. Navabali Ghaemmaghami. It has been reported that he was subjected to
various forms of sexual abuse and psychological torture in Ghom
prison. He was allegedly forced to watch other prisoners being tortured. Several
times, his clothes were reportedly soiled with the urine and excrement of other
prisoners;
Mrs. Tahere Hadadian-Zanjani, aged 53, reportedly spent more than five years
in prison, partly in solitary confinement. As a result of being flogged on the soles
of her feet with cables, and other kinds of alleged torture, she had to undergo
surgical operations;
Ms. Soraya Hagh-Shenas. It has been reported that the Procurator of Tabrix prison allegedly ordered her arrest when she refused
his sexual advanced. In prison she was allegedly flogged and forced to witness other
prisoners being tortured;
Mr. Ahmad Khanzamapour.
It has been reported that he was imprisoned from 1981 to 1986 in Evin, Gohardasht and Ghezel-Hesar prisons.
Despite the fact that he has epilepsy, he was allegedly subjected to different kinds
of torture. In particular, it was reported that he was beaten with cables, that
his genital organs were connected to electric wires and that he was forced to witness
other prisoners being tortured. Allegedly, the prison guards used to confiscate
the drugs he needed to treat his epilepsy, and when he had epileptic fits, medical
care was not provided except in the most critical situations.
Mr. Habib Maffi. It has been reported that the prison guards in Tabriz broke his teeth during beatings.
Reportedly, he also suffers from severe mental problems as a result of torture;
Mr. Ebrahim Mazroii. It was alleged that he was unlawfully imprisoned and
tortured. He reportedly filed a complaint with the authorities, but to no avail;
r. Afrasiab Pakzadegan. It has been reported
that, on two occasions at Ghom prison, he was tied to
a chair while dogs were incited to attack him.
John Pattis. A citizen of the United States of America. It is reported that he has been held in Evin prison for four
years. The prison doctors have allegedly stated that he is suffering from severe
anaemia due to malnutrition, from weight loss, loss of
hair and that his skin has a green hue;
Mr. Rahim Rahseparian. It has been alleged tha
the was forced to perform various sexual acts in Tabriz prison;
Ahmad Rashed-Marandi,
32 years old. He was arrested in 1981 at Tehran
and sent to Evin prison, where he allegedly was under constant torture. In 1983,
he was sent to Ghasr prison at Tehran.
Since 1989, the prison guards have not allowed any meetings with him. Since then
there has been no news of Mr. Rashed-Marandi;
Mr. Mostafa Salehyar. It has been reported that four prison guards sexually
abused him and that he was beaten on his genitals;
Mohammad Reza Sedaghat,
former manager at one of the Government offices. It has been reported that he is
in prison without any charge and trial, and that he has suffered from torture many
times, resulting in serious damage to his feet;
Ms. Fatema Taati-Asil. It was reported that she was arrested in 1981 on
the accusation of being a Mojahedin sympathizer. While
in prison, she was allegedly subjected to torture, resulting
in serious mental disorder. She was released in 1988, after six years of imprisonment;
Jamshid Torabi, 37 years old, was arrested in 1982 and taken to Evin
prison. There he was given a brief trial, reportedly without the presence of a lawyer
for his defence. He was sentenced to an undefined period, from 15 to 17 years' imprisonment.
Later he was transferred to Gohardasht prison, where he
was held until the spring of 1989, where he was transferred back to Evin prison.
Allegedly he has been severely tortured several times during his years of imprisonment;
Ms. Mehrangiz Yeganeh. It has been reported that she was arrested in 1981
and charged with being a Mojahedin sympathizer. She was
imprisoned for two and a half years in Tabriz
prison. IT was asserted that in prison she was subjected to different kinds of torture
and rape. Allegedly s a result of having been raped repeatedly, her intestines were
damaged and she had to undergo a surgical operation. She was hospitalized for 18
months, first in the hospital of Tabriz prison, and then in an
ordinary hospital. IT is alleged that she has not yet fully recovered.
C. Administration of justice
56-It has been reported that, although the Administrative
Regulations Governing the Revolutionary Courts and Public Prosecutor's Offices stipulates
that an Islamic revolutionary court should be presided over by a religious judge
and that it should be composed of as many as five members, in practise, such courts have consisted of only one judge discharging
his duties in a summary fashion. Allegedly, hearings before such courts have in
many instances been a matter of minutes only.
57-It has also been reported that trials before
Islamic revolutionary courts have usually taken place in secret, sometimes inside
prisons, that defendants have not usually enjoyed the right to be represented by
a lawyer, and often have not even been made aware that the proceedings were in fact
a trial and not an interrogation session.
58-It has been reported that prisoners may be
held in indefinite pre-trial detention. The principle of presumption of innocence
is allegedly not respected, particularly when the subject is accused of being a
member of an armed opposition group. It was said that lawyers generally do not accept
cases of such a nature in order not to be suspected of being armed opposition sympathizers
themselves. The absence of lawyers in political trials has been considered as one
major shortcoming in the procedures of revolutionary courts. Others were said to
consist in the denial of the right of the accused to call witnesses in their own
defence, and in the absence of the right of appeal against verdict and sentence.
In this connection, it may be recalled that, during his first visit, the Special
Representative was informed by the President of the Supreme Court of the Justice
that the right of appeal is recognized and that no exception is made in cases under
the jurisdiction of the revolutionary courts. However, Article 11/2 of the Administrative
Regulations Governing the Revolutionary Courts and Public Prosecutor's Offices precludes
the possibility of any revision being made to the judgements
of Islamic revolutionary courts. (For the explanations received from the authorities
in this regard see para. 206.)
59-It was also said that, in the proceedings of
revolutionary courts, the requirement for adequate time and facilities for the preparation
of a defence is generally not met. Reportedly, during the period of investigation,
persons to be tried before revolutionary courts are frequently held in solitary
confinement and incommunicado and are not informed sufficiently in advance of the
date of their trial. It was further alleged that in practice the Islamic revolutionary
courts give greater priority to handing out exemplary punishments than to ensuring
that the accused receive a fair trial.
60-Other reports allegedly disregard of court
sentences by arbitrary extensions of the terms of imprisonment, execution of inmates
sentences to life or imprisonment of various durations or rearrest
of persons who already completed their prison terms.
61-With regard to the administration of justice
in cases of drug trafficking, it has been reported by the newspaper Abrar that, in conformity with instructions given by the Deputy
Chief of Intelligence of the General Committees Command, since the entry into force
of a new law against drug trafficking, 50,000 drug addicts have been arrested, including
19,822 heroin addicts, 22,963 opium addicts, and 7,215 hashish addicts. According
to figures provided by Radio Tehran on 10
January 1990, out of a total number of 800,000 drug addicts in the country,
50,000 have been arrested. On 24 January
1990, Radio Tehran announced that 335 drug traffickers and pushers had
been arrested on 21 January, as well as 2,231 addicts, and that all had been handed
over to the judicial authorities.
62-The Special Representative has been apprised
of the following specific cases of alleged irregularities in the administration
of justice, which were reported as follows:
Ms. Mitra Ameli, aged
36, widow, medical doctor, daughter of Ziaedin and Aghdas. It has been reported that she was arrested on 9 October 1984 and sentenced to seven
years' imprisonment. Her husband. Mr. Anoushirvan Lofti, one of the leaders
of the Organization of Iranian People's Fedeyan, was arrested
in 1983 and executed in 1988. Her daughter, Khatereh,
was born in prison on 30 March 1984.
On 28 April 1984, the child
was given to Mitra Ameli's mother
for care outside the prison. It was reported that Ms. Ameli's
release, due in 1990 has been made contingent upon her publicly denouncing the activities
of her late husband.
Mr. Roger Cooper, British, aged
55, businessman. It has been reported that he was arrested on 7 December 1985, apparently for overstaying
his visa. He was allegedly held without charges, and was refused any consular visit
until August 1986. During the early months of his detention he was described publicly
as a British spy and was portrayed in a television interview as confessing to vague
spying charges. However, no charges have ever been announced and no public trial
held. Consular access has allegedly been inadequate. He has received only six consular
visits from members of the British Interests Section and four from members of his
family since his detention. His right to send and receive mail has reportedly been
seriously limited, although this is said to have improved in recent months. Rumours
were reported according to which he had been sentenced to two terms of imprisonment
on spying charges, with the result that he would not be eligible for release until
about 2003;
Jamshid Fadec was reportedly executed in the city of Masjed Solaiman
after four months of imprisonment and without a trial. During his time in prison
his family was not permitted to visit him;
Mehrdad Fadec. It is reported that he was executed in the city of Masjed Soliamen
after 4 months of imprisonment and without a trial. During his detention his family
was not permitted to visit him;
Mr Saeed Firooz. Accountant
in the Office of Justice Ministry in Tonekabon.
It was reported that on 3 December 1989,
10 Guardians of the Islamic Revolution went to his house, took away some of his
private documents and intimidated his wife and children. Later in the day, two Guardians
of the Islamic Revolution came to his office and took him to Nashtaroud prison, blindfolded and handcuffed. The Guardians
told him that his arrest warrant had been issued by Mr. Ramazanipour,
Public Prosecutor of the Islamic Revolution in Tonekabon.
In prison, Mr. Firooz was asked to sign some prepared
texts incriminating certain officials of the Justice Ministry and secular judges
in Tonekabon who had sentenced some Guardians of the Islamic
Revolution to death for having carried out assassinations. Mr. Firooz refused to sign the papers and as a consequence was allegedly
tortured. His wife reported the matter to the Office of the Inspectorate General
at Tehran. Two inspectors came from
Tehran and reportedly confirmed that
the prison authorities had tortured Mr. Firooz and other
prisoners. However, later the inspectors returned to Tehran
as a result of pressure exercised by higher religious authorities without concluding
their investigation. When Mrs. Firooz tried to pursue
the matter in Tehran with the Office
of the Inspectorate General, Guardians attacked and confiscated her car. Mr. Firooz subsequently managed to escape from prison;
Ms. Hura Fuladpour, aged 38, married, teacher, daughter of Ghasem and Sedigheh. It was reported
that she was arrested in February 1983 in Tehran
and sent to Evin prison. She has allegedly not been informed of the reasons and
duration of her imprisonment;
Ms. Zohreh Ghaeni. Aged about 35, widow, high school
teacher and editor of a young woman's newspaper of the Youth Organization of the
Tudeh Party, Azarakhsh.
It is reported that she was detained as she was going to a meeting at the Party's
offices in Tehran in early 1983. Her
husband, Mr. Kiumars Zarshenas,
and another 50 people were arrested on the same day. For about six months after
Zohreh Ghaeni's arrest, there
was no news of her whereabout ans
no one was able to see her. Subsequent to televised confessions by several Tudeh Party leaders, she was able to telephone her family. Two
or three months later, the authorities at Evin prison notified her family that they
would be permitted to visit her once every two weeks. She was allegedly not tried
until about three and a half years after her arrest. Her trial reportedly consisted
of her being brought before a mullah who sentenced her to eight years' imprisonment.
This sentence was to run from the date of trial and did not take into account the
period of pre-trial detention. The precise charge against her is allegedly still
not known. Reportedly, she was told by the prison authorities that she must divorce
her husband, as he was a communist and an atheist. She refused to comply and her
husband was executed in autumn 1988. During the time of the Government of the Shah,
Ms. Ghaeni spent one and a half years in prison as a result
of her political activities;
Mahmoud Hassani. Reportedly sentenced to seven years' imprisonment and
executed shortly before completion of his prison term;
Sussan Hosseinzadeh-Arabi. Born in 1962 in Rasht, was reportedly detained on 15 September 1981 and executed in the
city of Rasht
on 14 September 1989, allegedly
without any trial;
Ms Fatemeh
Hosseinzadeh-Tussi Moghadam.
Also known as Giti Azareng, aged about 40, widow,
employee of an insurance company. IT has been reported that she was arrested in
April 1983 with her two-year-old son, who was imprisoned with her but later released
and handed over to relatives. She was sentenced to 13 years' imprisonment, apparently
for having links with the Tudeh Party. Her husband, Saeed Azarang, was executed in the
latter part of 1988;
Ms Fatemeh Izadi. Aged approximately 40, widow, medical
doctor. It was reported that she had been a political prisoner under the
Shah's regime and was again arrested in February 1983, at the same time as her husband,
Mr. Fariborz Salehi, for activities
in support of the Organization of Iranian People's Fedeyan.
Her husband was executed in 1988. She was sentenced to 20 years' imprisonment after
a summary trial. While in prison, she allegedly contracted tuberculosis.
Mahin Jahangiri. 26 years old, was reportedly imprisoned in 1981 in
Semiron. After approximately 35 days in prison, she was
allegedly executed without trial;
Mohammed Gholi Jahangiri. 24 years old, was imprisoned in 1981 in Semiron, and allegedly without a trial, was executed after 35
days in prison;
Mr Amir Houshang Kamrani.
It has been reported that he was arrested in 1984. In 1986 he was sentenced to 30
years' imprisonment. Since 1988 he has not been allowed to receive visits. His present
whereabouts are unknown;
Ms Malekeh Mohammadi. Aged about 65, widow, journalist, and editor of the
Tudeh Party newspapers Mardom
and Donya. She was arrested in April 1983, along with
Meriam Firouz, and sentenced
to death, but the sentence was later commuted. The charges on which she was convicted
are unknown. She was married to Mohammad Pour-Hormozan,
a leading Tudeh Party figure, who was executed in the
autumn of 1988;
Seyyed-Mehdi Nasry. 64 years old. It has been reported
that he has been detained since 24 April
1988 without any charge or trial, allegedly because his son was a Mojahedin supporter;
Mr Mohammad-Taghi Rahimpour. Assistant lieutenant in the Army. It was reported that he was
arrested in 1981, allegedly because the Guardians of the Islamic Revolution were
unable to arrest his wife, Ms. Zahra Nouri, accused of
being a Mojahedin sympathizer. In 1982, he was sentenced
to life imprisonment in a summary trial which reportedly lasted five minutes.
Ali Reza Rajai. Born
in 1957, was reportedly executed in 1989 after six years of detention in Evin, Gohardasht, and Ghezel-Hesar prisons.
Reportedly, he had been sentenced to only five years;
Ms Manijeh Riazi. Aged 36, married, student, daughter
of Jaber. It has been reported that she was arrested in
June 1981, sent to Evin prison and sentenced to two years' imprisonment. At the
end of the two years, she was again questioned but not released. She has allegedly
not been told why and how long she must remain in prison;
Ms Faezah Sabetjahromi. Aged 33, married, student, daughter
of Fathali and Ehteram.
It has been reported that she was arrested in 1983 in Hesarak,
Karaj, with
her six month old son. The child was in prison up to school age. Ms. Sabetjahromi was sentenced to 10 years' imprisonment. She is
the wife of Mr. Ebrahim Avakh,
leader of the Organization of Revolutionary Workers of Iran;
Ms Fatemeh
(Zohreh) Sadigh Tonekaboni. Widow, teacher.
It was reported that she had spent over five years in prison during the Shah's Government,
but had not been released at the time of the revolution. She was re-arrested in
1983. It is not known whether she has been tried or sentenced since then;
Mohammad Reza Sedaghat.
It has been reported that he is in prison without any charge or trial;
Mehdi Vosooghian. Reportedly arrested in 1985 and sentenced to four
years' imprisonment. After the first year he was tried again and convicted for 12
years. In June 1988, he was reportedly executed.
Freedom of opinion, expression, press, and association
and right to peaceful assembly
63-It has been reported that the Government continuously
intervenes in the free flow of information in the form of letters, telegrams, telexes,
and telephone conversations. In this connection it was alleged that a large number
of disabled veterans have been hired and placed in the communications offices throughout
the country to monitor telephone conversations between citizens. Letters coming
in and going out of the country are allegedly routinely opened.
64-It has also been reported that printing houses
are required to obtain the previous formal permission of the Ministry of Culture
and Islamic Guidance for all publications and that printing paper is attributed
by the Ministry only to those publishing houses whose publications have been approved.
65-On 27 June 1990, the Special Representative
sent a letter to the Permanent Representative of the Islamic Republic of Iran to
the United Nations Office at Geneva expressing concern about reports received according
to which a number of co-signatories of an open letter which Mr. Mehdi Bazargan, Prime Minister of
the first provisional Government of the Islamic Republic of Iran, together with
89 other persons, recently addressed to the President of the Republic, had been
arrested. The names of some of the detained co-signatories of the open letter were
given as follows: Abdol Ali Bazargan
(son of Mehdi Bazargan), Ezzatollah Sahabi (former Director
of Planning and Budget), Reza Sadr (former Minister of
Trade), Hussein Bani Assadi
(former Vice-Prime Minister), Shams Shahshahani (former
Prosecutor of Tehran), Nour Ali Tabandeh
(lawyer and former Vice-Minister of Justice), Yadollah
Chamse Ardallan, Ali Ardalan, Rochan Ardalan, Farhad Behbahani, Abbas Ghaem Sabahi, Khossro Mansourian, Hashem Sabaghian, Ezatollah Hamede Sahabi, Mohammad Tavassoli, and Akbar Zarrinehbaf. The Special Representative requested the Permanent
Representative of the Islamic Republic of Iran to provide him with information about
the arrest of these persons, the charges brought against them and about the Association
for the Defence of Freedom and Sovereignty of the Iranian Nation, which had been
allegedly dissolved as a consequence of the open letter. The Special Representative
requested assurances that any persons arrested in the above context would receive
humane treatment while in detention and benefit from all procedural safeguards provided
for in the International Covenant on Civil and Political Rights.
66-On 9 July 1990, the Special Representative
transmitted the following additional names of persons allegedly arrested as a consequence
of the open letter: Mr. Habib Davaran,
Mr. Naim Pour, Mr. Amir Tavakol Ebrahimi, Mr. Hossein Shah Hosseini, Mr. Nezamedine Movahed, Mr. Mahmoud Maleki, Mr. Hormoz Momayezi, Mr. Said Sadr, Mr. Hamid Sadr, Mr. Khosrow Parsa, Mr. Ahmad Shayegan, Mr. Mahmoud Habibi, Mrs. Shahin Parsa, and Mrs. Azar Sadr. He also reiterated the
requests made in his letter of 27 June
1990. On 8 October 1990,
the following additional names of allegedly arrested persons were communicated to
the Governments: Mr. Abedi Rahim,
Mr. Ghaemossabahi-Abbas, Mr. Yekta
Habib, Mr. Gorgi Ali and Mr.
Gharavi Asghar.
67-On 12 July 1990, the Special Representative
heard the testimony of Mr. Aboulfaz Khorassani Nejad, who said he was
a political science graduate and a reporter for an evening newspaper. He said that
his journalistic activities had caused him serious problems: on the one hand, his
articles were often censored or not printed and he was not entirely free to practise his profession. On the other hand, because of his articles,
he received many letters containing threats from the Mojahedin,
which considered him a collaborator of the Government without realizing that his
articles were often rewritten. In 1981, he and his wife were assaulted by two individuals
armed with revolvers who shot at them. As a result of that attack, his wife died.
68-Another person interviewed the same day said
he had belonged to the Tudeh Party and carried out political
activities in the north of the country on the border with the Union
of Soviet Socialist Republics. In September 1983,
he had been arrested and had been in prison until February 1988.
69-Many press reports, publications of opposition
groups abroad and reports from Iranian sources told of clashes between demonstrators
and Pasdaran on the outskirts of Shiroudi
Stadium in Tehran. The incidents were apparently set off by the cancellation of
the soccer games and the fans' protests turned into political protests. The people
demonstrating shouted their opposition to the Government and hurled stones against
cars and buildings. Official sources acknowledged the arrest of some 30 demonstrators
and added that they were released after interrogation. However, information from
other sources accused the Revolutionary Guards of shooting into the crowd indiscriminately
in addition to arresting many demonstrators and added that 10 persons died in those
incidents and were secretly buried in unmarked graves in Behesht-Zhara
Cemetary.
70-On 17 April 1990, the Times of London printed
a cable from Tehran saying that the police had arrested 65 people in the northern
quarter of Tehran because they were shouting political slogans and disturbing public
order. The same dispatch told of the arrest of the group alleged hooligans attending
the funeral of Aref Valizadeh,
who had been killed by the police on Monday, 16 April, when they tried to arrest
him.
71-The National Resistance Movement of Iran announced
that Mr. Shapour Bakhtiar had called for peaceful marches
along the main avenues of all Iranian cities on Friday, 18 May, from 10 a.m. to
noon to demand that the Government hold free elections under United Nations supervision.
On 21 May 1990, Mr. Shapour Bakhtiar told the Director of the Centre for Human Rights
that peaceful demonstrators who had responded to his call to march for free elections
had been attacked and beaten by groups supporting the Iranian regime although they
had not shouted slogans of any kind.
72-On 19 February 1990, Kayhan International published
a report that the Ministry of the Interior had authorized three political parties
and associations to function: Hedayet-e-Islami (Islamic
Guidance), headed by Darius Zargari Marandi; the Islamic Association of Graduates of the India-Pakistan
Subcontinent, whose president's name was not given; and the Society of Zoroastrian
Priests, headed by Ardeshir Azarghoshasb.
E. Freedom of movement; right to leave one's
country and to return
73-It has been reported that the Government is
maintaining a computerized list of nearly 35,000 names of Iranian citizens who are
forbidden to travel abroad. Those Iranians allowed to travel abroad have to pay
heavy exit duties and passport fees in addition to airport tax. The reported amounts
are as follows: exit duties, $US 625; passport fees, $US 275; airport tax, $US 2,500.
A person leaving for a second time during a calendar year is reportedly obliged
to pay double the amount of exit fees. Travel agencies, when issuing tickets, are
reportedly required to register the travellers' name and
address, their destination and place of sojourn, and to report it to the security
authorities.
74-The Special Representative has received the
following complaints of an individual character:
Bahieh Shahidi, 75 years old, housewife. In August 1988, while departing
Mehr-Abad to the United
States of America, she was reportedly prevented
from boarding the aeroplane. Her passport was confiscated
under the charge of being a Baha'i, irrespective of the fact that in her passport
application she had declared herself as Moslem. She was allegedly told by the authorities
that she would be permitted to leave the country if she was willing to sign a statement
that she was not a Baha'i. She signed such a statement, but the confiscated passport
was never returned to her and she was not permitted to leave the country. All her
children are living in the United States of America.
Reza Hadipanah, Iranian
resident in the United States of America,
sent his passport for renewal to the Iranian Interest Section at the Algerian Embassy
in Washington, D.C.
in November 1984. He received a letter from the Interest Section stating that his
passport had been confiscated because he had participated in anti-government protests.
F. Allegations of intimidation or reprisal
75-In its resolution 1990/76, adopted on 7 March
1990, the Commission on Human Rights condemns all acts of intimidation or reprisal,
in whatever form, against private individuals and groups who seek to co-operate
with the United Nations and representatives of its human rights bodies, or who have
sought to avail themselves of procedures established under United Nations auspices
for the protection of human rights and fundamental freedoms. It further requests
all representatives of United Nations human rights bodies reporting on violations
of human rights to the Commission or to the Sub-Commission on Prevention of Discrimination
and Protection of Minorities, in the exercise of their respective mandates, to take
urgent steps, in conformity with their mandates, to help prevent the occurrence
of intimidation or reprisal, and to devote special attention to the question in
their respective reports of the Commission or the Sub-Commission.
76-The Special Representative has received the
following complaints about cases of intimidation or reprisal:
Achea Ahmadi. It is reported that the family of this person, who was
executed in mid-1988, was warned by the prison authorities of the consequences they
would face in case news of the execution was made public;
Noureddin Kianouri, former first secretary of the Tudeh
Party, and his wife Meriam Feirouz.
It is reported that, shortly after his meeting with the Special Representative at
Evin prison, during which, inter alia, he asserted to
have been subjected to torture, Mr. Kianouri was placed
in solitary confinement and has no longer been allowed to receive visits. It was
also reported that the same treatment has been applied to Mr. Kianouri's wife;
It was also alleged that, during the Special Representative's
first visit, several persons who had tried to contact him at the UNDP Office at
Tehran had been prevented from doing so by Government agents who took them for questioning
to various Komiteh installations. In particular, it was
reported that a husband and wife (names provided to the Special Representative)
had been taken in this manner to a Komiteh at Mottahari Avenue in central Tehran,
where they were questioned, intimidated and asked to sign a written commitment not
to contact the Special Representative or any member of his team. According to the
report, these persons subsequently received several death threats over the telephone
and were repeatedly summoned by the Komiteh. It was also
said that a great number of potential complaints (former political prisoners or
relatives of executed persons) were also threatened over the telephone or summoned
to Komiteh installations or the revolutionary prosecutor's
office and ordered, under threats of imprisonment or execution, to keep away from
the Special Representative.
77-In a letter dated 23 March 1990, Mr. Bazargan, former Prime Minister of the first provisional Government,
told the Special Representative that in letters dated 15 and 16 February 1990 to
the Prosecutor General of Tehran and the Minister of the Interior respectively,
Mr. Tavassoli had reported that he and his family had
received threats and abusive telephone calls in the days following his conversations
with the Special Representative. He had attached copies of the letters.
78-On 13
July 1990, the Special Representative had an interview with a witness
who requested that his name be kept confidential. The witness stated that after
the Special Representative had left Tehran,
family members and relatives of the witnesses who had testified before the Special
Representative had received threats or had been arrested. He stated further that
some prisoners who had appeared before the Special Representative had been tortured
and received death threats. At the request of the Special Representative, the witness
undertook to provide specific and detailed information about the acts he had denounced.
G. Situation of women
79-According to reports received by the Special
Representative, women in the Islamic Republic of Iran have suffered from various
acts of discrimination. Unequal treatment meted out to women have
been alleged in the following particular areas.
80-In the family context it has been reported,
inter alia, that a husband, father or brother may kill
his wife, daughter or sister when she commits an immoral or unchaste act. Further,
in case of dissolution of marriage, a mother's right of custody over her children
was said to be limited to the son under two years of age and the daughter under 7 years, even when the father has died.
81-In the area of equal opportunities for women,
it was alleged that women have no access to certain fields of study, e.g. graphics,
visual communications and cinematography. Promotional opportunities for women were
said to be few, with practically no women in managerial or supervisory positions
82-With regard to the administration of justice,
it was reported that a woman's testimony in court was considered to be worth half
that of a man. Thus it would take two women witnesses to offset a single male's
testimony. It has also been alleged that a virgin woman condemned to death goes
through forced matrimony and is deflowered before the death sentence is carried
out.
H. Situation regarding the rights of children
83-It has been reported that, according to Clause
1 of Article 1210 of the Civil Law, the age of puberty for girls has been determined
to be nine lunar years (equivalent to eight years and nine months). At that age,
the father or the paternal grandfather reportedly has the right to marry off his
young daughter to anyone he considers suitable, in exchange for a sum of money,
the so-called " Shir Baha" .
84-It has also been reported that, according to
Article 32 of the Law dealing with Islamic punishment, physical punishment of children
is permitted to the limit of maiming them.
I. Testimonies concerning acts of violence against
the civilian population
85-On 23 February 1990, six witnesses members
of the Organization for Defending Victims of Violence, an organization established
in the Islamic Republic of Iran, requested to be heard by the Special Representative
in Geneva. They asked that their names be kept confidential.
86-One witness stated that he used to be a teacher
of English and had never engaged in political activities. Since he was bearded,
the Mojahedin suspected him of being a fundamentalist
and Government agent and made an attempt on his life which resulted in the death
of his wife. They advertised the incident as " having
executed a Government agent" . The witness stated that he had not been in his
wife's company when the killing took place. He further stated that in Tehran
he had tried to see the Special Representative without success. He promised to send
a list with the names of 12 people who, according to him, were also killed by the
Mojahedin. He stated that his trip to Geneva
had been financed by the families of people who had died in similar circumstances.
87-Another witness stated that he was an ex-member
of the Mojahedin. He had joined the movement after the
Revolution, as he had been attracted by its propaganda. For two years he was trained
in political activities, such as organizing a public demonstration and social upheaval.
Afterwards he went through a military training period. In the year following his
military training he was arrested by the Government and taken to Evin prison. He
stated that he never had participated directly in military activities. He was condemned
to 10 years in gaol but was released during the general
amnesty in 1986 after serving 4 years. He had knowledge of at least three assassination
perpetrated by Mojahedin agents; the victims were a grocer,
a taxi driver and watchmaker.
88-Another witness stated that he was a medial
doctor by profession and an ex-member of the Democratic Kurdistan Party. He had
belonged to that party two years and one year after the Revolution. He alleged that
the Democratic Kurdistan Party had received money from the Government of Iraq before
the war. In fact, each family involved in this party had received 5,000 dinars from the Iraqi Government. The Iranian agent for the
distribution of money was a man called Abdullah and was presently very influential
with the Party. Although he was in exile now, he continued his activities from abroad.
According to the witness, the Kurdistan party told their
members after the Revolution not to hand in the weapons used in their fight against
the Shah. One year after the war with Iraq
had started, a group of people from the Party went to Iraq
and brought back arms to fight the Iranian government. The witness expressed the
view that the present Government has been lenient and has accepted many facts of
Kurdish life, such as publications in their own languages. Although courses in Government
schools are taught in Farsi, private schools with conduct their teachings in Kurdish
are permitted. This was not the case during the period of the Shah. He further stated
that frequently he had received death threats and that many of the people who had
a relationship with a central Government had been assassinated. He stated that he
knew of the assassination of a woman who was five months pregnant when she was killed
on suspicion of co-operating with the Government.
89-Another witness stated that she had joined
the Mojahedin for a period of three years through her
husband who was a Mojahedin leader. Both had received
military training and she had served as a deputy to her husband. They were arrested
together and her husband was executed. As his deputy she had initially been condemned
to prison for life, but her sentence was later reduced to 10 years. She was released
in 1989, after having served six years. The witness further states that, as an ex-member
of the Mojahedin, she could testify to the fact that they
were a terrorist group. She had been told by the Mojahedin
that certain people were considered essential to the Government and that if they
were killed the Government would collapse. Now she realized that this system of
struggle was not rational. One terrorist she had known personally was Mr. Radjavi, who had served in the group of her husband. In 1982
Mr. Radjavi had killed a grocer at Dj'an Houri whose name was Hossein Mehrabanian. Mr. Radjavi had also received the order to kill a wood carver, called
Davood Nazeur Baka, who had left the Mojahedin organization.
Two other members of her husband's group, who were later caught
had killed a seller of textiles by the name of Haji at
Narmak. Another killer belonging to the group was Ali
Soleamani who lived at Djavadeeh
and had assassinated a housewife. Another terrorist she knew had killed two people,
one of whom owned an electricity shop in Jajreesh Street and the other,
by the name of Mahmoud, had lived in Tajreesh Street. The witness stated
that it was not easy for a member of the Mojahedin to
leave the organization and asked the Special Representative's help in this regard.
The witness also stated that, while in prison, she had met a girl by the name of
Mozgan Momayoum Far who was
a member of the Mojahedin. Her foot had been amputated
as a result of an accident she suffered while carrying out a Mojahedin mission; after the accident, the driver had left her
without organizing help. Later the Mojahedin publicized
the case, alleging that she had lost her foot during her stay in prison.
90-Another witness stated that she had been arrested
in September 1971, as she had held responsibility for the protection of one of the
private hiding places of the Mojahedin. Five or six persons
were living there; one was called Mohammed and was the perpetrator of several assassinations.
In 1981 a fruit seller was killed by Mohammed because he supported the government.
Other members of the organization, called Ali-Reza Madani
and Reza Ostad Hossein, had
killed two college students by the names of Reza Darrsh
Vand and Naserh Salem. The entire
group was arrested in September 1981. The witness stated that when new members joined
the Mojahedin they were promised all kinds of facilities,
but all the promises proved to be lies and, little by little, they were induced
to commit crimes. The facts related should be considered only as samples of the
activities of the Mojahedin. She said she did not understand
how it was possible that members of the organization were allowed to move freely
in Switzerland and
in the United Nations. The witness stated that she had first been condemned to life
sentence but that she had been released after six and a half years.
91-Another witness, an employee with the Iranian
Television, stated that when his wife was 16 years old, she had contacts with the
Mojahedin organization. After their engagement she left
the organization at his request. When they got married and received threatening
letters from the Mojahedin asking her to return to the
organization. In 1982, a woman who used to be a friend of his wife, accompanied
by three man, went to their house and violently attacked his wife, who was pregnant
at that time. As a consequence their child was born disabled and his wife suffers
from speech problems.
92-In addition, on 12 July 1990, the Special Representative heard the
testimony in Geneva of other persons
who had requested hearings and who gave testimony on this question. Some of them
asked that their names be kept confidential.
93-Mr. Gazam Faripoor said that his father was killed in 1981 by terrorist
groups despite the fact that he was not politically involved. Thus his family became
one of the many families victims of terrorism.
94-Another person stated that he had worked with
the Mojahedin organization. As a result of his political
activities he had served four years in prison, from 1981 to 1985. He is now working
on his father's business, but he intends to resume the medical studies he was forced
to interrupt to serve his prison term. His applications for readmission to the University
have been rejected. He charged that the groups belonging to the Mojahedin, as well as other political, social, and religious
groups, were trying to exploit and take advantage of the forthcoming visit by the
Special Representative to Iran.
Nevertheless, he said that during the first visit, many families
victims of terrorism had not been able to speak with the Special Representative.
He added that many people, including children, were being held prisoner by the Mojahedin.
95-Another person stated that he had been a member
of the Mojahedin organization since 1979, the year when
he was recruited. At the beginning, he was assigned simple tasks such as distributing
propaganda leaflets. Later, he was given more important political tasks, but never
military tasks. He stated that in 1981, the organization decided to step up its
terrorist activities with the aim of eliminating those it considered to be key people,
mainly officers of the army and the security forces. The chief of this cell was
Mohammed Moghaddam, who did take part in terrorist activities.
The witness says he had to go into hiding and live in a house with his weapons at
the ready. In 1983, his house was razed by the security forces and he received a
gunshot wound. He was sentenced to 20 years in prison. He appealed the sentence
and the term was reduced to 15 years. In 1987, after four years and three months
in prison, he was released under the amnesty decreed that year.
96-Another person stated that his son was killed
nine years ago after receiving a number of threats from members of the Mojahedin organization.
97-Another person, a university student, stated
that his younger brother had been killed by members of the Mojahedin
despite the fact that he was not politically involved. He said that he tried unsuccessfully
to speak with the Special Representative during his first visit. He added that many
members of the families of victims of terrorism had not been able to see the Special
Representative either at that time.
J. Freedom of religion
98-It has been reported that the Iranian Bible
Society was dissolved by the Ministry of Culture and Islamic Guidance in February
1990, and has failed in numerous attempts to get approval to re-open. The Iranian
Bible Society has operated legally and openly for the last 10 years. After its dissolution,
its files were confiscated and its staff locked out of the premises. In addition,
its executive secretary, Mr. Sadegh Sepehri, his wife and his son, have allegedly suffered harassment
and threats of imprisonment.
99-It has been reported that, starting with the
academic year 1983-1984, religious education was prohibited in all Christian Armenian
schools. New books in Farsi prepared by Muslim theologians were reportedly introduced.
It has also been said that as of 1985-1986 all Christian Armenian schoolgirls were
forced to wear an Islamic veil, irrespective of the fact that they were already
wearing scarves covering their hair and neck. It has been also reported that Armenian
clergymen, including the Archbishop, have been prohibited from entering school compounds,
while Muslim clergymen have free access. It was also alleged that messages to the
students on the occasion of religious holidays have to be submitted tin Farsi for
approval by the authorities two weeks in advance.
100-It was also reported that the Ardak Manoukian
Armenian School
was forcibly taken from the Armenian community and transformed into a Muslim school.
101-It was alleged that, in April 1990, Guardians
of the Islamic Revolution entered the Sipan Cultural and
Athletic Club of the Armenian community, closed the club and detained three members
of the board and the office clerk. They were reportedly accused of allowing girls
to be present in the premises without head scarves. The four detained persons were
reportedly sentenced to 74 lashes for violating the Constitution. Allegedly, they
were allowed to " purchase" the lashes by paying 74,000 rials each.
K. The Situation of
the Baha'i community
102-Although the number of Baha'is is reported
to be imprisoned has declined from 13, as of 28 November 1989, to 9, as at 30 June 1990, it was alleged that the overall policy
of discrimination towards the Baha'i community has not changed. The termination
of discrimination and persecution is reportedly conditioned on the Baha'is recanting
their faith. Some improvements that were brought to the attention of the Special
Representative reportedly relate only to the situation of certain individual Baha'is
but not to the community as a whole.
103-On 12 July 1990, the Special Representative received a person
who requested to give testimony with regard to the situation of the Baha'is, but
asked that his name be kept confidential. He said that he converted to the Baha'i
faith in 1973. He stated that the Baha'is mix religion with politics. He was forced
to attend all the meetings, which drained his physical and psychological energy.
In 1988, he converted to the Muslim faith. He stated that nowadays, the Baha'is
were free to develop their activities with the consent of the Government. Indeed,
he said, it was better to say you were a Baha'i to get work or get a passport more
promptly. In his view, there was no discrimination against Baha'is in education,
whether in school or in the university, or in medical or hospital care.
104-Three other persons asked to speak with the
Special Representative on 12 July 1990
and requested that their names be kept confidential. They stated that as a result
of the Special Representative's first visit to the Islamic Republic of Iran, the
Government had released several followers of the Baha'i faith who were being detained,
had lifted the ban on the travelling in the country without
permission, had facilitated their access to farm property and established special
preferences enabling them to obtain passports. According to their reports, one had
only to say he/she belonged to the Baha'i to get a passport immediately. The attitude
towards the Baha'is in the communication media has also changed for the better.
However, they stated that some Baha'is still maintained a posture of confrontation
and were trying to create tensions.
105-Written information on the situation of the
Baha'is has also been received by the Special Representative, accompanied in many
instances by official Iranian documents. The information received has been divided
into the following categories:
1. Dismissal of government employees
106-In a letter dated 22 February 1990, addressed
to Izzatu'llah Nazari, a retired
employee of the Baha'i faith, the National Iranian Oil Company stated: " As
you have already been informed, in accordance with Civil Court verdict No. h.b. 1236/7 of 15 Ordibehesht 1362
(5 May 1983) and because you belong to the misguided Baha'i sect, you have been
permanently disqualified from exercising Government functions and from serving in
any Government-affiliated organization."
107-In a letter dated 13 January 1990, the Department of Social Security stated that, in accordance
with the decision of the Town Committee of the Manpower Section of the Ministry
of Health, Manuchihr Shirvani
and Ali Akbar Nawruziyan had
been sentenced to permanent dismissal from their posts because they belonged to
the misguided Baha'i sect.
108-On 10 December 1989, the Department of Social
Security informed the Office of Social Services for the Employees of the Ministry
of Labour that, in accordance with the relevant decision, Dhabihuillah
Fada'I had been permanently dismissed from his post because
of his membership in the misguided Baha'i sect and that payment of his pension continued
to be suspended on the basis of verdict No. 28827/6 of 14 September 1983.
109-In a letter dated 25 October 1989, Primary Section of the Administrative
Court handed down decision No. 1002 upholding an earlier
decision concerning Mrs. Izzat Ha'i
Najafabadi who was dismissed from the Ministry of Education
and was deprived of her department because of being a Baha'i. The charges against
her were based on Section 2 of Act No. 19 containing the Regulations on Administrative
Offences and the decision was declared final, since the plaintiff did not submit
any grounds or evidence to change it.
110-In a letter dated 30 September 1989 from the
Office for the Investigation of Administrative Offences of the Ministry of Agriculture
to Mr. Payduilla'h Ali-Tabar,
who had been dismissed from his post, it was stated that the fact that he belonged
to the misguided Baha'i sect had been proved on the basis of his confession and
statement of 7 April 1982; that the decision relating to his dismissal from his
post was therefore valid; and that it was legally unnecessary to submit the case
for review.
111-On 12 September 1989, a judge of the Administrative
Court handed down a ruling in connection with the consideration of a complaint against
the Ministry of Health, stating that Mr. Hushang Gulistani's considered himself a member of the misguided Baha'i
sect, that an administrative decision of 21 March 1981 had ordered his dismissal
from his post and the suspension of his pension payments and that, as that decision
had been based on the law, it could not be changed.
112-On 19 February 1989, verdict No. 855 of the Central Council for
the Investigation of Administrative Offences described the case in question in the
following terms: Mrs. Qudsi Ridvani
was registered as a member of the Baha'i sect and acknowledged that she belonged
to a Baha'i family and had given that group financial assistance. The Court found
her guilty and requested her to return the funds she had sent abroad; and, since
the charges against her had been proved, she was sentenced to permanent dismissal
from her post.
113-On 6 November 1989, Section 7 of the Administrative
Court handed down the following decision: Mrs. Surayya Samimi " admits to having
been born in a Baha'i family, but has not made any statement recanting her faith.
The Tobacco Products Company has sent her a reply number 42749/24 Mordad 1366 (15
August 1987), stating that she is accused of membership in the misguided Baha'i
sect and through the verdict of the Civil Committees and the review of the Reforming
Councils, she has been sentenced to permanent dismissal from work and her salary
has been cut off. Considering the above ... as well as the fact that her being a Baha'i
is confirmed, her objection is overruled and rejected. This is a final verdict and
may not be reconsidered in this court" .
2. Refusal of withdrawal of work permits
114-In a letter dated 31 October 1989, the National
Veterinary Organization informed the Director of the Inspection Group of the Ministry
of Agriculture that it was not possible to give a permit to Jamshid
Faris because, in his request of 2 November 1988, he had
acknowledged that he was a member of the misguided Baha'i sect; and that sect was
an agent of foreign interests and Governments.
115-A letter from the Central Council of Trades
of Simnan, dated 20 January 1990, informed a Baha'i, Mr.
Afrasiyab Subhani, that his
work permit had not been approved and that, as from 21 January 1990, he would have
to close his business and return the original permit to the Council. It was also
stated that, if the order was not complied with, he would be treated in accordance
with Act No. 72 of the Union Regulations.
116-In a letter dated 4 May 1989, the Trade Union
for Repairs of House Equipment in Gurgan informed Mr.
Massud Masudi that, following
the investigation which had been carried out confirming that he belonged to the
Baha'i sect, the Trade Union was unable to give him a work permit and he would therefore
have to close his business.
3. Suspension of pension or salary payments
117-On 11 March 1989, the Bank of the People gave the Secretariat
of the Banks the following information: " With regard
to letter No. 3342 dated 16 February 1982,
Mrs. Bihidukht Tibiyani has
confessed that she belongs to the Baha'i sect and the payments of her retirement
pension has therefore been cut off" .
118-On 23 July 1989, the local Health Department
in Khurasan sent a letter to the Office of Personnel of
the Ministry of Health indicating that Mr. Dhabihullah
Dhabini-Muqaddam was a member of the misguided Baha'i
sect and that the payment of his salary had therefore been discontinued.
4. Prison sentence
119-In a letter dated 12 March 1989, the Islamic
Revolutionary Court of Gombad referred to the case of
Mrs. Bihidukht Tibiyani belonging
to the Baha'i faith in the following terms: " the case concerning the accusation
that you take part in the Baha'i activities has been considered by the Islamic Revolutionary
Court of Gombad and, in accordance with verdict No. 1684-7
of 26 February 1989, you have been sentenced to one year's imprisonment; the verdict
was handed down in your absence since you did not appear before the court"
.
5. Invalidation of ration card
120-On 27 September 1989, the Islamic Council on Supervision and Distribution
of Goods of the Department of Commerce issued the following notice: " We hereby respectfully inform you that the ration card
of Mrs. Ishrat Shahriyari has
been confiscated and invalidated because she is a Baha'i" .
6. Denial of education
121-On 30 August 1989, a secondary school in Tankabun
wrote a letterto the Department of Education regarding
Mr. Mahmud Mukhta'ri, a father
wishing to enrol his son: " According
to his clear statement, they were members of the Baha'i sect. This school is exempted
from having to accept the student in question in accordance with the rules of the
Islamic religion."
122-On 9 November 1988, a committee to investigate
cases of expelled students informed Miss Farzanih Khusravi Hamadani by letter that her
case had been considered and that, since she had been banned from continuing her
education because she belonged to the Baha'i sect, she would have to publish three
announcements in major newspapers recanting her Baha'i faith and that, if she did
not do so, her situation would remain unchanged.
123-In another case at the University
of Allamih Tabatabai,
which was considered and decided on 2 October
1989, Miss Farzanih Khusravi
Hamadani was prohibited from continuing her studies because
of being a Baha'i.
7. Baha'is who have been ordered to return salaries
received as public employees
124-Hushang Tabish,
an employee who had worked for the Sadirat Bank was arrested
because he refused to return the salary he had received. After being in prison for
some time, he agreed to pay monthly amounts of 3,000 tumans
as from October 1988. When he had made seven monthly payments, he decided to stop
them. Reportedly the prosecutor is currently dealing with his case.
125-Mrs. Tal'at Mazlumi, a former employee of the Department of Education was
ordered to return the salary that she had received while she was in Government service.
The order came from the Prosecutor's Office of Section 1 at Evin prison. The prosecutor's
last order that the former employee should provide a guarantee of payment was dated
28 January 1990.
126-Col. Muhtashimi,
a retired army officer received a summons to appear before the Prosecutor's Office
of Section 1 at Evin on 18 February 1990.
A piece of land that belonged to him was confiscated as compensation for the pay
he had received during his service in the army.
127-Isfandiyar Ghadanfari,
Nadir Ghadanfari, and Nadir Vahid
have been summoned repeatedly. They were taken to Section 13 at Evin prison because
they have not provided a guarantee that they would pay back the salaries they received
during the time they were in Government service.
128-Mr. Manuchihr Mishn Chi was reported to be held in Evin prison because he
would not or could not pay back the salary he had received.
129-Mr. Yusuf Ahmada'I, whose case is with Section 4 at Evin, agreed to provide
a guarantee that he would pay back the salary he had received. He has already made
two payments.
130-Vahid Sabuhiyan,
a former army officer who received an order for the repayment of 153,000 tumans agreed to pay back that amount, but later decided not
to do so and to await official reaction.
131-Mrs. Faridih Ahmadiyyih, a former employee of the Tijarat
Bank received a summons concerning the repayment of salaries from the prosecutor
of Section 12 at Evin, dated 5 August 1989.
8. Confiscation of property
132-It has been reported that Mr. Enayatollah Eshraghi, Mrs. Ezzat Eshraghi, and Miss Roya Eshraghi, members of the Baha'i community of Shiraz,
were executed in June 1983. The family home of Mr. Enayatollah
Eshraghi, at 105 Palestine Street,
in Shiraz, was confiscated by the Government
and will reportedly be auctioned in the near future.
IV. REPORT ON THE SECOND VISIT TO THE ISLAMIC
REPUBLIC OF IRAN
A. Introduction
133-The second visit to the Islamic Republic of
Iran was made from 9 to 15 October 1990.
The exchange of letters and notes concerning this visit has been referred to in
paragraphs 22 to 26. The Special Representative was accompanied by Mr. George Mautner-Markhof, Chief of the Special Procedures Section of
the Centre for Human Rights, Mr. Miguel de la Lama, Human Rights Officer, Miss Carmen
Cuevas, secretary and Mr. Mohammed Tammami, a United Nations
interpreter. The Special Representative acknowledges and expresses his appreciation
to those members of the Secretariat for their efficiency and co-operation. He also
wishes to mention the co-operation of Mr. Per Janvid, Resident Representative of the United Nations Development
Programme (UNDP), who, as he has done on his first visit, spared no effort to assist
the Special Representative and his team members in accomplishing their task and
in achieving their objectives.
134-By a letter dated 17 September 1990, the Special
Representative had requested the Government to arrange for the following appointments
with official or religious personalities: The Ministers for Foreign Affairs, Interior,
and Culture and Islamic Guidance; the Head of the Judiciary, the President of the
Supreme Court of Justice, Ayatollah Montazeri and Ayatollah Ja'afari,
the Special Prosecutor for Drug Trafficking, and a senior president of a revolutionary
court. By a letter dated 5 October 1990,
the Special Representative added the Minister of Intelligence to the list of requested
appointments.
135-The Special Representative also requested
the Government, by a letter of 17 September 1990, to arrange a visit to Evin prison
and pointed out that he would ask to visit one or two other prisons in the Tehran
area, if considered necessary. He further indicated that it would be his intention
to conduct hearings, in private, with prisoners of his choice, the names of whom would be communicated in due course. The Special Representative
also stated that he would appreciate being given the opportunity to be present at
trial proceedings of a revolutionary court concerning an offence for which capital
punishment may be pronounced.
136-In the first meeting with the Deputy Minister
for Foreign Affairs, Mr. Manouchehr Mottaki, the Special Representative
was handed a programme based on his aforementioned requests. In the course of the
visit, the programme underwent a number of changes, some of which were requested
by the Special Representative, who asked, in particular, that Saturday, 13 October 1990 be entirely
devoted to the hearing of prisoners. The meeting foreseen with Ayatollah Montazeri,
at the latter's request, had to be postponed from Wednesday, 10 October 1990 to Friday, 12 October 1990, and was eventually cancelled
by the Ayatollah. The Special Representative, therefore, requested, in line with
the written indication given in his letter of 17 September 1990, that he be permitted to visit Gohardasht
prison in the afternoon of 10 October
1990. However, the Ministry of Foreign Affairs informed the Special
Representative that it was not possible to comply with the request. The Special
Representative further asked for assistance of the authorities in enabling hi to
meet Ayatollah Seyed Abolfazi
Musavi Zanjani. It did not prove
possible to have this visit arranged through official channels. The Special Representative
was, however, able to make arrangements for a meeting with the Ayatollah directly
and met him on 9 October 1990.
137-The programme of official meetings that took
place during the visit is reproduced in appendix III.
138-On 9 October, the Special Representative and
his team members co-ordinated their own programme of work
with official proposals and incorporated the activities they would conduct without
official contacts or assistance. This programme was considered chiefly with a view
to allotting time for ht examination of specific cases, mainly of prisoners and
for interviews with a number of personalities in Iranian public life and individuals
who, through contacts in Geneva, seemed
willing to provide information on their experiences and observations concerning
human rights.
B. Meeting with representatives of the executive
and judicial branches of government
139-The following paragraphs summarize the highlights
of the interviews conducted by the Special with government authorities. They are
in chronological order.
1. Meeting with the Deputy Minister for Foreign
Affairs
140-The Deputy Foreign Minister, Mr. M. Mottaki, thanked the United Nations mission for coming and said
that the first visit had opened a new chapter in the relations between the Islamic
Republic of Iran and the United Nations. He pointed to the expanded role of the
United Nations in world affairs and said that the end of the cold war would open
a new chapter in international relations. Disarmament and human rights will be the
two basic issues of the new age. The Islamic Republic of Iran is strengthening its
spirit of co-operation with all nations and with the United Nations. The search
for negotiated solutions to all international problems is another feature of the
new age. The issue of human rights figures prominently among the concerns and goals
of the Islamic Republic of Iran.
141-Mr. Mottaki said
that the Islamic Declaration of Human Rights had been adopted by experts at the
Islamic Conference and that the Declaration was taken up and adopted at the meeting
of Ministers of the members countries of the Islamic Conference held at Cairo.
142-Mr. Mottaki said
that the Government of the Islamic Republic of Iran had examined closely the recommendations
of the Special Representative. The Iranian Government was now in a position to refute
the false allegations made by its political enemies. A Human Rights Department has
been established in the Ministry of Foreign Affairs. Two seminars have been held
in Iran — one locally,
dealing with a comparison of human rights in the West and in Islam, and another dealing with Islam and Christianity from a human rights
perspective. Preparations are under way for a third seminar in co-operation with
the Centre for Human Rights slated for late January or early February 1991.
143-Mr. Mottaki considered
eight categories of recommendations issued by the Special Representative and said
that they have all been considered by the Government. Substantial action has been
taken on each recommendation. A letter addressed to the Special Representative summarizes
the measures taken (see para. 12).
144-Mr. Mottaki referred
to a pending matter: visits to the prisons by the International Committee of the
Red Cross (ICRC). The Red Cross has already been notified that the Government is
prepared to allow visit by ICRC. The Special Representative could visit any prison
he liked.
145-The Islamic Republic of Iran
abides by the teachings of Islam and wishes to co-operate with the international
community, but this does not mention that it is prepared to disregard Islamic principles.
The United Nations should distinguish between those States which systematically
violate human rights and whose conduct derives from high-level policy, and those
countries which occasionally commit a few violations.
146-The Special Representative expressed the hope
that the discussions with the ICRC with a view to reaching a concrete agreement
on visiting prisons could be concluded very soon. Mr. Mottaki
replied that his Government saw no problem whatsoever in reaching an agreement with
ICRC and hoped that visits to the prison would begin very shortly.
147-The Special Representative referred to two
memoranda submitted recently and reiterated the importance of receiving official
replies. Mr. Mottaki announced that the Special Representative
would begin to receive specific replies in the course of his visit.
148-The Special Representative gave Mr. Mottaki a list of 202 prisoners in connection with whose whereabouts,
arrest or possible sentencing (see appendix II), information had been requested
and submitted the names of 26 prisoners he wishes to visit. This list of 26, reproduced
in appendix IV of this report, contained names of persons about whom the Special
Representative had received information during or after his first visit to Iran.
149-The interview concluded with an official statement
by the Government that it would co-operate fully with the United Nations in general
and the Commission on Human Rights in particular.
Interview with the Minister of Intelligence
150-On Wednesday, 10 October, at 9.30 a.m., Hojatolislam
Fallahian, the Minister of Intelligence, was interviewed. The Special Representative
requested clarification of certain matters which had arisen in the course of the
investigations. In particular, he asked questions concerning the following: the
role played by information or intelligence officers and agents in the trial of prisoners,
chiefly in cases submitted to the revolutionary courts, the specific role of intelligence
agents who worked with the prosecution and, particularly, their participation in
interrogations, the hierarchical relationship between intelligence officers, Komitehs and Pasdaran (Revolutionary
Guards); and the degree to which intelligence agents could act on their own initiative
without express orders from their immediate superiors.
151-The Minister spoke of plots against the Iranian
nation and then referred to the observations in the Special Representative's reports,
which, in his view, did not do justice to Iran.
With regard to the activities of the Ministry, he recounted many incidents of past
years and referred to the hostile attitude of the foreign media. He said that the
function of his Ministry is to prevent and bring to light cases of espionage and
to preserve the culture and integrity of the Iranian nation. According to the Constitution,
the people's rights must be respected and intelligence agents must act within the
law both in making arrest and during trials. He then referred to bands of smugglers
who attack private homes and mentioned cases of persons who had recently been killed
by smugglers.
152-The Minister went on to say that the Constitution
establishes three branches: legislative, judicial and executive. In the executive
branch, the revolutionary Komitehs and Pasdaran maintain public order and security and are accountable
directly to the President o f the Republic; however, they
perform their duties in respect of citizens' rights under the supervision of judges.
The Pasdaran are under the Ministry of the Interior for
matters of public order, under the Ministry of Defence for military matters. The
Komitehs are under the Ministry of the Interior, and the
intelligence officers, under the Ministry of Intelligence. Co-ordination takes place
at the highest level, that of the president of the Republic.
153-Commeting on the role of intelligence officers
at trials, he said that it was not true that judges consulted them during the trials.
In many cases, the judges do not accept testimony by intelligence officers and deny
them permission to arrest suspicious persons. Indeed, while intelligence officers
did participate in interrogations, they do so under the supervision of the judges.
It is not true that they use any means, including violence and torture, to obtain
confessions.
154-intelligence officers take orders; they are
not independent agents. In certain cases, they may take initiatives, for example
when they see someone trying to enter the country with a false passport or someone
plant a bomb. In such cases they can arrest the culprits. However, they must so
advise the judge within 24 hours and he must decide whether or not there are legal
grounds for the arrest. There is a department which oversees the activities of these
agents and is responsible for punishing them. In some case, they are referred to
an administrative tribunal and, in very serious cases, to a military tribunal. Many
agents have been dismissed or sentenced to prison terms.
155-The Minister reported that in addition to
the Pasdaran, the Islamic Revolutionary Committees, the
officials of his Ministry, the police and the gendarmerie were responsible for preventing
and investigating ordinary crimes like homicide and robbery and ensuring the safety
of the citizenry. Both police forees were under the supervision
of the Ministry of the Interior. Lastly, the Minister of Intelligence said that,
in his view, the Special Representative should focus the attention ofworld public opinion on the acts of aggression committed against
the Iranian nation and adopt a clear stance denouncing and condemning acts perpetrated
by terrorist organizations. He added that the family and relatives of the martyrs
and victims of terrorism shared that feeling.
156-Responding to a question from the Special
Representative, the Minister said that there was no prison attached to the premises
of the Ministry of Intelligence and that all detainees were subject to the authorities
of the Prison Organization. He then invited the Special Representative to visit
the building complex where the Ministry has its offices so that he could make sure
that there was no prison attached to or included in the building complex where the
Ministry is located.
157-The Special Represented submitted the following
questions to the Special Prosecutor, Hojatolislam Zargar: (a) How many drug traffickers
have been executed in 1990? (b) How many are currently tried? (c) How many of those
being tried may be condemned to death? (d) How many of those condemned to death
have seen their sentence commuted? (e) How many executions in public or mass executions
have taken place during the last few months? In reply to these questions, the Prosecutor
stated the following:
158-He said that the number of traffickers who have been arrested since the first visit, including
traffickers and consumers, comes to of 9,201, 8,898 of whom are addicts and have
been sent to rehabilitation centres. Rehabilitation centres are still inadequate
and, for that reason, the Government has requested assistance from international
organizations. The remaining 303 are traffickers. Not all of the 303 traffickers
can be given the death penalty; some will be sentenced to prison. Of the groups
previously sentenced to death, six have had their sentenced commuted.
159-The special prosecutor said that the 1990
capital punishments figures are lower. In 1989, 4,113 persons were pardoned. Of
those, 2,259 were released and 1,854 had their sentenced commuted. Many obtained
permission to live at home for three days and some were already enjoying this benefit
for the sixth time.
160-He also stated that there had been no public
executions since the first visit. At times 15 or 20 persons were executed in the
prison courtyard. The Special Representative emphasized two points: the need to
guarantee due process of law to traffickers and to reduce significantly the number
of death sentences pursuant to the International Covenant on Civil and Political
Rights.
161-The Special Prosecutor referred to opium that
is being processed into codeine at laboratories under his supervision. The codeine
will be transferred to the Ministry of Health. A total of 1,320 kilos of heroin
and 9,090 kilos of opium were confiscated in the first six months of 1990.
162-The Special Prosecutor said that he would
obtain an exact figure showing the number of persons executed in 1990 for the Special
Representative through the Ministry of Foreign Affairs because he did not have it
available at that time. The Special Representative asked whether consideration had
been given to transferring jurisdiction over such crimes from the revolutionary
courts to the ordinary courts, and the answer was no.
163-At the suggestion of the Special Prosecutor
the Special Representative briefly met two detainees convicted on drug trafficking
charges who were working on the premises. One of them, who had admitted carrying
20 kg of opium from Kerman to Tehran,
had been convicted to 18 years of imprisonment. The trial before the revolutionary
court took place two years after his arrest. His sentence was later commuted to
five years. The other prisoner had admitted carrying 7 kg of opium and was first
convicted to a penalty of 1 million rials. The Special Prosecutor, however, had
protested against the sentence and one year thereafter, he was sentenced anew to
16 years of imprisonment. In 1987, the sentence was commuted to 15 years. Both were
tried before revolutionary courts without the assistance of a lawyer. One of them
stated that the interrogators had beaten him during the period for investigation
in order to obtain his confession. Both prisoners stated that their condition had
improved, since they could not work on the premises of the Special Prosecutor. Once
a month they were granted leave, usually for a period of three days.
4. Interview with the commission on article
10 of the constitution
164-The Chairman of the Commission, Deputy Asgharzadeh, explained that the Commission on article 10 is
composed of representatives from the three branches of government. The purpose of
the Commission is to apply the constitutional principle of the people's right to
form associations in general and political parties in particular. The Commission
is made up of two members of Parliament, two from the judicial branch and one from
the executive branch. The Secretary of the Commission is independent and the Minister
of the Interior carries out the decisions of the Commission.
165-The procedure is as follows: whenever a certain
number of citizens wish to form a political party, they register the members' name
and the leaders submit their personal documents and a charter of principles and
objectives. The Commission considers such requests at its weekly meetings. The applicants'
background is investigated, on the basis of reports from the security and judicial
authorities.
166-The Commission has four divisions: (a) The
religious division, which places restrictions, for example, on autonomous groups
or sects, which do not have the right to form associations; (b) The trade union
and crafts division; (c) The division that deals with political groups wishing to
function as political parties which are subject to restrictions relating to public
security and co=operation with foreign political parties; and (d) The division that
handles association of groups engaged in social activities — i.e., cultural or technical
activities. Requests are considered in the order that they are received and authorization
is granted to associations that are not political more promptly than to political
parties. In the past year and a half, 20 to 22 associations were approved. Seven
requests from minorities (Armenians), and a request from
apolitical group in Tehran and another
in the province of Khusestan are being considered.
167-Replying to a question from the Special Representative,
the Chairman of the Commission said that the request from the Association for the
Defence of the Freedom and Sovereignty of the Iranian Nation is under review. As
long as some leaders of this group are having security problems, this association
cannot be authorized. Some members of this group are on trials and in prison on
charges of espionage.
168-The Special Representative also inquired about
the reasons for the dissolution of the Bible Society. The answer was that it had
been asked to appear before the Commission several times and bring its activities
into compliance with the law. The Society also required authorization from the Ministry
of Culture. Since it failed to submit that authorization, its activities were suspended.
The Special Representative learned from a well-informed source that the Ministry
for Culture and Islamic Guidance had refused to grant the authorization.
169-The Special Representative explained his ideas
on the responsibility of individuals and societies and suggested that the doctrine
which clearly distinguishes between the responsibility of individuals and the responsibility
of associations should be accepted and applied. In his view, he continued, Iranian
law projected onto associations what was exclusively the responsibility of the individual
members. He was told in reply that this theory would presumably be taken into account
when Parliament reconsidered the law on political parties.
170-The Secretary said that the Commission has
had difficulty in applying the law in force and that revisions have been considered
and proposed for submission to Parliament.
171-A discussion ensued on whether activities
for the protection of human rights are considered political. The answer was that
this topic has been debated time and again. The defence of human rights is in the
interest of the people; however, certain groups claim to be defending human rights
in order to mask political activities — at times, political activities designed
to destabilize the Government.
5. Interview with the Deputy Minister of the
Interior
172-Deputy Minister Atrian-Far
said that it was natural that the Special Representative should have identified
a number of ambiguous situations on his first visit; he hoped that any such situations
would be cleared up during the second visit. Some ambiguities concerned the revolutionary
courts, while others concerned political parties.
173-Concerning the unification of the police,
Pasdaran, Komitehs, Gendarmerie
and judicial police, their co-ordination had been entrusted to the President of
the Republic with a view to improving their functioning and thereby guaranteeing
citizens' rights. A bill for the integration of those security and protection forces
had been approved. A thousand hours of work with experts had been devoted to the
issue and the act was being implemented.
174-The Ministry of the Interior must provide
an organizational chart and job descriptions in order to implement the act within
a year. Two months had gone by and the integration of all police forces would be
complete within 10 months. Their integration would considerably enhance efficiency.
175-The Special Representative asked about the
press. The Deputy Minister told him that the Ministry of Culture and Islamic Guidance
would give him more information on that subject. He then gave some details. Anyone
that was qualified to do so would publish ideas or news with his own resources and
means. The Government considered it its duty to provide facilities to people who
wished to engage in news activities and it therefore gave permission for the import
of machinery and paper. The Government welcomed anyone who wished to engage in journalism,
and also accepted criticism if it was presented " earnestly
and truthfully" . Newpapers and magazines contained
abundant criticism of the Government. The same approach was taken with political
parties. The Government could not renounce that principle. Everyone must adhere
to one basic, inviolable principle, namely, respect for the Constitution. The press
and political parties must accept and adhere to the Constitution. That imposed certain
responsibilities on writers. The Ministry of Culture and Islamic Guidance was responsible
for applying the Constitution and therefore monitored publications and associations.
It was lenient with them, however, even when there was cause for severity.
176-No newspaper sent its articles for prior review
by the authorities, but if an article was published containing erroneous or untrue
information or if someone was insulted, the newspaper must give equal space to a
correction. Otherwise, the complainant could take legal action.
177-In the past 10 years, over 50,000 books on
different topics had been published. The organization which had oversight of books
monitored publishers' activities. It also studied books before they were published
and if it found them contrary to the Constitution or liable to corrupt or offend
public dignity, it could ask the authors to correct the inappropriate or detrimental
parts. The problem was almost always solved by negotiation and the authors were
satisfied with the outcome.
6. Interview with the Deputy Minister of Culture
and Islamic Guidance
178-Deputy Minister Aminzadeh
said that he was sceptical about the activities of international
organizations and that it would be along time before Iran
solved its international problems.
179-The Ministry of Culture and Islamic Guidance
was the product of a merger of two ministries, the Ministry of Art and Culture and
the Ministry of Information and Tourism; the merger had been designed to enhance
their functioning. The Ministry of Culture and Islamic Guidance worked with cinema,
theatre, the performing arts, music, publications, books, art (painting, drawing,
etc.), press, radio, television, printing, tourism, and pilgrimages to holy places.
Radio and television were under the joint supervision of the three branches of Government.
180-The Government had never been opposed to foreign
films and television but had to put a stop to propaganda that caused moral corruption.
The same was true of music: the Government had never been opposed to music but had
eliminated certain kinds of music which encouraged prostitution and corruption.
The same had happened with other forms of artistic expression such as painting.
Iranian films had won international prizes. Artists were aware that limits had been
drawn to prevent corruption and that they must not overstep those limits.
181-Before the Revolution, many books had been
banned. After the Revolution, the number of books published had increased enormously.
There were sometimes arguments about permission to publish a book. When a book contributed
to prostitution and corruption, its publication was not permitted.
182-The press enjoyed protection and freedom,
but anything that was contrary to Islam and public order was inadmissible. The press
promoted Islamic values, opposed colonialism, promoted morality and upheld the policy
of " neither East nor West" . The committee that
granted permits for the founding of newspapers was made up of representatives of
three branches of Government, the universities, publishers and the Ministry of Culture
and Islamic Guidance. There were 15 daily newspapers and 300 monthly, weekly or
bimonthly magazines.
183-The Special Representative asked what action
the Ministry took with regard to the day-to-day activities of newspapers. He was
told that if a newspaper insulted Islam, the Leader or the Government, it could
be penalized by cancellation of its operating permit.
184-The Special Representative referred to the
distribution of paper. The Deputy Minister replied that his Ministry distributed
paper. Any authorized newspaper was entitled to the paper it needed. There were
limitations on the allocations of paper. For instance, Kayhan and Ettelaat were daily papers with the potential to increase their
circulation but there were limits on the amount of paper the Government could distribute
at a relatively low price. No limitations had been placed on the amount of paper
that the opposition press could receive.
185-The Special Representative asked about the
conditions for distributing paper for books. Paper was supplied to printers or authors.
Books needed authorization before they could be published. There had been criticisms
when the publication of some books had not been allowed, but the only criterion
for authorization had been moral, never political.
186-The official interview over, the Special Representative
talked to working Iranian journalists in the same building.
7. Interview with the President of the Supreme
Court of Justice
187-The President of the Supreme Court of Justice,
Ayatollah Moghtadaei, said that according to Islam, judges were answerable before God and sat among the prophets
and that the place of trial was the place of God. Under Iranian law, a defence lawyer
was necessary and mandatory and to the accused and the lawyer was given certain
facilities. Sentences could be brought to the Supreme Court on appeal or for review.
When the accused had not had a lawyer, the Supreme Court revoked the sentence. Parliament
had just adopted an act on procedures under which, once the case was concluded,
it was considered res judicata.
The act enabled the President of the Supreme Court to consider the case and decide
whether it needed to be reviewed.
188-Under the Islamic judicial system, all individuals
were equal. Once recently, at an annual nation-wide seminar, the President of the
Republic had expressed satisfaction that the judiciary judged law-breakers strictly
and equally. The Islamic legal order had special features with regard to respect
for human rights. Iran
was prepared to exchange views on those matters, to pass on its experience to others
and to learn from the experience of others.
189-Under the Islamic legal order, the purpose
of bringing a person to trial was not punishment, but rehabilitation. If the prisoner
showed that he was sorry and could be rehabilitated, he was included in the list
of those eligible for amnesty, even if much of his sentence remained to be served.
Amnesty was granted to groups and individuals. Only rarely did prisoners remain
in prison for the full term of their sentence.
190-No one was ever arrested because he adopted
a different ideological line from the Government. Baha'is were not arrested because
they were Baha'is but for specific offences. The same was true of political prisoners:
if they were arrested and executed it was because they had been involved in acts
of violence. If the detainee or accused repented, he could be amnestied, even if
he had committed horrendous crimes.
191-Another question related to the campaign against
drugs. The judiciary was determined to take vigorous action in that regard. Drugs
were a problem in the country. Cases came to the Supreme Court, where they were
reviewed. A sentence could be applied only with the approval of the Supreme Court.
192-The Special Representative asked about cases
in which a number of years elapsed between the guilty verdict and the actual sentencing.
The President replied that that sometimes happened because further investigations
were conducted. On other occasions, the prisoner could not be informed of the sentence
because the case was awaiting review. The sentence was made known only when the
Court had approved it. The prisoner could appeal once h was informed of his sentence.
Prisoners sometimes did not know that their case had been passed onto the Supreme
Court, which was why they complained and felt that an excessive period of time was
elapsing between the guilty verdict and the sentence.
8. Interview with the Political Deputy to the
Head of the Judiciary
193-The Political Deputy, Mr. Badamchian, said that the Freedom Movement and the Association
for the Defence of Freedom and the Sovereignty of the Iranian Nation had published
their manifestos freely during the war, even when these dealt with sensitive issues
that affected national security. The Freedom Movement, had no been authorized, but
it had been active recently. Mr. Bazargan and other members
were at liberty; other members of the Freedom Movement had been arrested on serious
charges.
194-The Association for the Defence of Freedom
and the Sovereignty of the Iranian Nation had bene operating
without authorization. It had declared its existence without authorization and had
published illegal declarations; many of its members were actively involved in politics.
Some of its members were being tried on serious charges. The Association had not
been set up to defend human rights but as a cover for illegal political activities.
195-The Special Representative said that, according
to the information he had been given, the two groups had submitted applications
in due form but had been denied authorization. Their property had been confiscated
or frozen, since the authorities had occupied them, and their documents had been
seized. The Freedom Movement had existed prior to the Revolution and had simply
been required to adapt to the new legal statute. The Movement had filed an application
and documents with the Ministry of the Interior and since the Ministry had not raised
any objection within three months, the Movement had been tacitly authorized under
the law in force.
196-The Political Deputy replied that the Movement
had engaged in sabotage and had had contacts with the country's enemies abroad.
While it was true that it had bene recognized before the
promulgation of the new act on political parties and after it had filed an application
with the Ministry, the application had not met the necessary legal requirements
and the Movement could nto be authorize.d
the members of the movement had not been acting in good faith. The act which said
that if no objection was raised within three months, the applicant organization
was automatically recognized did not apply in that case.
9. Interview with the Head of the Judiciary
197-The Head of the Judiciary, Ayatollah Yazdi, said that the main source of Iranian law was the Holy
Scriptures, which were never intended for mankind's salvation. The Koran said:
" I respect and honour mankind" .
198-The Special Representative drew the following
situations to the attention of the Head of the Judiciary: (a) public trials were
impossible in prisons; (b) some people who had been condemned to death had not had
lawyers, and a person accused of spying, for which he could be sentenced to death,
had been tried two years previously and still did not know his sentence; (c) the
question of the applicability or the repeal of article 11/2 of the Administrative
Regulations governing the Revolutionary Courts and Public Prosecutor's Office of
1979.
199-The Head of the Judiciary said that there
was a principle whereby the interests of society must prevail over the interests
of the individual. The international community paid little attention to that principle
because the issue of human rights had been politicized. Such politicization undermine the enjoyment of those rights. In eight years of war,
the international community had never concerned itself with the crimes perpetrated
against the Iranian people. He then referred to recent events in Palestine
and to the Gulf crisis.
200-The Head of the Judiciary went on to say that
no legal system protected human rights as thoroughly as Islamic law. The best evidence
of that was the existence of groups which were opposed to Islamic principles, expressed
their views publicly and were left in peace as long as they did not engage in armed
action.
201-Concerning the openness of trials, he said
that court sessions were held at the Palace of Justice in the city centre and that
no less than 20 trials were held each day, all of them public. When citizens were
interested in a case, larger premises were used. At Evin prison there were restrictions
on access, but the principles of public trials was in force. In any case, the judge
could prohibit access for reasons of public order.
202-Everyone was entitled to defence counsel and
when the accused could not obtain it, the court provided it. Since that was the
accused's right, if the accused said that he considered
himself better equipped than the lawyer to conduct his defence, he was not forced
to accept the lawyer. The Special Representative said he had observed that, in practice,
accused persons tried by the revolutionary courts did not have a lawyer.
203-The Head of the Judiciary said that in the
case of ordinary offences, when the parties reached a compromise, the proceedings
ended. In cases of espionage, after the accused had been arrested and the accusation
substantiated, the investigation and gathering of evidence began. Evidence was weighed
by the judge. If it was deemed adequate, sentence was passed.
204-Crimes could be committed by individuals or
groups. In the latter case, the accused could not be informed of the charges against
them during the investigation stage because they would prejudice the outcome of
the investigation. Concerning the applicability of article 11, he said that decisions
of the revolutionary courts were not final: the accused could appeal them or request
that they be reconsidered and the Supreme Court could review them.
10. Interview with the Judicial Deputy to the
Head of the Judiciary
205-The Judiciary Deputy, Mr. Mehrpoor, referred to the Islamic Declaration of Human Rights
and to the Special Representative's previous report. He said that comparative study
of the Islamic system and the international system had begun with particular reference
to human diginity and the right to life, drawing comparisons
between Islam and Christianity. Concerning the need for defence counsel, he said
that the Constitution provided that a lawyer must assist the accused in court. The
Head of the Judiciary had made a statement on that point. Concerning the crediting
of the period of the pre-trial detention to the term of imprisonment imposed by
the sentence, he said that under a bill currently being drafted detention prior
to the date of the verdict would have to be credited to the term of punitive detention.
He added that many people had been amnestied, and provided a list which is reproduced
in appendix VII. He said that the rules of Islamic law could not be repealed: the
penalty of flogging, for instance, was provided for in Islamic law. However, it
was being imposed less and less frequently, for it was usually replaced by a fine
or imprisonment. The Special Representative said he hoped that flogging would be
replaced by fines in all cases.
206-Concerning the revolutionary courts, the Judicial
Deputy said tha the sentences passed down by those courts
would be appealed, or reviewed by the Supreme Court of Justices. The act allowing
for the possibility of appeal or review had been promulgated two years previously.
Article 11/2 of the Administrative Regulations governing the Revolutionary Courts
and Public Prosecutor's Offices of 1979, which provides that " judgements of the revolutionary courts shall be final and no
revision be made thereon" , had been tacitly repealed because the 1988 act
on appeal procedures took precedence, particularly its article 5 which stated:
" With regard to the decisions of penal 1, legal 1, military 1, special civil
and revolutionary courts which have been reversed by the Supreme Court, the authority
for revising and passing a new judgement is a court equal to the court which had
passed the first judgement.
11. Interview with the Minister for Foreign
Affairs
207-On Monday, 15 October, the last day of his
visit, the Special Representative was received by the Minister for Foreign Affairs,
Mr. Ali Akbar Velayati. The
Special Representative summarized the main points of his visit and thanked the Iranian
Government for its co-operation. The Minister said that it was his Government's
policy to continue its co-operation with the Special Representative. He said he
hoped that by now, at the end of his second visit to the country, the Special Representative
was able to see that the allegations of human rights violations were false and that
the situation of human rights in the Islamic Republic of Iran was comparatively
better than in other countries of the so-called " third
world" . The Minister expressed surprised that the Commission on Human Rights
should have decided to examine the situation of human rights in his country and
not the situation in other countries where respect for those rights was known to
be much worse. He said he hoped that such discriminatory treatment was not politically
motivated or designed to put pressure on his country. He also hoped that the Special
Representative had not been pressured by other Powers or groups.
208-The Special Representative replied that he
had not been pressured by any Government — neither the Government of the Islamic
Republic of Iran nor other Governments — or by individuals or groups. In any case,
his sense of duty would make him reject any attempt to pressure him.
209-The Minister said he hoped that at its next
session, the Commission for Human Rights would change its attitude to the Islamic
Republic of Iran. Otherwise, a sector of national public opinion might interpret
the official attitude of co-operation with the Special Representative and the Commission
on Human Rights as a mistake. In any event, international monitoring of the human
rights situation in the Islamic Republic of Iran should not continue indefinatly. The country could not tolerate such monitoring
for long. If the Commission on Human Rights did not change its attitude to the country,
some hard-liners within the country would argue that the conclusions of the Special
Representative's reports and his visits to the country, as well as the voting within
the Commission, were politically motivated.
210-The Special Representative expressed satisfaction
that the Government had acted on one fo the recommendations
made in his earlier report and had invited the International Committee of the Red
Cross (ICRC) to visit Iranian prisons. However, an agreement would have to be concluded
with ICRC so that prison visits could begin as soon as possible. The Minister said
that a high-level ICRC delegation had already visited the country and that a director
would be arriving shortly to work out the details of the agreement. Once the necessary
arrangements were made, ICRC would be able to begin its work immediately and make
regular prison visits. The Minister mentioned that the Special Representative had
been able to interview, in private and in complete freedom, many of the prisoners
he had asked to see. That was a demonstration of the Government's trust, for he
had even been allowed to interview people convicted of supplying information on
national security to foreign Powers.
211-The Special Representative then asked the
Minister for a detailed Government response to all the allegations of human rights
violations contained in his earlier reports and in the two memorandums submitted
in 1990. Such replied were crucial to the performance of his mandate. He also asked
that the Government respond to his requests made on purely humanitarian and non-political
grounds. The Minister answered that his Government would provide such replied, some
of them before the end of his visit, and that it would consider his humanitarian
requests.
212-Lastly, the Minister expressed satisfaction
at the holdings at Tehran University
of a seminar on human rights in international law and Islamic law, which had been
attended by eminent legal experts and philosophers from Germany
and a number of Islamic countries and had formulated valuable conclusions.
12. Final interview with the Deputy Foreign
Minister
213-After the meeting with the Minister for Foreign
Affairs, the last official meeting of the visit took place. Deputy Foreign Minister
Mottaki recalled that during the Special Representative's
first visit there had been a discussion of the particular features of Islamic human
rights principles and the Government's attitude of co-operation with the Special
Representative and the Commission on Human Rights had been confirmed. It was in
keeping with that attitude of co-operation that the Special Representative had been
invited to visit the country a second time. One practical result of that co-operation
was that talks had begun with senior ICRC officials on authorizing members of ICRC
to make regular prison visits, as recommended by the Special Representative. A specific
agreement to that effect would be reached shortly.
214-Concerning the Special Representative's recommendation
that the rights of all accused persons to legal counsel must be guaranteed, he said
that a bill to that effect, which would expand on the relevant provision in article
35 of the Constitution, had been presented to Parliament. Legal counsel would even
be available before the oral proceedings, in other words, during the investigation
of the detainee.
215The Deputy Foreign Minister also said that,
in keeping with the role played by compassion in Islam and with the Special Representative's
recommendations, the policies of amnesty and pardon had been developed and expanded.
Moreoever, concerning the recommendation that comparative
studies and seminars be conducted on the international system for the definition
and protection of human rights and the Islamic system, he said that the progress
made included the recent holding of a seminar at Tehran University. Further to another
of the Special Representative's recommendations, the Government had decided to request
assistance from the Centre for Human Rights, under the latter programme of advisory
services, for a comprehensive, long-term project.
216-Concerning the number of executions, he said
that further to one of the Special Representative's recommendations, the number
of executions had declined significantly since 21 March 1990, the date of the Iranian New Year. The purpose
of executions was not only to punish criminals but also to deter others from committing
offences. However, executions were being carried out only for the most serious crimes,
such as drug trafficking, espionage and murder. In that connection, he handed over
a list of 113 executions carried out since the Iranian New Year (21 March 1990). According to that list,
32 people had apparently been executed for ordinary crimes, 71 for drug trafficking,
4 for activities contrary to national security, co-operation with armed groups and
drug traffickers, 3 for terrorist acts, 2 for espionage and 1 on unspecified charges.
217-Concerning replies to the allegations transmitted
by the Special Representative, the Deputy Foreign Minister said that the Government
would do its best to reply to all the allegations made. However, those allegations
would have to refer to problems in applying the law, the severity of penalties in
relation to the crimes committed, or consistency between the penalties imposed and
the laws in force. They could not be allegations questioning the Islamic legal system,
laws or, specifically, the provisions of the Penal Code of the Islamic Republic.
Those were issues which must be dealt with in other, primarily academic, forums
and in other circumstances. The Deputy Foreign Minister also announced that the
Government had presented to Parliament a bill under which the time spent in prison
before sentence was passed must be credited to the term of punitive detention. The
Special Representative expressed satisfaction at that initiative.
218-The Deputy Foreign Minister also said that
the Islamic Republic was open to anyone who wished to examine the situation of human
rights there. In that connection, he announced that the Government was giving favourable consideration to a request by Amnesty International
to visit the country. He also reported that the Head of the Judiciary had replied
to many letters containing allegations. He said that there
was complete freedom of expression in the country and that a wide variety of views
existed on domestic and international issues. No one was being investigated or detained
simply because of his political views and any citizen could express his political
views openly every day in the mass media, on the street or in the mosque. Parliament
reflected the diversity of political views in the country.
219-The Deputy Foreign Minister next referred
to the Special Representative's visit to Evin prison. He said that the Special Representative
had bene able to interview in complete freedom most of
the prisoners he had asked to see, including those accused and convicted of spying
for enemies of the nation and of attempts on the security of the State. He added
that the reasons why he had not been able to interview the other prisoners had been
explained to him at the time; they had been released, they had been on temporary
leave from the prison, or their trials were at the investigation stage the prosecutors
had not given the necessary authorization. In any case, the Government had trusted
the Special Representative enough to let him interview people who had supplied foreign
Powers with highly strategic internal information, even in wartime. That demonstrated
the Government's attitude of co-operation towards the Special Representative and
the Commission on Human Rights. If that co-operation was to continue, however, prejudices
attitudes and preconceptions about the situation of human rights and fundamental
freedoms in his country would have to be abandoned, the remaining obstacles would
have to be removed and there would have to be an end to the double standard whereby
the human rights situation was investigated in some countries but no in others where
there were more serious and systematic human rights violations. He hoped that the
meetings of the Third Committee of the General Assembly would mark the opening of
a new chapter in co-operation between the Islamic Republic of Iran and the United
Nations.
220-Lastly, the Deputy Foreign Minister handed
over to the Special Representative a list giving official
Government information on the alleged executions of 3,620 people mentioned in different
reports of the Special Representative (E/CN.4/1988/24, E/CN.4/1989/26, A/44/620
and E/CN.4/1990/24). The information in the list had been compiled by the Statistics
Department of the Ministry of Justice and Police Identification Unit and the Registry
and Statistics Organization. A summary of the list is contained in appendix VI.
221-The Special Representative thanked officials
of the Ministry of Foreign Affairs and the Government for
the facilities and co-operation extended to him during his visit.
C. Hearing of prisoners at Evin prison
222-The visit to Evin prison took place on 13 October 1990. the
Special Representative was received by the Chief of the prison administration for
the Tehran area, his deputy, the director
of Evin prison and an official of the Ministry of Foreign Affairs. The Chief of
the prison administration explained that there were presently some 2,000 prisoners
detained at Evin, of whom 60 percent had ben sentenced
on charges relating to the use or trafficking of narcotics, 35 percent were common
criminals and only 5 percent (between 100 and 105 persons) were political prisoners.
He added that all political prisoners of Tehran
provinces were detained at Evin. The Director of Evin prison again stressed the
special character of the Iranian prison system which was aiming at the rehabilitation
and re-education of offenders. That explained the frequency of amnesties as well
as the possibility for many prisoners to be granted leave which could range from
three days up to a year. Leave could be granted both to common and political prisoners.
The prison officials expressed regret that the Special
Representative had chosen mainly persons who were known as opponents to the Government,
or had been newly arrested, because there had been little time for the authorities
to influence in a positive manner their misguided convictions. He further stressed
that the prison administration must be given an opportunity to defend itself against
any unjust accusation that might be voiced by any prisoner the Special Representative
would see.
223-Since the Special Representative had already
visited various installations at Evin prison, he requested that his visit be devoted
this time exclusively to a hearing of the 26 prisoners he had selected. The 26 names
given to the authorities on 9 October 1990
concerned cases on which the Special Representative had received particularly detailed
information. They can be classified into the following categories: (a) prisoners
allegedly convicted and sentenced to execution; (b) prisoners allegedly subjected
to torture; (c) prisoners who allegedly suffered reprisals after having met the
Special Representative during his first visit; (d) prisoners of foreign nationality;
(e) prisoners belonging to the group of the persons who had signed the open letter
of former Prime Minister Bazargan to the President; (f)
prisoners belonging to the Baha'i community; and (g) a group of female prisoners,
two of whom the Special Representative had seen during his first visit.
224-The Special Representative was told upon arrival
at Evin prison on 13 October 1990
that, for various reasons, it would not be possible to see all 26 persons. The Special
Representative, therefore, handed to the authorities an additional list of six persons.
225-The Director of Evin prison explained that
two persons appearing on the first list had been released, four persons had been
granted leave, and that two persons were detained at Arak
and Karaj, respectively, and could, therefore, not be
met at Evin. For a group of 10 prisoners (six on the first list and four on the
second) he had not received authorization from the prosecutor to present them to
the Special Representative, since their cases were still under investigation. The
Special Representative pointed out that the cases of other prisoners whom he would
be allowed to meet were also under investigation, in some instances even in connection
with the same offence of which other prisoners whom he would not be permitted to
see were charged.
226-Appendix IV of the present report contains
the names of all those prisoners which the Special Representative had requested
to see, as well as the reasons given by the authorities with regard to those with
whom he could not meet.
227-Among the persons who were not available for
a hearing by the Special Representative was Mr. Roger Cooper, whom the Special Representative
had unsuccessfully tried to see during his previous visit. Asked about the reasons,
the Director of Evin replied that the trial of Mr. Cooper was still pending. The
Special Representative recalled that, on his first visit, he had ben told that Mr. Cooper had been sentenced to 10 years in prison
and that this sentence was being translated into English. The Director said that
the trial was not over because the sentence had been appealed. The Special Representative
said he did not consider this a valid reason for refusing to let Mr. Cooper see
him, for the interviews were neutral and had nothing to do with the status of the
trials. Moreover, some of the other prisoners he was going to interview had appealed
their sentences and he did not see why Mr. Cooper's case should be handled any differently.
The Director replied that a new accusation had been made against Mr. Cooper and
another trial had begun, relating to moral issues. He then confirmed that Mr. Cooper
had been sentenced to 10 years of imprisonment.
228-During the ensuing interviews, which took
place in an office of the administration of Evin prison without the presence of
Iranian officials, the Special Representative spoke briefly with the following persons:
Mr. Jamshid Amiri-Bigvand, Mr. Bahman Agahy, Mr.
Hooshang Ahmadi Bigvand, Mr. Noureddine Kianouri, Ms. Meriam Feirouz, Mr. John Pattis, Mr. Nour Ali Tabandeh, Mr. Ali Ardalan, Mr. Farhad Behbahani, Mr. Hossein Shah Hosseini, Mr. Badiullah Sobhani, Ms. Sakineh Sedaghat, Mr. Ezzatollah Sahabi, and Mr. Khossro Mansourian.
229-The Special Representative first received
Mr. Kianouri, the former Secretary-General of the Tudeh Party, whom he had already seen during his first visit
and who, on that occasion, had made serious allegations of torture. He also saw
his wife Meriam Feirouz. Concerning
both persons, allegations have been received that they had suffered reprisals subsequent
to the Special Representative's first visit (see para.
76). Mr. Kianouri stated that the permission given to
him to see his wife and daughter once a week for one hour had been reduced to one
telephone call to his wife every four weeks and one visit from his daughter every
two weeks. However, he had not been placed in solitary confinement, as alleged,
and three weeks before, the previous rhythm of visits was again being applied. He
appeared to be in better physical condition than in January 1990. Mr. Kianouri further stated that he had requested that permission
be given to his wife to undergo surgery outside the prison, but that he authorities
had so far not acceded to this request. Mrs. Meriam Feirouz referred to various types of torture inflicted upon
her at the beginning of her detention, which started in 1982. This torture had resulted
in the loss of hearing in one ear, considerable difficulty in swallowing food and
various other consequences as a result of heavy beatings. She requested that she
be allowed to give her statements standing, as she suffered pain when sitting. Given
her physical condition, she had requested the prison authorities not to oblige her
to share a cell with others and this has been granted. On the other hand, the lack
of company has resulted in serious psychological strain. She also said that during
the eight years of her detention, and particularly during the past three years,
she had received sympathetic treatment from a number of persons within the prison.
230-The Special Representative then met Messrs.
Ardalan, Behbahani, Mansourian, Sahabi, Shah Hosseini and Tabandeh, who had signed
the open letter of former Prime Minister Mr. Bazargan
to the President of the Islamic Republic of Iran. These persons stated that they
had been arrested in June 1990, some 20 days after the publication of the open letter,
and since then had been kept in solitary confinement, some at Tohid prison (formerly called Central Komiteh
Prison) and at Evin prison. While some of them stated that they had received written
charges, others said that they had learned of the accusations indirectly through
questions put to them by their interrogators. According to the detainees, the charges
varied from case to case, such as " measures offending
national interest and sovereignty" , " participation in activities against
the revolution and national interests" , " publication of the open letter
and dissemination of its contents abroad" , etc. In several instances, the
interrogators alleged that there had been a co-operation between the group of signatories
of the open letter and a foreign intelligence agency and that by publicizing the
letter abroad the group had played into the hands of the enemy. Mr Ardalan, the Chairman of the executive
committee of the Association for the Defence of Freedom and the Sovereignty of the
Iranian Nation, categorically denied that the Association had attempted to become
a political alternative to the present Government or had ever engaged in activities
that could be construed in any way as espionage. If any of the co-signatories of
the open letter had had contacts abroad, this was a private initiative of the individual
concerned and not a policy of the Association. Mr. Behbahani
stated that the authorities had resented that the open letter had reached foreign
media. In this connection, he was questioned about a visit to the United
States where he had met friends nine months before
his arrest. He stressed, however, that he had neither been accused of, nor had he
confessed to, any charges of espionage. When he appeared on television on 6 August 1990, he had simply admitted to
having realized that the position taken by the group of signatories was in conformity
with the policy of a foreign Power and that, as such, their position was wrong.
He also expressed himself in favourable terms with regard
to prison conditions. He said that the treatment was satisfactory and the food superb.
This contrasted sharply with statements by others who complained about the extended
duration of solitary confinement (at Tohid prison in cells
not bigger than 3 by 1.17 metres)_
for which there was no legal limit as long as the case remained under investigation,
the very rare occasions on which contacts with relatives had been permitted and
the lack of legal counsel. In one case, severe beatings were alleged. Generally,
most of the persons belonging to this group appeared to be under great stress. Some
of them requested specialized medical treatment from outside the prison, in view
of their ailments, advanced age and the difficult conditions of four months of solitary
confinement.
231-The Special Representative also met messrs. Amiri-Bigvand,
Agahy and Ahmadi Bigvand, all accused of espionage (see para.
35). The first two persons confirmed that they had been tried and sentenced to execution,
whereas the third person declared that his trial had taken place two years ago and
that he was still awaiting to be informed of the sentence.
Their trials had taken place before a revolutionary court, without formal charges
or defence counsel. One of them stated that his trial had lasted only 15 minutes.
The two convicted persons had made confessions on television and had appealed against
the verdict. They had not been informed of the follow-up to their appeals.
232-The Special Representative also saw Mr. John
Pattis, a United States
citizen sentenced to 10 years' imprisonment on spying charges. Mr. Pattis said that he had admitted to working for a foreign intelligence
agency. During the investigations, he had never been presented with formal charges
and was held for three months in solitary confinement. In September 1986, he made
a public confession on Iranian television. His trial before a revolutionary court
took place in March 1987 before one judge, one representative of the prosecutor
and one interpreter. There were three witnesses of the prosecution and the court
session lasted approximately four hours. He had not benefited from legal counsel
and the sentence was passed with the annotation that it could not be reduced. Since
then, he has received three consular visits, in 1987, 1988, and 1989, from the United
States Interest Section at the Swiss Embassy. He had not been tortured but had received
threats. He was being held in a cell with two other foreigners (Mr. Cooper and a
prisoner of German nationality) and affirmed that prison conditions had improved
significantly before the Special Representative's two visits.
233-Mr. Sobhani, a retired
employee of the Ministry of Education, stated that he had been arrested a month
before, as he was unable to repay the pension he received during the past 14 years.
This had been requested since he was a Baha'i. He was simply told by the authorities
that, as long as his family could not pay his bail, he would remain in prison. He
had never been formally charged, nor had he been presented to a judge. Since he
had no hope of ever being able to pay the requested sum, he feared that he would
be imprisoned for the rest of his life.
234-The Special Representative also received Ms.
Sakineh Sedaghat Rashdi, who was arrested in 1988 while trying to leave the country
illegally. She was sentenced by a revolutionary court to three years' imprisonment,
without access to legal counsel and stated that she had recently received permission
to leave the prison for one week and was receiving visits from members of her family.
D. Trial proceedings at Evin prison
235-The Special Representative had requested the
opportunity to be present at trial proceedings of a revolutionary court concerning
an offence for which capital punishment may be pronounced. On 14 October 1990, he was invited to attend
trial proceedings at Evin prison which, however, appeared to concern an offence
(armed robbery and banditry) that does not fall into the competence of revolutionary
courts. According to official information received from the Ministry of Foreign
Affairs, revolutionary courts are competent fro the following cases: " All
crimes committed against the internal and external security of the state, or related
to corruption on earth or war against Allah; attempts against the life of political
authorities; all crimes related to narcotics and smuggling; all cases related to
murder, massacre, imprisonment, and torture with the purpose of consolidating the
Pahlavi regime and suppressing the struggle of the Iranian
people, both as perpetrator and abettor; misappropriation of public funds and profiteering
and hoarding of foodstuff" .
236-A judge presided over the hearing in the presence
of nine accused and five victims. There was a defence lawyer who asked to speak
at the end of the hearing, before sentence was passed. The judge read out verses
from the Koran and then asked the accused to introduce themselves
and answer questions. The prosecutor read out the accusation, mentioning eight different
acts of armed robbery committed by the nine accused. The six victims then testified.
237-The prosecutor asked each of the accused whether
they admitted to having committed the offences, and all of them answered in the
affirmative. The judge repeated the question, asking the accused whether they admitted
to the offences; they again answered in the affirmative. The judge asked each of
them what he had to say in his own defence and they all answered that they simply
begged forgiveness. He then asked one of them why he had committed the offence and
the answer was one word: " stupidity" . The judge asked whether they were ready to apologize
to the victims and some of them simply said no.
238-The judge turned to the victims. The first
of them said that the held to his version that the attackers had used weapons, even
though they denied this. One of the plaintiffs said that one of the accused had
apologized to him but the other two had not, and if they apologized he would withdraw
his complaint. Each plaintiff in succession then described his reaction and wishes.
E. Information received by the Special Representative
from non-governmental sources
239-The Special Representative was informed by
the Minister for Foreign Affairs that a number of Iranian non-governmental organizations
had requested the Ministry to arrange for meetings with him during his stay in Tehran.
The Special Representative accepted this request and, on 12 October 1990, met representatives of the following
organizations: Organization of Iranian Women; Workers' House; Organization for Defending
Victims of Violence; Association of Families of Martyrs; Teachers' Association;
Writer's Association; Association of High School Students; and Organization for
the Defence of Victims of Violence.
240-The Organization of Iranian Women stressed
that women enjoyed freedom in absolute terms without any limitations. They stated
that women had freely chosen the law of Islam and that their only complaint was
that not all Islamic rules were yet fully implemented. They thought it a cruelty
to pretend that men and women are equal, since the two sexes had very distinct characteristics.
241-The representatives of Worker's House explained
that that organization was the principle trade union of the country and participated
in the work of the International Labour Organization. He stated that many of its
leaders had been assassinated by counter-revolutionary groups and that they still
feared for their safety. The most recent assassination had taken place at Sanadah some two weeks before. He described the union's relationship
with the Government as satisfactory, although not all promises had been fulfilled
and difficulties with regard to housing and the level of salaries still existed.
However, the organization had realized the limitations that the Government was facing
in this regard in view of the consequences of the war that had been imposed by it.
242-The Organization for Defending Victims of
Violence presented several witnesses, three of whom stated that they had been former
members of the Mojahedin Organization. They had subsequently
been imprisoned and amnestied. All of them stated that they had received " humane and Islamic treatment" while in prison. At present they did not have
problems with the authorities but were living in constant fear of reprisals by the
Mojahedin Organization. One of them said that he had been
given a job in the administration. A fourth witness aid that he was a former communist
but realized that his activity as a journalist for communist publications was equivalent
to the crime of spying. Two persons presented by the Organization, Ismail Asghar-Nejad and Mohammad Shabanzadeh, stated that their names had been included in a
list published by the Mojahedin Organization of persons
allegedly executed by the Government. They showed their identity cards, of which
photocopies were taken. The name of the first person appears in the list of alleged
executions annexed to the Special Representative's report to the forty-fifth session
on the Commission on Human Rights. 2/ The name of the other
person does not figure in any list available to the Special Representative.
243-The Association of Families of Martyrs requested
the Special Representative to devote particular attention in his report to the problem
of terrorist acts committed by the Mojahedin Organization
and, in this connection, reported several killings. The Special Representative was
also asked to reaffirm the specific rights of the martyrs of terrorism. The Association
further referred to the Baha'i community, which they accused of financially supporting
the State of Israel. Those Baha'is who refrained from such activity did not suffer
any discrimination in the country.
244-The Association of Teachers referred to certain
problems that those in their professions were facing, which they, nevertheless,
fully accepted. The difficulties they mentioned concerned economic restraints for
schools, limitations for women with regard to pursuing certain university studies
and limitations for Armenians and Kurds regarding the teaching of their respective
languages and culture in their schools. They also complained that it was not admissible
to criticize the Government for such situations.
245-The Writer's Association, represented by three
women, referred to the strict control to which they had been subjected during the
Government of the Shah. The main problem they were facing at present was the fact
that they were not allowed to write about non-religious subjects. Numerous members
wished to describe the problems of present-day Iranian society in the form of a
story. This was, however, not permitted. All literary works required the approval
of the Ministry of Culture and Islamic Guidance and it was impossible to have paper
allotted by the Government and have literature published without such approval.
The association considered itself in opposition with the government, but wanted
to underline clearly the distinction between themselves and any opposition groups
existing outside the country. They stated that the Government did not prevent unarmed
opposition.
246-The Association of High School Students informed
the Special Representative that an organization of guardians of the Islamic society
had been established in every high school, which resulted in certain limits with
regard to the freedom of expression and instruction. Generally, they complained
that standards of teachings were low and that classes were over-crowded. Although
secondary education was free of charge, important expenses had to be incurred by
the families for book and teaching materials. For that reasons, they had decided
to leave the organization of Guardian and to create their own association. This
did not mean, however, that they were political opponents of the Government or that
they sympathized with the Mojahedin Organization, whose
members they considered as terrorists.
247-The Association of Students explained their
objectives as encompassing the struggle for freedom of expression, the promotion
of sound intellectual and political activities, and a campaign against oppression
and anti-human movements. The Association presented various allegations concerning
the activities of the Mojahedin Organization.
248-The Association for the Defence of the Victims
of Violence also denounced several attacks by the Mojahedin
Organization.
249-At the request of the Ministry of Foreign
Affairs, the Special Representative also paid a brief visit to the Institute for
International Studies. The Director of the Institute explained hat, already I the
late nineteenth century, a similar institution was founded which was later incorporated
into the University of Tehran.
In 1973, a new Institute, separate from the University, was created. It was seized
in 1980 and re-established in 1983. At present 380 students studied at the Institute,
of whom 100 were staff members of the Ministry of Foreign Affairs. Four permanent
professors and several invited professors gave courses on the practice of diplomacy
and negotiation. Every year a number of students attended the session of the General
Assembly. Owing to the lack of time, the Special Representative briefly greeted
the students, but was not in a position to give a lecture to them, as had been requested.
F. Information received from private persons
250-During his stay in Tehran,
the Special Representative once again paid a visit to Mr. Mehdi
Bazargan, first Prime Minister of the Provisional Revolutionary
Government, who received him in the company of Dr. Yazdi,
former Foreign Minister of the same government. Mr. Bazargan
expressed great concern over the detention of signatories of his open letter to
the President and emphasized the illegality of both the arrests and the fact that
the authorities had voiced accusations in public, in particular, such serious charges
as espionage. The latter violated the principle of presumption of innocence of the
accused. Mr. Bazargan pointed out that, after the arrest,
he had sent a series of additional letters to the authorities, in particular the
Head of the Judiciary, of which he handed copies to the Special Representative.
He said that he had never received any reply to those letters.
251-The open letter criticized the government
for the worsening economic and social situation and the lack of freedom and security
in the country. It accused the Government of mismanagement and of an extremist foreign
policy which has led to the country's isolation in the international community.
The signatories of the letter invited the President and his Government to take the
following measures and policies:
"(a) To prevent
the perpetration of violations and destructions in the country and to avoid signing
subjugating and not nationally supervised agreements with foreigners;
"(b) To restitute the legitimate rights of
people stipulated in chapters 3 and 5 of the Iranian Constitution and to stop suppressive
policies of some [government] institutions and organs;
"(c) To safeguard and guarantee freedoms
of activity for those political parties and associations and press which have legal
and open activities;
"(d) To provide opportunities for free and
undisturbed debates, talks and exchange of views for the purpose of resolving problems
of the country and seeking sincere co-operation of people and eventually paving
the way for establishing the legitimate rule of the people"
252-Mr. Bazargan further
stated that none of the arrested persons had been allowed to avail themselves of
legal counsel, that virtually all were held in isolation and that their contacts
with relatives and friends had been extremely limited. As he had stressed in various
letters to the authorities, it was illegal to detain persons without informing them
of the charges held against them within 24 hours and keep them in solitary confinement
for such extended interrogation by agents of the Ministry of Intelligence without
passing the cases to the competent courts. He also drew the Special Representative's
attention to the precarious health situation of some of the detainees. He further
mentioned that the offices of both the Freedom Movement (the party of which he was
president) and the Association for the Defence of Freedom and the Sovereignty of
the Iranian Nation had been closed by the announcement and that all their files
had been confiscated. According to an announcement of the revolutionary prosecutor,
the Association for the Defence of Freedom and Sovereignty of the Iranian Nation
had been prohibited. However, the revolutionary prosecutor was not competent to
make such a statement and a ruling concerning the dissolution of a political party
or association, in accordance with the existing laws on political parties and associations,
could only be made by the special court of the Ministry of Justice upon a complaint
by the Minister of the Interior. With regard to his own party, the Freedom Movement,
no formal decision had been taken, but since its building and files had been confiscated,
its activities were de facto restrained. The Freedom Movement had provided all the
information required by the Ministry of Interior in accordance with the Law on political
parties and the Minister had not declared its functioning illegal within the three-month
period stipulate by the law.
253-Mr. Bazargan further
mentioned that on numerous occasions the authorities had officially recognized the
right to criticize the Government and an example of this were the discussions in
the Majlis (Parliament). However, a number of deputies
had publicly declared that they did not feel safe to say everything they wanted
to say. He cited several names of deputies who had been eliminated from the Majlis as a consequence of critical statements.
254-Other private persons, including Ayatollah
Seyed Abolfazl Musavi Zanjani, the author of a comparative
study on Islamic principles and the Universal Declaration of Human Rights, complained
about the lack of freedom of expression. According to assertions by several persons,
the manner in which this manifested itself varied from case to case, ranging from
intimidation and threats by members of the revolutionary guards or other organized
groups, dismissal from employment, exclusion from public activity to detention and
indictment or de facto isolation or house arrest, such as in the case of Ayatollah
Qomi in Mashad or Ayatollah
Rohani in Qom. These persons
also referred to a variety of strict measures of control over any opposing views,
such as the inspection of correspondence, the tapping of telephone conversations,
and a network of inquisition exercised by the revolutionary guards and agents of
the Ministry of Intelligence.
255-Relatives of Mr. Amir
Taavoni reported that he was arrested, together with his
wife and his four year old daughter in 1982, on charges of sympathizing with the
Mojahedin Organization. His daughter was released after
40 days in detention and he was sentenced seven months later to five years of imprisonment.
The relatives affirmed that he was tortured and that as a result of the beatings
he could hardly stand on his feet when they visited him at Evin prison. He was released
in 1986 and, since he could not obtain a passport, he fled the country together
with his wife and daughter. He was rearrested at the frontier in 1987 and, after
10 months of imprisonment, without trial, was executed at Evin prison.
256-One person, who requested that his name be
kept confidential, alleged that some 50 former members of the Mojahedin Organization were kept in incommunicado detention
at Evin prison in the so-called " Section 209"
. The names of these prisoners did not appear on the prison register and the persons
detained in this Section required the urgent attention of the Special Representative.
A similar assertion was received from a former detainee at Evin prison. Since this
information was given to the Special Representative on the last day of the visit,
he had no occasion to follow it up with the authorities.
257-Nahid Arabali, Effat Bahrololoum, Ali Jajarmi, Maryam Rahmanian-Kooskaki and Mahshid Shakernia stated that the Mojahedin
Organization had reported their execution. They presented their identity cards and
it was later established that the names of the first and third person appear in
a publication by the Mojahedin, that the names of the
second and fifth persons are listed in the annex of the Special Representative's
report to the General Assembly at its' forty-fourth session (A/44/620), and that
the name of the fourth person is included in the annex to the report to the Commission
on Human Rights at its forty-fifth session. 3/ It should be noted, however, that
the lack of personal data other than the name, as well as discrepancies in the spelling
of names do not permit one to establish with certainty that the listed persons are
identical with those who appeared before the Special Representative.
258-Several persons said that they were Iranian
prisoners of war in Iraq
and alleged that they had been induced by the Mojahedin
Organization to join their ranks. The Special Representative considers these situations
outside the framework of his mandate and, therefore, refrains from reporting on
the numerous descriptions he received on such cases.
259-Co-ordination between Islamic law and international
law was the subject of a private conversation with Ayatollah Yafari, who long before had invited the Special Representative
to discuss that matter with him. The Ayatollah expressed the view that a truly universal
order of the rights of human beings should be based on the common principles of
Judaism, Christianity and Islam. In this connection, he suggested the creation of
an " Abraham Society" in the framework of which the implementation of
these principles could be studied.
260-Hundreds of letters and written communications
were again received by the Special Representative during his visit. Since most of
them were received in Farsi, they could not be translated and analyzed in time for
the completion of the present report. The Special Representative, therefore, intends
to revert to these communications in his report to the next session on the Commission
on Human Rights.
G. Meeting with members of the Baha'i community
261-The Special Representative also met three
members of the Baha'i community, who essentially confirmed the allegations received
earlier. At the same time, they recognized the willingness of the Government to
solve the outstanding problems and stated that discrimination, n particular business
and occupational deprivation, although still existing, had been somewhat relaxed,
that confiscation of property had been limited in the present year to one case only
and that petitions regarding confiscation of farms and orchards had met with some
positive reactions, though so far with little tangible results. Nearly 300 Baha'is
had applied for passports but only 24 had obtained them, as well as the necessary
exit permits, and some more had been summoned to interviews, possibly leading to
the issuance of passports. Baha'i students were still not admitted in colleges and
universities, but those who were denied admittance in primary or secondary schools
were not permitted to continue their education at pre-college levels. The courts
of justice still did not accept heredity petitions presented by Baha'i heirs and
many Baha'is were deprived from entering into business transactions. However, in
some localities Baha'is were now being granted business
licenses. With regard to the problem of cemeteries, there were still no formal ownership
rights given to the Baha'is guaranteeing their places of burial. Medical doctors
could only exercise in private practises and could not
take part in the national insurance scheme, and Baha'i lawyers were not admitted
in the bar association or in courts. Reference was also made to the enormous financial
pressure to which members of the community were subjected, to the impossibility
of obtaining credit, or to accede to higher positions, even in cases of academic
qualifications acquired abroad. A person who had been involved in scientific research
for many years related how she had been ousted from Tehran
University, together with other Baha'i
professors who were now trying to survive as truck drivers or flower salesmen.
262-Some positive developments were said to consist
in the partial lifting of the ban on meetings, allowing a maximum of 15 Baha'i to
attend their 19-day feasts. For Baha'i funeral meetings there were no restrictions
on the number of persons attending. Furthermore, Baha'i families received food allowance
booklets and coupons and were given permission to connect their telephones, which
had been interrupted for many years. Finally, regulations affecting married conscripts
were now also being applied to Baha'is.
H. Meeting with the Armenian community
263-On Sunday, 14 October 1990, the Special Representative attended mass
at the Armenian Orthodox Church and met Archbishop Artak
Manookian. Allegations received prior to the visit in
connection with the situation of the Armenian community are reflected in paragraphs
98 to 101. The Archbishop deplored in particular the extremely limited possibility
of language training in the Armenian schools — only two hours per week at the primary
school level and none at the secondary school level — as well as the lack of religious
education. In the latter respect, some progress had been made in reaching an agreement
with the Government in the question of the catechism, but the implementation of
the agreement was still being awaited.
V. Observations
A. General observations
264-Following the submission of his final report
to the Commission on Human Rights, 4/ the Special Representative received copious,
diverse information on the situation of human rights in the Islamic Republic of
Iran. Encouraged by his first visit to the country, Iranian exiles of all political
persuasions, relatives and friends of people with police or judicial problems and
non-governmental organizations working for the protection of human rights all provided
such information. Hundreds of letters were received, some of them in English or
French but most in Farsi. During his second visit to the country, the Special Representative
also received information about specific cases and heard the Government's views.
265-Charges and counter-charges, allegations and
counter-allegations are alluded to briefly in the relevant chapters of the provisional
report. Often conflicting data and views have been included, giving an idea of the
diversity of opinions, some of them extremely polarized, as to the situation in
the Islamic Republic of Iran. There are virtually no accounts of situations or specific
cases whose accuracy and veracity are not disputed.
266-This final chapter summing up the provisional
report contains general or specific observations, depending on the matters at issue.
In a way, the observations are the forerunner of the conclusions which the Special
Representative will submit in his final report to the Commission on Human Rights,
but they are separate and distinct from those conclusions. The recommendations addressed
to the Government of the Islamic Republic of Iran in earlier reports therefore remain
valid.
267-In preparing the programme of work for the
second visit, it was necessary to select cases which were sufficiently important
on which sufficient details were available for them to benefit form on-site investigation.
It was possible to take up most, but not all, of the cases selected on previous
occasions: the cases of 10 prisoners accused of espionage or similar offences could
not be investigated because the Government would not allow the prisoners to be interviewed.
The Special Representative deeply regrets that he was not allowed to interview these
prisoners for he believes that they could have given him information about due process
of law and the prison system. The Special Representative was also unable to visit
Gohardasht prison, where he had planned to request an
interview with four prisoners. The Government was given only a few hours advance
warning of his desire to visit Gohardasht and he was not
informed of its reasons for refusing permission.
268-On his second visit, the Special Representative
did not have to contend with the crowds who obstructed his first visit. On some
days, relatively small groups of people blocked the entrance to the office where
he generally heard witnesses, but even so he was able to receive witnesses at the
office and to question others at the Estelghlal Hotel
and in private homes. Of course, the rule of confidentiality was observed with regards
to the names of people who requested it.
269-The information he received concerned executions,
ill-treatment and torture, lack of defence counsel in trials before the revolutionary
courts, failure to notify detainees of the charges against them immediately after
their arrest, difficulties in ensuring public trials, restrictions on the press,
on the publication of books and on artistic creation, problems with the right of
petition and obstacles to forming associations in general and political parties
in particular.
270-In general, witnesses and observers often
seem to seem the Special Representative's visit to the country as operating as some
kind of panacea, and they tend to expect spectacular results from it. That, after
all, is the attraction of the panacea which, since time immemorial, has been sought
after both as a cure for individual diseases and as a solution to social problems.
It is very difficult, in one or two visits, to change a situation as if by magic,
or to investigate thousands of case when only a sample can be obtained of such cases
and their implications must be analyzed by means of logic. Visits are but a stage,
though obviously an important and essential one, in the process of verifying the
human rights situation in a given country, and evidence of a Government's desire
to co-operate with the competent United Nations organs.
B. Action taken by the Iranian Government
271-As a result of recommendations made in earlier
reports and matters discussed during the first visit, senior officials said that
the Government had taken steps to implement some of the recommendations. In particular,
they mentioned the decision to allow ICRC to visit prisons. The official notification
of the decision to allow prison visits imposes no restrictions whatsoever as to
the prisons that can be visited or the kinds of prisoners or their offences. The
Special Representative pointed out that in order to implement the decision, the Government would have to reach a working agreement
with ICRC because IRC begins to make prison visits only after such agreements have
been obtained. The Special Representative urged the competent officials to conclude
such an agreement as soon as possible so that regular visits to prisoners accused
of ordinary and political offences could begin. The competent officials said they
were ready to conclude a definite agreement with ICRC as soon as possible. On his
return to Geneva, the Special Representative
was informed that ICRC had submitted to the Government on 24 October 1990 details
of its traditional procedures for prison visits.
272-The Iranian Government has requested technical
assistance from the Centre for Human Rights. It has also brought together experts
from various countries and regions to consider ways of co-ordinating
Islamic law with the obligations imposed by international law. The Government has
also granted a number of amnesties which have benefited many prisoners (see appendix
VII). Iranian officials said that they had taken steps to improve conditions for
accused or convicted prisoners and that a special fund had even been set up, financed
by the Government and philanthropists, to provide them with financial aid.
273-Another noteworthy development is that the
Government has begun to reply to the allegations transmitted to it. It presented
a long list of people allegedly executed over a number of years (see appendix VI)
and a list of executions carried out since the beginning of the current Iranian
year (21 March 1990) (see appendix
V). The Government noted that there had been a decrease in the number of executions
as a result of the recommendations made in earlier reports.
274-In recent months, the Government's co-operation
with the Special Representative has improved and has come closer to, although it
has yet to reach, what could be considered a desirable level. The provision of information
on executions in a positive step, but a detailed response has yet to be forthcoming
on numerous allegations of human rights violations. The Government has reiterated
its willingness to reply to all these cases. It is therefore necessary to reiterate
to the Government the request that it reply in detail to all allegations regardless
of the date on which they were made, in other words, without drawing any distinction
between old and new allegations.
C. Specific Observations
275-Concerning the most important right, namely,
the right to life, it should be noted that according to estimates from non-governmental
sources based, inter alia, on statements by the Assistant
Attorney-General, the number of executions between January and May 1990 was relatively
high. Moreover, before completing his second visit to the country, the Special Representative
was given an official list indicating that 113 executions had been carried out since
21 March 1990. The figures provided
by sources abroad are considerably higher than the official figures. In any case,
the official figures are still higher than can be considered compatible with the
restrictive and exceptional circumstances in which the International Covenant on
Civil and Political Rights authorizes Governments to apply the death penalty.
276-The Special Representative has continued to
receive many reports about the absence of a lawyer at trials heard by the revolutionary
courts. On his second visit, in the course of interviews with prisoners at Evin
prison, he was able to confirm that in five cases the accused had appeared before
the revolutionary courts without defence lawyers. Two prisoners had been condemned
to death had not benefited from defence counsel, and had not even requested it because
they knew it was not allowed in revolutionary courts. A third prisoner, who was
tried two years ago and still has not been informed of his sentence, also did not
have a defence lawyer. In the first two cases, the sentence was the death penalty,
and the same penalty is expected in the third case. These cases confirm that, in
practice, compliance with this essential element of due process of law is inconsistent
and uneven.
277-Public trials are another element of due process.
According to information received, the Government has ruled, without mentioning
any exceptions, that trials must be public. Based on this, the Special Representative
pointed out that facilities for a public trial did not
exist in prisons. When he attended a trial in Evin prison, it was obvious that prison
trials can not really be public because access to them is subject to the restrictions
inherent in prison security. Entry to Evin prison is heavily supervised and restricted,
while a public trial requires access by the press and the public as and when they
desire. The room in which the trial was held was also too small for a genuinely
public trial to be held, for with nine accused, five plaintiffs and various court
officers, it was almost full.
278-The Special Representative found that in many
cases the constitutional obligation to inform an arrested person of the charges
against him immediately after his arrest had not been fulfilled. Some prisoners
had never been informed of the charges, while others were informed two or three
weeks after their arrest. A number were not informed in writing and quite a few
realized what the accusation was from the questions asked during their interrogation.
These cases would also seem to bear out similar allegations received from different
sources.
279-Special mention should be made of televised
confessions. The Special Representative talked to three people at Evin prison who
had appeared on television and confessed to the crime of espionage. All denied having
acted under pressure or in response to threats or promises. However, two of them
said that it was known from earlier cases that people who confessed their guilt
in public had their sentences reduced; and were treated more leniently, and that
they therefore expected something in return. Televised confessions have aroused
considerable skepticism and they are seen as lacking spontaneity and authenticity.
In view of this situation, the practice does not contribute to the proper administration
of justice. Rather, it undermines and obscures the administration of justice for
purposes alien to it, particularly when the practice takes place in the course of
the investigation.
280-Citizens who have availed themselves of the
right of petition have not received a reply from the officials petitioned. It should
be recalled that the right of petition imposes on to authorise
an obligation to respond to the petition, although not necessarily to grant it.
281-Concerning associations in general and political
parties in particular, it should be noted that the laws regulating them impose conditions
which, in theory, are supposed to ensure that the Constitution and moral and religious
principles are upheld. In practice, however, they have the effect of ensuring that
associations whose purpose is political propaganda and electioneering or the protection
of human rights are not legally recognized. Problems arise for individuals when
associations are in the process of being formed, since there is no clear distinction
between the individual responsibility of members and the responsibility of the association
themselves, or indeed of associations whose activities are authorized. Moreover,
until an association is recognized, no judicial remedies are available to it. Two
groups outside the Government have attempted to form legally recognized associations
and have made the corresponding applications to the Minister of Interior. These
are the Freedom Movement and the Association for the Defence of Freedom and the
Sovereignty of the Iranian Nation. Neither of these groups has been formally authorized
and their situation recently became more precarious when accusations were made against
some of their members. The authorities say that they have been given de facto authorization,
a situation which perpetuates the uncertainty about their activities and leaves
the right of association open to interference. Moreover, while they are allowed
to publish statements and manifestos, the authorities can at any time seize the
publication which provokes their displeasure. This tolerance does not extend to
participation in elections. The Bible Society, which has a long tradition and has
existed for many years, has also been dissolved and its papers confiscated.
282-In early June 1990, 90 former members of the
first Revolutionary Government and eminent persons from a very broad spectrum of
professions and occupations signed an open letter, the text of which circulated
world wide, in which they called on the Government to adhere to the Constitution
and criticized its economic policies. The Special Representative was able to interview
some of the letter's signatories, many of them members of the Freedom Movement and
the Association for the Defence of Freedom and the Sovereignty of the Iranian Nation,
at Evin prison. They claimed that the open letter was the sole reason for their
detention and that the accusation of espionage was a fabrication. One of the prisoners
interviewed, who had appeared on television, admitted that on a trip abroad he had
met with friends and that during the investigation he had acknowledges that the
views of the organization to which he belonged coincided with the position of foreign
news agencies, but said that he had neither committed nor admitted to committing
espionage. He said he had appeared on television on his own free will and that no
promises had been made to him. The other people interviewed vigorously denied having
engaged in espionage and said they hoped that each of them would be judged in terms
of his individual responsibility.
283- Some prisoners had been able to deduce from
their interrogations that the accusation was based on two facts: first, that foreign news agencies had published the contents of the
letter before it was made known in Iran
and, secondly, that the contents of the letter coincided with the customary position
of two foreign radio stations. None of the detainees admitted guilt and one said
that he had been severely beaten in prison.
284-The trial of these people will be a test case
for the application of the rules of due process. It should be noted that the rules
governing the Iranian judicial system establish that during a period of investigation
the accused remains in complete isolation. As mentioned above, the authorities allowed
the Special Representative to interview a number of the accused. The sequence of
events shows that the publication of the letter prompted and marked the beginning
of the judicial proceedings. The real reason for the official reaction may therefore
be the Government's displeasure at this kind of critics. As a result, most — if
not all — of the prisoners can be considered dissidents and prisoners of opinion
and that calling on the Government to adhere to the Constitution implied, by definition, that the Constitution was not being adhered to. As
subsequent events have shown, however, freedom of expression and the right of petition
are indeed being flouted.
285-From talking to journalists and writers, the
Special Representative was able to obtain information about restrictions on the
press, on the publication of books and on artistic creation. For the press, problems
begin with the distribution of paper, which is in the Government hands. The Government
can use this to put pressure on the mass media, giving them less than they need
if they deviate from the accepted or tolerated line. After this comes personal pressure
on journalist whose work is not, for one reason or another, in line with dominant
official opinion; such pressure has the effect of bringing the journalist somewhat
into line.
286-According to the information received, books
require prior authorization from the competent authority. The authorities say that
such authorization is granted or denied strictly on moral grounds, but the fact
is that, by law, books are also evaluated in terms of their adherence to the Constitution.
Since the Constitution is a political and legal instrument, political criteria therefore
also come into play. The writers and artists interviewed feel that artistic freedom
is being impaired. The Special Representative was told of the case of a woman writer
who published a book which apparently did not meet the necessary requirements, was
put in prison and has only just been released after serving her sentence. The owner
of the publishing house was also convicted. Writers and artists want more room for
artistic expression and say that the current regulations inhibit their freedom of
expression, both in literature and in the arts.
287-The information received about associations,
the press, books and artistic creation, the truth of which does not appear to be
in doubt, is consistent and coherent with the laws governing those matters which
senior officials explained in the course of interviews. Given the prevailing legal
and administrative situation, it does not appear possible to exercise the right
to disagree with the Government because the right presupposed an atmosphere of social
and political tolerance and adequate guarantees of legal security.
288-The Special Representative talked privately,
in private homes, to people who have no ties to the Government and have led a normal
life, without police or judicial complications. These people, however, agreed to
be interviewed only after taking numerous precautions to preserve their anonymity.
They said they feared reprisals if it became known that they had given information
about the situation in the country. They fear irregular groups and Komiteh and Pasdaran agents who use
intimidatory tactics. Many people interviewed at the UNDP
office and the hotel voiced the same fears. This is further evidence of people's
uncertainty about the consequence of their actions. This uncertainty is felt even
by members of Parliament, as can be seen from a statement made in Parliament by
Haeri Zadeh, representative
of the Province of Birjand: "
I am not secure enough to say what I want to say" .
289-Concerning the situation of the Baha'is, nine
of them are still in prison, but none has been executed in recent months. Many documents
signed by administrative authorities have been received, providing evidence of discrimination,
confiscation, rejection by universities, suspension of pensions, demands for the
return of pensions earned and paid, denial of passports and other irregularities.
Such measures are not take everywhere, nor in all administrative offices, and it
would seem that the attitude towards the Baha'is and their situation depends on
the temperament and personal convictions of individual officials. This keeps the
Baha'is in a perpetual state of uncertainty about their activities. The Government
should therefore be requested to take effective action to ensure that these Iranian
citizens enjoy the same civil and political rights as the rest of the population.
290-It can be concluded from the specific cases
that have been confirmed that the investigation of other cases would yield similar
results, in other words, evidence of further human rights violations. The enormous
quantity and variety o f allegations and complaints received from very diverse sources,
even allowing for the fact that they may contain errors or exaggerations, provide
a credible factual basis for the belief that human rights violations occur frequently
in the country and that government action to prevent and remedy such violations
has not been sufficient to put an end to them. We do not have the information to
judge what might be their common denominator. This explains the fear shown by independent
citizens who, when they talk, try to conceal their identity and what they really
thin, and the uncertainty felt by private individuals and senior officials alike,
which makes them extremely cautious about expressing their opinions and about how
they act in general.
291-The above observations all point to the same
conclusion: that it is both useful and appropriate that international monitoring
by the competent United Nations organs with a view to ensuring compliance with international
human rights instruments in the Islamic Republic of Iran should continue, that efforts
should be made to ensure the uniform and proper application of the appropriate norms,
and that a climate of confidence and legal and political security in which people
can exercise their individual rights without adverse consequences should be promoted.
Notes
1/E/CN.4/1990/24.
2/E/CN.4/1989/26.
3/Ibid.
4/E/CN.4/1990/24.
