 |
صادر عن مجلس حقوق الانسان
اصدر
مجلس حقوق الانسان الدولي تقرير عن شهر مارس 2013
حول وضع حقوق الانسان في ما يسمى بـ ايران ، وجاء
التقرير بخمسة ثمانون صفحة تضمن ارقام ومعلومات
تفصيلية عن الحالة الانسانية وما يتعرض له الانسان
من انتهاكات يمارسها النظام الايراني الديكتاتوري
على ابناء الشعوب غير الفارسية والشعب الفارسي ،
وان الحالة في ايران في مجال حقوق الانسان مقلقة
لما فيها من افراط كبير بحق الناشطين السياسيين
وسجناء الرأي وما يتعرضها لها هؤلاء الناشطين من
احكام جائرة وتعسفية تقضي بأعدامهم وممارسة بحقهم
التعذيب المبرح اثناء التحقيقات وسحب الاعترافات
عنوة تحت التعذيب الوحشي وومارستها من خلال اجهزة
خاصة بتعذيب الانسان .
التقرير تضمن قضايا عديدة بالاطلاع والوقوف على ما
جاء به لما له من اهمية ، التقرير يكشف عمق القمع
الايراني ومجالاته المختلفة وكلها متعلقة بحياة
الانسان .
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Human Rights Council
Twenty-second session
Agenda item 4
A/HRC/22/56
28 February 2013
Summary
The present report is the second to be submitted
to the Human Rights Council, pursuant to Council
resolution 16/9, and communicates developments
in the human rights situation of the Islamic
Republic of Iran that have transpired since the
submission of the Special Rapporteur’s second
interim report to the 67th session of the
General Assembly (A/67/369) in October 2012.
The present report outlines the Special
Rapporteur’s activities since the Council’s
renewal of his mandate during its 22nd session ,
examines ongoing issues, and presents some of
the most recent and pressing developments in the
country’s human rights situation. Although the
report is not exhaustive, it provides a picture
of the prevailing situation as observed in the
preponderance of reports submitted to and
examined by the Special Rapporteur. It is
envisaged that a number of important issues not
covered in the present report will be addressed
in the Special Rapporteur’s future reports to
the General Assembly and the Human Rights
Council.
Contents
I. Introduction
II. Situation of human rights
A. Free and fair elections
B. Freedom of expression, association, assembly
C. Human rights defenders
D. Torture
E. Executions
F. Women’s rights
G. Ethnic Minorities
H. Religious minorities
I. Lesbian, gay, bisexual and transgender
community
J. Socioeconomic rights
III. Conclusions and Recommendations
I. Introduction
1. The Special Rapporteur concludes in this
report that there continue to be widespread
systemic and systematic violations of human
rights in the Islamic Republic of Iran. Reports
communicated by nongovernmental organisations,
human rights defenders, and individuals
concerning violations of their human rights or
the rights of others continue to present a
situation in which civil, political, economic,
social and cultural rights are undermined and
violated in law and practice. Moreover, a lack
of Government investigation and redress
generally fosters a culture of impunity, further
weakening the impact of the human rights
instruments Iran has ratified.
2. The Special Rapporteur continues to seek the
cooperation of the Iranian Government in order
to engage in a constructive dialogue and to
fully assess the allegations of human rights
violations. He regrets that it has been not
possible for him to have a more cooperative and
consultative relationship with the Iranian
Government. He communicated his desire to visit
the Islamic Republic of Iran in order to engage
in dialogue and to further investigate the
veracity of allegations of human rights
violations most recently on 9 May 2012. However,
the Government remains reticent on this
engagement and his request.
3. The Special Rapporteur has also collaborated
with a number of other Special Procedures
mandate holders of the Human Rights Council to
transmit three Allegation Letters, 25 Urgent
Appeals, and 7 joint press statements in 2012.
In addition to these communications, he has
written to the Government on two separate
occasions to express his concern about the
ongoing house arrest of opposition leaders, as
well as about restrictions on women's access to
education.
4. The Special Rapporteur has continued to
complement the vast number of reports submitted
by non-governmental organizations and human
rights defenders through interviews with primary
sources located inside and outside the country.
In this regard, 409 interviews have been
conducted since the beginning of his mandate,
169 of which were conducted from September to
December 2012 and submitted for this report.
5. Furthermore, the Special Rapporteur wishes to
report two reprisal cases that have been
reported in the media in November and December
2012, in accordance with resolution 12/2, which
called on representatives and mechanisms to
report on allegations of intimidation or
reprisal.[1] In one case, three Afghan
nationals, Mr Mohammad Nour-Zehi, Mr Abdolwahab
Ansari, and Mr Massoum Ali Zehi, were reportedly
tortured and threatened with hanging for
allegedly submitting a list of executed Afghans
to the Special Rapporteur.[2]
6. Other reports have maintained that five
Kurdish prisoners located in Orumiyeh Prison, Mr
Ahmad Tamouee, Mr Yousef Kakeh Meimi, Mr
Jahangir Badouzadeh, Mr Ali Ahmad Soleiman, and
Mr Mostafa Ali Ahmad, have been charged with
“contacting the office of the Special
Rapporteur” “reporting prison news to human
rights organisations,” “propaganda against the
system inside prison,” and “contacting Nawroz
TV”.[3] The prisoners were reportedly detained
in solitary confinement for two months,
interrogated about contact with the Special
Rapporteur, and severely tortured for the
purpose of soliciting confessions about their
contact with the Special Procedure.
7. The Special Rapporteur is alarmed by these
reports and joins the Human Rights Council and
Secretary-General in condemning “all acts of
intimidation or reprisal against individuals
that cooperate with the human rights
instruments.”[4] He wishes to emphasize the
right of individuals to cooperate with the human
rights mechanisms of the United Nations, and
underscores the fact that such cooperation is
integral to their ability to fulfill their
mandates.
8. The Special Rapporteur takes note of the
Islamic Republic of Iran’s general observations
on the present report[5], appreciates engagement
through such responses, and continues to hope
for direct engagement, as these observations
should not preclude such cooperation. Comments
forwarded by the Iranian government primarily
express concern over (a) the Special
Rapporteur’s working methodology; (b) the
credibility of his sources of information; (c)
his assertions about the Government’s
cooperation with the human rights mechanisms;
and (c) his conclusions that allegations of
violations of human rights reported to him
demonstrate a need for Government investigation
and remedy.
9. The Special Rapporteur has outlined his
methodology on several prior occasions, and
asserts the highest standards of both rigor and
consistency in its application at all times. He
notes that evidence and testimonies submitted to
him have been assessed for compliance with the
non-judicial evidentiary standards required of
his mandate, that sources are cited
appropriately and copiously, whenever possible,
that only allegations that are cross-verified
and consistently leveled by various sources are
presented, and that his findings are in full
compliance with protocol stipulated by the UN
system. Names of sources are omitted whenever
requested, as required by the Special
Rapporteur’s Code of Conduct.
10. Furthermore, the Special Rapporteur has
referenced periodic reports recently submitted
to the treaty bodies by the Iranian government
throughout his report, but maintains that
participation or pledges made in such fora do
not on their own substitute for concretely
addressing and rectifying concerns raised by the
human rights instruments. He also continues to
underscore the fact that despite its standing
invitation, several requests to visit the
country remain outstanding, and that no visit
has been granted to any Special Procedure
mandate-holder since 2005.
II. Situation of human rights
A. Free and fair elections
11. The Special Rapporteur recalls Human Rights
Committee General Comment No. 25, which states
that article 25 of the International Covenant on
Civil and Political Rights (ICCPR) “recognises
and protects the right of every citizen to take
part in the conduct of public affairs, the right
to vote and to be elected and the right to have
access to public service.”[6] The right shall be
enjoyed and ensured without unreasonable
restrictions. Any conditions on this right must
be “based on objective and reasonable criteria”
without distinction of any kind, including race,
gender, religion, and political or other
opinion.[7] The Special Rapporteur is concerned
that significant and unreasonable limitations
placed on the right of Iranian citizens to stand
for Presidential office undermine their right to
“participate in the conduct of public affairs
through freely chosen representatives” who “are
accountable through the electoral process for
their exercise of that power”.[8]
12. The Iranian Government reported that under
its Constitution, candidates for the office of
President must be “political-religious men” and
faithful believers in the “foundation of the
Islamic Republic of Iran and official religion
of the country”.[9] Women are therefore excluded
from the Presidency and no female candidate has
been approved by the Guardian Council in the 34
years of the Islamic Republic of Iran. The
Iranian Constitution also deprives citizens who
hold political opinions contrary to that of the
Islamic Republic of Iran and the country’s
official religion of the right to stand for
President. The General Comment on article 25 is
clear that “political opinion may not be used as
a ground to deprive any person of the right to
stand for election”.[10]
13. On 11 February 2013, the Special Rapporteur
joined the Chair-Rapporteur of the Working Group
on arbitrary detention and the Special
Rapporteur on freedom of assembly and
association in a statement urging the Iranian
government to immediately and unconditionally
release former 2009 Presidential candidates Mr.
Mehdi Karoubi and Mr. Mir Hossein Mousavi, his
wife Zahra Rahnavard, and hundreds of other
prisoners of conscience who remain in prison for
peacefully exercising their rights to freedom of
opinion and expression, or freedom of
association and assembly during protests
following the 2009 Presidential election. The
Special Rapporteurs underscored the fact that
the two opposition leaders have not been charged
with a crime since their arrest, and that in its
August 2012 Opinion, the Working Group on
arbitrary detention confirmed that Mr Mousavi
and Mr Karoubi, are subject to arbitrary
detention by the Iranian Government contrary to
article 9 of the ICCPR.[11] In the case of Mr
Mousavi and Mr Karoubi it was reported that the
Iranian Chief Prosecutor suggested that the
opposition leaders repent and make full
restitution for transgressions against the
Government and State in order to participate in
the 2013 Presidential election.[12]
14. The Special Rapporteur is further concerned
that the Iranian Government has not established
an independent electoral authority as indicated
in General Comment 25 “to supervise the
electoral process and to ensure that it is
conducted fairly, impartially and in accordance
with established laws which are compatible with
the Covenant”. [13] He is also concerned about
the availability of information and materials on
voting in minority languages in Iran.[14]
Lastly, the Special Rapporteur recalls, more
broadly, that freedom of expression, assembly
and association “are essential conditions for
the effective exercise of the right to vote and
must be fully protected”.[15] Reports of
statements by Iranian officials issuing warnings
against those citizens who call for a ‘free
election’ and suggesting these calls are
conspiratorial and inimical to the Iranian State
or the principle of velayat-madari (obedience to
the Supreme Leader)[16] undermine the full
enjoyment of article 25 which requires “the free
communication of information and ideas about
public and political issues between citizens,
candidates and elected representatives”.
B. Freedom of expression, association, assembly
1. Journalists and netizens
15. The Special Rapporteur remains concerned
over the continued arrest, detention, and
prosecution of dozens of journalists and
netizens under provisions in Iran’s 1986 Press
Law, which contains 17 categories of
“impermissible” content. The Special Rapporteur
joined the independent expert on freedom of
opinion and expression, human rights defenders,
and the Chair-Rapporteur of the Working Group on
arbitrary detention on 4 February 2013 in
calling on Iran to immediately halt the recent
spate of arrests of journalists and to release
those already detained following the arrest of
at least 17 journalists, the majority of whom
work for independent news outlets. The group of
human rights experts underscored their fear that
the 17 arrests carried-out were part of a
broader campaign to crack-down on independent
journalists and media outlets, under the
accusation that they have collaborated with
‘anti-revolutionary’ foreign media outlets and
human rights organisations.
16. Prior to the aforementioned arrests, 45
journalists were detained in Iran.[17] All five
journalists interviewed about their arrests and
prosecution for this report maintained that they
did not face public trials-by-jury, in
accordance with the country’s Press Law. Two
journalists reported that they were arbitrarily
detained without charges and without ever facing
a trial; one journalist was allegedly detained
for several months and finally released with a
verbal warning, and the other was reportedly
detained for three years, without charges or a
trial, and were finally released on bail. Two
female journalists also reported serious sexual
harassment while in detention.
17. Furthermore, netizen Mr Mehdi Khazali began
serving a 14-year sentence for criticising the
Government on his freelance blog in October
2012; Mr Alireza Roshan, a reporter for the
reformist Shargh publication began serving a
one-year prison sentence in November 2012; Ms
Zhila Bani-Yaghoub, editor of the Iranian
Women’s Club website, began serving a one-year
term on charges of “propagating against the
system” and “insulting the president”, and her
husband, journalist Mr Bahman Ahmadi Amouee, is
serving a five-year sentence on “anti-state
charges”.[18]
18. The Special Rapporteur also remains
concerned by reports detailing the harassment of
family members of journalists who live and work
abroad. In a public statement, 104 journalists
called for an end to the harassment and
intimidation of their family members for the
purpose of placing pressure on journalists to
discontinue their work with such news agencies
as BBC Persian, VOA, and Radio Farda. One
journalist interviewed for this report, for
example, maintained that the passports of two of
her family members were confiscated, and that
the family was threatened with the seizure of
its property if the journalist persisted with
her work.[19]
2. Human rights defenders
19. Interviews continue to impart that human
rights defenders are subjected to harassment,
arrest, interrogation, and torture, and that
they are frequently charged with vaguely-defined
national security crimes.[20] A preponderance of
human rights defenders interviewed for this
report maintained that they were arrested in the
absence of a warrant, and subjected to physical
and psychological duress during interrogations
for the purpose of soliciting signed and
televised confessions. A majority of
interviewees reported that they were kept in
solitary confinement for periods ranging from
one day to almost one year, were denied access
to legal counsel of their choice, subjected to
unfair trials, and in some cases, subjected to
severe physical torture, rape (both of males and
females, by both male and female officials),
electro-shock, hanging by hands or arms, and/or
forced body contortion.
20. In April 2012, Ms Narges Mohammadi, a
co-founder of the Centre for Human Rights
Defense (CHRD), founded by Nobel Peace Prize
Winner Ms Shirin Ebadi, began to serve a
six-year prison sentence for “assembly and
collusion against national security”,
“membership in the Center for Human Rights
Defenders”, and “propaganda against the
system.”[21] It was reported that Ms. Mohammadi
was arrested and taken to Evin Prison, where she
was held in solitary confinement for days. On 11
June 2012, Ms. Mohammadi was transferred,
without explanation, to an unsegregated ward in
Zanjan Prison. Ms. Mohammadi suffers from
muscular paralysis[22] and seizures, and was
released on 31 July 2012 on medical furlough.
However, her sentence remains in place and she
can therefore be re-incarcerated at any time.
3. Lawyers
21. The Special Rapporteur continues to share
the International Bar Association’s concerns
regarding the erosion of the independence of the
legal profession and Bar Association in the
Islamic Republic of Iran.[23] Legislative action
such as the approval of the draft Bill of Formal
Attorneyship, which increases Government
supervision over the Iranian Bar Association, is
a case-in-point. The Special Rapporteur is also
concerned by article 187 of the Law of the Third
Economic, Social and Cultural Development Plan,
which has created a parallel body of lawyers
known as “Legal Advisors of the Judiciary”.
While the law has seemingly increased the number
of legal professionals in the country, partly
through a less onerous licensing process, the
Judiciary ultimately controls the licensing
process of all article 187 legal advisors. The
Special Rapporteur has also received reports
about the revocation of the licenses of article
187 legal advisers after they represented
prisoners of conscience.
22. Furthermore, the Law on Conditions for
Obtaining the Attorney’s License allows Bar
members to elect members of their Board of
Directors, but requires the Supreme Disciplinary
Court for Judges, a body under the Judiciary’s
authority, to confer with the Ministry of
Intelligence, the Revolutionary Court and the
Police to vet potential candidates for its
Board. Some Iranian lawyers have reported that,
in practice, candidates who represent human
rights defenders have been prohibited from
seeking Board membership as a result.
23. The Special Rapporteur continues to be
alarmed by reports of Government action
targeting lawyers. It is estimated that some 40
lawyers have been prosecuted since 2009, and
that at least 10 are currently detained,
including Mr. Abdolfatah Soltani, and Mr
Mohammad Ali Dadkhah. Mr Soltani was arrested in
September 2011 and is currently serving a 13
year prison sentence. On 29 September 2012, Mr
Mohammad Ali Dadkhah, a lawyer and co-founder of
the CHRD was summoned to Evin Prison’s Ward 350
to serve a nine-year sentence after being
convicted of “membership in an association
seeking the overthrow of the Government” and
“spreading propaganda against the system through
interviews with foreign media”.[24] Mr. Dadkhakh
was one the attorneys for Pastor Youcef
Nadarkhani, who was exonerated and released from
prison weeks earlier after being placed on trial
for apostasy.
24. On 17 October 2012, Ms Nasrin Sotoudeh, a
human rights defender and lawyer, who has been
imprisoned since September 2010, began a hunger
strike to protest restrictive conditions placed
on members of her family, including a travel ban
placed on her 12-year-old daughter in June 2012.
Ms Sotoudeh has defended, among others, Shirin
Ebadi. She ended her hunger strike on 4 December
2012 when the travel ban was lifted. Ms Sotoudeh
was temporarily released on a three day leave on
17 January 2013 to see her family, allegedly
with a promise of extending her leave into a
longer or permanent release. She was
subsequently returned to Evin Prison on 21
January 2013. [25]
D. Torture
25. The Special Rapporteur expressed concern
about reports of widespread use of torture in
his report to the 67th session of the General
Assembly. He further reported that 78% of
individuals who reported violations of their due
process rights also reported that they were
beaten during interrogations for the purpose of
soliciting confessions, that their reports of
torture and ill-treatment were ignored by
judicial authorities, and that their coerced
confessions were used against them despite these
complaints.
26. In response to this report, the Iranian
government maintained that allegations of
torture in the country are baseless since the
country’s laws forbid the use of torture and the
use of evidence solicited under duress. However,
the Special Rapporteur continues to maintain
that the existence of these legal safeguards
does not in itself invalidate allegations of
torture, and does not remove the obligation to
thoroughly investigate such allegations. He
further emphasises that widespread impunity and
allegations of the use of confessions solicited
under duress as evidence continue to contribute
to the prevalence of torture.
27. On 15 November 2012, the Special Rapporteur
joined the Special Rapporteurs on extrajudicial,
summary or arbitrary executions, torture and
other cruel, inhuman or degrading treatment or
punishment and on the promotion and protection
of the right to freedom of opinion and
expression in calling on the Government to
investigate the death of Iranian blogger, Mr
Sattar Beheshti. Mr. Beheshti was reportedly
arrested by the Iranian Cyber Police Unit on 30
October 2012 on charges of "actions against
national security on social networks and
Facebook.” His family was reportedly summoned to
collect his body seven days later. During an
interview for this report, an informed source
communicated that Mr. Beheshti was tortured for
the purpose of retrieving his Facebook user name
and password, that he was repeatedly threatened
with death during his interrogation, and that he
was beaten in the face and torso with a baton.
The source also stated that Mr. Beheshti
reported chest pain to other prisoners and that
authorities were made aware of his complaints,
but no action was taken. A domestic report
released in January 2013 by the Majles' National
Security and Foreign Policy Commission
criticized the Tehran Cyber Crimes Police Unit
for holding Mr. Beheshti in its own
(unrecognised) detention center, but fell short
of alleging direct wrongdoing in his death or of
calling for an investigation into the apparent
widespread maintenance of illegal detention
centers, operated by branches of Intelligence
services, in contravention of Iranian law.[26]
28. The Special Rapporteur is further troubled
by media reports that the memorial service for
Mr. Beheshti was raided by security agents who
beat and arrested members of his family, as well
as a number of attendees. It was further
reported that five security officers beat and
dragged Mr. Beheshti’s elderly mother by her
hair, and that his brother, Asghar Beheshti, was
also arrested and detained for two hours.[27]
29. It was also reported that in late October
2012, the home of Jamil Sowaidi was raided, and
that he was detained by plainclothes officers
claiming to be members of the Islamic
Revolutionary Guards Corps (IRGC). Frequent
attempts by Mr. Sowaidi’s family to inquire
about his whereabouts were reportedly rebuffed
by authorities. On 6 November, authorities
reportedly confirmed that Mr. Sowaidi had died
in custody and advised his family not to pursue
the case. The family’s request for an autopsy
was reportedly denied, and Mr. Sowaidi was
buried on 8 November 2012. The Special
Rapporteur strongly urges the Government to
conduct a comprehensive and transparent
investigation into Mr. Sowaidi’s death, and
encourages it to take measures to remedy the
matter, in accordance with international
standards.[28]
30. Of the 169 interviews conducted for this
report, 81 cases of reported detention were
examined for allegations of torture. It was
found that approximately 76% of interviewees
reported allegations of torture; 56% reported
physical torture, including rape and sexual
abuse; and 71% of those interviewed reported
psychological torture. In an effort to further
investigate the methods of torture reported by
interviewees, the Special Rapporteur examined a
study on Iran performed by one of the world’s
largest torture treatment centres, which
investigates and forensically documents evidence
of torture in accordance with Istanbul Protocol
standards.[29] Data collected was both
quantitative and qualitative, detailing “history
of detention, specific torture disclosures and
the forensic documentation of the physical and
psychological consequences of torture.”[30] The
medical-legal evidence presented in this study
appears to be consistent with a substantial
number of statements submitted to the Special
Rapporteur in which allegations of torture were
reported.
31. The study examines 50 of some 5,000
documented cases of torture reported by Iranians
to the centre since 1985. Twenty-nine of the
individuals whose cases were examined for this
study were detained in 2009, 14 in 2010 and
seven in 2011. Fifty-six percent of the cases
were detained only once in 2009-2011, while 44%
were detained more than once and up to three
times before leaving Iran.
32. The study concluded that methods of physical
torture described in the 50 cases included:
“blunt force trauma including beating, whipping
and assault” (100% of cases). The study found
that the “main forms of blunt force trauma
consisted of repeated and sustained assault by
kicking, punching, slapping and of beatings with
a variety of blunt instruments including
truncheons, cables, whips, batons, plastic
pipes, metal bars, gun butts, belts and
handcuffs. People reported being assaulted or
beaten on all parts of the body, though most
commonly on the head and face, arms and legs and
back. Most were blindfolded while beaten and
many were restrained, meaning they were unable
to defend or protect themselves.”
33. The study further found the following
methods of torture prevalent among the cases
reviewed: sexual torture including rape,
molestation, violence to genitals and
penetration with an instrument (60% of cases);
suspension and stress positions (64%); use of
water (32%); sharp force trauma including use of
blades, needles and fingernails (18%); burns
(12%); electric shock (10%); asphyxiation (10%);
and pharmacological or chemical torture (8%). Of
the cases sampled, 60% of females and 23% of
males reported rape.”
E. Executions
34. The Special Rapporteur continues to be
alarmed by the escalating rate of executions,
especially in the absence of fair trial
standards, and the application of capital
punishment for offences that do not meet “most
serious crimes” standards, in accordance with
international law. This includes alcohol
consumption, adultery, and drug-trafficking. It
has been reported that some 297 executions were
officially announced by the Government, and that
approximately 200 “secret executions” have been
acknowledged by family members, prison
officials, and/or members of the Judiciary,
making a likely total of between 489 and 497
executions during 2012.[31]
35. It has been reported that at least 58 public
executions were carried out this year. The
Special Rapporteur joins the High Commissioner
for Human Rights in condemning the use of public
executions “despite a circular issued in January
2008 by the head of the judiciary that banned
public executions”. He also joins the
Secretary-General’s view that “executions in
public add to the already cruel, inhuman and
degrading nature of the death penalty and can
only have a dehumanising effect on the victim
and a brutalising effect on those who witness
the execution.”[32] The Special Rapporteur also
remains concerned that provisions in the new
Penal Code, while not yet adopted, seemingly
broaden the scope of crimes punishable by death.
36. On 22 October 2012, Mr Saeed Sedighi, a
Tehran-based shop-owner, was executed along with
nine others on drug-trafficking charges,[33]
despite calls on 12 October 2012 by three
Special Procedures mandate holders to halt the
executions.[34] The Government has yet to
respond to due process-related queries,
including to allegations that Mr. Sedighi was
not permitted adequate access to a lawyer or
allowed to defend himself during his trial.
These rights are guaranteed by article 14 of the
ICCPR, as well as articles 32 and 34-39 of the
Iranian Constitution and by the country’s Law of
Respecting Legitimate Freedoms and Citizenship
Rights (2004), which determines criminal
procedure and defines fair trial standards.
F. Women’s rights
37. Reported statistics demonstrate that the
Islamic Republic of Iran has made remarkable
advances in literacy, access to education for
women, and women’s health during the past 30
years. Literacy and primary school enrollment
rates for women and girls are estimated at more
than 99% and 100% respectively, and gender
disparity in secondary and tertiary education is
reportedly almost nonexistent.[35] Statistics
also indicate that women have experienced
improved access to primary health care. The
maternal mortality rate is estimated at 24.6
maternal deaths per 100,000 live births, and
skilled attendance during delivery is 94.5
percent; which places Iran in the “on track”
category towards the MDG to improve maternal
health.[36]
38. Moreover, the country’s 5th National
Development Plan (NDP) calls for “focusing on
the needs and the creation of constructive
opportunities for women and youth”. The NDP also
refers to principles of equal pay for women and
the expansion of social support for “ensuring
equal opportunities for men and women and
empowerment of women through access to suitable
job opportunities”.[37] Several programs aimed
at advancing these goals have reportedly been
developed, including a scheme to generate “at
home” employment for women. The Chairman of the
Parliament’s (Majlis) Health and Treatment
Commission also recently announced the extension
of maternity leave from six months to nine
months, along with two weeks’ mandatory leave
for fathers.[38]
39. Gender-based disparities in economic
participation and political empowerment remain
problematic however, and some recent
developments threaten to reverse the
aforementioned achievements in education.[39]
These include unsuccessful legislative attempts
to reinforce polygamy and reduce work hours for
women, as well as current policy proposals that
discriminate against women in education and
further limit their civil rights, which are
discussed below.
World Economic Forum: The Gender Gap Reports:
2006, 2007, 2008, 2009, 2010, 2011, 2012[40]
1. International obligations
40. In 1993, the Committee on Economic, Social
and Cultural Rights (CESCR) noted that Iran’s
obligation to ensure equal opportunity for women
warranted particular attention, especially in
relation to the rights to education, work, and
family related rights. In 2006, authorities
partially agreed to the implementation of
recommendations made by the Special Rapporteur
on violence against women following her visit to
the country. This includes the agreement to
reform discriminatory provisions in the
country’s penal and civil laws, especially with
regard to women’s equal rights in marriage and
access to justice. In February 2010, the Iranian
Government also received and accepted eight of
the 13 recommendations that relate to women’s
rights during the Universal Periodic Review
(UPR).
41. In its second periodic report to the CESCR,
which will be reviewed during the Committee’s
50th session in April/May 2013, the Iranian
Government discussed its program to revise
“existing rules and regulations” with an aim to
advancing women’s participation, raising public
awareness about their “qualifications”, and
enhancing their skills.[41] The Government also
maintained that women’s affairs have received
“special attention in the economic, social,
cultural and political development plans of the
country”, commensurate with its view that “men
and women equally enjoy the protection of the
law, and enjoy all human, political, economic,
social, and cultural rights, in conformity with
Islamic criteria”.[42] In qualifying this
position, Government representatives have
asserted that while it is believed that “men and
women are equal in human dignity and human
rights, this is not to be confused with equating
men and women’s role in family, society, and in
the development process”.[43]
42. This viewpoint is further elaborated upon in
Iran’s “Charter on Women’s Rights and
Responsibilities; adopted in 2004. According to
its preamble, the Charter was developed in line
with the view that “there are various traditions
and perspectives regarding women’s rights based
on their different cultures”. The Charter,
therefore, specifies those rights the Government
believes belong to both genders, and emphasises
those rights it asserts to be specific to women
based on their “physical and psychological”
differences.[44]
43. In light of this viewpoint, the Special
Rapporteur joins the statement transmitted by
the Special Rapporteur in the field of cultural
rights, Ms. Farida Shaheed, which asserts that
while the tendency to view culture as an
impediment to women’s rights is “both over
simplistic and problematic”, “many practices and
norms that discriminate against women are
justified by reference to culture, religion and
tradition”.[45] In this respect, the Special
Rapporteur maintains that the aforementioned
emphasis on gender roles places limitations on
the Iranian Government’s obligation to protect
women’s full enjoyment of their civil,
political, social, cultural, and economic
rights. He asserts that this view arbitrarily
qualifies the degree to which women may enjoy
these rights as that which the Government
perceives to be in conformity with Islamic
criteria. The Special Rapporteur further
maintains that this particular argument
undermines the notion of universal rights, and
compromises the rights protected by the ICCPR
and the ICESCR for virtually half of the Iranian
population.
2. Socioeconomic rights
44. The educational attainment of Iranian women
is not yet reflected in their current economic
status. Statistics demonstrate that a
significant gender disparity continues to exist
in their participation in the labor market, and
women still only occupy a small percentage of
senior managerial positions. It was reported
that compared to the global labour force, 52%,
only 32% of Iranian women are actively engaged
in the labour market, compared to 73% of
men.[46]
45. The Special Rapporteur maintains that
certain legal limitations placed on women’s
employment, coupled with recent revisions of
laws that impact their socioeconomic rights,
severely weaken the Government’s ability to
promote gender equality and to make progress on
those recommendations communicated by the CESCR
in 1993, and during the 2010 UPR. These
limitations include Article 1117 of Iran’s Civil
Code, which provides men with the right to
legally prohibit their wives from engaging in
work outside the home if they can prove that the
work is incompatible with the family’s
interests. It was reported that members of the
Majlis recently proposed four articles that
require women to be married in order to become
members of a university’s scientific committee,
or to be employed at the Ministry of Education
and Training. The speaker of the Parliament’s
Social Commission reported that the
preconditions have not yet been approved.[47]
46. In June 2012, the Science and Technology
Ministry announced that women sitting for the
national entrance exam would be prohibited from
enrollment in 77 fields of study at 36 public
universities across the country.[48] It was
reported that female enrollment in hundreds of
courses offered during the 2012-2013 academic
year at Iranian public universities was
substantially restricted, including in courses
on petroleum engineering, data management,
communications, emergency medical technology,
mechanical engineering, law, political sciences,
policing, social sciences, and religious
studies. [49] Furthermore, policies to enforce
gender segregation provide “single-gendered”
university majors for alternating semesters in
lieu of entirely banning access to either male
or female candidates.[50] In response to
criticism from Iranian parliamentarians who
called for an explanation, the Science and
Higher Education Minister responded that 90% of
degrees still remain open to both sexes, that
single-sex courses were needed to create
“balance”, and that “some fields are not very
suitable for women’s nature”. In light of Iran’s
international obligations under the ICESCR and
the country’s Constitution, the Special
Rapporteur urges the Government to review
policies that could be discriminatory and set
back the progress it has achieved in women’s
education.
3. The right to freedom of movement
47. A married woman may not obtain a passport or
leave the country without her husband’s written
permission. In November 2012 the Chair of the
Parliament’s (Majlis) National Security and
Foreign Policy Commission announcedan amendment
to the country’s passport laws that would
require unmarried women under age 40 and males
under the age of 18 to acquire the consent of
their guardian or the ruling of a sharia judge
in order to acquire a passport.[51] Although
this amendment was finally rejected, it was
reported that the National Security and Foreign
Policy Commission of the Parliament (Majlis)
announced further amendments to the passport
bill which would continue to allow single women
over the age of 18 to obtain a passport without
the aforementioned permission, but would now
require them to obtain permission from their
father or guardian from the paternal line in
order to leave the country.[52]
48. In defence of the amendments, the Chair of
the Parliament's (Majlis) National Security
Commission reportedly stated that the Government
frequently receives requests by single women to
travel outside of the country, particularly for
pilgrimage, and that this prompted the
Government to institute policies that would
ensure their health and safety .[53]
4. Civil and political rights
49. It has been reported that women’s rights
activists continue to be harassed for making
statements that criticise policies or Government
actions; organisational meetings continue to be
disbanded; the denial of permits required to
peacefully assemble persist; and women believed
to be associated with entities such as the
Mourning Mothers and the One Million Signatures
Campaign continue to face harassment, arrest,
and detention. Women’s rights advocates are
frequently charged with national security crimes
and “propaganda against the system”.
50. Activists are also reportedly subject to
travel bans and other forms of suppression for
protected activities, and Women’s rights
activist and member of the “One Million
Signatures Campaign for Equality” Ms Maryam
Behraman was recently sentenced to an
eight-month suspended jail term on the charge of
“propagation against the state.” She was
acquitted on charges of “insulting the leader”
and “founder of the Islamic Republic of
Iran”.[54] Ms. Behraman was arrested on 11 May
2011 in Shiraz on charges of “acting against
national security”, a charge apparently linked
to her participation in the 55th session of the
United Nations Commission on the Status of Women
(UNCSW) in March 2011, and detained for 128 days
in Shriz's intelligence detention center. On 15
September 2011, she was released on $ 300,000
bail. Ms. Behraman’s lawyer reportedly stated
that she had the opportunity to read eight
volumes of her case file and was allowed to take
notes, and submit her defense during the three
relatively lengthy [court] sessions.[55]
51. Furthermore, a number of Iranian laws
continue to discriminate against women. Article
1108 of the Iranian civil code, for example,
compels a woman’s obedience to her husband.
Furthermore, women cannot transfer nationality
and citizenship to their husbands or children,
which has rendered stateless thousands of
children of Iranian women who have married
Afghan or Iraqi refugees, as well as expatriate
Iranian women married to non-Iranians.
52. A dearth of female representation in
decision-making roles remains problematic for
women’s participation in public life, as
guaranteed by Article 25 of the ICCPR. Women are
allowed to serve as legal counsellors, for
example, but are prohibited from issuing and
signing final verdicts.[56] Also, no woman has
ever been appointed to the Council of Guardians
and the Expediency Council. Furthermore, only
nine of the 490 women that reportedly presented
their candidatures for the March 2012
parliamentary elections were elected, giving
women only 3.1% of the 290 seats in the Majlis;
albeit up from eight female representatives in
the last parliament.[57] Prior to the election,
Iranian women’s groups called on the Speaker of
the Parliament to improve female representation
in the Majlis, citing the “increasing number of
professional women; the importance of
incorporating the female outlook on issues in
decision-making bodies; addressing women's and
family issues; and eliminating legal vacuums” as
reasons for their request.[58]
G. Ethnic Minorities
1. Ahwazi Arabs
53. The Special Rapporteur continues to be
disturbed by reports from members of the Arab
community regarding arrests, detentions, and
prosecutions for protected activities that
promote social, economic, cultural, linguistic
and environmental rights. A majority of
interviewees reported that they were arrested in
the absence of a warrant, and that they were
ill-treated during their arrests. Interviewees
maintained that they were detained without
charges for periods ranging from several days to
several weeks Several individuals reported being
psychologically and physically tortured during
their interrogations, including by floggings,
beatings, and being made to witness executions,
threats against family members, and the actual
detention of family members for the purpose of
implicating others, or to compel others to
report to the authorities.
54. One interviewee reported that his/her
cousin, nephew and brother were arrested in June
2012 for the purpose of coercing their children,
who are currently living abroad, to return to
the country. He/she maintained that Ministry of
Intelligence officers reportedly arrested,
detained, and interrogated his/her family
members about possible foreign contacts on a
daily basis for over two weeks in the absence of
charges. They were reportedly subjected to
psychological and physical torture, including by
flogging and beatings to the point of
unconsciousness. The individuals reportedly
remain in prison.
55. An informed source reported that poet Mr
Sattar Sayyahi, died under suspicious
circumstances in November 2012 following his
release and subsequent threats by the Ministry
of Intelligence. Mr. Sayyahi’s uncle and
neighbour were also reportedly arrested,
interrogated and tortured, by the authorities
after they took Mr. Sayyahi to the hospital. The
interviewee maintained that Mr. Sayyahi’s uncle
and neighbour were questioned about their
conversations with him prior to his death. It
was further reported that authorities attacked
and arrested an estimated 130-140 funeral
attendants, including Mr. Sayyahi’s 17-year old
cousin, Ali Sayyahi’s, whose hand was reportedly
broken as a result of torture while in
detention.
2. Baloch
56. Sistan-Balochistan is arguably the most
underdeveloped region in Iran, with the highest
poverty, infant and child mortality rates, and
lowest life expectancy and literacy rates in the
country. The Balochi are reportedly subjected to
systematic social, racial, religious, and
economic discrimination, and are also severely
underrepresented in state apparatuses.[59] It
has also been reported that the linguistic
rights of the Baloch are undermined by a
systematic rejection of Balochi-language
publications and limitations on the public and
private use of their native languages, in
contravention of article 15 of the Iranian
Constitution, and article 27 of the ICCPR.
Moreover, the application of the Gozinesh
criterion, which requires state officials and
employees to demonstrate allegiance to Islam and
to the concept of velayat-e faqih (Guardianship
of the Islamic Jurist), further exacerbates
their socioeconomic situation, by limiting
employment opportunities.[60]
57. Accounts of the destruction of Sunni mosques
and religious schools, and allegations of the
imprisonment, and assassination of Sunni
clerics, have also been reported. Baloch
activists have reportedly been subject to
arbitrary arrests and torture. The
Sistan-Balochistan province experiences a high
rate of executions for drug-related offenses or
crimes deemed to constitute “enmity against god”
in the absence of fair trials.[61] Allegations
were also received that the Government has used
the death penalty as a means to suppress
opposition in the province.[62] In a plea to the
international community, the Balochistan
People’s Party reported that two Baloch
prisoners in Zahidan Prison were sentenced to
death following a demonstration in Rask City and
other towns in the Sarbaz area in May 2012.
Political prisoners in the detention center who
reportedly protested against the death sentences
were punished with exile.[63]
58. It was also reported that netizen Abdol
Basit Rigi and political activists Abdoljalil
Rigi and Yahyaa Charizahi were charged with
“enmity against God”, and sentenced to death
following forced confessions. One of the
political prisoners, Abdol Basit Rigi, was
arrested three years ago, reportedly kept in
solitary confinement for eleven months, and
allegedly tortured. It is further reported that
two of the activists were transferred to
solitary confinement in the Intelligence
Ministry two days before their execution, where
they were subjected to violent torture and
forced to record a televised confession.[64]
H. Religious minorities
59. The Special Rapporteur remains deeply
concerned about the human rights situation
facing religious minorities in Iran. Reports
from and interviews with members of the Bahai,
Christian, and Sunni Muslim communities continue
to portray a situation in which adherents of
recognised and unrecognised religions face
discrimination in law and/or in practice. This
includes various levels of intimidation, arrest
and detention. A number of interviewees
maintained that they were repeatedly
interrogated about their religious beliefs, and
a majority of interviewees reported being
charged with national security crimes and/or
propaganda against the State for religious
activities. Several interviewees reported that
they were psychologically and physically
tortured.
1. Baha’is
60. In its comments on the Special Rapporteur’s
report to the 67th session of the General
Assembly, the Government asserted that despite
the fact that the Baha’i faith is not a
recognised religion in the country, its
followers have equal rights under the law, and
that they may not be prosecuted or imprisoned
for adhering to their beliefs. However, it was
also maintained that propagation of the Baha’i
faith is in “breach of the existing laws and
regulations” and that activities that constitute
its proselytisation disrupt public order and may
be limited in accordance with Article 18 and 19
of the ICCPR. However, the Human Rights
Committee emphasises that the teaching of
religious beliefs are protected and that “the
practice and teaching of religion or belief
includes acts integral to the conduct by
religious groups of their basic affairs, such as
the freedom to...establish seminaries or
religious schools and the freedom to prepare and
distribute religious texts or publications.”
61. It has been reported that 110 Baha’is are
currently detained in Iran for exercising their
faith, including two women, Mrs. Zohreh Nikayin
(Tebyanian) and Mrs. Taraneh Torabi (Ehsani),
who are reportedly nursing infants in prison. It
was further estimated that 133 Baha’is are
currently awaiting summonse to serve their
sentences, and that another 268 Baha’is are
reportedly awaiting trial. Authorities
reportedly arrested at least 59 members from
August to November 2012, some of whom have been
released. Several sources reported that since
October 2012, authorities have raided the homes
of at least 24 Baha’is and arrested 25
individuals in the city of Gorgon and its
surrounding provincial areas, 10 of whom
remained in custody at the time of drafting this
report. It has also been reported that Baha’is
in the northern city of Semnan have been the
focus of escalating and broad persecution over
the last three years. Baha’is in this city have
allegedly faced physical violence, arrests,
arson, and vandalism to their homes and grave
sites. The majority of Baha’i-owned businesses
in Semnan and the northern city of Hamadan have
reportedly been closed. [65]
62. Members of the Baha’i community are reported
to continue to be systematically deprived of a
range of social and economic rights, including
access to higher education. Informed sources
have reported that authorities from three
different universities expelled five Baha’i
students in November 2012. Four of these
students were reportedly offered continued
admission if they denied and/or pledged to
abandon their religious practices. The students
were reportedly expelled for refusing the offer.
2. Christians
63. The Government stressed that “[r]ecognition
of Christianity, by the Constitution … does not
constitute judicial immunity” for its
followers.[66] The Special Rapporteur asserts
that Christians should not face sanctions for
manifesting and practising their faith, and
therefore remains concerned that Christians are
reportedly being arrested and prosecuted on
vaguely-worded national security crimes for
exercising their beliefs.
64. Sources have reported that at least 13
Protestant Christians are currently in detention
centres across Iran, and that more than 300
Christians have been arrested since June 2010.
Those currently in prison include Pastor Behnam
Irani and church leader Farshid Fathi, who are
both serving six-year sentences on charges such
as “acting against national security”, “being in
contact with enemy foreign countries,” and
“religious propaganda.” Sources maintain that
the evidence used against Mr. Fathi was related
to his church activities, including distributing
Persian-language Bibles and coordinating trips
for church members to attend religious seminars
and conferences outside the country. Several
Protestant churches with majority Assyrian or
Armenian-speaking congregations have also been
forced to cease Persian-language services, and
it was recently reported that the Janat Abad
Assemblies of God Church in Tehran, which held
all-Persian services, was shut down on 19 May
2012.[67]
65. The Special Rapporteur is also concerned
that the right of Iranians to choose their faith
is increasingly at risk. Christian interviewees
consistently report being targeted by
authorities for promoting their faith,
participating in informal house-churches with
majority convert congregations, allowing
converts to join their church services and
congregations, and/or converting from Islam. A
majority of interviewees that identified
themselves as converts reported that they were
threatened with criminal charges for apostasy
while in custody, and a number of others
reported that they were asked to sign documents
pledging to cease their church activities in
order to gain release.
3. Dervishes
66. Interviews and information submitted to the
Special Rapporteur continue to allege that
Gonabadi Dervishes, who are Shia Muslims, are
subjected to attacks on their places of worship,
and are arbitrarily arrested, tortured, and
prosecuted. Sources note that 12 Gonabadi
Dervishes remained in official custody as of
November 2012, including four lawyers, Farshid
Yadollah, Amir Eslami, Omid Behroozi, and
Mostafa Daneshjoo. It was further reported that
on 12 December 2012 six dervishes from the city
of Kovar were tried in a revolutionary court in
Shiraz, some for the capital offence of
Moharebeh.
4. Other faith groups and spiritual practices
67. Representatives of the Yarsan, a religious
minority active amongst Kurdish Iranians,
reported that their religious gatherings are
routinely repressed. Additionally, the leader of
the Yarsan, Mr. Seyyed Nasradin Heydari, is
allegedly under house arrest. Yarsan who pass
university entrance exams and profess that they
practice the Yarsan faith are purportedly
refused admission. Moreover, the Special
Rapporteur is also concerned about reports
regarding the arrest of leaders of spiritual,
semi-spiritual, and meditation groups in Iran.
For example, sources report that Peyman Fattahi,
leader of the spiritual community of the
El-Yasin, was detained for almost three weeks in
October and November 2012.
I. Lesbian, gay, bisexual and transgender
community
68. The Special Rapporteur continues to share
the concern of the Human Rights Committee that
members of the lesbian, gay, bisexual, and
transgender community (LGBT) face harassment,
persecution, cruel punishment, and are denied
basic human rights. The new draft Islamic Penal
Code criminalises same-sex relations between
consenting adults. Articles 232-233 of the new
Penal Code would mandate a death sentence for
the “passive” male involved in sodomy,
regardless of whether his role was consensual.
Under the new law, “active” Muslim and unmarried
males may be subject to 100 lashes so long as
they are not engaged in rape. Married and/or
non-Muslim males may be subject to capital
punishment for the same act. Men involved in
non-penetrative same-sex acts or women engaged
in same-sex acts would also face 100 lashes
according to the new Penal Code.
69. The Special Rapporteur is concerned that
criminalising same-sex relations could lead to
violation of core human rights guarantees,
including the right to life, the right to
liberty, the right to be free from
discrimination as well as the right to be
protected against unreasonable interference with
privacy, provided under international human
rights instruments, particularly the
International Covenant on Civil and Political
Rights. The Special Rapporteur joins the United
Nations Secretary-General and High Commissioner
for Human Rights in her call for ending violence
and discrimination against all people,
irrespective of their sexual orientation and
gender identity.[68]
70. Interviews with 24 members of the Iranian
LGBT community for this report reinforce many of
the concluding observations forwarded by the
Human Rights Committee’s periodic review of
Iran. Fifteen interviewees believed that they
were arrested at least once for their sexual
orientation or for associating with other LGBT
persons. Thirteen reported that once in
detention, security officers subjected them to
some form of torture or physical abuse;
including punches, kicks and baton strikes to
the head or body and, in a few cases, sexual
assault and rape. Several people reported that
they were coerced into signing confessions.
Iran’s criminalisation of same-sex relations
facilitates physical abuse in the domestic
setting as well. A majority of these individuals
reported that they were beaten by family members
at home, but could not report these assaults to
the authorities out of fear that they would
themselves be charged with a criminal act.
J. Socioeconomic rights
1. Right to education
71. In addition to limitations placed on access
to education for women and some religious
minorities, reports continue to maintain that
students engaged in political activities are
being deprived of their education. In a letter
to the Special Rapporteur, the Human Rights
Commission of Daftar Tahkim Vahdat an Iranian
Student Organization stressed the increase in
punitive action in reaction to peaceful efforts
by students to improve academic life and defend
student and human rights, vis-à-vis student
organisations, publications, and activism.
72. Citing statistics based on information
gathered from news sources, the Commission
maintains that since March 2005, there have been
at least 935 cases of students deprived from
continuing education for either one or more
semesters, and at least 41 cases of professors
expelled from university. Of the 976
aforementioned reported cases, more than 140
cases apply solely to Allameh Tabataba’i
University (14 professors and 57 students),
headed by Mr. Sadreddin Shariati, and Amirkabir
Polytechnic University of Tehran (72 students),
headed by Mr. Alireza Rahaei. Moreover, three
student publications or associations have been
forcibly closed.
73. Individuals interviewed for this report
maintained that they were denied access to
universities despite achieving top scores on
university entrance exams for higher degrees as
a result of their political activities. One top
ranking political science student, for example,
reported that he/she was denied entrance to a
Masters degree program until he/she signed a
pledge that he/she would abstain from student
activism for the duration of his/her studies.
However, he/she was later denied access to PhD
studies and alleged that he/she had been
informed that the Ministry of Intelligence had
placed him/her on a list of students that were
banned from continuing their education.
74. The Special Rapporteur is also concerned
over allegations that university professors in
the field of humanities continue to be expelled
for their views. Minister of Science and
Technology, Mr. Kamran Daneshjoo, reportedly
asserted that professors uncommitted to
Velayat–e Faqih (Guardianship of the Islamic
Jurist), or who have a “secular or
liberal-democracy point of view” are not needed
in Iran.[69] One professor reported that he/she
was subjected to immense pressure from the head
of his/her university to prove his/her devotion
to Islamic values and the Iranian State by
demanding that he/she join daily prayers at the
university. Refusal to cooperate was reportedly
followed by death threats from the Ministry of
Intelligence, which informed him/her that if
he/she refused to cooperate with the Islamic
guidelines of the university he/she would be
“expelled, killed, and buried in an undisclosed
grave”. The professor further reported that
twelve colleagues had been expelled or forced
into early retirement for alleged
non-cooperation with Islamic guidelines of the
university in the last five years alone.
2. Economic sanctions
75. The Special Rapporteur joins the
Secretary-General in continuing to express
concern at the potentially negative humanitarian
effect of general economic sanctions imposed on
the Islamic Republic.[70] The Committee on
Economic, Social and Cultural Rights makes clear
that sanctions do not nullify a State Party’s
obligations under the International Covenant on
Economic, Social and Cultural Rights.[71] The
Committee also noted that “the inhabitants of a
given country do not forfeit their basic
economic, social and cultural rights by virtue
of any determination that their leaders have
violated norms relating to international peace
and security”. They further stated that the
imposition of international sanctions does not
in any way nullify or diminish the obligations
of a State party to ICESCR to do its utmost to
ensure that every individual, without
discrimination, enjoys rights stipulated by the
Covenant; and to seek measures to protect
vulnerable groups.
76. Furthermore, the Committee makes clear that
imposing sanctions bestows obligations upon the
imposing parties to respect the economic and
social rights of the sanctioned country’s
population.[72] Principles introduced in a 1995
non-paper on the humanitarian impact of
sanctions to the Security Council, by its five
permanent members calls for “unimpeded access to
humanitarian aid” within the targeted country
and for monitoring the humanitarian effects of
sanctions, while a 1998 letter to the Council
from the Secretary-General urges sanctions
regimes to account for human rights and
humanitarian standards.[73]
77. The Special Rapporteur takes note of efforts
by parties imposing sanctions, including through
“humanitarian exemptions” to exempt foodstuffs,
medical supplies, and other humanitarian goods
from the sanctions. However, reports of drug
shortages used in the treatment of illnesses
such as cancer, heart disease, haemophilia, and
multiple sclerosis gives rise to concerns that
such exemptions are potentially not meeting
their intended purpose.[74] In light of these
reports, the Special Rapporteur remains
concerned about the efficacy of international
safeguards meant to reduce the adverse impact of
general sanctions on the Iranian population. He
will therefore continue to seek the cooperation
of the Iranian Government, as well as those of
sanctions-imposing countries to effectively
report on the efficaciousness of humanitarian
safeguards.
78. Some reports point to sanctions aimed at
Iran’s financial sector, which could pose an
impediment to conducting transactions for
exempted items despite humanitarian waivers.[75]
The Special Rapporteur is further concerned by a
serious rise in inflation, increased commodity
prices, and subsidy cuts, which could also
hinder access to essential goods.[76] Some
reports also indicate that domestic authorities
could take steps to mitigate some humanitarian
effects of sanctions and better meet obligations
under the International Covenant on Economic
Social and Cultural Rights.
79. The Special Rapporteur stresses that further
investigation into these issues is necessary,
and requests the assistance and cooperation of
the Government in facilitating an unfettered
visit to the country in order to adequately
assess the humanitarian consequences of
sanctions and their impact on economic and
social rights of Iranians. He also appeals to
relevant UN agencies and sanctions-imposing
Governments to aid in the evaluation of the
impact of sanctions on Iran’s general
population.
III. Conclusions and Recommendations
80. In reflecting on the last two years of his
mandate and his current report, the Special
Rapporteur concludes that there has been an
apparent increase in the degree of seriousness
of human rights violations in the Islamic
Republic of Iran. Frequent and disconcerting
reports concerning punitive State action against
various members of civil society, reports about
actions that undermine the full enjoyment of
human rights by women, religious and ethnic
minorities; and alarming reports of retributive
State action against individuals suspected of
communicating with UN Special Procedures raises
serious concern about the Government’s resolve
to promote respect for human rights in the
country.
81. The Special Rapporteur also continues to be
alarmed by the rate of executions in the
country, especially for crimes that do not meet
serious crimes standards, and especially in the
face of allegations of widespread and ongoing
torture for the purposes of soliciting
confessions from the accused. The Government’s
ability to meaningfully address matters raised
by a number of human rights instruments and the
Human Rights Council is constrained by a lack of
meaningful cooperation, by its intransigent
position on the existence of human rights
violations in the country, and by de jure and de
facto practices that undermine its international
and national human rights obligations.
82. The Special Rapporteur, therefore, proposes
that the Iranian Government undertake the
following actions in order to address the
preponderance of issues raised in this and
previous reports communicated by the expert:
(a) Extend its full cooperation to the country
mandate-holder by engaging in a substantive and
constructive dialogue and facilitating a visit
the country.
(b) Immediately investigate allegations of
reprisals against individuals that cooperate
with international human rights instruments and
organizations and to take measures to “ensure
adequate protection from intimidation or
reprisals for individuals and members of groups
who seek to cooperate or have cooperated with
the United Nations, its representatives and
mechanisms in the field of human rights”.4
(c) Desist from actions designed to injure or
intimidate those who work to identify human
rights violations, promote redress, and those
that may cooperate with international human
rights mechanisms.
(d) Consider the immediate and unconditional
release of civil society actors and human rights
defenders prosecuted for protected activities;
including journalists, netizens, lawyers and
student, cultural, environmental, and political
activists that work to promote civil, political,
economic, social and cultural rights currently
detained for activities protected by national
and international law.
(e) Expedite its voluntary commitment to
establish a National Human Rights Commission, in
accordance with Paris Principles.
(f) Examine and address those laws that
contravene its international obligation to
eliminate all forms of discrimination in law and
practice. These include those laws and policies
that undermine gender equality and women’s
rights, and that discriminate against religious
and ethnic minorities, and members of the
lesbian, gay, bisexual, and transgender
community in the country.
(g) Consider the immediate release of prisoners
of conscience such as Pastors Behnam Irani,
Farshid Fathi, as well as the leaders of the
Baha’i community, and fully honor its
commitments under Article 18 of ICCPR that
guarantee the right to freedom of thought,
conscience and religion, which was accepted by
Iran without reservation.
(h) Investigate all allegations of torture,
address impunity and end the culture of
investigation through confession as reflected by
the breadth of reports communicated to the
Special Rapporteur.
(i) Consider a moratorium on capital punishment
until the efficacy of judicial safeguards can be
meaningfully demonstrated, and stay the
execution of individuals who have alleged
violations of their due process rights.
(j) Improve transparency on the impact of
sanctions and report on measures it has taken to
protect its inhabitants from the potential and
actual negative impacts of such sanctions.
(k) The Special Rapporteur also calls on the
United Nations system and on sanctions-imposing
countries to monitor the impact of sanctions and
to take all appropriate steps to ensure that
measures, such as humanitarian exemptions, are
effectively serving their intended purpose to
prevent the potentially harmful impacts of
general economic sanctions on human rights.
[Read Full Annex]
[1] A/HRC/12/L.8; Cooperation with the United
Nations, its representatives and mechanisms in
the field of human rights, 25 September 2009
[2] http://www.daneshjoonews.com/node/8058;
http://af-express.com/1391/08/24/
http://hrdai.net/index.php?option=com_content&view=article&id=1064:-------3-----------&catid=5:2010-07-21-10-19-53
[3]
https://www.iranhumanrights.org/2012/12/kurdish_prisoners/;
http://persianbanoo.wordpress.com/2012/12/15/3-kurdish-political-prisoners-to-be-tried-on-charges-of-contact-with-un-special-rapporteur-ahmed-shaeed/;
http://hra-news.org/1389-01-27-05-27-21/14413-1.html;
[4] A/HRC/12/L.8; Cooperation with the United
Nations, its representatives and mechanisms in
the field of human rights, 25 September 2009
[5] Attached as addendum: “A Brief reply the
Report of the UN Special Rapporteur to the 22nd
session of the Human Rights Council”
[6] GC25, para 1.
[7] Art 2(1) & 25, ICCPR; GC25, paras 4, 6 & 17.
[8] GC25, para 7.
[9] CCPR/IRN/3, para 885. Constitution, Art 115;
GC25, para 15.
[10] GC25, para 17.
[11] A/HRC/WGAD/2012/30.
[12]
http://www.bbc.co.uk/persian/iran/2013/01/130117_ka_ejei_mosavi_karobi.shtml.
[13] GC25, para 20.
[14] GC25, para. 7.
[15] GC25, para 12.
[16]
http://www.farsnews.com/newstext.php?nn=13911019000569;
http://www.1000news.ir/1391/10/24/2074/;
http://www.farsnews.com/newstext.php?nn=13911023000070.
[17] http://cpj.org/imprisoned/2012.php
[18] http://cpj.org/imprisoned/2012.php
[19] See Annex: Journalist’s Cases Section
[20] See Annex: Human Rights Defender’s Cases
Section;
[21] Interview with the Office of the Special
Rapporteur, August 2012
[22]
http://www.iranhumanrights.org/2012/07/narges-mohammadi-hospitalized-in-prison/
;
http://amnesty.org/en/individuals-at-risk/narges-mohammadi
[23]
http://www.ibanet.org/Article/Detail.aspx?ArticleUid=8281ffa3-1ce7-4976-a93d-e488cc0fa333
[24]
http://www.nytimes.com/2012/10/03/world/middleeast/iran-engaged-in-severe-clampdown-on-critics-un-says.html?_r=0;
http://www.amnesty.org/en/news/iran-must-release-human-rights-defender-mohammad-ali-dadkhah-2012-10-01;
http://www.iranhumanrights.org/2012/12/dadkhah_lawyer/;
[25]
http://www.kaleme.com/1391/11/03/klm-130247/;
http://www.amnesty.org/en/news/iran-stop-cruel-charade-and-release-human-rights-lawyer-good-2013-01-23;
http://www.iranhumanrights.org/2013/01/sotoudeh_prison/
[26]
http://www.parliran.ir/index.aspx?siteid=1&pageid=2964&newsview=16898
[27]
http://hra-news.org/1389-01-27-05-27-51/14403-1.html;
http://www.persianicons.org/human-right/sattar-beheshtis-40th-day-passing-memorial-services-raided-his-mother-beaten-and-injured/#ixzz2GZIdrpfW
[28]
http://www.iranhrdc.org/english/news/inside-iran/1000000206-ahwazi-arab-political-activist-jamil-sowaidi-reportedly-tortured-to-death-in-custody.html#.UN0sr6UTszU
[29] http://www.freedomfromtorture.org
[30] See Annex: Freedom From Torture Report
[31]
http://www.iranhrdc.org/english/publications/1000000030-ihrdc-chart-of-executions-by-the-islamic-republic-of-iran-2012.html#.URsdFqUTvu0
[32]
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10698&LangID=E
[33]
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12688&LangID=E
[34]
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12656&LangID=E
[35] UNICEF Report: MENA Gender Equality
Profile, Status of Girls and Women in the Middle
East and North America, Iran; October 2011, page
3
[36] ICESCR: Second periodic reports of States
parties, Islamic Republic of Iran, 2009, para
257.9
[37] Ibid; para 36.8-36.10
[38] http://isna.ir/fa/news/91100301947/
[39] World Economic Forum; The Global Gender Gap
Report, 2012
[40] http://www.weforum.org/reports
[41] ICESCR: Second periodic reports of States
parties, Islamic Republic of Iran, 2009; para 25
[42] ICCPR: Third periodic reports of States
parties Islamic Republic of Iran, 2009; para 27
[43] General Discussion of the Commission on the
Status of Women, 56th Session; Intervention by
H.E. Mr. Eshagh Al-Habib, Ambassador and Deputy
Representative of the Islamic Republic of Iran
to the United Nations, on behalf of H.E. Maryam
Mojtahedzadeh, Advisor to the President and Head
for the Center for Women and Family Affairs;
February 2012
[44] Law of Women’s Rights and Responsibilities
of the Islamic Republic of Iran, 2004, pg. 11
[45] A/67/287; Report of the Special Rapporteur
in the field of cultural rights, 10 August 2012
[46] UNICEF Report: MENA Gender Equality
Profile, Status of Girls and Women in the Middle
East and North America, Iran; October 2011, page
4
[47]
http://www.farsnews.com/newstext.php?nn=13910822000692;
http://www.etemaad.ir/PDF/91-09-09/index1.htm
[48]
http://www.mehrnews.com/fa/newsdetail.aspx?NewsID=1666033
[49]
http://www.hrw.org/news/2012/09/22/iran-ensure-equal-access-higher-education;
http://www.mehrnews.com/fa/newsdetail.aspx?NewsID=1666033;
[50] http://www.daneshjoonews.com/node/7643
[51] http://isna.ir/fa/news/91082717440/
[52] http://isna.ir/fa/news/91102514730/
[53] http://isna.ir/fa/news/91082717440/
[54]
http://fairfamilylaw.org/spip.php?article8811
[55]
http://fairfamilylaw.org/spip.php?article8811;
http://hra-news.org/263/best/14339-1.html
[56] Article 5 of the Law on the Qualifications
for the Appointment of Judges as amended in
1985,http://rc.majlis.ir/fa/law/show/91044;
Article 3 of the Law Designating the Current
Courts to Courts that are the Subject of Article
21 of the Constitution (Family Courts)
(1997),http://rc.majlis.ir/fa/law/show/92925;
Article 5 of the Law Reforming the Laws
Pertaining to Divorce Provisions
(1992),http://rc.majlis.ir/fa/law/show/99628
[57]
[58]
http://www.payvand.com/news/12/jan/1167.html
[59] Amnesty International’s submission to the
UN Committee on Economic, Social and Cultural
Rights,
http://www2.ohchr.org/english/bodies/cescr/docs/ngos/AI_CESCRWG49_Iran.pdf
[60] UNPO submission to the Committee on
Economic, Social and Cultural Rights,
http://www2.ohchr.org/english/bodies/cescr/docs/ngos/UNPO_IranWG49.pdf,
also see Religious Discrimination And Injustice
To Ahlesunnat, Geneva July 22, 2012,
http://www.ostomaan.org/articles/human-rights/13351
See also: Continuous increasing suppression
against Sunni Baloch in Iran, September 2008:
http://eng.balochpeople.org/oldarchive/eng/2008/pressRel/IncreasingSuppressionOfSunniBaloch1.htm
[61] Amnesty International Report, March
2010:http://www.amnesty.org/en/news-and-updates/iran-executions-send-chilling-message-2010-03-30
[62] Appeal to: The International Community to
put pressure on Iranian government to stops Mass
arrests and executions of Baloch people in Iran,
www.BalochPeople.org, October 2012.
http://www.unpo.org/article/15045
[63]
http://www.ostomaan.org/articles/human-rights/14422
[64]
http://eng.balochpeople.org/articles/human-rights/411
[65]
http://www.bic.org/bahais-semnan-case-study-religious-hatred
[66] Comments and Observations of the Islamic
Republic of Iran on the Draft Report of the
Special Rapporteur on the Situation of Human
Rights in the Islamic Republic of Iran to the
67th session of the UN General Assembly
[67]
http://www.iranhumanrights.org/2012/06/protestant-church/;
http://www.mohabatnews.com/index.php?option=com_content&view=article&id=4756:iranian-church-closed-down-amid-government-concerns-over-church-growth-interview&catid=36:iranian-christians&Itemid=279
[68]
http://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf
[69]
http://old.isna.ir/ISNA/NewsView.aspx?ID=News-1495708
[70] Situation of human rights in the Islamic
Republic of Iran, Report of the
Secretary-General, Un General Assembly, 22
August 2012 (A/67/327)
http://www.un.org/Docs/journal/asp/ws.asp?m=A/67/327.
[71] Committee of Economic, Social and Cultural
Rights, General Comment No. 8 ‘:
http://www2.ohchr.org/english/bodies/cescr/comments.htm.
[72] Maastricht,
http://www.maastrichtuniversity.nl/web/file?uuid=0fc38bc3-63f8-4c99-8b4f-
d0d27fb607ef&owner=bdfe7683-80b5-4222-9540-09e8ce89e8cf.
(E/CN.4/Sub.2/2000/33)
http://ap.ohchr.org/documents/alldocs.aspx?doc_id=7180
[73] Letter Dated 13 April 1995 from the
Permanent Representatives of China, France, the
Russian Federation, the United Kingdom of Great
Britain and Northern Ireland and the United
States of America to the United Nations
Addressed to the President of the Security
Council, 13 April 1995, S/1995/300; (S/1998/147
of 1998)
http://www.casi.org.uk/info/undocs/s1998-147.html.
[74]
http://www.icanpeacework.org/killing-them-softly-the-stark-impact-of-sanctions-on-the-lives-of-ordinary-iranians;
http://www.guardian.co.uk/world/2012/nov/14/sanctions-stop-medicines-reaching-sick-iranians;
http://www.nytimes.com/2012/11/03/world/middleeast/iran-sanctions-take-toll-on-medical-imports.html?pagewanted=all&_r=1&;
http://www.reuters.com/article/2012/03/20/us-iran-usa-sanctions-idusbre82j05n20120320
[75]
http://www.swift.com/news/press_releases/SWIFT_disconnect_Iranian_banks
[76]
http://www.bbc.co.uk/persian/iran/2012/11/121111_l21_medicine_sanction_health.shtml;
http://articles.washingtonpost.com/2012-10-04/world/35498613_1_cliff-kupchan-iranian-behavior-price-hikes;
http://www.economist.com/node/21564229;
http://www.reuters.com/article/2012/10/09/us-iran-economy-imf-idUSBRE8980GX20121009.
http://www.aljazeera.com/news/asia/2012/12/20121227171414934991.html;
http://www.bbc.co.uk/persian/iran/2012/11/121114_l10_shahriari_health_crisis.shtml;
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