The interactive dialogue on Iran at the 22nd
session of the Human Rights Council. In part one
the Special Rapporteur presents his report
followed by the Iranian Government's official
response from Mohammad Javad Larijani head of
the Islamic Republic’s human rights council.
Part two includes questions and comments from UN
member states, NGO, and the Special Rapporteur
reply.
Today I wish to report that I have met with
Iranian officials last week in furtherance of
what I believe is an evolving engagement with
the Government. I believe discussions in this
meeting will possibly advance steps for future
engagement, which would allow for the Government
to address issues raised by me in the coming
months if my mandate is renewed. I consider this
new approach to be positive, and believe that
this development is the result of the
constructive work and efforts of the members of
the UN Human Rights Council.
Mr. President,
I continue to believe that the outcome of Iran’s
universal periodic review provides a sound
platform for both engagement and assessment of
the Government’s progress in promoting respect
for human rights in the country. A majority of
the 123 recommendations accepted by the
Government relate to concerns about civil and
political rights; social, economic and cultural
rights; and concerns about discrimination. My
methodology, therefore, endeavors to assess
progress made in these areas, and is aimed at
identifying obstacles to the Government’s
capacity to meet its international human rights
obligations.
In pursuit of this objective, I have interviewed
268 individuals since March 2012, 169 of which
were interviewed for my current report. I have
also followed a wide range of developments
reported in both the Iranian and international
press; reviewed dozens of statements and reports
issued by the Iranian Government, including its
third periodic report to the Committee on
Economic and Social Rights; and examined dozens
of reports produced by a number of
nongovernmental organizations, 17 of which are
cited in the footnotes throughout my current
report.
The Islamic Republic of Iran has made some
noteworthy advances in the area of women’s
rights. This includes advancements in health,
literacy and in enrollment rates on both the
primary and secondary levels. The Iranian
parliament has also recently extended maternity
leave from six to nine months, and the New
Islamic Penal Code -- which has not yet been
adopted by the Iranian government -- would
establish a fund to equalize “diya,” or blood
money payments from for both genders in case of
accidental injury or death. However, reports
about recent policies that prohibit women’s
access to a number of fields of study, further
restrict women’s freedom of movement, and
current polices that continue to impede women’s
ability to hold certain decision-making
positions in Government remain problematic.
In light of the aforementioned interviews and
submissions, it also appears that the prevailing
situation of human rights in Iran continues to
warrant serious concern, and will require a wide
range of solutions that are both respectful of
cultural perspectives and mindful of the
universality of fundamental human rights
promulgated by the treaties to which Iran is a
party. I further regret to inform the Council
that two reprisal cases were reported in the
media in November and December 2012. In one
case, reports have maintained that five Kurdish
prisoners located in Orumiyeh Prison have been
charged with “contacting the office of the
Special Rapporteur”, among other charges. These
prisoners were reportedly interrogated and
severely tortured for the purpose of soliciting
confessions about their alleged contact with me.
In its observations of my report, the Iranian
government has maintained that judicial
prosecution of these individuals is not
considered to be an act of reprisal. However, I
continue to maintain that the targeting of
individuals, whether through adjudication in a
court of law, or by an individual in his/her
private capacity for interaction with the UN
Special procedures constitutes an act of
reprisal and seriously undermines the work of
the UN human rights instruments.
Unfortunately, a preponderance of reports
communicated to me this past year indicate that
the situation for individuals in Iran who
advocate for the advancement of human rights, or
those that document, report, or protest against
human rights violations is grave and continues
to deteriorate. Interviews continue to impart
that a majority of human rights defenders,
including those that defend the rights of women,
religious and ethnic minorities, as well as
those that work to advance protections for the
environment, workers and children continue to be
subjected to harassment, arrest, interrogation,
and torture and are frequently charged with
vaguely-defined national security crimes, which
is seemingly meant to erode the frontline of
human rights defense in the country.
My current report also presents what appears to
be unimpeachable forensic evidence that torture
is occurring in Iran on a geographically
widespread and systemic (across a number of
government branches) basis, and that methods
applied to victims are done so systematically,
as similar methods re-appear in multiple
testimonies submitted by individuals in cities
across the country, and by individuals that have
recently relocated from Iran to various
countries around the globe. In its observations
to my current and past reports, the Iranian
government has asserted that both Iranian and
Islamic law prohibit torture, and therefore
allegations of torture in Iran are invalid.
However, I continue to insist 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. I also remain alarmed at the
high rate of executions that take place in Iran,
a majority of which continue to take place for
drug-related offenses, which do not meet
international standards for "most serious
crimes".
Mr. President,
I 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 last month in calling on
Iran to immediately halt the recent spate of
arrests of journalists and to release those
already detained, the majority of whom work for
independent news outlets. We underscored our
fear that the 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 organizations. Prior to the
aforementioned arrests, 45 journalists were
detained in Iran.
It is also estimated that some 40 lawyers have
been prosecuted since 2009, and that at least 10
are currently detained, including Ms. Nasrin
Sotoudeh, Mr. Abdolfatah Soltani, and Mr
Mohammad Ali Dadkhah for such crimes as
“membership in an association seeking the
overthrow of the Government” and “spreading
propaganda against the system through interviews
with foreign media”.
Furthermore, five Ahwazi Arab men were convicted
of among other charges “spreading propaganda
against the system” and sentenced to death in
connection with their founding of an Arab
minority linguistic and cultural organization
named “Al-Hiwar.” Reports from multiple sources
indicate that all five men were mistreated or
tortured while in detention, and that they were
not afforded fair trials. I urge the Iranian
government to officially halt the execution of
these cultural activists, two of whom are
teachers, and to take every effort to
investigate the aforementioned allegations.
It has also been reported that 110 Baha’is are
currently detained in Iran for exercising their
faith; that at least 13 Protestant Christians
are currently in detention centres across Iran;
and that Dervishes, members of the Yarasen
faith, and Sunni Muslims continue to be the
subject of punitive activities, raising serious
concern about the situation of religious
minorities in the country.
Last month, I also 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, 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. I further maintain that
freedom of expression, assembly and association
are essential conditions for the effective
exercise of the right to vote and must be fully
protected. 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 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”.
Lastly Mr President,
I wish to express my serious concern about the
potentially negative humanitarian effects of
general economic sanctions imposed on the
Islamic Republic, which are engendered by a
number of reports. However, I wish to mention
that a number of conflicting statements issued
by various officials in the country about the
effects of general sanctions have made it
difficult to discern the reality of the
situation in this regard, and I look forward to
constructive and meaningful communications with
the Iranian government in order to further
investigate this matter and to further engage in
dialogue that advances the Government’s efforts
to promote respect for human rights in the
country.
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