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United Nations

A/HRC/25/61



General Assembly

Distr.: General

18 March 2014


Original: English
Human Rights Council

Twenty-fifth session

Agenda item 4



Human rights situations that require the Council’s attention

Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran* **

Summary

In the present report, the third to be submitted to the Human Rights Council pursuant to Council resolution 16/9, the Special Rapporteur communicates developments in the situation of human rights in the Islamic Republic of Iran since his third interim report submitted to the General Assembly (A/68/503) in October 2013.

In the report, the Special Rapporteur outlines his activities since the Human Rights Council renewed the mandate of the Special Rapporteur at its twenty-second session. He examines ongoing issues and presents some of the most recent and pressing developments in the State’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 by the Special Rapporteur in his future reports to the General Assembly and the Human Rights Council.




Contents



Paragraphs Page

I. Introduction 1–9 3

II. Methodology and activities 10–13 4

III. Legislative developments 14–23 5

A. Draft charter of citizens’ rights 14–17 5

B. Criminal procedure law 18–22 6

C. Political crime bill 23 7

IV. Right to liberty and security of persons 24–51 7

A. Human rights defenders 33 9

B. Journalists and netizens 34 9

C. Religious minorities 35–43 10

D. Ethnic minorities 44–51 11

V. Treatment of persons deprived of liberty 52–57 13

VI. Right to a fair trial 58–79 14

A. Independence of judges 60–65 14

B. Independence of lawyers 66–71 16

C. Trial proceedings 72–79 17

VII. Right to life 80–87 18

VIII. Socioeconomic rights 88–92 20

A. Right to education 88–91 20

B. Economic sanctions 92 21

IX. Conclusions and recommendations 93–96 21

Annexes

I. Categories of imprisoned persons 23



II. Case summaries 74

I. Introduction

1. A number of positive overtures have been made by the new Government of the Islamic Republic of Iran, apparently aimed at advancing President Hassan Rouhani’s campaign pledges to strengthen human rights protections for civil, political, social, cultural and economic rights, and at remedying some cases of human rights violations. This includes the proposal of a new charter for citizens’ rights. Since September 2013, the Government of the Islamic Republic of Iran has released 80 individuals, some of whom appear to have been prosecuted for peacefully exercising their fundamental rights to expression, belief, association or assembly.1 Some detainees were furloughed for a few days; others appear to have been permanently released, while hundreds of others remain in some form of confinement, including several individuals whose detention was identified as arbitrary by the Working Group on Arbitrary Detention (see annex I).2

2. The Special Rapporteur, while welcoming the above-mentioned positive steps, stresses that they currently do not address fully the fundamental human rights concerns raised by the General Assembly, the Human Rights Council and its special procedures, the treaty bodies, human rights defenders and international organizations. This includes the need to address laws and practices that infringe upon the rights to life, to the freedoms of expression, association, assembly, belief and religion, to education and to non-discrimination.

3. The Special Rapporteur emphasizes that the basis of these concerns is primarily the non-compliance of national laws with the State’s international obligations and a lack of adherence to the rule of law, as well as a failure to investigate complaints and to bring human rights violators to justice. Furthermore, the Special Rapporteur believes that the recent engagement with the international community presents opportunities for future cooperation, particularly with regard to capacity-building to advance the State’s international human rights obligations.

4. Reports of the arbitrary detention of individuals for peacefully exercising their fundamental rights to expression, association, assembly, belief and religion remain prevalent. Interpreting article 9 of the International Covenant on Civil and Political Rights, the Human Rights Committee recognized, in a draft general comment on liberty and security of person, that “liberty of the person is a right of profound importance, both for its own sake and because deprivation of liberty has historically been a principal means by which other human rights are suppressed.

5. Information in the above-mentioned reports also reveal that aspects of Iranian laws, policies, attitudes and practices extensively identified by the United Nations human rights machinery regretfully continue without redress and persist in undermining the independence of the State’s judicial organs, and in nullifying safeguards for fair trials. This is all the more alarming when considering the frequent use of the death penalty, in particular for crimes not considered the “most serious offences” under international law.

6. The present report, far from being exhaustive, analyses the prospects for reform of the administration of justice, in particular with regard to progress made in implementing the recommendations made by the Working Group on Arbitrary Detention in 2003,3 during the universal periodic review in 20104 and by the Human Rights Committee in 2011.5

7. The Government of the Islamic Republic of Iran forwarded a detailed reply to all sections of the present report,6 in which it revealed its ongoing dissatisfaction with credible sources of information, contending that the report violated article 6 of the Code of Conduct for Special Procedures Mandate Holders, which directs them to pursue due diligence in gathering and corroborating information emanating from credible sources. The Government asserted that the present report selectively considered comments made by other United Nations human rights mechanisms, and questioned whether visiting a few European countries to collect information on the situation of human rights in the Islamic Republic of Iran was “the correct methodology for the compilation of a report”.

8. In this regard, the Special Rapporteur continues to maintain that he only presents corroborated information, gathered from credible sources, that he has sought clarification on a number of issues and cases through communications with the Government – a majority of which remain unanswered – and that he has accurately presented concerns raised by other human rights mechanisms. He also concurs that the alternatives pursued in the absence of an approved visit to the country are less than ideal.

9. In its comments, the Government also asserted that individuals that are guilty of serious crimes – including alleged acts of violence, the disruption of public order and the promotion of ideas with the intent of inciting “secessionist” activities – were inappropriately identified as human rights defenders in the report. It also maintained that journalists and lawyers are not immune from prosecution when they violate “the boundaries of a duty entrusted to him/her by law and engages in acts that run contrary to his/her standing”. Lastly, the Government continued to maintain that drug trafficking is a serious crime that warrants capital punishment.



II. Methodology and activities

10. The Special Rapporteur conducted interviews with a total of 72 Iranians in the Netherlands, Germany and France between 12 and 22 December 2013 (see annex II). Another 61 Iranians located in the Islamic Republic of Iran and Turkey submitted statements between September and December 2013. These individuals identified themselves as human rights defenders, lawyers and persons belonging to ethnic and religious minority groups. Others identified themselves as former “political prisoners” or relatives of former or current “political prisoners”, including some who had been executed.

11. During the interviews, individuals recounted events spanning several decades, and answered a series of specific questions pertaining to their arrest, detention and prosecution, where relevant. Between1 August 2013 and 3 January 2014, the Special Rapporteur received written reports from human rights organizations on the situation of Baha’i, Gonabadi Dervish, Sunnis, Christian, religious minority communities and the Ahwazi Arab, Kurdish, Baluch and Azerbaijani ethnic minority groups. The information communicated during all 133 interviews and in the written submissions was examined and is contained in the annexes to the present report.

12. The Special Rapporteur addressed 25 communications, including 8 allegation letters and 17 urgent actions, to the Government to enquire about specific cases and express concern about certain trends, including the arrest and prosecution of journalists, political and student activists, trade unionists, artists, human right defenders, lawyers and women rights activists; the situation of religious minorities; lack of access to medical care in prisons, the application of the death penalty, including the execution of persons in secret; and the promulgation of discriminatory legislation. The Government responded to four of these enquiries. On 19 July 2013, the Special Rapporteur also issued several detailed surveys in the form of questionnaires to various government offices for the purpose of gathering further information about the impact of economic sanctions on the country’s humanitarian situation, and transmitted two requests for a visit on 16 May and 2 July 2013, in order to strengthen cooperation with the Government and to investigate further the allegations submitted to him. The Government has yet to respond to these communications.

13. The Special Rapporteur met with the Permanent Representatives of the Islamic Republic of Iran to the United Nations in Geneva and New York to discuss views on the conclusions drawn by the Special Rapporteur in his previous reports, his methodology and the prospects for future engagement. The Special Rapporteur looks forward to future opportunities for engagement and cooperation, including through further meetings and by visiting the country.

III. Legislative developments

A. Draft charter of citizens’ rights

14. On 26 November 2013, the Government announced the publication of its draft charter of citizens’ rights, which was made available for public comment.7 According to the draft, the charter proposes no new rights, but recalls the most important rights currently guaranteed by Iranian law. It states that the charter serves as the Government’s intended “plan and policy”,8 and proposes a framework for cooperation between the various branches of Government to strengthen guarantees for civil, political, economic, social and cultural rights.

15. Human rights defenders and a number of human rights organizations contend that the current draft fails to address underlying concerns, emphasizing that it frames rights within the context of the current national legal framework, which has been a source of concern for the United Nations human rights machinery for decades.9 Articles 3.11 and 3.16, for example, acknowledge the right to promote and disseminate ideas and opinions, regardless of medium, and highlight the rights to freedom of association and assembly “within the framework of the law”, as long as they do not violate public rights or the principles of Islam.

16. The charter currently fails to address laws and policies that discriminate against religious minorities, including the Baha’i, and insufficiently addresses discrimination against women, including their ability to pass their citizenship on to their children. It also fails to address the use of cruel, inhumane or degrading punishment, including flogging, hanging, stoning and amputation; it does not ban the execution of juveniles; and it fails to address concerns about the use of capital punishment, in particular for offences that do not meet the standards for most serious crimes under international law.

17. Several organizations and human rights defenders also recall that a number of laws, including the Constitution and the 2004 Law on Respecting Legitimate Freedoms and Protecting Citizens’ Rights, already guarantee the rights described in the charter, but that certain aspects of other laws and practices undermine their protection.

B. Criminal procedure law

18. On 6 November 2013, the Guardian Council approved a new criminal procedure law, which has yet to come into force. The new law incorporates the 2004 Law on Respecting Legitimate Freedoms and Protecting Citizens’ Rights. From a rights perspective, the new law presents some notable improvements to the current law, which facilitated a variety of abuses. Nonetheless, the new law also maintains some key shortcomings.

19. The new law continues to provide for the detention of individuals throughout an initial investigation phase, during which security officials gather evidence against suspects. It requires the authorities to adhere to procedures designed to safeguard fair trial standards defined in the law of 2004.10 In order to prevent flight or to maintain “pubic order”, the law allows investigatory judges to extend pretrial detention, once charges have been laid within 24 hours, for serious offences, including for vaguely worded national security offences, for one month at a time and for up to two years or until trial.11 Detainees may appeal against the extension of detention within 10 days of its issuance.

20. The new law allows the access of defendants to a lawyer within the initial investigation phase, upon their request.12 Under the current criminal procedure, lawyers are prohibited access during the initial investigation. Furthermore, the investigatory judge must inform the accused of the right to a lawyer, and offer a court-appointed lawyer if the accused cannot afford one.13 When accused persons are charged with a national security or other serious offence, however, they can still be denied the right to counsel for one week. Security forces, with the agreement of an investigatory judge, may also deny a detainee’s communication with family and friends if there is “a need to do so”, which is not clearly defined.14

21. The law also expands the number of judges that preside over serious crimes in public criminal and revolutionary courts to five, with a quorum of three. In addition, the law expanded the jurisdiction of the Supreme Court to hear appeals, including claims that serious procedural violations have invalidated verdicts. The law states, however, that procedural violations do not themselves invalidate rulings unless rights breached are of sufficient importance.15

22. Defendants may, if acquitted, seek remedy for defamation, damages and mental anguish to themselves or family members if they have been unjustifiably detained or detained through a mistake or fault of the judge during the initial investigation period. Such claims are to be heard by a provisional commission, which consists of three judges appointed by the head of the judiciary.16



C. Political crime bill

23. In September 2103, the “political crime” bill was introduced to Parliament and is currently being reviewed by the Cultural Commission.17 The bill appears to impose further limits on freedom of expression, association and assembly. According to article 1 of the bill, a political crime is any act meant to criticize the State or to obtain or maintain power, without intending to damage the fundamental principles and framework of the Islamic Republic of Iran.18 According to article 2, political crimes are those that defame, insult and publish false information against government officials; it lists crimes defined by the Activities of Political and Professional Parties, Groups, Associations and Islamic Associations or Recognized Religious Minorities Law of 1981.19



IV. Right to liberty and security of persons

24. In February 2003, the Working Group on Arbitrary Detention, during a mission to the country, visited several prisons and detention centres, and met with representatives of the Government, parliament, the judiciary and non-governmental organizations, as well as with prisoners and their families.20 It made several observations, noting that situations of arbitrary detention were “essentially related to infringements of freedom of opinion and expression”, and “malfunctions in the administration of justice”, in particular concerning due process of law, abuse of solitary confinement, the role of revolutionary tribunals and clerical courts and the failure to take into account the principle of proportionality in passing sentence. It also noted that, while freedom of expression, assembly, association and belief (for recognized religions) are guaranteed by the Constitution, almost all prisoners they requested to visit had been prosecuted or tried for having peacefully exercised these constitutional rights, which made their detention arbitrary under category II of the Group’s working methods.21

25. The Constitution prohibits arbitrary arrest. It requires that detainees be informed of their charges in writing “without delay”, stipulating in its article 32 that “a provisional dossier should be forwarded to the competent judicial authorities within a maximum of 24 hours so that preliminary procedures to the trial may be completed as swiftly as possible”.

26. The 2004 Law on Respecting Legitimate Freedoms and Protecting Citizens’ Rights contains 15 articles that specifically govern the conduct of individuals representing all courts, prosecutor and judicial offices when carrying out their legal duties. Like the Constitution, the law, in its article 5, forbids “arbitrary detention of individuals”, requires that families of detainees be “apprised of any and all developments” and forbids the use of “unknown places” for detention. In articles 6 and 7, it also forbids interrogators from using blindfolds, shackling or humiliating persons during arrests, or sitting behind detainees during interrogation. It directs officials to use questions that are “clear, purposeful and related directly or indirectly to the accusations” and to use “proper methods of investigation and modern techniques” during interrogations. It also forbids the use of torture to obtain confessions, and insists that forced confessions have no legal merit.

27. As at 14 January 2014, at least 895 “prisoners of conscience” and “political prisoners” were reportedly imprisoned. This number includes 379 political activists, 292 religious practitioners, 92 human rights defenders (including 50 ethnic rights activists), 71 civic activists, 37 journalists and netizens, and 24 student activists (see annex II).

28. The Special Rapporteur is struck by the magnitude, frequency and recurring nature of certain incidents reported by interviewees. The details given by interviewees depict situations of arbitrary detention, particularly the apparent arrest and detention of individuals for the peaceful exercise of fundamental rights, including the right to expression, association or belief, as described by other special procedures.22 Their testimonies also uniformly convey a pattern of abuse that violates both international and national safeguards for humane and fair treatment of detained and accused persons.

29. A majority of the 61 individuals located in Turkey and the Islamic Republic of Iran reported having been detained between 2003 and 2008, 11 reported detentions in 2009, and 12 from 2009 onward. Half of all interviewees reported detentions lasting between six months and three years. Some 69 per cent reported that authorities either did not have warrants or refused to produce one when requested.23 In some cases, arrests were made at an intelligence office or revolutionary court after individuals responded to a verbal summons, not a written summons as required by the Code of Criminal Procedure.

30. About half of all interviewees reported that they had been arrested at a private residence. The authorities had conducted extensive searches and often confiscated personal items, such as family photo albums. Several reported verbal and physical abuse of themselves and of family members during the arrest. In two thirds of cases, interviewees stated that they had been arrested on behalf of the Minister of Intelligence. Others reported that they had been arrested by various branches of the security forces, including the police, the Islamic Revolutionary Guards Corps or Basij militia.

31. Approximately 85 per cent reported being held in Ministry of Intelligence detention centres or a local prison. It was reported that those taken to local prisons were often held in special intelligence or Islamic Revolutionary Guards wards, such as wards 209, 2A or 240 of Evin prison in Tehran. They were reportedly held in these locations for the course of what appears to be an “initial stage of investigation”. A majority of interviewees reported that they were detained mostly incommunicado during the “investigation stage” for periods ranging from two days to four months, during which they were repeatedly interrogated.

32. Seventy-five per cent of interviewees reported having been held without any charge laid within 24 hours as stipulated by the Constitution. In 59 per cent of cases, detainees were formally charged after more than a week (in some cases, months) or never at all.



A. Human rights defenders

33. Of the 92 human rights defenders currently reportedly detained (see table 1 below), at least 26 were charged with “membership in organizations that aim to disrupt national security” or “relations or collaboration with organizations that aim to disrupt national security” (both charges relate to article 499 of the Penal Code). At least 25 were charged with “propaganda against the system”, and at least 14 were charged with “assembly and collusion against national security”. Other charges less frequently laid against these individuals include espionage and moharebeh (commonly translated as “enmity against God”, but translated by the Government as a crime in which “a person brandishes or points a weapon at members of the public to kill, frighten and coerce them”).24 Since 2010, the coordinated mass arrest of human rights defenders has served to effectively dismantle the most important Iranian human right organizations, including the Committee of Human Rights Reporters, the Defenders of Human Rights Centre (founded by Nobel Laureate Shirin Ebadi) and Human Rights Activists in Iran.25

Table 1.

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