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Human Rights Questions: Human Rights Situations and Reports of Special Rapporteurs and Representatives -- Situation of Human Rights in the Islamic Republic of Iran

UN Doc. A/49/514/Add.2

          
          UNITED
          NATIONS
          General Assembly
          Distr.
          GENERAL
          A/49/514/Add.2
          4 November 1994
          ORIGINAL: ENGLISH
          Forty-ninth session
          Agenda item 100 (c)
          HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND
          REPORTS OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
          Situation of human rights in the Islamic Republic of Iran
          Note by the Secretary-General
          Addendum
          After having finalized his report to the General Assembly at its
          forty-ninth session, the Special Representative of the Commission on Human
          Rights on the situation of human rights in the Islamic Republic of Iran received
          a letter dated 24 October 1994 from the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, transmitting further
          replies of that Government to the allegations of human rights violations and
          comments of a general nature contained in his memorandum dated 29 July 1994 and
          reproduced in chapter III of the main part of his report. The replies of the
          Government of the Islamic Republic of Iran are reproduced in the annex to the
          present note.
          94-43423 (E) 161194 /. .
        
          
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          ANNEX
          Letter dated 24 October 1994 from the Permanent Representative
          of the Islamic Republic of Iran to the United Nations Office
          at Geneva addressed to the Special Representative of the
          Commission on Human Rights on the situation of human rights in
          the Islamic Republic of Iran
          With reference to the memorandum dated 29 July 1994, I have the pleasure to
          enclose herewith the replies forwarded by the authorities concerned in the
          Islamic Republic of Iran.
          It is noted that some of the allegations in the said memorandum have also
          been included in the earlier reports, to which comprehensive replies have been
          provided for your consideration.
          Furthermore, the issues related to the murder of Christian pastors and the
          bombing of religious shrines, for which you have received separate information
          in the letters dated 4 October 1994, have also been included in this reply. As
          the Special Representative has underlined the principle that observation of
          human rights is not only a responsibility of Governments, but groups and
          individuals as well, it is expected that the matter will receive appropriate
          reaction in his observations and conclusions.
          ( Signed ) Sirous NASSERI
          Ambassador
          Permanent Representative
          /. .
        
          
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          APPENDIX
          Response of the Government of the Islamic Republic of Iran to
          the allegations of human rights violations and comments of a
          general nature contained in chapter III of the main part of
          the interim report by the Special Representative
          A. Right to life
          A/49/514, paragraph 14
          In the past, the Islamic Republic of Iran has provided detailed and logical
          explanations to the Special Representative about alleged disregard of right to
          life in the Islamic Republic of Iran. Nevertheless, it is necessary to point
          out that States Members of the United Nations have not been barred from
          resorting to capital punishment. Furthermore, no international human rights
          instrument to which the Islamic Republic of Iran is a party, has forbidden
          capital punishment. Meanwhile, in the Islamic Republic of Iran the death
          penalty is limited to the ‘most serious” crimes as recognized in article 6 of
          the International Covenant on Civil and Political Rights. a/ Obviously, the
          Special Representative could not and may not be considered as the sole authority
          for interpretation of the extent and breadth of its application. There is a
          vagueness and lack of substantiated evidence and cases in the alleged “improper
          application of the guarantees of due process of law”. In this regard it should
          be emphasized that due process of law is guaranteed in the laws and regulations
          of the Islamic Republic of Iran. Appropriate and sufficient care is given by
          the supervisory bodies in the Judiciary to ensure that verdicts issued by courts
          of law are in compliance with the legal procedures and provisions of
          international human rights covenants. Apropos of the administration of certain
          punishments, including capital punishment in public, it is important to point
          out that the policy of the Judiciary of the Islamic Republic of Iran is to
          abstain from that type of punishment, in order to ensure social and
          psychological well-being and to preserve the respect and dignity of the
          convicts' family members and relatives. Meanwhile, this type of punishment is
          rarely resorted to, owing to the magnitude and seriousness of the terrorizing
          crimes, and upon the demand of the emotionally injured people, who request
          public punishment for the criminals. Therefore, capital punishment is minimal
          and is administered only on an extremely exceptional basis, limited to few
          cases.
          Paragraph 15
          They were charged and prosecuted for violent public disturbance, armed
          threat and abduction of people, stealing of public property, rape, and bullying
          and battering helpless women and children. They were tried and, owing to the
          extent and seriousness of their crimes, which gave rise to public hatred and
          abhorrence, were sentenced to public punishment. Other accusations cited in
          this paragraph, such as leaving their corpses hanging for hours, are baseless.
          /. .
        
          
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          Paragraph 16
          They were convicted for premeditated murder, adultery and rape and
          sentenced to death in January 1994. This verdict was confirmed by the Supreme
          Court and carried out on 1 February 1994. The alleged lapidation or hanging in
          public have no basis in reality.
          Paragraphs 17 and 18
          Since only the name of an individual is declared, it will not be possible
          to investigate this allegation. The Special Representative is requested to
          provide more information such as date of birth, full name and surname, father's
          name, place of birth or residence, etc. This information is necessary for a
          proper investigation.
          Paragraph 19
          Mr. Feizollah Makhoubat was arrested last year on charges of espionage and
          sabotage and after trial was sentenced to death in accordance with the law. The
          sentence was consequently carried out on 17 February 1993. His corpse was then
          buried in a Jewish Cemetery according to Jewish faith. Considering the above
          facts, all the allegations cited in this paragraph are denied. Allegations are
          expected to be substantiated with the necessary evidence and proof.
          Paragraph 20
          The mere provision of the name of the said individual is not sufficient for
          the necessary investigation to be carried out. As has been justifiably and
          repeatedly requested in the past, the Special Representative is requested to
          provide more information such as date of birth, full name and surname, father's
          name, place of birth or residence, etc. This information is necessary for due
          investigation.
          Paragraph 21
          Since these allegations lack the necessary evidence and information, they
          cannot be construed as reliable.
          Paragraph 22
          The individual mentioned was charged with adultery with married men and
          being involved in organizing a web of prostitution. She was tried and sentenced
          to death by the court. The verdict was implemented on 1 March 1994 in prison.
          There is no truth in the alleged lapidation or public execution.
          Paragraph 23
          Since this allegation lacks the necessary specific information, it cannot
          be investigated and is not reliable.
          /. .
        
          
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          Paragraph 24
          This report is confirmed. The individual in question had reached legal age
          and the verdict was implemented in accordance with due judicial process.
          Paragraph 25
          Messrs. I. Jafari, H. Dad-Ban and S. Rezai were found guilty of armed
          robbery of public property and rape and were sentenced to death. The verdict
          was implemented on 13 July 1994 upon its approbation by the Supreme Court.
          Messrs. M. H. Ansari and A. Shamsse were found guilty of murder, frequent drug
          trafficking and terrorizing people. The court verdict condemning them was
          carried out in July 1994 following confirmation by the Supreme Court.
          Paragraph 26
          This report is confirmed. The individual in question had reached legal age
          and the verdict was carried out following due judicial process.
          Paragraph 27
          Since the information, facts and evidence relating to the serial crimes
          committed by the terrorist Mojahedin Khalq Organization, including the bomb
          blast in the holy shrine of Imam Reza (P.B.U.H.) and the assassination of
          Iranian Christian clerics, are interrelated and complementary, the explanations
          regarding this paragraph and paragraphs 28, 29, 30 and 62 are provided under
          paragraph 80, section J, below.
          Paragraph 28
          Please refer to paragraph 80, section J, below.
          Paragraph 29
          Please refer to paragraph 80, section J, below.
          Paragraph 30
          The fatwa of the late Imam Khomeini is a religious issue which is of
          concern to all Muslims and accepted throughout the Muslim world. The statement
          referred to in the report is merely a publication of segments of the ‘Popular
          Basij”, which attempts to explain the principle of fatwa in general in Islamic
          jurisprudence. Therefore, any attempt to attribute this statement to the
          Government of the Islamic Republic of Iran or ask for an explanation from the
          Government has no basis in the reality of the situation.
          Paragraphs 31, 32 and 33
          The Islamic Republic of Iran does not have any information regarding the
          murder of the persons concerned. However, since protection of life, property
          and dignity of citizens of other countries is the responsibility of the
          Government of the country of residence, the Government of the Islamic Republic
          /. .
        
          
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          of Iran, for its part, is contesting the cases referred to above and, as a
          beneficiary, requests the relevant countries to carry out appropriate
          investigations and prosecute the perpetrators of these crimes. Furthermore, the
          relevant authorities and organs of the Islamic Republic of Iran are ready to
          extend their full cooperation in identifying instigators of such acts of
          terrorism. Some experts believe the terrorist organizations have carried out
          such operations in territories of those countries, with the twofold objectives
          of eliminating the disenchanted elements and disrupting the relations of the
          Islamic Republic of Iran with the concerned countries. Therefore, the false
          claim that elements are acting on behalf of Iranian officials involved in such
          crimes is nothing but a mere ‘complementary tactic aimed at damaging the
          reputation of the Islamic Republic of Iran and its foreign relations”.
          Paragraph 34
          It should be noted that the reply to this matter was provided under
          paragraph 24 in the addendum to the 1993 report (A/48/526/Add.1, appendix,
          page 7) . Furthermore, cooperation in this regard should take place in the
          context of bilateral arrangements for judicial cooperation. The Islamic
          Republic of Iran has forwarded a proposal in this regard which would enable each
          side to discharge its undertakings within a mutually accepted legal framework.
          The Islamic Republic of Iran awaits the response by the Swiss authorities so
          that agreements may be concluded as soon as possible and mutual cooperation
          fully realized.
          Paragraph 35
          Before completion of a minimum inquiry by relevant French authorities and
          before a fair verdict is announced, any comment on or claim in this regard would
          be unfounded. As has been stated many times, the Islamic Republic of Iran did
          not interfere in this affair in any way, and rejects the speculative allegations
          levelled in this regard. Unfortunately the said member of the Islamic Republic
          of Iran's Embassy in Bern, although innocent, has been detained for a long time,
          contrary to legal procedures. Please refer also to explanations provided
          regarding paragraphs 31, 32 and 33.
          B. Enforced or involuntary disappearances
          Paragraph 36
          Many cases included in the list transmitted by the Working Group on
          Enforced or Involuntary Disappearances of the Commission on Human Rights lack
          necessary information. The said Group has been requested to furnish
          complementary information, enabling the relevant authorities and organs in the
          Islamic Republic of Iran to conduct thorough investigations into these cases.
          /. .
        
          
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          C. Right to freedom from torture or cruel, inhuman
          or degrading treatment or punishment
          Paragraph 37
          The accusations and allegations of inflicting torture and degrading
          treatment or punishment, which have been invented in the case of
          Mr. F. Makhoubat, are categorically rejected. Levelling such allegations
          without any supportive documents or evidence not only fails to conform to legal
          standards, but also calls into question the very legal merits of their sources.
          Paragraph 38
          Since this allegation lacks the necessary specific information, it cannot
          be investigated and does not seem reliable.
          Paragraph 39
          In an interview with Frankfurter Allgemeine , dated 3 August 1994, the
          person in question has unequivocally confessed to collaboration with American
          and Iraqi agents in the Islamic Republic of Iran. This confession not only
          clarifies his previous actions, but is also a valid criterion to assess the
          validity of his other statements. His numerous contradictory press
          fabrications, self-explanatory as they are, could be caused by financial motives
          or thirst for fame.
          Paragraphs 40 and 41
          The cases mentioned relate to principles of Islamic law and which are
          believed by all the Muslims across the world. In the Islamic Republic of Iran,
          all punishments are based on Islamic-Constitutional law, and the country is
          opposed to cruel, inhuman or degrading punishments. The verdicts of punishments
          are issued in accordance with the law and Constitution of the Islamic Republic
          of Iran.
          Paragraph 42
          The individual in question was tried according to her confession. She was
          charged with public manifestation of intoxication with alcohol, public
          disturbance, unlawful sexual relations and perverting some young people.
          Following due legal process, she was punished according to the sentence of the
          court.
          Paragraph 43
          Levelling allegations of a general nature and without specific information
          on the cases, cannot be reliable. Meanwhile, it should be emphasized that all
          litigants have the right to appoint an attorney for their defence.
          /. .
        
          
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          D. Administration of justice
          Paragraph 44
          The laws and regulations of the Islamic Republic of Iran guarantee the
          right of the accused to benefit from the services of an attorney. In cases
          where the accused is unable to hire an attorney, the relevant court is obliged
          to appoint an attorney (court-appointed attorney) for him or her. In the
          Islamic Republic of Iran, all those accused have ample time to prepare their
          defence and to defend themselves. If they object to their arrest, they can file
          their objection with the court. According to the Constitution of the Islamic
          Republic of Iran, trials are open to the public. The laws of Iran also
          guarantee open trials. All courts in the Islamic Republic of Iran, including
          revolutionary and other courts, act according to the said laws and regulations.
          Any violation of these regulations is prosecuted by the Disciplinary Court.
          Paragraph 45
          According to amendment 18 of Islamic penal law, ratified in 1991, the
          duration of pretrial detention shall be precisely calculated and deducted from
          the total term of imprisonment of the convict. Regarding the unlimited
          prolongation of the detention period before trial, please refer to the response
          to paragraph 134 of the 1992 report (E/CN.4/1993/41, para. 135) . The claim of
          denial to the accused of access to friends and relatives represents a distortion
          of the facts; visitation controls are sometimes necessary requirements for a
          careful and fair trial. According to article 171 of the Constitution of the
          Islamic Republic of Iran, if any violation of these provisions results in
          psychological damage to the accused, the latter has the right to seek and
          receive indemnification.
          Paragraph 46
          The overwhelming majority of the judicial authorities in the Islamic
          Republic of Iran hold a bachelor's or higher degree in law. Owing to
          consideration that “Islamic law' is the main source of “Iranian law”, it is
          necessary to employ Islamic jurists in the judicial system of the Islamic
          Republic of Iran. Accordingly, one fourth of the total number of judges are
          specialists in Islamic jurisprudence. Besides their education in Islamic Law, a
          great number of them have received university degrees. Moreover, skills in
          contemporary law and completion of enhanced training programmes are a
          prerequisite to sit on the bench. The agreement of judges is required for their
          transfer as stipulated in article 164 of the Constitution. Taking into
          consideration the facts stated above, the claims in this regard are undoubtedly
          baseless.
          Paragraph 47
          The head of the Judiciary of the Islamic Republic of Iran has the
          administrative position in this branch and does not interfere in judicial
          deliberations and decisions. According to law, judges enjoy total freedom and
          independence in their deliberations and decisions of court cases. It is natural
          to accept that decisions are subject to appeal by the Supreme Court within the
          /. .
        
          
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          framework of the judiciary process. The Chief Justice is the Chairman of the
          first Chamber of the Supreme Court and one of its members. His only difference
          in comparison with other judges of the Supreme Court is his responsibility to
          refer cases to different chambers and to organize the affairs of the Court.
          Taking this information into consideration, the claims in this regard lack any
          credibility.
          Paragraph 48
          Such claim is not only groundless, but is also an indication of ignorance
          of its inventors. Islamic law and its principles are the main source of the
          civil codes of the Islamic Republic of Iran and commonality and coordination
          between the two is quite interesting. Therefore, in practice, the possibility
          of contradiction between civil law and Islamic principles is precluded.
          Paragraph 49
          An independent bar association exists in the Islamic Republic of Iran and
          enjoys all rights, including guaranteed free functioning.
          Paragraph 50
          Such claims contradict the present situation in and condition of the
          prisons. The efforts of prison authorities to improve living conditions in
          jails and to move towards a more idealistic standard in all levels have been
          reported by the main media and brought to the attention of the public. Please
          refer to the reply to paragraph 45 in the addendum to the 1993 report
          (A/48/526/Add.1, appendix, p. 8)
          Paragraph 51
          This claim is a repetition of paragraph 42 of the 1993 report with little
          difference in the wording and sentence structure. While denying the allegation
          once again, we refer to the response to this paragraph in the addendum to the
          1993 report (A/48/526/Add.1, appendix, p. 8)
          Paragraph 52
          This claim is baseless. All arrests in the city of Mashhad were made on a
          temporary basis and according to warrants by the courts. After preliminary
          investigations those found to be innocent were speedily released. The claim of
          the imprisonment of 283 people is clearly baseless.
          Paragraph 53
          The arrest of bandits and smugglers should not be considered as the
          violation of human rights; moreover, because of the need to protect the rights
          of citizens, including the right to life of those who are the gradual victims of
          drugs, it should be actually supported. Claims regarding demonstrations etc. in
          Tehran are unfounded and the result of fanciful theories. It is not clear why
          such fabrications are set forth in this paragraph together with objection to the
          arrest of bandits and smugglers.
          /. .
        
          
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          Paragraph 54
          The claims are the result of unreal and distorted news, mixed and related
          in a spiteful way, manifesting contradiction in their nature. It has been
          claimed that the Basiji Forces were sent to guide the violators but it was also
          pointed out immediately that they punished them. While there is a big
          difference between guidance and punishment, we would like to emphasize that in
          the Islamic Republic of Iran only courts of justice are legally allowed to
          impose punishment on wrongdoers.
          Paragraph 55
          This claim is refuted. The individuals in question were summoned to the
          court and after a brief hearing were set free.
          Paragraph 56
          According to article 5 of the Law on establishing General and Revolutionary
          Courts, ratified on 6 July 1994, and articles 4 and 6 of the Administrative Code
          of the said Law, ratified on 16 July 1994, the Chamber of Revolutionary Courts
          shall be established in Centre of Provinces or areas and its exigencies
          determined by the head of the Judiciary. In the said Law and its Administrative
          Code there is no mention of any increase in the Revolutionary Courts, but the
          establishment of such courts shall be controlled and limited to the Centre of
          Provinces and a few other areas whose exigencies shall be discerned by the head
          of the Judiciary. Since article 34 of the Administrative Code regarding the
          establishment of General and Revolutionary Courts voids all other contradictory
          Codes and Circulars, the authenticity of the claim is refuted.
          E. Freedom of speech and expression and status of the press
          Paragraph 57
          Article 24 of the Constitutional Law and the Law of the Press, ratified in
          1985, guarantees the publication and freedom of the press. The latest
          statistics in this regard indicate that a total number of 448 newspapers and
          magazines and more than 200 bulletins are published in the Islamic Republic of
          Iran. Besides, other statistics show 170 new publications in 1991, i.e., five
          times more than in 1979, which is in itself a denial of the claim in this
          regard. Moreover, it should be emphasized that none of the cases of bankruptcy
          claims are due to speculative causes such as self-censorship, censorship, paper
          shortage, etc. Even on the assumption of true bankruptcy, it must be pointed
          out that the ratio in comparison with publishers and publications who remain in
          business is quite low. Besides, such cases are not exclusive to the Islamic
          Republic of Iran, because recent statistics indicate bankruptcy of newspapers
          and publications in many countries around the world.
          Paragraph 58
          The person in question has been arrested and is now in detention on charges
          of espionage, acts against the moral health of society, including drug
          /. .
        
          
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          possession and use, slander and participation in plots of the Shah's regime
          against the Iranian nation. At present, the individual is in good physical and
          psychological condition.
          Paragraph 59
          The person in question is arrested and now in detention on charges of
          espionage, acts against the moral health of society, including drug possession
          and use. This individual is at present in good physical and psychological
          conditions.
          Paragraph 60
          Religious scholars and jurists freely express their jurisprudential
          comments and decrees in the framework of freedom of expression. This even
          happens in circumstances where some of these decrees and comments are different
          from the national laws and regulations. The inclusion of this fatwa in the
          report, and the implication that the court should have suppressed or prevented
          its assistance, is in itself a clear disregard by the report and its author for
          freedom of expression as well as for other civil and political rights of an
          eminent personality like Grand Ayatollah Araki. The legislative debate by the
          representatives of the Islamic Consultative Assembly (Parliament) in these
          circumstances is a reflection of the wishes of the majority of their
          constituencies.
          F. Freedom of religion and the status of the Baha'i community
          Paragraph 61
          The Constitution of the Islamic Republic of Iran, the civil code and
          government practice provide very broad freedom for members of recognized
          religious minorities, including the applicability of their canon law to their
          personal and communal affairs as well as reserved seats in the Parliament. Even
          though minorities can enrol in regular schools, they also have their own private
          schools. In these schools, which are financially supported by the Ministry of
          Education, minorities read their language and practice their own religion. All
          this is indicative of the fact that followers of minority religions enjoy full
          legal rights. Therefore, the allegations presented in this paragraph concerning
          restrictions on freedom of belief have no base in reality.
          Paragraph 62
          Please refer to paragraph 80, section J, below.
          Paragraph 63
          The allegation of the arrest of the individuals referred to is without any
          foundation.
          /. .
        
          
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          Paragraph 64
          While refuting the allegations in this paragraph, it should be mentioned
          that all churches are established and operate in accordance with the law of the
          land. It goes without saying that any establishment created by fraudulent
          groups and the misuse of the names and titles of respected religious centres are
          not entitled to legal protection.
          Paragraph 65
          The claims in this paragraph are rejected. It should be emphasized that
          all religious minorities enjoy all the rights in the Islamic Republic of Iran.
          Paragraph 66
          While rejecting these claims, it should be pointed out that bringing up
          such an issue results from lack of attention to the reply to paragraph 58 in the
          addendum to the 1993 report (A/48/526/Add.1, appendix, p. 12)
          Paragraphs 67, 68 and 69
          The case is being investigated by the appropriate authorities. At the same
          time, any complementary information in this regard would be appreciated.
          Paragraph 70
          Clear and precise information rejecting the fabricated allegations has been
          given in the answer to paragraph 54 in the addendum to the 1993 report
          (A/48/526/Add.1, appendix, p. 11) . Please refer to this reply.
          Paragraph 71
          The answer to the claims on ownership rights has been clearly given in the
          reply to paragraph 55 in the addendum to the 1993 report (A/48/526/Add.1,
          appendix, p. 12) . Please refer to this reply. Other claims in this paragraph
          have been examined and been found groundless. It is also useful to refer to the
          reply to paragraph 56 in the addendum to the 1993 report (A/48/526/Add.1,
          appendix, p. 12)
          G. Status of women
          Paragraph 72
          These allegations are fabrications and have been replied to under
          paragraphs 59, 61 and 65 in the addendum to the 1993 report (A/48/526/Add.1,
          appendix, pp. 10-11) . It is worth mentioning that article 28 of the
          Constitution of the Islamic Republic of Iran provides for freedom of employment
          for all citizens. Moreover, in national employment legislation, there is no
          regulation stipulating that the consent of husbands is required for the
          employment of married women. According to article 180 of the Family Protection
          Law, wives have the right to curb their husbands' occupations or careers legally
          /. .
        
          
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          if they feel that such occupations or careers constitute a danger to their
          family life. The division in some public transport vehicles has been made upon
          the request of those who mostly use them, and is not general practice.
          Regarding women's participation in sports, it should be pointed out that every
          morning national television airs women's morning exercises. This is indicative
          of the amount of authenticity of the claim that women are prohibited from
          participating in sports.
          Paragraph 73
          The claims are rejected. Some of the allegations are the result of
          distorting sound and logical cultural particularities and mixing them with
          fabrications. No school has imposed the chador (black attire) as the required
          dress for girls. Women are free to select the dress of their choice. Covering
          of the face in some parts of the province of Khoozestan stems from their culture
          and the customs prevailing there for many centuries and there is no governmental
          requirement for that observance.
          Paragraph 74
          Taking present realities into consideration, these claims are without
          foundation. Separation of schools for boys and girls is an old tradition and is
          not peculiar to the Islamic Republic of Iran. The ratio of employed citizens
          (men and women) is in conformity with the job market and economic factors.
          Therefore, to expect a fixed employment rate over the past 15 years might well
          be naive. Such an allegation means that objective realities in the Islamic
          Republic of Iran have simply been neglected.
          Paragraph 75
          The authenticity of this claim is rejected.
          Paragraph 76
          According to the information received from the husband of the late
          Dr. Homa Darabi, she had had symptoms of a psychological disorder for some time.
          Gradual increase in these symptoms resulted in her unfortunate suicide. The
          allegation is therefore not true and should be refuted.
          Paragraph 77
          The allegation of the assassination of Ms. Zohreh Izadi is totally baseless
          and stems from a biased fabrication. The said individual committed suicide as a
          result of family problems. Before that, she had informed her friends of her
          intention. At the time of the attempt, she injured seriously some of those
          present at the scene.
          /. .
        
          
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          H. Political rights
          Paragraph 78
          The claim that a gathering of the Freedom Movement of Iran was dispersed by
          violent means in early 1994 by people supportive of the Government is baseless
          and therefore rejected.
          I. The imprisoned
          Paragraph 79
          In its reply to the Special Representative's report of 1992 the Islamic
          Republic of Iran answered allegations regarding the following persons:
          Khalil Akhlaghi, Naser Arabha, and Ali Solaymani. The Special Representative
          should therefore present his reasons for his failure to take these replies into
          account and for his decision simply to repeat the same allegations in his
          1994 report. In its reply to the Special Representative's report of 1993, the
          Islamic Republic of Iran has answered allegations regarding the following
          persons: Morteza Afshari Rad, Abdollah Bagheri, Mohammad Hasan Basiji,
          Naheed Dorood Yahi, Javad Ebrahimi, Abbas Amir Entezam, Mostafa Ghaderi,
          Farhad Javian, Manoocher Karimzadeh and Salim Sawbernia. The Special
          Representative should therefore present his reasons for his failure to take
          these replies into account and for his decision simply to repeat the same
          allegations in his 1994 report. Moreover, we need to know whether the answers
          provided regarding other cases in 1994 will be duly considered or simply suffer
          the same fate. On the other hand, had we answered the allegations contained in
          this section of the 1994 report, would those answers have received due
          consideration?
          Mohammad Bagher Bourzooi was sentenced to 15 years' imprisonment and
          indemnification of damages to public property, on charges of terrorist
          activities and participation in procurement of weapons and ammunition. Upon
          receiving a pardon from the leader, he was freed from prison.
          After a thorough examination of the charges against
          Mr. Manouchehr Karimzadeh by the court, he was condemned to 10 years'
          imprisonment. On the anniversary of the victory of the Islamic Revolution on
          11 February 1994, the above-mentioned individual was pardoned and released from
          prison.
          J. Terrorist activities
          Paragraph 80
          As mentioned earlier in connection with the reply to paragraph 27 (see
          section A above), is an elaboration of the background of the Mojahedin Khalq
          Organization (MKO) terrorist campaign against the people of the Islamic Republic
          of Iran. In this connection it is noteworthy to refer to the information
          provided in the letter of the Permanent Mission of the Islamic Republic of Iran
          /. .
        
          
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          to the United Nations Office in Geneva dated 4 October 1994 regarding the
          outcome of the careful investigations by law enforcement officers into the
          recent labyrinthine atrocities instigated by MKO in the Islamic Republic of
          Iran, including the bombing of the Holy Shrine of Imam Reza (P.B.U.H.) in
          Mashhad on 20 June, and the assassination of Iranian Christian clerics.
          It should be added here that Mr. Mohammed Seyyed-ol-Mohhadesin, a well-
          known terrorist of the foreign relations of MKO, at a London gathering on
          25 October 1992 of the members of the British branch of that organization,
          declared:
          “It's about 10 years that we have been establishing an internal command
          center for directing the kind of operations such as the recent bomb
          explosions you have witnessed in Iran . . .“
          Another top MKO terrorist, Mr. Manuchehr Hezarkhani stated at the same
          gathering:
          “We have chosen the method of coercion to fight against the Islamic
          Republic of Iran and dare to be called hotheads for that . . .“
          Although these remarks were made from the heartbeat of world news -
          London - and despite the plethora of prima facie evidence of the criminal nature
          of MKO, they have been treated by certain international circles in a manner that
          has cultivated and enhanced their zest for bloodshedding.
          The abundance of facts, intelligence and even outspoken statements made by
          MKO leaders and members, along with undeniable documents open to examination by
          the relevant responsible international organizations, leave no doubt that
          terror, torture and any inhuman action is considered valid and legitimate by the
          rules governing MKO activities.
          The recent ploy of MKO to create and fan religious division and hatred in
          the Islamic Republic of Iran, had it not been foiled by the Government, could
          have resulted in a widening circle of tragedy, spilling over into other
          countries and endangering peace.
          Notes
          a/ Resolution 2200 A (XXI) , annex.
          b/ Weekly Nimrooz (Farsi) , London, 8.8 1371 (Iranian calendar)
          (corresponding to 30 October 1992)
          c/ Ibid.
        
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Freedom of Religion, Discrimination, Christians