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Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission on Human Rights. Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1990/79

E/CN. 4/1991/35

          Economic and Social Council
          Distr. GENERAL 
          13 February 1991
          Original: ENGLISH/FRENCH/SPANISH
          Forty—seventh session
          Agenda item 12
          Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission on Human Rights . . Mr. Reynaldo Galindo Pohi. pursuant to Commission resolution 1990/79
          GE. 91—1O587/2898B
          E/CN.4/ 1991/35
          page ii
          INTRODUCTION . .
          A. Written communications of a general nature . . . . . . . . . . . . . . . . .
          B. Written communications concerning allegations received by the Special Representative and transmitted to the Government
          C. Conversations with representatives of the Islamic Republic of Iran
          A. Right to life
          B. Enforced or involuntary disappearances
          C. Right to freedom from torture or cruel, inhuman or degrading treatment or punishment .
          D. Administrationofjustice . .
          E. Freedom of opinion, expression, press and association and right to peaceful assembly ...
          F. Freedom of movement; right to leave one's countryandtoreturn .
          C. Allegations of intimidation or reprisal
          H. Situation of women .
          I. Situation regarding the rights of children ...
          J. Testimonies concerning acts of violence against the civilian population .....
          K. Freedom of religion
          L. Situation of the Baha'i community

Paragraphs Page 1— 5 1 6— 28 2 6— 9 2 10— 22 3 23— 28 7 29—327 11 30— 72 11 73 22 74—141 22 142 — 185 30 186 — 204 205 209 217 222 225 250 265 36 41 42 43 44 44 48 52 — 208 — 216 — 221 — 224 — 249 — 264 — 327
          EICN.41199 1135
          page iii
          CONTENTS ( continued)
          Chapter Paragraphs
          OF IRAN 328 —460 61
          A. Introduction ...... 328 — 333 61
          B. Meeting with representatives of the executive and judicial branches of Government 334 — 416 62
          C. Hearing of prisoners at Evin prison ......... 417 — 429 75
          D. Trial proceedings at Evin prison 430 — 433 79
          E. Information received by the Special Representative from non—governmental sources 434 — 444 80
          F. Information received from private persons .... 445 — 455 82
          G. Meeting with members of the Baha'i coznim.znity 456 — 457 84
          H. Meeting with the Armenian community .......... 458 85
          I. Comments and observations received from the Government on the report on the second visit .... 459 — 460 85
          IV. CONCLUSIONS AND RECOMMENDATIONS . ......... 461 —494 90
          I. Names and particulars of persons allegedly executed in the Islamic Republic of Iran, supplementary to the lists contained in previous reports of the Special Representative
          II. Names and particulars of persons allegedly executed in the Islamic Republic of Iran. Governmental replies to the list contained in the interim report to the General Assembly
          (A/45/697, appendix I)
          III. Government replies to the list of prisoners handed to the Deputy Minister of Foreign Affairs on 9 October 1990
          El CN. 4/1991/35
          page 1
          1. At its forty—sixth session, the Commission on Human Rights decided, by
          its resolution 1990/79 of 7 March 1990, to extend the mandate of the
          Special Representative, as contained in Commission resolution 1984/54
          of 14 March 1984 for a further year arid, requested the Special Representative
          to submit an interim report to the General Assembly at its forty—fifth session
          tn the human rsghts -ratios. tne Islamic s eublit iran. .: uding she
          situation of minority grcs.ps1.rh -as th S.IIa is, and. final retort to the
          Commission at its F z rtv— erth session. By it decision 1990/243
          of 25 May 1990, the Economic and Social Council endorsed that reSOtutiOn.
          2. Previously, the Genera. iscembly had, decided. by tIc resolutton /l63
          of 15 December 1989 to continue its examination of the situation of human
          rights in the Islamic Rept hlis -ti Iran during its forty—fifth session in the
          light of additional eles enss trovided by the Commission for Human Rights and
          the Economic and Social CounciL
          3. In response to General Assembly resolution 44/163 and. Commission on Human
          Rights resolutson 1990/19, the Special Representative presented his snterim
          report (A/451697) to the forty—fifth session of the General Assembly. By its
          resolution 45/173, the General Assembly took note with appreciation of the
          reports by the Special Representative presented in 1990, including the
          observations contained therein noted with concern the allegations of
          violations of human rights contained in these reports, and further noted that
          the Commission on Human Rights would consider the situation of human rights in
          the Islamic Republic of Iran at its forty—seventh session and would: refer the
          question, as appropriate, to the General Assembly at its forty—sixth session.
          4. In compliance with paragraph 14 of Commission resolution 1990/79, she
          Special Representative submits herewith his final report to the Commission.
          This report updates the situation as reflected in the interim report on the
          basis of information that the Special Representative continued to receive from
          October 1990 to January 1991. Such information includes replies received from
          the Iranian Government to allegations transmitted to it by the Special
          Representative during the entire year; it was, therefore necessary to
          reproduce at least in s mmery form the contents of these ellegations so that
          the answers of the Government can be properly assessed. The account on the
          second visit, which the Special Representative made to the Islamic Republic of
          Iran from 9 to 15 October 1990 (A/45/697, chapter IV) and the observations of
          the Government on that visit, are also reproduced as chapter III of the
          present report. However, due to the length of the present report, the
          appendices III and IV of the interim report have not been reproduced and may
          be consulted in document A/45/697.
          5. The structure of this report follows previous patterns and is accordingly
          divided into four chapters, plus an introduction: I. Communications between
          the Government of the Islamic Republic of Iran and the Special Representative
          since the interim report to the General Assembly; II. Information received by
          the Special Representative; III. Report on the second visit to the Islamic
          Republic of Iran; IV. Conclusions and recommendations. As in previous
          reports, various annexes are attached containing information on events and
          allegations referred to in the main body of the report.
          E/CN.4/ 1991/35
          page 2
          A. Written communications of a general nature
          6. By letter dated 16 January 1991, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva informed the
          Special Representative that, on 31 December 1990, the Iranian Parliament had
          approved new legal provisions concerning the right to legal counsel in all
          courts (for the text see para. 148).
          7. On 5 February 1991, the Permanent Representative of the Islamic Republic
          of Iran to the United Nations Office at Geneva addressed the following letter
          to the Special Representative:
          “We wish, through this formal letter, to raise with you a basic and
          important issue which has been the subject of discussion between us in a
          number of formal as well as informal meetings and on which, most
          regrettably, we have not been able to arrive at a conclusion or
          understanding as of yet.
          “It is our hope that this letter, which we request to be included in
          the conclusion of your report, shall encourage you to look into this
          essential tatter with more attention and provide us with an answer that
          is clear and unambiguous. We also hope that the Special Representative
          will avoid the casual replies which he has so far presented and which
          only leaves things more obscure.
          “The issue at hand is but a simple, straightforward question:
          “What:. is the basis and criteria for the Special Representative's
          conclusions whether or not monitoring the situation of human rights
          should continue?
          “OEe 3pecial Representative has, at different times so far, provided
          the fcllow ng replies which we shall make an effort to reproduce:
          ‘l. The Special Representative makes that conclusion on the basis
          of the report.
          “2. :ran should become (the Special Representative wishes to make
          Iran) a model country for human rights.
          “3, In the Special Representative's view monitoring is a procedure
          that should be applied to most countries of the world in a non—selective
          manner indefinitely and on the basis of co—operation with States
          “4. Response by Iran to the recommendations and replies to the
          allegations, is the basis for such conclusion.
          “The first reply is indeed vague and extremely general as the report
          is a compilation of communications and information which cannot by
          themselves yield a particular conclusion. The conclusion is made by the
          page 3
          Special Representative and, in order to avoid personal judgement, he must
          have available to him a criterion which shall serve as the basis for
          making a suggestion on whether or not monitoring of a State's human
          rights situation is ‘useful and appropriate'.
          “The second reply presents the Special Representative's personal
          desire and is evident that it cannot serve as the criterion to suggest
          continued monitoring. To ‘change' Iran and ‘make it a model', however
          good may be intended, is far beyond the mandate; monitoring on this basis
          cannot be described as ‘appropriate'.
          “OEe third reply is what may constitute a criterion for monitoring.
          But this does not correspond to the present situation as ‘most countries
          of the world' are not monitored. As long as this criterion is not
          adopted and applied by the Commission it is not appropriate, nor is it
          just, to continue to apply it to Iran.
          “So far as the recommendations are concerned they have been accepted
          and practical steps have been taken for their implementation. Replies to
          the so—called allegations have also been provided.
          “On the basis of the above, there remains no doubt that the
          suggestions by the Special Representative on continuation of monitoring
          stem from a personal judgement and indeed the criteria that he uses as
          the basis (3 and 4 above) yield to the conclusion that monitoring Iran
          should stop.”
          8. By letters dated 6 February 1991, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Oeneva transmitted in
          written form information he bad presented to the Special Representative during
          a meeting on 30 January 1991 and requested that it be included in the report
          and that he be informed of the observations and reconunendations as well as the
          course of action the Special Representative intended to take on these
          matters. The information has been reproduced in paragraph 28 (b) to (d).
          9. By a further letter dated 6 February 1 91, the Permanent Representative
          referred to another matter raised during the above—mentioned conversation.
          The content of that letter is reproduced in paragraph 28 (a) below.
          B. Written communications concerning allegations received
          by the Special Representative and transmitted to the
          10. On 8 November 1990 the Special Representative sent the following letter
          to the Minister for Foreign Affairs of the Islamic Republic of Iran:
          “... I should, indeed, be most grateful if you could kindly intercede in
          a case which, for purely humanitarian reasons, I felt I should bring to
          your personal attention. According to information available to me,
          Mr. Badiullah Sobhani, a former official of the Ministry of Education,
          adhering to the Baha'i faith, is being held at Evin prison for the sole
          reason of not being able to repay his retirement pension received during
          the past 14 years. To my knowledge he has not been charged with any
          offence punishable under Iranian law. In view of these circumstances and
          page 4
          given the advanced age of Mr. Sobhani, I am taking the liberty of
          requesting your intervention with the competent authorities with a view
          to obtaining his release.”
          11. By letter dated 22 November 1990, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at G ieva communicated
          to the Special Representative that Mr. Badiullah Sobhani was set free
          on 15 November 1990.
          12. On 17 December 1990 the Special Representative wrote the following letter
          to the Permanent Representative of the Islamic Republic of Iran to the
          United Nations Office at Geneva:
          “... I recall with appreciation that, during my recent visit to Tehran,
          the Deputy Foreign Minister, Mr. M. Mottaki, expressed your Government's
          willingness to reply to the allegations which I transmitted to it in the
          past. As you know, I noted in my interim report to the General Assembly
          the fact that your Government has started providing such replies and
          cannot but emphasize again the importance I attach to its comments and
          observations on the various allegations.
          “Since I intend to finalize my report by mid—January 1991, I would
          be most grateful if any further replies your Government might wish to
          submit could be communicated to the Centre for Human Rights not later
          than 10 January 1991, so that they may be included in my report and be
          taken into consideration in the conclusions and recommendations I intend
          to place before the Commission.”
          13. By letter dated 28 December 1990, the Special Representative transmitted
          to the Permanent Representative of the Islamic Republic of Iran to the
          United Nations Office at Geneva, the latest allegations received subsequent to
          his interim report to the forty—fifth session of the enera1 Assembly,
          reiterating his request for comments or observations.
          14. On 10 January 1991, the Permanent Representative of the Islamic Republic
          of Iran to the United Nations Office at Geneva addressed to the Special.
          Representative the following letter:
          .. [ I] would like to draw your attention to the fact that the deadline
          for submission of replies set forth for 10 January 1991 is absolutely
          impractical to meet as investigations of this nature are time consuming.
          The time, therefore, needs to be extended to a reasonable date.
          “Moreover, as we have always mentioned in the past, the nature of
          your work requires continuous or at least frequent direct contacts with
          you before preparation of any report in order to accomplish the most from
          our full co—operation, We, therefore, request that you propose a number
          of dates that we can meet together from now until the time of the
          preparation of the report and its subsequent presentation to the
          forty—seventh session of the Commission on Human Rights.
          “We are aware, of course, that because of your other preoccupations
          it may not be possible for you to come to Geneva as frequently as this
          sensitive, complicated and extensive task requires. Therefore, we would
          E/CN. 41199 1/35
          . page5
          like to inform you that we are prepared to meet with you at agreed places
          and times which may be convenient to you. I must add that the
          possibility of direct telephone contacts are also most desirable.”
          15. By letter dated 11 January 1991, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva transmitted
          replies to the letters dated 27 June and 9 July 1990 addressed to him by the
          Special Representative, as follows:
          “..• I have the pleasure to inform you that since 10 December 1990,
          the following persons have been released: Reza Sadr, Ezatollah Sahabi,
          Farhad Behbahani, Abbas Ghaem Al—Sabahi, Mabmoud Naimpoor,
          Nour Au Tabandeh and Hossein Shah—Hosseini. .
          “With regard to the other detainees, as soon as the judicial
          proceedings are concluded, you will be informed of the final results.”
          16. By letter dated 14 January 1991, the Special Representative replied to
          the letter of the Permanent Representative dated 10 January 1991 as follows:
          “While I appreciate the difficulty of investigating fully the most
          recent allegations transmitted by letter dated 28 December 1990, I have
          to remind you that the majority of the allegations received in 1990 were
          communicated to you by letters dated 20 August and 8 October 1990 and for
          certain individual cases even earlier. In addition, replies are still
          outstanding for allegations sent to you in previous years. I also wish
          to recall that during my last visit to Tehran in October 1990, the Deputy
          Foreign Minister, Mr. M. Mottaki, informed me that investigations on the
          allegations transmitted so far were already under way and replies would
          be made available to me shortly.
          “In an effort to meet your concerns as well as your wish for further
          consultations with me, I have decided to delay the submission of my
          report for two weeks in order to allow us to meet before its
          finalization. Such a meeting could take place at Geneva on 28 or
          29 January 1991. Any written material your Government might wish to
          present for inclusion in the report would, however, have to reach the
          Centre for Human Rights in one of the working languages of the
          Organization on 22 January at the latest.
          “In view of the fact that the forty—seventh session of the
          Commission is scheduled to begin its work on 28 January 1991 and that by
          delaying my report I am already placing a considerable burden on the
          translation services of the United Nations, I hope that I can count on
          your understanding with regard to the dates indicated.”
          17. By letter dated 15 January 1991, the Special Representative transmitted
          to the Permanent Representative of the Islamic Republic of Iran to the
          United Nations Office at Geneva, the following letter:
          “... In the framework of the co—operation which your Government accords
          to my mandate I should like to bring to your attention that I have
          EICN. 4/1991/35
          page 6
          received reports concerning Mrs. Betty Akbarnia and her six—year—old son
          Amir, both residents of Overland Park, Kansas, United States of America.
          According to the information provided, Mrs. Akbarnia has resided in the
          United States for 16 years and holds a permanent ininigrant visa. Both
          persons are said to have recently been arrested at Tehran airport upon
          returning to the United States from a family visit. It was reported that
          Mrs. Akbarnia has been charged with denouncing the Muslim faith and that
          she is scheduled to stand trial on 19 January 1991.
          “I would be most grateful if you could provide me with full
          information on this case and in particular advise me of the precise
          charges brought against Mrs. Akbarnia. I would further appreciate
          receiving assurances that the above—mentioned persons receive humane
          treatment while in detention and can benefit of all procedural safeguards
          provided for in the International Covenant on Civil and Political Rights,
          including access to legal assistance.”
          18. On 21 January 1991, the Permanent Representative of the Islamic Republic
          of Iran to the United Nations Office at Geneva addressed the following letter
          to the Special Representative:
          “I wish to refer to your letter of 14 January 1991 and indicate that
          my Government shall make every effort to prepare the replies as soon as
          possible. But this process is time consuming and more time would be
          needed than your new suggested deadline. We understand the burden on the
          Human Rights Centre but we believe for matters of importance such as this
          the United Nations should be prepared to provide facilities in a manner
          that will not limit, by any means, the possibilities for receiving as
          much information as possible by the Special Representative from the
          Government, even if it comes at the eleventh hour. With regard to the
          necessity for direct contact, the dates proposed would, based on your
          timetable, follow your preparation of this report. We have requested
          direct contact both prior and following the finalization of the report.
          As we mentioned earlier, the sensitive and complicated nature of this
          task requires constant contact, consultation and discussion so that our
          full co—operation can be properly utilized. A report drafted merely on
          the basis of some formal correspondance cannot be as objective and
          reliable as the task calls for. Since the monitoring is done on a
          continuous basis, consultations and contacts should also be possible at
          any time, at least on many occasions and not just one.
          “We wish to reiterate our readiness, in the spirit and pursuance of
          our full co—operation, to meet you at any time and place prior to, during
          and following the preparation of the report. We are aware of your other
          preoccupation which limits the time you may allow for our task and your
          possibility to travel. We therefore state that we are ready to shoulder
          the extra burden to travel to the place desirable for you, including your
          current place of residence. We also await to receive your telephone
          number so as to enable us to contact you by phone.” ,
          19. By letter dated 22 January 1991, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva strongly
          protested against the contents of paragraphs 44 and 45 of the interim report
          (A/45/697) and demanded immediate rectification (for the substantive content
          of this letter see para. 50).
          page 7
          20. By letter dated 22 January 1991, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva transmitted
          replies of the Iranian Government to allegations contained in the interim
          report (A/45/697). For the substance of the replies see chapters II and III
          below. By the same letter the Permanent Representative also provided answers
          concerning the fate and/or whereabouts of 157 prisoners whose names were
          included in a list of 202 which the Special Representative handed to the
          Deputy Minister for Foreign Affairs during hi8 second visit to Tehran. The
          list of the Special Representative is reproduced in appendix II of the interim
          report (A/45/697) and the replies thereto are reflected in annex III of the
          present report.
          21. By note verbale dated 22 January 1991, the Permanent Mission of the
          Islamic Republic of Iran to the United Nations Office at Geneva made available
          to the Special Representative the text of a communication which the Conseil
          Apostolique des Arm niens de T h ran had addressed to the Ministry of Foreign
          Affairs (for the text of this communication see para. 458).
          22. By letter dated 1 February 1991 the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva again referred
          to the death of Mr. Kazem Rajavi. OEe text of the letter is reproduced in
          paragraph 52.
          C. Conversations with representativea of the
          Islamic Republic of Iran
          23. Before orally introducing his interim report before the General Assembly,
          the Special Representative had a long, detailed conversation in New York with
          the deputy Permanent Representative of the Islamic Republic of Iran to the
          United Nations, Ambassador Javad Zarif. OEe discussion concentrated on the
          items in the interim report which the Government of the Islamic Republic of
          Iran found objectionable for various reasons, notably the prominence given to
          criticism originating from sources which in its view were partial and given to
          spreading disinformation, but also because the report, in its opinion, ignored
          positive aspects of the situation, and its lack of balance put the Iranian
          Government in a bad light.
          24. In Geneva, the Special Representative had two conversations with
          Ambassador Syrons Nasseri who also brought up the subject of the interim
          report — both its tenor, which he described as negative, and various specific
          features which he considered to be lacking in balance. He paid especial
          attention to the questions of freedom to voice one's opinions and the
          authorization of new political parties. As regards freedom of expression, the
          Ambassador stated that the report made no mention of the complete freedom of
          expression enjoyed in the Iranian Parliament, which was unmatched in any other
          country in the region. OEe Special Representative pointed out that, whatever
          took place in Parliament, where divergent views were expressed and the
          Government was on occasion fiercely criticized, during his second visit to the
          country, he had received information from press sources which led him to
          believe that freedom of expression was subject to restrictions and steps
          should thus be taken to enable journalists to do their job of reporting and
          analysing the news, and allow newspapers to publish their articles in complete
          safety. He added that he could see no reason for the delay in authorizing new
          E/CN.4/ 1991/35
          page 8
          political parties, which had now lasted several years; while some had indeed
          been authorized, others were de facto being denied legalization through simple
          foot—dragging, and there had been no official ruling on the subject.
          25. The Ambassador stated that, to his mind, all allegations were
          incorporated into the reports without first being evaluated for their degree
          of credibility, and it was that that gave the appearance that human rights
          violations were taking place in Iran. His view was that the sources and
          credibility of allegations should be considered before they were included in
          reports. OEe Special Representative did not share that view and referred to
          the report he had submitted to the Commission on Human Rights at its
          forty—fourth session (E/CN.4/l988/24), paragraphs 61 to 65 of which explained
          in detail the method followed in handling allegations received.
          26. The Ambassador raised the subject of the criteria for the continuation or
          suspension of international monitoring and it was agreed that he would submit
          a note because, on such an important matter, it was preferable for the
          Commission on Human Rights to know exactly what the Government's thinking
          was. OEe note was received on 5 February 1991 and has been incorporated into
          chapter I.
          27. OEe Ambassador questioned the inclusion in the interim report of
          references to the killing of Mr. Kazem Rajavi and the Rushdie affair. OEe
          Special Representative replied that he was unable to omit the information he
          had received on those two matters. As regards the Rajavi case, the
          Sub—Commission on Prevention of Discrimination and Protection of Minorities,
          in resolution 1990/8 of 30 August 1990, had expressly invited him to include
          in his report “information available to him on this investigation”. In
          reference to the Rushdie affair, the Ambassador added that the report ought to
          have mentioned the hundreds of persons in different countries, chiefly
          Pakistan and India, who had died as a result of Rushdie's book.
          28. OEe Ambassador asked for the final report to mention a number of matters
          which he felt had a bearing on human rights. He later submitted his
          suggestions in writing, as follows:
          (a) “I would like to draw your attention to a humanitarian and
          complicated issue linked with the destiny of more than 3 million Afghan
          and 65,000 Iraqi Kurd refugees residing in the Islamic Republic of Iran.
          “Your attention is drawn to the fact that on the basis of
          humanitarian principles, the responsibilities for refugees is an
          international one and should not be left burdened on the host country
          “OEe Government of the Islamic Republic of Iran has provided all the
          facilities and accommodated the needs for all refugees to the best of its
          potentialities. Nevertheless, they cannot fully enjoy their rights
          stipulated in the provisions of the international covenants, as the
          result of others not sharing this international responsibility.
          “OEis issue is becoming more complicated and worse after the
          occurrence of the recent crisis in the Persian Gulf. On the basis of the
          United Nations information, there might be more influxes of refugees of
          different nationalities pouring into Iran in days to come.
          E /CN .4/1991/35
          page 9
          “Therefore, the Special Representative should pay special attention
          to the issue of refugees in Iran from the standpoint of their human
          rights, in order to improve their situation pending the final resolution
          of the issue. We request that this matter be fully investigated by the
          Special Representative and to report his findings and observations to the
          Commission on Human Rights. t '
          (b) “We have received numerous letters from many individuals who have
          stated that they or members of their families have been displaced from
          their cities of residence as a result of the occupation and destruction
          of their cities. This had led to their deprivation of many basic rights
          enshrined in the [ Universal Declaration] of Human Rights and the two
          Covenants. Their situation has still not been returned to normal. They
          also state that there are millions of individuals or families with the
          same grievances.
          “Given the magnitude of the problem, they request that the Special
          Representative look into this matter noting the fact that such
          deprivation of human rights have been the result, above all, of the
          persistent military assistance provided by some western countries to
          enable the military occupation and destruction of their cities.”
          (c) “A number of persons have written to us to inform us of their
          grievances and requested that the Special Representative examine the
          situation and report on it accordingly.
          “They have informed us that they represent tens of thousands of
          individuals or the families of those who have lost their lives or have
          otherwise been severely impaired as the result of indiscriminate bombing
          of civilian population centres in the course of the war. OEey have
          reminded us that these bombings, which have resulted in the extensive
          violations of the human rights and particularly the right to life of
          many, have been made possible due to sustained and open—handed assistance
          and provision of weapons or the sophisticated means to deliver weapons
          against the population by a number of western countries. OEey have also
          noted that at the time the United Nations reports had established the
          fact that weapons provided by their countries were being used against
          civilian population against the norms of international humanitarian law.”
          (d) “A number of individuals have requested us in writing to convey to
          you that they represent tens of thousands of people in Iran who
          themselves, or members of their family, have lost their lives or have
          been seriously injured, in many occasions for life, as the result of
          chemical bombardments against military and civilian personnel. The said
          representative individuals have demanded immediate investigation by the
          Special Representative into this matter and to present his observations
          and recommendations on the issue on the basis of the following:
          “1. Use of chemical weapons against both military and civilian
          populations is prohibited by international law and international ,
          humanitarian law;
          E/CN.4/199 1/35
          page 10
          “2. OEe chemical weapons and the technology to sustain its
          manufacture have been provided by a number of western countries;
          “3. Such material was provided with full knowledge that they had
          been and would continue to be used. against human beings;
          “4. As thousands have been deprived of their right to life and
          other most fundamental human rights, the matter should be dealt with by
          the Special Representative with the priority and attention that
          violations to such catastrophic human rights consequences require.”
          E/CN.4/ 1991/35
          page :i i
          29. The following paragraphs contain allegations of human rights violations
          received by the Special Representative and transmitted to the Government of
          the Islamic Republic of Iran by memoranda dated 20 August, 8 October,
          28 December 1990 and 29 January 1991. Replies received from the Government
          with regard to the alleged incidents and cases have also been reflected in
          this section. It should be understood that as regards the allegations
          transmitted on 28 December 1990 and 29 January 1991, the Government did not
          have sufficient time to examine them in detail and submit its observations.
          A. Right to life
          30. According to a report by the daily Abrar , a man condemned for fornication
          was publicly executed in Masbad in early 1990. Agenee France Presse reported
          on 16 January that a 31—year—old woman convicted of prostitution had been
          stoned to death in Bandar Anzali. On 31 January Jomhouri Islami published a
          declaration of the Komiteh Commander of the Province of West Azerbaijan,
          according to which five persons engaged in prostitution and corruption had
          been stoned to death. According to a report by Ressalat on 15 February 1990,
          Cholani Reza Masouri was hanged in Arak for pederasty.
          31. Jomhouri Islami reported on li February 1990 that Bolouch Ismalel Zehi
          had been executed for drug—trafficking. On 10 January Radio Tehran announced
          that 31 persons convicted of drug—trafficking had been executed, 23 of them in
          Tehran, 3 at Shiraz, 3 at Sabzevar and 2 at Saveh. According to Ressalat of
          Il February, a married couple accused of drug—trafficking was sentenced to
          death in Saveh.
          32. Dailies from various countries published the statement of
          Mitra Moazez (21), claiming that she had been forced to witness the death by
          burning of a 37—year—old woman and two 18—year—old men in an Iranian prison.
          According to these reports she had been imprisoned from 1981 to 1984. When
          she was freed, she visited the family of one of the young men, named Asghar
          Chorbani Maleki, who told her that prison guards had brought them a box
          containing Asghar's ashes and that, as a consequence of the shock this had
          caused, the young man's father had committed suicide.
          33. Abbas Raissi, a navy officer stationed at Chah Bahar, was said to have
          been arrested around September 1989 in Chah Bahar on unknown charges. OEe
          source of the informati6n presumed that his arrest, as well as the arrest of a
          group of other persons, related to an incident in which a Government opponent,
          of whom Mr. Raissi was a close friend and distant relative, was smuggled out
          of the Islamic Republic of Iran. The group arrested at the same time included
          two of the opponent's nephews as well as his brother, Mohammed Karim Naroui,
          who was the Head Postmaster at Chah Bahar, and was executed at Zahedan on
          28 January 1990 (8 Babman 1368), reportedly having been sentenced to death at
          a trial the previous day. Mr. Raissi, who was detained at either Chah Bahar
          or Zahedan prison, was said to be at risk of imminent execution; the charges
          brought against him were not known and no information was available as to
          whether he had been tried. . By a letter dated 12 March 1990, the Special
          Representative requested information about the charges brought against
          Mr. Raissi, whether he had been tried and, if so, asked that all relevant
          details concerning his trial and sentence be provided to him. OEe Special
          Representative also appealed to the Government, in case Mr. Raissi had been
          page 12
          sentenced to death, to consider granting clemency or at least to ensure that
          all safeguards stipulated in the International Covenant on Civil and Political
          Rights, particularly in its article 14, had been fully respected in the
          preceding trial.
          34. By a letter dated 26 April 1990, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva replied that
          Mr. Raissi had been tried on spying charges for collaborating with Iraq during
          the war and had been condemned to death. The death sentence was carried out
          after due judicial process and all solemn rites were performed. OEe Permanent
          Representative added that the relevant judicial file would be made available
          upon request.
          35. By a letter dated 7 May 1990, the Special Representative thanked the
          Government for its reply and requested the relevant judicial file concerning
          this case. He reiterated his interest in examining the files in the meeting
          with the Deputy Minister for Foreign Affairs, Mr. M. Mottaki, held at Tehran
          on 9 October 1990.
          36. On 28 April 1990, the newspaper Kayhan published a report by the Islamic
          Republic News Agency to the effect that the Prosecutor General of the Tehran
          Revolutionary Court had announced that 10 persons accused of espionage would
          be executed in the next few days. Other sources reported directly to the
          Special Representative that Mr. Jamshead Amiry Bigvand, former Director of the
          Marodasht Shiraz Petrochemical Laboratory, and 13 other persons had allegedly
          been convicted on the charge of espionage for the United States of America, an
          offence for which capital punishment might be applied. Reportedly these
          persons had been held for months in solitary confinement at Evin prison, and
          had not been allowed to avail themselves of legal assistance of their own
          choosing. It was further alleged that confessions had been extracted under
          torture and that some of them had been compelled to make extrajudicial
          confessions which were broadcast by Iranian television. OEe Special
          Representative requested the Government, by a letter dated 8 May 1990, to
          enable all 14 persons to benefit from all the procedural safeguards provided
          for in articles 6 and 14 of the International Covenant on Civil and Political
          Rights and also safeguards 5 and 6 of the annex to Economic and Social Council
          resolution 1984/50 of 25 May 1984, entitled “Implementation of safeguards
          guaranteeing the rights of those facing the death penalty”. OEe Special
          Representative further requested information on the precise charges brought
          against these persons and all relevant details of their trials. Finally, the
          Special Representative appealed to the Government that, in the event that all
          legal remedies had been fully exhausted, every possible consideration be given
          to the granting of clemency to those persons.
          37. On 11 May 1990, the Special Representative, pursuant to his letter
          dated 8 May 1990 and reiterating the requests expressed therein, communicated
          to the Permanent Representative 10 more names of persons allegedly belonging
          to the above—mentioned group of 14, as follows: Dr. Bahman Agahy, Legal
          Advisor of thee Iranian Foreign Ministry; Hooshang Amjadi Bigvand; General
          Ardeshear Ashraf; Manochehr Azar, Attorney; Masoud Deadehvar, Planning Advisor
          for the Iranian Oil Company; Navy Captain Kyanoosh Hakeamy; Colonel Bahram
          Ikany; Heshmatolah Magsoody, Clergyman/Attorney; Captain Gahraman Malekzadeh
          and Colonel Masoud Payaby.
          E / CN .4 / 1991 / 35
          page 13
          38. By a letter dated 5 June 1990, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva forwarded to
          the Special Representative the following response of the judicial authorities
          of the Islamic Republic of Iran:
          “According to the article 37 of the Constitution of the Islamic
          Republic of Iran, and as contained in the second paragraph of article 14
          of the International Covenant on Civil and Political Rights, no person
          shall be considered guilty by law unless the accusation against him is
          proved by a competent court and the courts are naturally obliged to act
          “In the light of information received by the Islamic Revolutionary
          Court, those people were arrested and tried in accordance with the law.
          In addition, they were entitled to appoint a legal counsel and they duly
          and freely defended themselves during the trial;
          “With regard to the right of the accused to resort to higher court,
          it should be mentioned that the sentences issued in accordance with law
          could be reviewed in the Supreme Court. Consequently, after the issuance
          of the verdicts all the accused requested a review by the court of
          appeal. Investigation, therefore, was conducted at their request and the
          verdicts of the two of the accused were referred to another court for
          39. On 19 February Radio Tehran announced that 31 persons had been executed
          for drug—trafficking and organizing prostitution in the cities of Tehran,
          Sabzevar, Karaj, Arak, Kerman, Boushehr, Sari, Qom, Bakhtaran and Rashat.
          Radio Tehran supplied the names of those executed in each of those cities.
          Other sources stated that the charges were formation of and participation in
          international drug—trafficking bands, importing, transporting, purchase and
          sale of opium, heroin and hashish; corruption and establishment of
          prostitution centres, perverting girls and married women and corrupting the
          younger generation.
          40. It has also been reported that 18 prisoners were executed on 17
          and 27 April 1990 in the City of Sanandaj. It was asserted that they were
          militants who attended May Day celebrations in Sanandaj last year. OEe names
          of 14 persons belonging to this group were given as follows:
          Mehdis Bolur—Forush, Jamal Cheragh—Disi, Nader Fat'hi, Seid Saleh Hossieni,
          Naser Jalali, Ahinad Mohamadi, Ali Ashraf Moradi, Mohsen Othman Pour,
          Abmad Parvizi, Mohamad Rozaii, Naser Sobhani, Anvar Shariati, Roya, Bakhtiari.
          41. By a letter dated 22 January 1991, the Government of the Islamic Republic
          of Iran stated that:
          “(a) Mr. Jamal Cherag—Vasi, because of terrorist activities and
          participation in several murderous operations and abduction in the
          Kurdistan region, was executed under the verdict of the court;
          (b) Mr. Anvar Shariati, because of participation in many military
          operations against ordinary people, causing death and injury to more than
          50 people, was executed under the verdict of the court; (c) no judicial
          record was found on Mr. Mehdi Bolorforosh and Mrs. Roya Bakhtiyari.
          OEere were also no evidence of their executions because of non—political
          offences in Iran; (d) Mr. Naser Sobhani and Mr. Moheen Osman—pour were
          page 14
          executed under the verdict of the court for their act of espionage in a
          military region and providing top secret military information to aliens;
          (e) Mr. Mohammad Rezal, Mr. Abmad Parvizi and Mr. Seyed Saleh Hosseini
          are all alive and going about their nomal duties; (f) Mr. Nasser Djalali
          and Mr. Nader Fathi, during the years 1985 to 1988, were involved in
          rebellious activities in the western part of the country, killing tens of
          innocent people, demolishing public premises such as bridges, roads
          connecting villages to cities, kidnapping wives and children of people
          and blackmailing their families. He was arrested in 1988 and executed
          in 1989 under the verdict of the court; (g) Mr. Abmad Mohammadi was
          killed in armed clashes with military forces along the western borders of
          the country. He was involved in smuggling foodstuffs across the
          Iran—Iraq borders; (h) Mr. Au Ashraf Moradi was executed under the
          verdict of the court for the act of murder committed by him
          intentionally. One can therefore note that none of the above persons
          were executed for first of May celebrations, as was alleged.”
          42. It has further been reported that on 14 February 1990 a judicial panel
          sent to Hamadan on behalf of the Head of the Judiciary issued the following
          (a) Gholamhossein Golzar, 27 years old, discharged employee of the
          Agricultural Bank of Hainadan: 74 lashes for committing robbery; 92 lashes for
          participation in a forbidden act, and decapitation by the just sword of the
          Imain All;
          (b) Gholamhassan Golzar, aged 28, discharged employee of the Hamadan
          Municipality: 74 lashes for committing robbery; 74 lashes for participation
          in a forbidden act, and decapitation by the just sword of the Imain All;
          (c) Reza Khanian, 23 years old, fruit and vegetable centre clerk:
          74 lashes for committing robbery; 50 lashes for participation in a forbidden
          act; amputation of hand for committing assault and battery and hanging by
          43. The newspaper yh announced on 3 January 1990 that Khodakaram Zamani,
          given a retributory death sentence for the murder of Morad—Ali Rezai, was
          executed in the main square of Khorrainabad.
          44. The newspaper Ettelapt announced the following executions:
          Gholam Zanbgian and Rashid Noor—Mohammadi, in Bakhtaran, on 6 January 1990,
          for murder; Abmad Souri, for murder, on 9 January; two persons whose names
          were not announced, in Mashad on 1 January 1990, for murder; and the murderer
          of a 13—year—old girl, hanged in Ahwaz.
          45. On 22 January 1991, the Government of the Islamic Republic of Iran
          stated, with regard to the three preceding paragraphs, that “it is necessary
          to realize that all verdicts issued from the courts are based on Islamic
          46. The Special Representative referred to the assassination of
          Mr. Kazem Rajavi in his interim report to the General Assembly (A/45/697,
          paras. 43 and 44). On 30 August 1990, the Sub—Commission on Prevention of
          Discrimination and Protection of Minorities adopted resolution 1990/8, in
          E / CN. 4 / 1991/35
          . page 15
          which it: “expresses the sincere wish that all facts and circumstances will
          be fully investigated and revealed with respect to this serious crime;” and,
          in its paragraph 4, “Also expresses the wish that the Special Representative
          on the situation of human rights in the Islamic Republic of Iran,
          Mr. Galindo Pohl, will include information available to him on this
          investigation in his next report”. The Special Representative therefore
          requested the Government of Switzerland to provide him with any information it
          would be able to make available to him with regard to the investigation of the
          47. By a letter dated 31 January 1991, the Permanent Observer of Switzerland
          to the United Nations Office at Geneva replied as follows:
          “On instructions from my Government, I have the honour to
          communicate the following in response to your letter dated
          19 September 1990 about the killing of Mr. Kazem Rajavi, the contents of
          which were disclosed to me by the Centre for Human Rights.
          Mr. Kazem Rajavi was assassinated on 24 April 1990, on the open
          street in the village of Tannay, near Coppet. The criminal investigation
          of this matter is being handled by the examining magistrate of the Canton
          of Vaud. Mr. R. Chatelain has issued warrants for the arrest of
          13 Iranians who appear to be implicated in this appalling crime and has
          transmitted a list of questions to the Iranian authorities through the
          judicial assistance system. .
          The outcome of these inquiries must be kept secret while the
          investigation proceeds. The examining magistrate of the Canton of Vaud,
          who is in charge of the investigation, is the only person authorized to
          disclose the information obtained.
          The Swiss Federal Council is nevertheless extremely concerned that
          all aspects of this attack should be brought to light. As stated in the
          press communiqu issued on 22 June 1990 (copy attached), the Federal
          Department of Foreign Affairs notified the Embassy of the Islamic
          Republic of Iran in Switzerland in June 1990 that the Federal Council
          would draw the appropriate conclusions if it should transpire that
          Iranian diplomats accredited to Switzerland or Iranian officials working
          in Switzerland were implicated in this affair.”
          “Press communiqu issued by the Federal Department of Foreign Affairs:
          Ambassador Pierre—Yves Simonin, the Head of the Second Political
          Division at the Federal Department of Foreign Affairs, this afternoon,
          Friday 22 June 1990., summoned Mr. Babman Agharazi Darmani, the Secretary
          of the Embassy of the Islamic Republic of Iran in Bern, in the absence of
          the Head of Mission, Ambassador Seyyed Mohanunad Hossein Malack, to convey
          to him Switzerland's extreme concern following the publication of the
          press release issued by the examining magistrate of the Canton of Vaud
          leading the investigation into the killing of Mr.. Kazem Rajavi.
          E/CN.4 / 1991 / 35
          page 16
          Ambassador Simonin gave the Iranian diplomat to understand that the
          Federal Council will consider the accusations levelled at some official
          Iranian services and will, where appropriate, take the steps which such
          cases require.
          Ambassador Simonin further informed Mr. Darmani that the Federal
          Council would not hesitate to draw the appropriate conclusions should it
          transpire that accredited diplomats and/or Iranian officials stationed in
          Switzerland were implicated in this affair.”
          48. The examining magistrate of the Canton of Vaud, Mr. N. Chatelain, to whom
          the Permament Observer refers in his letter, previously had issued a press
          release, dated 22 June 1990, stating, inter pUp , the following:
          . As of now, although the investigation has not been completed,
          it appears that several people are closely implicated in this affair. It
          was established early on that the individuals Yadollah Samadi and
          Mohammad Said Rezvani were possibly associated with this killing, but
          research has shown 13 people to be implicated.
          The 13 implicated all justified their presence in Switzerland by
          means of Iranian official passports bearing the words “on official
          business”. Some of these documents had been issued on the same days as
          each other in Tehran. Most of these individuals entered Switzerland
          together on direct Iran Air flights from Tehran to Geneva, and possessed
          airline tickets bearing consecutive serial numbers. OEey all stayed in
          hotels in or on the outskirts of Geneva. It has been established that
          sundry persons had made three trips to Switzerland, but that they were
          accompanied by different accomplices on each occasion.
          The police officers conducting the investigation have now assembled
          a number of clues which make it possible to state that one or more
          official Iranian services are directly involved in the killing of
          Mr. Kazem Rajavi.
          The Federal authorities have been informed of this development and
          the outcome of these inquiries. The inquiries are not yet complete,
          however, and the Vaud Security Police is continuing its investigation.”
          49. The assassination of Mr. Rajavi generated fear in persons visiting the
          Palais des Nations to give information about human rights in the Islamic
          Republic of Iran. They took extraordinary precautions so as not to draw
          attention to their lives and their beliefs and asked for special police
          protection, in some cases notifying the competent authorities in advance of
          their movements in Geneva or requesting interviews outside the Palais des
          50. By letter dated 22 January 1991, the Permanent Representative of the
          Islamic Republic of Iran strongly protested against the reference to the
          assassination of Mr. Kazem Rajavi included in the interim report to the
          General Assembly (A/45/697, paras. 43 and 44). He stated:
          E / CN. 4/1991 / 35
          page 17
          “In paragraph 44 you have referred to assassination of
          Mr. Kazem Rajavi in a manner that tends to allege involvement of the
          Iranian Government. In doing so, you may have been misguided by some
          slanderous reporting reflected in some media. I wish to remind you that
          criminal charges have been pressed against those reporters on the basis
          of the Swiss Law. It is inappropriate for the Special Representative,
          however, to repeat such serious slanders on the basis of unfounded
          “Moreover, the Special Representative should pay greater attention
          and reflect as thoroughly on thousands of cases of assassinations
          committed by the group that the deceased represented; bloody and cruel
          assassination that has included men and women, old or young. Total
          sympathy should also be presented to the families of those assassinated
          by the notorious group the deceased represented. Such attention and
          sympathy is, unfortunately and suspiciously, absent despite the fact that
          the Special Representative has, at his disposal, much information about
          the terrorist activities and assassination of this group and despite his
          own condemnation of such terrorist activities in the past.
          “My Government, for its share, condemns all acts of terrorism and
          assassinations and believes that, like other murders committed by this
          notorious terrorist group against their own members, the killing of
          Mr. Kazem Rajavi is also the result of infighting within the group
          orchestrated by their headquarters in Iraq. ...“
          51. With regard to paragraph 49 above, the Government of the Islamic Republic
          added that “there have not been any threats of non—co--operation with the
          Special Representative on the part of the authorities of the Islamic Republic
          of Iran. On the other hand, the Islamic Republic of Iran has taken measures
          to have the different NGOs meet the Special Representative and during his two
          trips has taken necessary precautionary measures for the convenience of those
          who wish to see the Special Representative”.
          52. By letter dated 1 February 1991, the Permanent Representative added the
          “Following the protest in my letter dated 22 January 1991, in
          connection to the death of Mr. Kazem Rajavi and your comments presented
          orally in a formal meeting on 30 January 1991, citing a Sub—Commission
          resolution as the reason for such reference, I wish to state that your
          explanation is not justified, and hereby reiterate our protest and demand
          for full rectification of the matter. In this connection, while
          referring you once again to the text of our previous letter, I would add
          the following:
          “1. Your mandate for examining the human rights is decided not by
          the Sub—Commission but by the Commission on Human Rights and, as such,
          you are by no means legally bound to pursue any matter on behalf of the
          Sub—Commission unless you simply choose to do so.
          “2. The resolution at the Sub—Commission was the result of a letter
          dated 4 May 1990 which, in breach of most basic norms of the
          United Nations, was issued and signed by the Under—Secretary—General for
          Human Rights. The United Nations Secretary—General did, later, issue to
          E/CN. 4/1991/35
          page 18
          us a etter of apology and regret. The damage, however, had already been
          done, as the Sub—Commission drafted its resol xtion on the basis of the
          !et -er by the Under—Secretary—General. copies of which were provided
          throuzh the members of the MKO terrorist group.
          3 . OEus 4 it is all too clear that one wrong act has led to
          others. OEis rnus come to an immediate halt.”
          53. It has also been widely reported that the Iranian Government has endorsed
          the !eath sentence against tne British author Salman Rushdie. On 5 June 1990,
          the Leader of the Islamic Republic of Iran reportedly stated that the fatwa
          reii ious verdict) of tne late Imain Khomeini concerning the author was based
          on divine rulings and remained irrevocable. On 26 December 1990 the Leader of
          the Islamic Republic of Iran reiterated that the fatwa cannot be revised or
          reoealed by anyone at any time,
          54. By a letter of 22 January 1?91, the Permanent Representative of the
          Islamic Republic of Iran also referred to the Rushdie case, as follows:
          “ ... It should be pointed out that as a result of the criminal act of
          Mr. Rushdie which was a direct insult to the most sacred values of
          Muslims, tens of people lost their lives in different parts of the
          world. It is very suprising to note that the Special Representative
          addressed this political issue under the humanitarian mandate without
          making any reference whatsoever to those whose blood was spilled in
          protest to this criminal act. The Special Representative is expected to
          show as much sensitivity to the right to life of those Muslims who lost
          their lives as that which he extends to the culprit.”
          55. It has further been reported that on 22 October 1990
          Professor Cyrus Elahi, a member of the Flag of Freedom Organization of Iran,
          was found dead with numerous bullet wounds at his Paris home. It was alleged
          that the assassination was carried out by agents of the Iranian Government.
          By a letter dated 11 January 1991, the Special Representative requested the
          Charg d'Affaires of the Permanent Mission of France to the United Nations
          Office at Geneva that he be provided with any information that her Government
          would be able to make available to him on the results of the investigation
          into this case.
          56. The Charg d'Affaires of the Permanent Mission of France to the
          United Nations Office at Geneva replied, in a letter dated 29 January 1991,
          that “... the investigation has not yet been completed. Accordingly we cannot
          at present provide any information on the case, which is still sub judice .
          I undertake to keep you informed of any developments.”
          57. In many communications the Special Representative has received, it has
          been asserted that the families had never been officially notified that their
          relatives had been executed. In addition, those that were notified were often
          not told where their relatives had been buried.
          58. By a letter dated 22 January 1991, the Government of the Islamic Republic
          of Iran has answered this allegation, stating that, “as the Special
          Representative was informed previously, there are special procedures for the
          implementation of the verdicts. According to these procedures the accused and
          his or her parents or family are informed of the contents of the verdict”.
          El CN .4/1991/35
          page 19
          59. It has been reporced that as of January 1990 persons have been executed
          in the Islamic RepubNc of Iran for their homosexual or lesbian tendency.
          60. In its reply of 22 January 1991, the Government of the Islamic Republic
          of Iran stated that “according to the Islamic Shariat, homosexuals who confess
          to their acts and insist on that are condemned to death”.
          61. Other individual cases were reported as follows.
          62. Mr. Bizhan Abmadian reportedly was shot in a street in Babol and that the
          authorities refused to return his body to the family. Subsequently, his
          parents and some other members of his family were allegedly arrested.
          63. In its reply of 22 January 1991, the Government of the Islamic Republic
          of Iran stated that “Mr. Bizhan Ahmadian fought along with others, armed with
          hand grenades and light weapons, in an attack on a shop belonging to a
          citizen; he clashed with officers of the law and order and consequently was
          killed. It is worth mentioning that in this street clash, two security agents
          were also wounded and killed. Two others who were arrested said that they
          have launched their operation on the order of the so called Peoples Mojahedin
          Khalq Organization of Iran”.
          64. Mr. Mohammad Fadaii was reportedly sentenced to five years' imprisonment.
          At the end of his prison term, which was spent in Meshed prison, he was
          released. In 1988, allegedly without any reason, he was again arrested,
          subjected to several kinds of torture, and executed.
          65. In the same reply of 22 January 1991, the Government of the Islamic
          Republic of Iran stated that “Mr. Mohammad Fadaii had been arrested because of
          co-operation with terrorists and was released after serving his prison term.
          He is now with his family”.
          66. Mr. Aniir Taavoni—Ganji, his wife and daughter left Iran in 1987 out of
          fear for their safety and liberty. When he returned for a short visit in 1988,
          he was immediately arrested and taken to Evin prison. In November 1989, the
          prison authorities asked his family to collect his clothes and other
          belongings, as he had been executed.
          67. In its reply of 22 January 1991, the Government of the Islamic Republic
          of Iran stated that “no judicial report or arrest document is available on
          Mr. Amir Taavoni Ganji”.
          68. Mr. Mobammad Amin Danesh was reportedly executed on 12 January 1986 in
          Iranshahr and that his body was burned by the Guardians of the Islamic
          69. In its reply of 22 January 1991, the Government of the Islamic Republic
          of Iran declared that “Mr. Mohainmad Amin Danesh was kidnapped in 1986 by the
          armed bandits who demanded a ransom for his release. Since these bandits were
          in operation on Afghan soil, it was not possible to pursue them and he has
          apparently been killed because of failure to pay the ransom. The allegation
          in this respect, therefore, is denied.”
          page 20
          70. Mr. :Davoud Mohainmadi, a former veterina: ian working in the Vete:d nary
          Office of Arak city, was reportedly executed in October 1989 on charges of
          drug—trafficking, but that the real reason for his execution war to bc fou d.
          in his political activities opposing the Government.
          71. In its reply of 22 January 1991, the Gcvernmen . of the Isl.emic Republic
          of Iran stated that Mr, Davoud Mohanunadi as arrested under charges f
          possessing and distributing opium and othei illicit dr igs and based upon the
          verdict of the court, was sentenced to death He ha no security record”.
          72. Subsequent to his interim report to the General AssenIIly the Special
          Representative has received the following further a.legations concerning tbc
          right to life:
          (a) It has been reported that two members of the “Flag of Freedom
          Organization of Iran” were executed at Evin prison: Mr. Hamid Amir Ansari,
          around 18 January 1990 and Colonel Mojtaba Shaf ii Khazaneh around
          February 1990. No information was available as to whether they had been
          presented to a court before execution. It was also reported that the fate of
          11 other members of the Organization was unknown and fear was expressed that
          they might also have been executed. The names were given as follows:
          Davoud Mir Rahimi, Mrs. Zaman, Jafapour, Abmad Roudaki, Khalil Ghiassi,
          Farokhi, Davoud Mozaf far, Mohanunad Amin Alreaya, Nader Afshari, Dr. Assadi,
          Manouchehr Motaheri. All aforementioned persons were said to be political
          opponents of the Government but had not engaged in any violent activities;
          (b) Davood Nasseri, a supposed political prisoner, reportedly was
          executed in April 1990 in Tehran;
          (c) In September 1990, a hundred people convicted of drug—trafficking
          were said to have been executed within two weeks;
          (d) On 3 October 1990, Mahmoud Khan—Darabi reportedly was executed in
          (e) On 10 October 1990, 37 persons were reported to have been executed
          in Torbat—E—Jaam;
          (f) In October 1990, Massoud Keshavarz and Davood Salahsbour, allegedly
          political prisoners, were said to have been executed in Karaj's Qezel—Hessar
          prison and Tehran, respectively;
          (g) In October 1990, Javad Rahmanian reportedly was executed in Jahroin
          (Fars province), allegedly after having been severely tortured;
          (h) Seyyed Mohammad Au Shahbukhari, reportedly processed under charges
          of being a member of an espionage networks affiliated with a foreign
          intelligence agency and sentenced to death in a military tribunal, was
          executed on 12 November 1990;
          U) On 13 November 1990, Mr. Saber Esmail—Zadeh and Mr. Panahi, two
          supposed political prisoners, were said to have been executed in Tehran.
          Reportedly they had been arrested several years ago and were serving prison
          E / CN. 4 / 1991 / 35
          page 21
          (j) In the first two weeks of November 1990, nine persons were said to
          have been executed on non—political charges in Tehran, Ardebil, Bushehr,
          Karaj, Khorramabad and Zahedan;
          (k) On 19 November 1990, Mr. Moussa Taqavi—Yeganeh, Mr. Khademi,
          Mr. Mohanunad Heydari, Mr. Ahinad Reza'i, Mr. Mohannuad Reza'i and
          Ms. Barazandeh, all of them alleged political prisoners, reportedly were
          executed in Gachsaran;
          (1) On 23 November 1990, eight persons were said to have been executed
          in Haniedan, one person in Ahwaz and one in Zahedan, on various charges,
          including drug—trafficking;
          (m) Two drug traffickers reportedly were hanged in Zahedan on
          28 November 1990, after being sentenced to death by the Islamic Revolutionary
          Court of the city. The two were said to have been found guilty of possessing
          4.5 kg. of heroin;
          (n) On 3 December 1990, four persons were said to have been executed in
          Karaj and another person in Khalkhal;
          (o) On 4 December 1990, 27 persons were said to have been hanged in
          flizelabad prison in Bakhtaran. OEey allegedly had been involved in buying and
          selling narcotics in Bakhtaran and Zahedan;
          (p) It has been reported that Mr. Manocher Afghani Dazeky was executed
          in the city of Kermanshar, subsequent to his arrest by the Guards of the
          Islamic Revolution. It was added that at the time of delivering his corpse,
          the Islamic Guards told his relatives not to mourn and not to wear black
          (q) It was reported that Mr. Mohanimad—Mehdi Saleiman—Nejad, born in 1969
          and bearer of identification card No. 4025, was arrested on 4 August 1988 in
          Zahedan and put at the disposition of the Islamic Revolution's Court of the
          city. Reportedly on 17 August 1988, only 13 days after his arrest, he was
          executed and his grave was shown to his parents; his belongings were given to
          them but in spite of repeated requests, the authorities have not disclosed the
          reason for the execution;
          (r) It was reported that Reverend Hossein Soodmand, aged 55, a Muslim
          convert to Christianity and minister of the church of the Assembly of God in
          Gorgan, was arrested in October 1990 in Mashad, his home town, on charges of
          apostasy from Islam, propagating Christianity, distributing Christian
          literature and setting up an illegal church in Mashad. On 3 December 1990 he
          was hanged in Mashad. His family was allegedly not informed of his situation
          until after the execution had taken place. It is not known whether he was
          tried, Rev. Soodmand converted to Christianity from Islam more than 20 years
          ago, but was ordained ‘ ‘ Before then he worked
          for the Bible Society and in a hospital for the blind, where he met his wife,
          who is blind. He leaves her with four children. Pastors who visited his
          grave have reportedly said that it is not in a cemetery but in a location
          which cannot be considered a respectable place for burials.
          E/CN.4/199 1/35
          page 22
          (a) OEe Iranian press reportedly published articles on a total of
          93 public executions during the period 1 to 29 January 1991. It was said that
          the executed persons have been sentenced on charges of common crime, in
          particular, related to drug—trafficking. Details were given as follows:
          18 executions in Bakhtaran; 2 more Bandar Abbas; 24 including 2 women in
          Mashad; 7 in Torbat Jam; 5 in Neisbabour; 4 in Qouchan; 20 in Hammadan; 1 in
          Oroumieh; 1 in Andimeshk; 8 in Khorasan; and 3 in Chah Bahar.
          B. Enforced or involuntary disanpearances
          73. The Special Representative wishes to refer to the report of the Working
          Group on Enforced or Involuntary Disappearances (E/CN.4/1991/20), which has
          transmitted to the Government of the Islamic Republic of Iran 451 cases of
          missing persons, 7 of which were reported to have occurred in 1990. So far
          only one case has been clarified by information received from non—governmental
          C. Right to freedom from torture or cruel. inhuman or degrading
          treatment or punishment
          74. Reports on torture and ill—treatment during imprisonment have continued
          to be received since the first visit of the Special Representative to the
          Islamic Republic of Iran. It was also alleged that mutilations and corporal
          punishment are being applied. In this context, it is pertinent to note an
          Agence France Presse report that, according to Kayhan , a person convicted of
          robbery suffered the amputation of four fingers on his right hand in Ghasr
          prison at Tehran. On 20 January 1990, the same news agency reported that two
          persons condemned for robbery had suffered the amputation of four fingers on
          their right hands. The sentence was reportedly executed in front of a large
          crowd that had assembled for Friday prayers.
          75. In the letter of 22 January 1991, the Government of the Islamic Republic
          of Iran stated that “any physical abuse or torture under any name is denied in
          the prisons and they are totally baseless. But in regard to amputations, it
          is worth mentioning that the divine religion of Islam permits certain
          punishments for certain crimes and in the field of Qesas which entails
          76. By a letter dated 23 May 1990, the Special Representative inquired about
          the situation of Dr. Alireza Nasiri, reportedly being detained on unknown
          charges at a prison situated at 21, Mohsangi/Asadi Street in Mashad and
          suffering from an acute eye disease, resulting from diabetes, which urgently
          required surgery. According to the information received by the Special
          Representative, Dr. Nasiri was arrested by the Pasdaran in Mashad in 1989.
          The Special Representative asked to be informed of the charges brought against
          Dr. Nasiri, as well as of the relevant details of his trial proceedings. He
          also requested the Government to ensure that Dr. Nasiri receives every medical
          treatment required for his condition.
          77. On 22 January 1991, the Government reported that “Mr. Alireza Nas ri has
          been arrested with court verdict on charges of propagation of corruption and
          his case is under judicial study, The allegation is groundless, since the
          location cited is not a prison and he is now enjoying good health”.
          page 23
          78. By a letter dated 15 June 1990, the Special Representative inquired about
          the situation of Mr. Noureddine Kianouri, former First Secretary of the Tudeh
          Party, whom ) e met at Evin prison during his first visit to the Islamic
          Republic of Iran. According to the allegations received, Mr. Kianouri had
          been placed tn solitary confinement shortly after the departure of the Special
          Representative from Tehran and had no longer been allowed to receive visits.
          79. OEe Special Representative has also been informed that Mr. Kianouri's
          wife, Mrs. Meriain Feirou , was placed in solitary confinement, despite her
          advanced age and poor health.
          80. During his second visit to the Islamic Republic of Iran, the Special
          Representative met with Mr. Kianouri and Mrs. Feirouz. Both denied
          allegations of solitary confinement, maltreatment and suspension of visits in
          recent months (see para. 424).
          81. With respect to these allegations, the Government, by letter
          of 22 January 1991, informed the following: “(a) None of those who met with
          the Special Representative has been subjected to intimidation or maltreatment
          by the agents affiliated to the Islamic Republic of Iran; (b) Mr. Kianouri and
          his wife Meriam Firouz have preferred to live in a separate location from the
          public prison, and, in this regard, a suitable place has been arranged for
          them. This was the case, even during the first visit of the Special
          Representative to the Evin prison in which he was separated from the others;
          (c) Due to efforts rendered by the National Prisons Organization, special
          suites have been provided in the prisons for the married inmates. OEese
          suites are put at the disposal of those who do not have the possibility of
          having two or three days' leave outside the prison. OEese individuals stay
          with their families for one or two days in these suites without the presence
          of any guard. Mr. Kianouri and Mrs. Meriam Firouz also used these public
          facilities; (d) OEe two inmates, due to their old age, are under special
          supervision by the health authorities of the prison. OEey are constantly
          checked by the specialized doctors who come to see them for this purpose;
          (e) Any allegations are categorically denied.
          82. In this connection, the Government also stated the following: “What the
          Special Representative mentions in para. 291 [ erroneous reference) of his
          interim report that he has found in meeting with Mr. Kianouri and
          Mrs. Meriam Feirouz are contradictory to paras. 53 and 54 of his report”.
          83. In addition, the Special Representative received the following
          84. Jamshid Amiri—Bigvand, 52 years old, former Director of Marodasht Shiraz
          Petrochemical Laboratory, was arrested on 18 September 1988 in front of the
          above—mentioned laboratory. Mr. Amiri was placed in solitary confinement in
          Evin prison and was allegedly tortured.
          85. Houshang Amjadi Bigvand, 51 years old, self—employed, was arrested in
          November 1988 at his residence in the city of West Kots. His children and his
          wife were also arrested at the same time. He was placed in solitary
          confinement in Evin prison where he was allegedly tortured. Although his
          general condition of health was reportedly poor, owing to a bleeding stomach
          ulcer, Mr. Amjadi had reportedly not been permitted to receive medication from
          outside the prison.
          page 24
          86. On 13 October 1990, during his visit to Evin prison, the Special
          Representative spoke with Mr. Jainshid Amiri Bigvand and Mr. Houshang Amjadi
          Bigvand (see para. 426).
          87. In connection with these allegations, on 22 January 1991, the Government
          stated in his letter that “Mr. Jamshid Amiri Bigvand and Houshang Amjadi
          Bigvand, who were arrested on charges of espionage for disclosing sensitive
          military information, are now awaiting the verdict of the court of appeal.
          They have not been subjected to any maltreatment and the allegation of their
          torture is denied”.
          88. Parvin Amiri Bigvand, 51 years old, wife of Houshang Amjadi Bigvand, was
          arrested in November 1988 at her residence in the city of West Kots with her
          husband and her children. She was placed in solitary confinement for eight
          months and then released. She was allegedly tortured during her stay in
          solitary confinement.
          89. With regard to this allegation, the Government has stated that
          “Mrs. Parvin Amiri Bigvand, who was arrested briefly for having links with the
          United States spy network activity in Iran, was later released on bail. She
          has not been subjected to any maltreatment during her imprisonment. Any
          allegation, therefore, of her having been tortured is denied”.
          90. Reza Arbabi, 38 years old, was reportedly arrested in 1983 and kept in
          Mashad prison. On 22 June 1984, he was sentenced to 15 years' imprisonment by
          the Mashad court. Later he was transferred to Gohardasht prison, allegedly in
          a serious condition. Since 1988, his family have had no news about him.
          91. The Government of the Islamic Republic of Iran replied by letter of
          22 January 1991 that “Mr. Reza Arbadi had been sentenced to 25 years'
          imprisonment for his involvement in terrorist activities, but later on was
          pardoned since the prison authorities were pleased with his exemplary
          conduct. He was consequently released in 1988”.
          92. Mr. Yagoub Bahramy was reportedly subjected to repeated beatings in
          Ghasr prison.
          93. Mr. Asdollah Bayat reportedly was repeatedly beaten with cables in
          Ghasr prison, resulting in mental problems.
          94. In connection with these two allegations, the Government of the Islamic
          Republic of Iran stated, on 22 January 1991 that “there is no judicial record
          or conviction verdict available on Mr. Yagoub Bahramy and Mr. Asdollah Bayat
          and no document showing their imprisonment in the Qaser Prison”.
          95. Mr. Ardeshir Bonyani reportedly was arrested in December 1989 for
          refusing military service. He was reportedly beaten up and his jaw broken.
          96. Mr. Kainram onyani reportedly had distributed pictures of the late Shah
          and displayed the former Iranian flag in Valiahd Square and Pole—Seyyed
          Khandan. Reportedly, he had been arrested by the revolutionary guards at the
          house of a certain Mr. Misaghieh at Shemiran and taken to the Komiteh in
          Jamaran district, where he was allegedly tortured; as a result, his jaw and
          teeth were broken.
          E /CN. 4 / 1991/35
          page 25
          97. On the two preceding cases, on 22 January 1991 the Government stated the
          following: “According to the police department in Tehran, Mr. Ardeshir and
          Kainran Bonyani molested the wife of one of the inhabitants of Vali—Asr Avenue
          and on her complaint, they were arrested. These two individuals have previous
          records of theft and molestation of women. They were later released by
          acquiring contention of the lady and providing commitment not to repeat their
          98. Mr. Asian Fadavy reportedly suffered severe beatings at Evin prison.
          99. On 22 January 1991, the Government stated that “Mr. Asian Fadavy, who was
          imprisoned in Gohar—Dasht, had been released in 1988. He was arrested in 1983
          on terrorist activities and had been sentenced to 15 years' imprisonment. But
          due to his good conduct, he was pardoned before his term of prison was due”.
          100. Mr. Masood Farjad, an engineer, reportedly was tortured by security
          officers who allegedly used burning cigarette butts to inscribe on his back
          “death to opponents of Velayate Faghih” (religious guide).
          101. With regard to this allegation, on 22 January 1991, the Government stated
          that “there is no judicial record available on Mr. Masood Farjad. It is worth
          mentioning that based upon documents, the so—called People's Fadaeyan
          Organization of Iran, in a bid to provoke public opinion would have burnt the
          bodies of some of their members by cigarette butts and later published their
          pictures in their own newspaper. In this regard one of the members of this
          organization who confessed to have burnt himself with cigarette butts revealed
          the tricks of the organization through the mass media.”
          102. Mr. Navab—Ali Ghaem—Maghami reportedly was subjected to various forms of
          sexual abuse and psychological torture in Ghom prison. He was allegedly
          forced to watch other prisoners being tortured. Several times, his clothes
          were reportedly soiled with the urine and excrement of other prisoners.
          103. By letter dated 22 January 1991, the Government stated that
          “Mr. Navab—Ali Ghaem—Maghami has no judicial or conviction record. OEe
          governmental records show that no person of such name has been born in Qom.
          In addition, the municipality of this city has announced that no person of
          such name has lived in Qom.”
          104. Mrs. Tahere Hadadian—Zanjani, aged 53, reportedly spent more than
          five years in prison, partly in solitary confinement. As a result of being
          flogged on the soles of her feet with cables, and other kinds of alleged
          torture, she had to undergo surgical operations.
          105. On 22 January 1991 the Government stated the following:
          “Tahere }Iadadian Zanjani, who had been sentenced to 20 years' imprisonment for
          collaborating with and hiding terrorists, enjoyed clemency and is now free.”
          106. Ms. Soraya Haghshenas was reportedly ordered arrested by the procurator
          of Tabriz prison when she refused his sexual advances. In prison she was
          allegedly flogged and forced to witness other prisoners being tortured.
          107. Mr. Abmad Khanzamapour reportedly was imprisoned from 1981 to 1986 in
          Evin, Gohardasht and Ghezel—Hesar prisons. Despite the fact that he has
          epilepsy, he was allegedly subjected to different kinds of torture. In
          page 26
          particular, it was reported that he was beaten with cables, that his genital
          organs were connected to electric wires and that he was forced to witness
          other prisoners being tortured. Allegedly, the prison guards confiscated the
          drugs he needed to treat his epilepsy, and when he had epileptic fits, medical
          care was not provided except in the most critical situations.
          108. With regard to these two allegations, on 22 January 1991 the Government
          of the Islamic Republic of Iran declared that ‘ there is no judicial record on
          Ms. Soraya Haghshenas and Mr. Ahmad Khan Zamapoor.”
          109. Mr. Habib Maffi reportedly had his teeth broken by prison guards in
          Tabriz and suffers from severe mental problems as a result of torture.
          110. In the same letter of 22 January 1991, the Government stated that
          “Mr. Habib Maffi, who had been sentenced to six months' imprisonment for
          unintentional homicide while driving, collided into one of his inmates and
          broke his teeth; he also got injured on the face. He was later treated and
          was released after serving his term.”
          ill. Mr. Ebrahim Mozroii was allegedly unlawfully imprisoned and tortured. He
          reportedly filed a complaint with the authorities, but to no avail.
          112. Mr. Afrasiab Pakzadegan reportedly, on two occasions at Ghom prison, was
          tied to a chair while dogs were incited to attack him.
          113. Mr. Rahim Rahseparian was allegedly forced to perform various sexual acts
          in Tabriz prison.
          114. Mr. Mostafa Salehyar was reportedly sexually abused by four prison guards
          and was beaten on his genitals.
          115. Mohammad Reza Sedaghat, former manager at one of the Government offices,
          was reportedly in prison without any charge or trial, and reportedly suffered
          from torture many times, resulting in serious damage to his feet.
          116. On the five preceding cases, on 22 January 1991, the Government replied
          as follows: “There is no judicial records on Mr. Ebrahim Mozroii,
          Mr. Afrasiab Pakzadegan, Mr. Rahim Rahseparian, Moustafa Salehyar and
          Mohammad Reza Sedaghat.”
          117. John Pattis, citizen of the United States of America, has reportedly been
          held in Evin prison for four years. The prison doctors have allegedly stated
          that he is suffering from severe anaemia due to malnutrition, from weight
          loss, loss of hair and that his skin has a green hue.
          118. With regard to this case, the Government stated in its letter
          of 22 January 1991 that “Mr. John Pattis who was arrested on charges of spying
          served his prison terms like other inmates in a satisfactory condition. Loss
          of weight and hair are attributed by doctors to psychological stress resulting
          from failure in carrying out his espionage activities and his intolerance of
          his life imprisonment. His anaemia case due to malnutrition does not have any
          page 27
          119. Abmad Rashed—Morandi, 32 years old, was arrested in 1981 in Tehran and
          sent to Evin prison, where he allegedly was under constant torture. In 1983,
          he was sent to Ghasr prison at Tehran. Since 1989, the prison guards have not
          allowed any meetings with him. Since then there has been no news of
          Mr. Rashed—Morandi.
          120. On 22 January 1991, the Government stated that “there is no judicial
          record on Mr. Ahmad Rashed—Morandi.”
          121. Ms. Fatemeh Taati Asil was reportedly arrested in 1981 on the accusation
          of being a Mojahedin sympathizer. While in prison, she was allegedly
          subjected to torture, resulting in serious mental disorder. She was released
          in 1988, after six years' imprisonment.
          122. On this case, the Government indicated on 22 January 1991 that
          “Mrs. Fatemeh Taati Asil was sentenced to life imprisonment in 1981 for
          terrorist activities, involvement in plundering the wealth of the people,
          intimidating the people and indirect involvement in the assassination of four
          people. She was, however, released in 1988 due to her good conduct.”
          123. Jamshid Torabi, 37 years old, was arrested in 1982 and taken to
          Evin prison. There he was given a brief trial, reportedly without the
          presence of a lawyer for his defence. He was sentenced to an undefined
          period, from 15 to 17 years. Later he was transferred to Gohardasht prison
          where he was held until the spring of 1989, when he was transferred back to
          Evin prison. Allegedly, he has been severely tortured several times during
          his years of imprisonment.
          124. On this matter, the Government stated on 22 January 1991 that
          “Jamshid Torabi during the time of his imprisonment was never subjected to
          torture or harassment. He, however, declined to accept a defence lawyer,
          saying that since his crime was axiomatic, which he confessed, there was no
          need for a lawyer. He is now free and lives normally.”
          125. Ms. Mehrangiz Yeganeh was reportedly arrested in 1981 and charged with
          being a Mojahedin sympathizer. She was imprisoned for 2 1/2 years in
          Tabriz prison. It was asserted that in prison she was subjected to different
          kinds of torture and rape. Allegedly as a result of having been raped
          repeatedly, her intestines were damaged and she had to undergo a surgical
          operation. She was hospitalized for 18 months, first in the hospital of
          Tabriz prison and then in an ordinary hospital. It is alleged that she has
          not yet fully recovered.
          126. On 22 January 1991, the Government informed the Special Representative
          that “Mrs. Mehrangize Yeganeh who was active in supporting efforts of
          terrorist groups was sentenced to 15 years' imprisonment. She had been
          suffering from an ulcer before her arrest and underwent medical treatment
          during the time of her imprisonment. She is now free.”
          127. Since the publication of the interim report it has been reported that
          different types of torture, mainly flogging with whips or cables, suspension
          by the wrist, sleep deprivation and psychological torture including mock
          executions were being commonly applied in many prisons. Such methods of
          page 28
          torture were reportedly used in order to force detainees to confess to
          suspected of fences or to reveal information, in particular about the names of
          supporters of opposition political groups or the whereabouts of individuals
          wanted by the authorities.
          128. It was reported that in recent years no member of the security forces or
          no prison official has been brought to justice for torturing or ill—treating
          129. A former prisoner reported to the Special Representative that he had
          personally witnessed that a fellow prisoner had died as a result of an
          enforced blood transfusion; that he also saw prison officers pouring hot water
          on the face of another prisoner; and that he had witnessed the rape of young
          women by prison investigators. OEe witness requested that his name should not
          be revealed.
          130. Another former prisoner informed the Special Representative that she was
          tortured during her captivity at Evin prison between 1982 and 1987 and that
          torture marks still remained on the sole of her right foot. She also reported
          having witnessed the torture of Mariam Saghari and Ghodsi Hava—Keshian, two
          women who were allegedly executed in the second half of 1988. She also
          alleged that another fellow prisoner, Ms. Rafat Kholdi, had committed suicide
          after having been tortured by prison guards. OEe witness requested that her
          name should not be revealed.
          131. It has been reported that Mr. Kiomars Shahi was arrested in 1982 and
          imprisoned in Evin prison in Tehran. He was reported to have been severely
          tortured before his execution in May 1987.
          132. It has also been reported that Mr. Bahzad Naziri, aged 26, a former
          translater for AFP news agency, was said to have suffered flogging with flex
          over the soles of his feet for days at a time, while he was in prison in
          Tehran in June 1985.
          133. It was said that Dr. Abmed Danesh, a surgeon imprisoned since 1983
          because of his support for the Tudeh Party, was tortured and reportedly had
          witnessed others being tortured, before his execution in 1988 in Evin prison.
          134. It has been reported that Javad Rahmanian, a supposed political prisoner,
          was said to have been. severely tortured in October 1990 and denied visitation
          rights before his execution in Jalirom (Fars province).
          135. It has also been reported that Mr. Mohainmad Heydari was subjected to
          severe torture, including the flaying of parts of his arms and legs and
          burning of his fingers, before his execution on 19 November 1990 in Gachsaran.
          136. It was said that Mr. Mehdi Dibaj, who converted to Christianity
          some 25 years ago, reportedly has been in prison and systematically tortured
          since 1983 in Tehran, in attempts to force him to renounce Christianity and
          reconvert to Islam.
          137. It was also said that Mrs. Malek Taj Hakimi was said to have been
          tortured in prison. Her daughter, Soodabeh Sharifi, was 13 years old when she
          allegedly was forced to witness the torture of her mother.
          page 29
          138. It has been reported that Mr. Hassan Mojarrabi—Tabrizi was arrested
          eight years ago in relation to his activities in the Tudeh Party. Since then
          he has allegedly been subjected to physical and psychological tortures in
          Tabriz prison with negative consequences to his health. He is said to be held
          in section 9 of Tabriz prison.
          139. A number of allegations were also received concerning sentences of
          physical punishment which constitute forms of torture or cruel, inhuman or
          degrading treatment, prohibited under article 7 of the International Covenant
          on Civil and Political Rights. In this connection, reference was made to
          article 115 of the Penal Code prescribing that “... a man, while standing and
          his body naked except for a cover of his private parts, is whipped all over
          the body except on his head, face and private parts. A woman, however, is
          whipped while sitting with her dress tied to her body”.
          140. The attention of the Special Representative was also drawn to the law of
          Hodoud and Qesas . OEat law prescribes flogging for the following offences:
          adultery (articles 100-404), taking alcohol (articles 123—136), sodomy
          (article 152), lesbianism (articles 159, 164), pimping (article 168),
          Qazf (malicious accusation) (articles 176, 178, 187), fornication by a man or
          a woman who is not qualified as married (article 102) and drinking liquor,
          whether by a man or woman (article 131). Article 178 prescribes flogging for
          a discerning minor who maliciously accuses someone. It was further stressed
          that the Ta'Azirat provisions of the Islamic Penal Code contain more than
          50 articles prescribing lashing of up to 74 strokes.
          141. Reference was also made to the provisions of the law of Hodoud and Qesas
          calling for amputation of limbs and mutilation of other parts of the body
          (article Z18). In this connection, specific cases were alleged as follows:
          (a) On 6 February 1985, Mahmoud Karimi suffered the amputation of his
          fingers in Quasr prison;
          (b) On 7 February 1985, Naser Hosseinpour, Abdullah Hashemi and
          Bahram Ali Eftekhazi suffered the amputation of fingers in Quasr prison;
          (c) On 27 February 1986, four convicted thieves had the four fingers of
          their right hand cut off in Shiraz;
          (d) For the year 1989, nine cases of amputation for theft were
          reported. OEe number of cases of amputation reported for 1990 amounts to 12;
          (e) On 16 January 1990, Kayhan reported that in Ghasr prison in Tehran,
          four fingers were amputed from the right hand of a man convicted of theft;
          (f) On 18 January 1990, a convicted thief had four fingers of his right
          hand amputated in Tehran, after being sentenced by a court in Shahroud;
          (g) On 20 January 1990, the Iranian press reported that the four fingers
          on the right hands of two Iranians convicted of theft were amputated in
          Bakhtaran. The sentences were reportedly carried out in front of a crowd
          after the Friday prayer service;
          (h) Jomhouri—Islami newspaper reported on 9 May 1990 that three persons
          accused of theft had their fingers amputated in Ahwaz.
          page 30
          D. Administration of justice
          142. It has been reported that, although the Administrative Regulations
          Governing the Revolutionary Courts and Public Prosecutor's Offices stipulate
          that an Islamic revolutionary court should be presided over by a religious
          judge and that it should be composed of as many as five members, in practice,
          such courts have consisted of only one judge discharging his duties in a
          sununary fashion. Allegedly, hearings before such courts have in many
          instances been a matter of minutes only.
          143. It has also been reported that trials before Islamic revolutionary courts
          have usually taken place in secret, sometimes inside prisons, that defendants
          have not enjoyed the right to be represented by a lawyer, and often have not
          even been made aware that the proceedings were in fact a trial and not an
          interrogation session.
          144. It has been reported that prisoners may be held in indefinite pre—trial
          detention. OEe principle of presumption of innocence is allegedly not
          respected, particularly when the subject is accused of being a member of an
          armed opposition group. It was said that lawyers generally do not accept
          cases of such a nature in order not to be suspected of being armed opposition
          sympathizers themselves. OEe absence of lawyers in political trials has been
          considered as one major shortcoming in the procedures of revolutionary
          courts. Others were said to consist in the denial of the right of the accused
          to call witnesses in their own defence, and in the absence of the right of
          appeal against verdict and sentence. In this connection, it may be recalled
          that, during his first visit, the Special Representative was informed by the
          President of the Supreme Court of Justice that the right of appeal is
          recognized and that no exception is made in cases under the jurisdiction of
          the revolutionary courts. However, article 11/2 of the Administrative
          Regulations Governing the Revolutionary Courts and Public Prosecutor's Offices
          precludes the possibility of any revision being made to the judgements of
          Islamic revolutionary courts. (For the explanations received from the
          authorities in this regard, see para. 401).
          145. It was also said that, in the proceedings of revolutionary courts, the
          requirement for adequate time and facilities for the preparation of a defence
          is generally not met. Reportedly, during the period of investigation, persons
          to be tried before revolutionary courts have frequently been held in solitary
          confinement and incommunicado and have not been informed sufficiently in
          advance of the date of their trial. It was further alleged that in practice
          the Islamic revolutionary courts give greater priority to handing out
          exemplary punishments than to ensuring that the accused receive a fair trial.
          146. Other reports alleged disregard of court sentences by arbitrary extension
          of the terms of imprisonment, execution of iflmates sentenced to life or
          imprisonment of various durations or rearrest of persons who already completed
          their prison terms.
          E/CN.4/ IP / .MO/
          page 31 E s aq
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          Ozt $31T9i11e i bxL . ,:. .
          ei i o ett Sf Jtj i ii officjals or judicial authorjt:Les has . th i ht
          8Q1 ntk I 8tl We 4 f :the court. OEey cann t increase .: t decreaS . othe
          *h emse1ves.” . : . .1- :;
          9(bom a'iIernA o..
          d dL 1& J nuary 1991, the Government informed the
          the following provisions regarding the rights to
          legal counsel in all courts had been adopted by the Iranian Parliament:-
          cd ‘t3i g A'xLti te — The parties to a lawsuit have the right to appoint
          1 I:iZ:tcc xise]. and all the courts including the Legal, Penal, .
          Revolutionary, Military, the Special Courts for the clergy and others are
          ldL liged to receive counsel in all stages of interrogation and court
          proces; .
          •2f tt i le 1 — Failure to comply with the provisions of IIe b dmun
          article for the first time shall be punishable acco-rdiiig to th b 1 T
          degree of disciplinary punishment and for the second time, the dismissal
          post. If a court denies the right of a partyto a bi*i Ja
          presence of the latter issues its verd ct I h bl
          ei d?i a in ul1 and void; br :: iioi w b1e I
          a as 13.LLdLrq b9II 3 S . . .. ; iS edi
          av - .E1 g i .:counse1 in its po o defe -g
          1c t jc rs tall .th it ur ahd privileges which re:acc rded . rd qa
          : v i j al authOrit s z'!., - ., bI9rI 1sJ i
          E/CN.4/ /4.MO/
          page 32 IE e sq
          diA b ozt I tad itI ad1 qL Q t.is ck 1g 9.t a . 41
          o1 a 1 III or e i oth iew 11a ei1 1 t1 , ib i y
          with instructions given by 9 xs '
          General Committees Command, since the entry into force of a new law against
          dri*1 IIn o r W ri i q 4d ts dia xJ rii 1 l* ltVg
          f J % s di %Se2 2 3 5 IIIIi %
          Acc *ii1g vj4 , 1 a o l ai n O r 99Q 6 j J a
          ;wr e iof $n e
          JioZ4 n a r El t d* 33 Jx e I I
          aiid pij st e izs M jy 3Iee i arrested dii iJ fl ti l r 5 wsI
          all had been s o ifii i&k W zi1ities.
          o2 2ns so so brrs 23.rbisV ed2
          o D et ck i % w report , the Sp i . R g eJ1 t f ej js ent ion
          t b senc of judicial or o Y twiI r IM
          detetn gz j ess . ::ws sa:id that members of tJ e
          the police, the gendarmerie, the Islamic Revolutionary Guar4 c ifis 2
          Islamic Revolution Committees and agents of the Ministry of Intelligence
          ar 4:detain persons, often only jux li4 'ctive
          convict s spi orks a d in cases of
          the arrested j1jg1 efore
          a dfi ci l 0 ty shortly after arrest and
          ca JJa e not been informed of the offence for whic eIb res ted.
          jfl IV 9O9 92 Z
          Representative has been
          cas ged irregul%rities in the admi$gt ra $ f were
          follows. nii eq s saoiIi
          o is 2 oa (ioubnoo
          152. Ms. Mitra Ameli, aged 36, widow, medical doctQr and
          Aghdas, was reportedly arrested on 9 October 1984 and sentenced to
          : irearsY imprisQument. Her husband, of the
          e 4 4:qf the Organization of Iranian Peopi 1983
          and executed in 1988. Her daughter, Khatereh,i lti 4 goitcpi risj
          30 March 1984. On 28 April 1984, the child was given to Mitra Anieli's mother
          for care outside the prison. It was reported that s Aa j s b s 4 fin
          i 9Q, had been made contingent upon her publicly
          her late husband. i llO3 us rr. Isaiwoo 1a 91
          153. On this allegation, the Government of the Islamic Rej by
          letter dated 22 January 1991, stated that “Mrs. Mitra Ame11 ,d ge ot1 i1
          terrorist activities, and collaborating with her husband, :
          Mr. Anoshiravan Lotfi, in armed operations to create intimidatioi a 1zpublic
          terror was imprisoned. She was released in 1990 before her term o q
          imprisonment was due. Her husband was sentenced to death because he led a
          numb : a ed operations and was involved in antunber of as:aaa tj is.
          Th i d$ct was carried out.' 1
          o s sb
          l ' cM Roger Cooper, British, aged 55, businessman, was re i tedlyic rested
          I & c mher 1985, apparently for overstaying his visa e1wa Ia egeL1ly
          held without charges and was refused any consular visi tib. A i 986.
          During the early months of his detention he was described publicly as a
          Bri II po-rhr*yed in a television int iew-aa e nfe a g,att vague
          spying rge$.T However, no charges have ever be ir.anuo un ced and pi lic
          trial held Consular access has allegedly been inadequate. He has 4eived
          E / CN .4 / 1991 / 35
          page 33
          only six consular visits from members of the British Interests Section and
          four from members of his family since his detention. His right to send and
          receive mail has reportedly been seriously limited, although this is said to
          have improved in recent months. Rumours were reported according to which he
          had been sentenced to two terms of imprisonment on spying charges, with the
          result that he would not be eligible for release until about 2003.
          155. On this case, the Government stated on 22 January 1991 the following:
          “Based upon undisputable evidence, and his own confession, Mr. Roger Cooper
          during his stay in Iran before and after the Islamic Revolution, was involved
          in espionage activities. His case is under study in the court. OEe reason
          for prolongation of this process can be attributed to the fact that he had
          committed other crimes in addition to espionage. All the requests made by the
          Embassy or the interest section of the United Kingdom in Iran with respect to
          visits by the counsel or his family has been agreed upon. Based on his legal
          right he has so far written quite a few letters to the members of his family
          and his friends and in addition he has written articles in the Iranian press.”
          156. Jamshid Fadec was reportedly executed in the city of Masjed Solaiman
          after four months of imprisonment and without a trial. During his time in
          prison his family was not permitted to visit him.
          157. Mehrdad Fadec was reportedly executed in the city of Masjed Solaiman
          after four months of imprisonment and without a trial. During his detention
          his family was not permitted to visit him.
          158. On these two allegations, the Government of the Islamic Republic of Iran
          replied, on 22 January 1991, that “no judicial record is available on
          Mr. Jamshid and Mehrdad Fadec. According to the police department of the city
          of Masjed Solymanan an individual named Jamshid Fadakpoor who attempted with
          two others an armed robbery of one of that city's banks was killed by security
          159. Mr. Saeed Firooz, accountant in the Office of the Justice Ministry in
          Tonekabon. It was reported that on 3 December 1989, 10 Guardians of the
          Islamic Revolution went to his house, took away some of his private documents
          and intimidated his wife and children. Later in the day, two Guardians of the
          Islamic Revolution came to his office and took him to Nashtaroud prison,
          blindfolded and handcuffed. The Guardians told him that his arrest warrant
          had been issued by Mr. Ramazanipour, Public Prosecutor of the
          Islamic Revolution in Tonekabon. In prison, Mr. Flrooz was asked to sign some
          prepared texts incriminating certain officials of the Justice Ministry and
          secular judges in Tonekabon who had sentenced some Guardians of the
          Islamic Revolution to death for having carried out assassinations. Mr. Firooz
          refused to sign the papers and as a consequence was allegedly tortured. His
          wife reported the matter to the Office of the Inspectorate General at Tehran.
          Two inspectors came from Tehran and reportedly confirmed that the prison
          authorities had tortured Mr. Firooz and other prisoners. However, later the
          inspectors returned to Tehran as a result of pressure exercised by higher
          religious authorities without concluding their investigation. When
          Mrs. Firooz tried to pursue the matter in Tehran with the Office of the
          Inspectorate General, Guardians attacked and confiscated her car. Mr. Firooz
          subsequently managed to escape from prison.
          page 34
          160. On this matter the Government stated on 22 January 1991 that “no judicial
          record is available on the arrest of Mr. Saeed Firooz. It has been also
          clarified that any record of such a person has not existed in the justice
          department of the city of Tonekabon”.
          161. Ms. Hura Fuladpour, aged 38, married, teacher, daughter of Ghasem and
          Sedigheh, was reportedly arrested in February 1983 in Tehran and sent to
          Evin prison. She has allegedly not been informed of the reasons and duration
          of her imprisonment.
          162. On 22 January 1991, the Government informed that “Mrs. Hura Fuladpour was
          arrested on charges of operating terrorist activities and was consequently
          sentenced to imprisonment. She has served her term and is now free”.
          163. Ms. Zohreh Gaeni, aged about 35, widow, high school teacher and editor of
          a young women's newspaper of the Youth Organization of the Tudeh Party,
          Azarakhsb , was reportedly detained as she was going to a meeting at the
          Party's offices in Tehran in early 1983. Her husband, Mr. Kiumars Zarshenas,
          and another 50 people were arrested on the same day. For about six months
          after Zohreh Gaeni's arrest, there was no news of her whereabouts and no one
          was able to see her. Subsequent to televised confessions by several
          Tudeh Party leaders, she was able to telephone her family. Two or three
          months later, the authorities at Evin prison notified her family that they
          would be permitted to visit her once every two weeks. She was allegedly not
          tried until about 3 1/2 years after her arrest. Her trial reportedly
          consisted of her being brought before a mullah who sentenced her to
          eight years' imprisonment. This sentence was to run from the date of trial
          and did not take into account the period of pre—trial detention. OEe precise
          charge against her is allegedly still not known. Reportedly, she was told by
          the prison authorities that she must divorce her husband, as he was a
          communist and an atheist. She refused to comply and her husband was executed
          in autumn 1988. During the time of the Government of the Shah, Ms. Ghaeni
          spent 1 1/2 years in prison as a result of her political activities.
          164. On this allegation, by letter of 22 January 1991 the Government stated
          that “Mrs. Zohreh Gaeni was arrested on espionage charges along with her
          husband and was imprisoned. She is now free.”
          165. Ms. Fatemeh Izadi, aged approximately 40, widow, medical doctor, was
          reportedly a political prisoner under the Shah's r gime and was again arrested
          in February 1983, at the same time as her husband, Mr. Fariborz Salehi, for
          activities in support of the Organization of Iranian People's Fedeyan. Her
          husband was executed in 1988. She was sentenced to 20 years' imprisonment
          after a summary trial. While in prison, she allegedly contracted tuberculosis.
          166. Ms. Manijeh Riazi, aged 36, married, student, daughter of Jaber, was
          reportedly arrested in June 1981, sent to Evin prison and sentenced to
          two years' imprisonment. At the end of the two years, she was again
          questioned but not released. She has allegedly not been told why and how long
          she must remain in prison. ,
          El CN .4/1991/35
          page 35
          167. Ms. Malekeh Mohammadi, aged about 65, widow, journalist and editor of the
          Tudeh Party newspapers Mardom and Donyp , was arrested in April 1983, along
          with Meriain Firouz, and sentenced to death, but the sentence was later
          commuted. The charges on which she was convicted are unknown. She was
          married to Mohammed Pour—Hormozan, a leading Tudeh Party figure, who was
          executed in the autumn of 1988.
          168. Ms. Faezeh Sabetjahromi, aged 33, married, student, daughter of Fathali
          and Ehterain, was reportedly arrested in 1983 in Hesarak, Karaj, with her
          six—month—old son. The child was in prison up to school age.
          Ms. Sabetjahromi was sentenced to 10 years' imprisonment. She is the wife of
          Mr. Ebrahim Avakh, leader of the Organization of Revolutionary Workers of Iran.
          169. Ms. Fatemeh (Zobreh) Sedigh Tonekaboni, widow, teacher, reportedly spent
          over five years in prison during the Shah's Government and had been released
          at the time of the revolution. She was rearrested in 1983. It is not known
          whether she has been tried or sentenced since then.
          170. Ms. Fatemeh Hosseinzadeb Tussi Moghadam, also known as Giti Azareng, aged
          about 40, widow, employee of an insurance company, was reportedly arrested in
          April 1983 with her two—year--old son, who was imprisoned with her but later
          released and handed over to relatives. She was sentenced to 13 years'
          imprisonment, apparently for having links with the Tudeh Party. Her husband,
          Saeed Azarang, was executed in the latter part of 1988.
          171. On the six allegations described above the Government informed the
          Special Representative on 22 January 1991 that “Mrs. Fatemeh Izadi,
          Manijeh Riazi, Faezeh Sabet Jahromi, Fatemeh Sedigh Tonekaboni, Malekeh
          Mohammadi, Fatemeh Nosseinzadeh Toosi Moghadam, have all served their prison
          terms and are now free.”-
          172. Mahmoud Hassani was reportedly sentenced to seven years' imprisonment and
          executed shortly before completion of his prison term.
          173. Mahin Jahangiri, 26 years old, was reportedly imprisoned in 1981 in
          Semiron. After approximately 35 days in prison, she was allegedly executed
          without trial. :
          174. Mohammed Gholi Jahangiri, 24 years old, was imprisoned in 1981 in
          Semiron, and allegedly without any trial, was executed after 35 days in prison.
          175. Mr. Andr Houshang Kamrani was reportedly arrested in 1984. In 1986 he
          was sentenced to 30 years' imprisonment. Since 1988 he has not been allowed
          to receive visits. His present whereabouts are unknown.
          176. Mr. Mohammad—Taghi Rahimpour, assistant lieutenant in the army, was
          reportedly arrested in 1981, allegedly because the Guardians of the
          Islamic Revolution were unable to arrest his wife, Ms. Zahra Noun, accused of
          being a Mojahedin sympathizer. In 1982, he was sentenced to life imprisonment
          in a summary trial which reportedly lasted five minutes. ,
          177. Mohaminad Reza Sedaghat is reportedly being held in prison without any
          charge or trial.
          page 36
          178. On these six allegations, the Government stated on 22 January 1991 that
          “No judicial record is available on Mahmoud Hassani, Mahin and Mohainmaed Choli
          Jahangiri, Amir Hooshang Kamrani, Mohammad—Taghi Rahim—pour and
          Mohanunad Reza Sedaghat.”
          179. Seyed Mehdi Nasry, 64 years old, has reportedly been detained
          since 24 April 1988 without any charge or trial, allegedly because his son was
          a Mojahedin supporter.
          180. Mehdi Vosooghian was reportedly arrested in 1985 and sentenced to
          four years' imprisonment. After the first year he was tried again and
          convicted for 12 years. In June 1988, he was reportedly executed.
          181. On the two preceding cases the Government replied on 22 January 1991 that
          “Seyed Mehdi Nasry and Mehdi Vosooghian, whose names had been in the previous
          list of the Special Representative as having been executed, have no judicial
          182. Au Reza Rajai, born in 1957, was reportedly executed in 1989 after
          six years' detention in Evin, Gohardasht and Ghezel—Hesar prisons.
          Reportedly, be had been sentenced to only five years.
          183. On 22 January 1991, the Government stated that “Au Reeza Rajai is now
          184. Sussan Hosseinzadeh—Arabi, born in 1962 in Rasht, was reportedly detained
          on 15 September 1981 and executed in the city of Rasht on 14 September 1989,
          allegedly without any trial.
          185. Subsequent to the interim report the Special Representative has received
          communications regarding the following persons who were said to have been
          detained at some point and whose situation was unclear. He therefore
          requested the Government to inform him about their fate and/or whereabouts:
          Ms. Betty Akbarnia, Mr. Davoud Mir Rahimi, Mrs. Zainani, Mr. Jafarpour,
          Mr. Ahmad Roudaki, Mr. Khalil Ghiassi, Mr. Davoud Mozafar,
          Mr. Mohammad Aminalreaya, Mr. Nader Afahari, Dr. Assadi,
          Mr. Manouchehr Motahari, Mr. Norouz Naghizadeh, and Mr. Ahmad Bastan.
          E. Freedom of opinion. expression . press and association and
          right to peaceful assembly
          186. It has been reported that the Government continuously intervenes in the
          free flow of information in the form of letters, telegrams, telexes and
          telephone conversations. In this connection it was alleged that a large
          number of disabled veterans have been hired and placed in the communications
          offices throughout the country to monitor telephone conversations between
          citizens. Letters coming in and going out of the country are allegedly
          routinely opened.
          187. On 22 January 1991, the Government stated that: .
          “as stipulated in article 25, of the constitution of the Islamic Republic
          of Iran, the following actions are prohibited: Opening or failure to
          deliver letters; taping or disclosing personal conversations; disclosing
          telex or telegraph; censorship and eavesdropping; no organ affiliated
          E /CN. 4 / 1991/35
          page 37
          to :he :saniic Republic of Iran has the right to resort to the
          bcve—m&ntioned acts and the violator will be pursued judicially. As a
          :esul there 5 s no foundation in this allegation. As there is no need
          Tor physical capability for jobs as operator in telecormnunication company
          or :elephc.ne centres of organizations and government offices, the
          (overonent—affiiiated organs have been encouraged to employ disabled
          Lndividuals as operators on a humanitarian basis.”
          1 8. :t has also been reported that printing house are required to obtain the
          prior formal permission of the Ministry of Culture and Islamic Guidance for
          all publications and that printing paper is attributed by the Ministry only to
          those publishing houses whose publications have been approved.
          189. On this matter, the Government stated, on 22 January 1991, the following:
          “As indicated in articles 23 and 24 of the Constitution, inquisition
          is illegal. OEe press accordingly are also free to publish unless what
          they print prejudices the Islamic tenents or public rights;
          “The Ministry of Islamic Culture and Guidance has, therefore,
          invited printing houses to consult with this Ministry prior to their
          publication in order to prevent the appearance of such articles. OEe
          allegation should thereby be rectified.
          “In relation to provision and distribution of printing papers in the
          country, some points need further elaboration:
          “(a) As the result of the imposed war and the current process of
          reconstruction of the country, the Government is not financially in a
          position to provide all the hard currency needed to import papers. It
          has therefore been obliged to allocate limited foreign exchange for
          governmental and co—operative sectors;
          “(b) OEe foreign exchange has three rates in the country: official,
          export rate and free rate. OEe official rate is determined by the
          Government. The. export rate is set on the basis of export of goods and
          the free rate is determined by the market;
          “(c) The merchants are free to import printing papers by foreign
          currency at the export or free rate and the problem has been reduced a
          great deal in the past two years;
          “(d) A limited amount of printing paper is provided by the
          Government to all newspapers publishing legally and the rest should be
          provided by the papers themselves. The writers and publishers can
          request paper and they will receive it when their turnn is due. OEe
          allegation should be rectified accordingly.”
          190. On 27 June 1990, 9 July 1990 and 8 October 1990, the Special
          Representative sent letters to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva expressing concern
          about reports received according to which a number of co—signatories of an
          open letter which Mr. Mehdi Bazargan, Prime Minister of the first provisional
          Government of the Islamic Republic of Iran, together with 89 other persons,
          ,CN . llU9L 35
          page 38
          cent r ia ressed co t ie ? es dent of the epubiic, ad oeen a sted. The
          names of ;he oletained co—signatories of IIe open letter were given as
          follows . Abdol Aft Bazargan ‘ son of Mehdi. 3azargan), zatollah Sahabi (former
          Director of L'lanning and udget) , aeza Sadr former Minister of Trade),
          Russein Bani Assadi (former T .ce—?r.me Minister), Shams hahshahan . former
          ?rosecutor of Tehran), Nour Aia. Tabandeh awyer and former 1iL e--?1inister of
          Justice), Yadoilah Chamse Ariallaa, Aft Ardalan, Rochan rialan..
          Farhad Behbahani, IIbas OEaem abahL OEossro Mansourian. lashem abaghian .
          zatollak :Iamede 3ahabi , ok tam*Aad TavassoiL. ? kbar Zarrinehbaf, M . aabib
          Davaran. Mr. Naim Pour, Mr. . mir Tavakoi. Ebrahimi, Mr. !iosse!n 3hali—aosseini ,
          Mr. Nezamedine Movahed, Mr Mabmoud Maleki, Mr. Hormoz Momayezi, Mr. Said
          Sadr, Mr. Hamid Sadr, Mr. OEo5row Parsa, Mr. Abmad Shayegan, Mr. Mabmoud
          Habibi, Mr. Shahin Parsa, Mrs zar Sadr Mr. Abedi .Rahim,
          Mr. Ghaemossabahi—Abbas. Mr ckta qabib,, Mr. orgi Ui nd Mr. haravi
          Asghar. Particular concern as expressed over a televised ‘confession” by
          Mr 0 Farhad Behbahani. a member of the dissolved Association for the Defence of
          Freedom and Sovereignty of the Iranian Nation, in which he reportedly admitted
          connections between the association and foreign Governments. In this
          connection, the Special RepL 2sentative wishes to emphasize that such
          extrajudicial confessions are contrary to internationally recognized standards
          of lue process. The Special Representative requested the Permanent
          Representative of the Islamic Republic of Iran to provide him with information
          about the arrest of these persons, the charges brought against them and about
          the Association for the Defence of Freedom and Sovereignty of the Iranian
          Nation, which had allegedly been dissolved as a consequence of the open
          letter. The Special Representative requested assurances that any persons
          arrested in the above context would receive humane treatment while in
          detention and benefit from all procedural safeguards provided for in the
          International covenant on Civil and Political Rights.
          191. By letters dated 11 and 22 January 1991, the Government of the Islamic
          Republic of Iran replied that Reza Sadr, Ezatollah Sahabi. Farhad Behbahani,
          Abbas Ghaem al—Sabahi, Mahmoud Naimpour, Nour Ali Tabandeh and
          Hossein Shah—Hosseini were released on 10 December 1990. It added, with
          regard to the other detainees, that the Special Representative would be
          informed of the outcome of the judicial proceedings. The Government further
          stated the following:
          ‘Mr. Rochan Ardalan, Yadolah Chamse Ardalan, Mahmoud Beigy,
          Khosrow Parsa, Abmad Shayegan, Mabmoud Habibi, Saeid, Hainid Sadr,
          Mrs. Shakizn Chaloosa, Mrs. Azar Sadr, are not among those arrested [ as]
          indicated in above paragraphs” ... “ [ a] few members of the ‘Freedom
          Movement of Iran' and the ‘Society for the Defence of Freedom and
          Sovereignty of Iran', due to the seriousness of their charges compared to
          others, were arrested by the court order. They are under interrogation
          and the court will be held in the near future. A number of these
          individuals were freed after completion of their interrogation. Any
          allegation with regard to maltreatment, torture etc. of the inmates,
          especially on the aforementioned ones, are vehemently denied. On the
          personal request of Mr. Farhad Behbahani, and according to the rules and
          regulations of the voice and vision of the Islamic Republic of Iran an
          E /CN .411991/35
          page 39
          interview was set by Mr. Behbahani to inform people of the miachieves and
          wrongdoing of the above—named groups. Since these two groups requested
          that their members participate in a television interview and respond to
          issues raised by Mr. Behbahani, the voice and vision of the
          Islamic Republic of Iran expressed its readiness to co—operate through
          public notice”.
          192. Upon completion of the present report, it was further alleged that
          Mr. Abdolali Bazargan and Mr. Mohaminad Tavassoli Hojati are currently being
          subjected to considerable pressure and possibly torture in order to give
          televised confessions. Mr. Bazargan was said to have received only one visit
          from his family since June 1990 and Mr. Tavassoli has reportedly not been
          allowed to receive any visits since his arrest. The Special Representative
          wishes to recall that he had asked to meet these two prisoners during his
          second visit to Tehran but his request was not granted.
          193. With regard to the persons recently set free it was reported that their
          release was granted conditional on the payment of bail. Friends and relatives
          of the released reportedly had to pledge their business licencea or
          real estate valued at between 1 and 3 million Tomans for one bail. OEe
          released allegedly also had to promise verbally or in writing not to divulge
          information about their detention and the treatment in prison. On
          8 January 1991 some of the released persons were reportedly summoned by
          attorneys of the revolutionary court at Evin prison for further interrogation.
          194. The Special Representative has received no information about the current
          situation of Mr. Shams Shahshahani, Mr. Au Ardalan, Mr. Khossro Mansourian,
          Mr. Hashem Sabaghian, Mr. Akbar Zarrinehbaf, Mr. Habib Davaran,
          Mr. Nezamedine Mov hed, Mr. Mahmoud Maleki, Mr. Hormoz Momayesi,
          Mr. Said Sadr, Mrs. Shahin Parsa, Mr. Ghaemossabahi—Abbas, Mr. Yekta Habib,
          Mr. Gorgi Au and Mr. Gharavi Asghar, who were said to remain in detention.
          On the other hand, unofficial reports were received that Mr. Hussein Bani
          Assadi, Mr. Abedi Rahixn and Mr. .Aniir Tavakol Ebrahimi were released on
          4 January 1991. Dr. Bani Assadi was reportedly also summoned to appear before
          a revolutionary attorney on 8 January 1991.
          195. Additional names of persons from three provinces allegedly arrested as a
          consequence of the open letter were reported as follows: Dr. Gharawi, from
          Isfahan, Mr. Au Gorij, from Mashad and Mr. Yekta, from Tabriz.
          196. On 1Z July 1990, the Special Representative heard the testimony of
          Mr. Aboulfaz Khorassani Nejad, who said he was a political science graduate
          and a reporter for an evening newspaper. lIe said that his journalistic
          activities had caused him serious problems; on the one hand, his articles were
          often censored or not printed and he was not entirely free to practise his
          profession. On the other hand, because of his articles, he received many
          letters containing threats from the Mojahedin, which considered him a
          collaborator of the Government without realizing that his articles were often
          rewritten. In 1981, he and his wife were assaulted by two individuals armed
          with revolvers who shot at them. As a result of that attack, his wife died.
          197. Many press reports, publications of opposition groups abroad and reports
          from Iranian sources told of clashes between demonstrators and Pasdaran on the
          outskirts of Shiroudi Stadium in Tehran. The incidents were apparently set
          E / CN .4/1991 / 35
          page 40
          off by the cancellation of soccer gaines and the fans protests turned into
          political protests. The people demonstrating shouted their opposition to the
          Government and hurled stones at cars and buildings. Official sources
          acknowledged the arrest of some 30 demonstrators and added that they were
          released after interrogation. ilowever, information from other sources accused
          the Revolutionary Guards f 3hcoting into the crowd indiscriminately in
          addit or . to arresting nany demonstrators and added that 10 person; died in
          those incidents and were secretly buried in unmarked graves in Behesht—Zhara
          198. On this incident , the overnment of the Islamic Republic of Iran state
          on 22 January 1991 the following:
          In early i 9G, some clashes occurred among the fans of sos socc .
          :eams in Shahid Shiroodi and zadi ;tadiuit in ehran. Calm rne:I
          alter the agents o 1 aw and crcer interfered. In this regard- e
          points ;houl oe s ent on d
          aa natural oheno enon tnat in almost eve ry count:::
          claszu s take pia off ana on aoiorL tne fans of soccer teams;
          :) OEese ciashes coincided with tae release of the report o t
          first visit padd dy tIIe ecial Representative of the C cc.
          1uman Rights, As a resnit, the groups hostile to the I;lam c ublic
          sought to overexaggerate those incidents in order to divert p tlic
          opinion froia the 1t of such visit. At that tir e tw grcup , nanel;
          Deraf she Kaviani and Mojahedin Khalq Organization, claimed that those
          groups are totally against one another and this clearly sk ows tde
          had no political motivation;
          (c) As the r su1t of IIe clashes mentioned above, scc e people hat.
          minor injuries [ inflicted by ‘eapcns other than fireari s ;
          The security force; p: nt .1 x ansicc of t]i olash r : and a
          result nobody was ki1l d
          199. On 17 April 1990, the of London printed a ccb fro Tehran say
          that the police had arrested 55 p o le in th northe quarter of Tahoan
          because they were shouting political slogans and disturbing public order. Td
          same dispatch told of the arrest of a group of alleged hooligans attending tr
          funeral of Arefz Valizadeh , who had been killed by the police on Monday,
          16 April, when they tried to arrest him.
          200. With regard to these facts, on 22 January 1991, the Government stated
          that “Arefz Valizadeh was a merchant of illicit drugs and was involved in
          blackmailing people in the south of Tehran. The security forces on the
          verdict of the court tried to arrest him but he was killed in armed
          confrontation. An officer was also injured. Some of his friends sought
          revenge, by intimidating the public. They were arrested and after providing
          undertakings were re1eased '.
          page 41
          201. The National Resistance Movement of Iran announced that
          Mr. ShaDcur Bakhtiar had called for peaceful marches along the main avenues of
          all Iranian cities on Friday, 18 May, from 10 a.m. to noon to demand that the
          Government hold free elections under United Nations supervision. On
          19 May 1990, Mr. Shapour Bakhtiar informed the Under—Secretary—General for
          Human Rights that peaceful demonstrators who had responded to his call to
          march for free elections had been attacked and beaten by groups supporting the
          Iranian r gime although they had not shouted slogans of any kind.
          202. In reply to this information, on 22 January 1991, the Government stated
          that “the so—called National Resistance Movement of Iran, has claimed that
          people had gathered around Tehran University demanding free elections. It
          should be noted that on that day, which was Friday, people converged at
          Tehran University for congregational Friday prayers as usual, and therefore
          nothing unusual took place to warrant any arrest. The allegation embodied in
          the above paragraph has no foundation whatsoever”.
          203. On 19 February 1990, Kayhan International published a report that the
          Ministry of the Interior had authorized three political parties and
          associations to function: Hedayet—e—Islaxui (Islamic Guidance), headed by
          Darius Zargari Marandi; the Islamic Association of Graduates of the
          India—Pakistan Subcontinent, whose president's name was not given; and the
          Society of Zoroastrian Priests, headed by Ardeshir Azarghoshasb.
          204. In several Iranian newspapers extensive reference was made to the
          elections held on 8 October 1990 for the second term (eight years) of the
          Assembly of Experts, the highest constitutional body in the Islamic Republic
          of Iran. The Assembly of Experts is a group of 83 religious scholars of
          standing whose constitutional duty is to choose the leader of the State or
          dismiss him as provided for in the constitution. On the same day, elections
          to the Majlis, (the Parliament) were held in Tehran, Kordkoy (Mazadaran
          Province) and Fouinan (Gilan Province).
          F. Freedom of movement: right to leave one's country and to return
          205. It has been reported that the Government is maintaining a computerized
          list of nearly 35,000 names of Iranian citizens who are forbidden to travel
          abroad. OEose Iranians allowed to travel abroad have to pay heavy exit duties
          and passport fees in addition to airport tax. The reported amounts are as
          follows: exit duties, $t.rs 625; passport fees, $US 275; airport tax,
          $US 2,500. A person leaving for a second time during a calendar year is
          reportedly obliged to pay double the amount of exit fees. Travel agencies,
          when issuing tickets, are reportedly required to register the travellers' name
          and address, their destination and place of sojourn, and to report it to the
          security authorities.
          206. On this matter, the Government stated, by letter dated 22 January 1991,
          that “according to article 41 of the constitution, the courts can only prevent
          citizens to leave the country. This is done merely on the basis of complaints
          filed by legal or private persons. This procedure of course requires certain
          complicated regulations. While denying the allegations in the above paragraph
          it should be said here that the Government does not prevent any of her
          E/CN.4/l991 1 1 5
          page 42
          citizeus to leave the country since it is the natural right of everyone.
          Thousands of people daily leave or enter the country; of course, the
          Government has levied exit taxes for everyone but the fees indicated in the
          above paragraph are not correct's.
          207. The Special Representative has received the following complaints of an
          individual character:
          (a) Bah.ieh Shahidi, 75 years old, housewife, In August 1988. while
          departing Mehr Abad for the United States of America, she was reportedly
          prevented from boarding the aeroplane. Her passport was confiscated under the
          charge of being a Baha'i, irrespective of the fact that in her passport
          application he had declared l erself as Moslem. She was allegedly told by the
          authorities that she would be permitted to leave the country if she was
          willing to sign a statement that she.was not a Baha'i. She signed such a
          statement, but the confiscated passport was never returned to her an she was
          not permitted to leave the country. All her children are living in the
          United States of America;
          (b) Reza Hadipanah, Iranian resident in the United States of America,
          sent his passport for renewal to the Iranian Interest Section at the
          Algerian Embassy in Washington, D.C. in November 1984. lIe received a letter
          from the Interest Section stating that his passport had been confiscated
          because he had participated in anti—government protests.
          208. By letter of 22 January 1991, the Government stated that
          Mrs Bahieh Shahidi and Mr. Reza }ladi—Panah, according to passport department
          of the national police of the Islamic Republic of Iran, have no impediment to
          leave the country. The allegation of the above paragraph is therefore
          baseless t '.
          C. Allegations of intimidation or reprisal
          209. In its resolution 1990/76, adopted on 7 March 1990, the Commission on
          Hwnan Rights condemns all acts of intimidation or reprisal, in whatever form,
          against private individuals and groups who seek to co—operate with the
          United Nations and representatives of its human rights bodies, or who have
          sought to avail themselves of procedures established under United Nations
          auspices for the protection of human rights and fundamental freedoms. It
          further requests all representatives of United Nations human rights bodies
          reporting on violations of human rights to the Commission or to the
          Sub—Commission on Prevention of Discrimination and Protection of Minorities,
          in the exercise of their respective mandates, to take urgent steps, in
          conformity with their mandates,, to help prevent the occurrence of intimidation
          or reprisal, and to devote special attention to the question in their
          respective reports to the Commission or the Sub Commission.
          210. The Special Representative has received the following complaints about
          cases of intimidation or reprisal. .
          211, Achea Abinadi. It is reported that the family of this person, who was
          executed in mid—1988, was warned by the prison authorities of the consequences
          they would face in case news of the execution was made public.
          E / CN. 4 / 1991 / 35
          page 43
          212. In reply to this allegation, the Government stated, on 22 January 1991,
          that “there is no judicial record available on Mrs. Achea Ahniadi as indicated
          in above paragraph”.
          213. It was also alleged that, during the Special Representative's first
          visit, several persons who had tried to contact him at the tJNDP Office at
          Tehran had been prevented from doing so by Government agents who took them for
          questioning to various Komiteh installations. In particular, it was reported
          that a husband and wife (names provided to the Special Representative) had
          been taken in this manner to a Komiteh at Mottahari Avenue in central Tehran,
          where they were questioned, intimidated and asked, to sign a written commitment
          not to contact the Special Representative or any member of his team.
          According to the report, these persons subsequently received several death
          threats over the telephone and were repeatedly summoned by the Komiteh. It
          was also said that a great number of potential complainants (former political
          prisoners or relatives of executed persons) were also threatened over the
          telephone or summoned to Komiteh installations or the revolutionary
          prosecutor's office and ordered, under threats of imprisonment or execution,
          to keep away from the Special Representative.
          214. In a letter dated 23 March 1990, Mr. Bazargan, former Prime Minister of
          the first provisional Government, told the Special Representative that in
          letters dated 15 and 16 February 1990 to the Prosecutor General of Tehran and
          the Minister of the Interior respectively, Mr. Tavassoli had reported that he
          and his family had received threats and abusive telephone calls in the days
          following his conversation with the Special Representative. He had attached
          copies of the letters.
          215. On 13 July 1990, the Special Representative had an interview with a
          witness who requested that his name be kept confidential. The witness stated
          that after the Special Representative had left Tebran, family members and
          relatives of witnesses who had testified before the Special Representative had
          received threats or been arrested. He stated further that some prisoners who
          had appeared before the Special Representative had been tortured and received
          death threats. At the request of the Special Representative, the witness
          undertook to provide specific and detailed information about the acts he had
          216. Reference is also made to the allegations reflected in paragraphs 46
          to 50 and 52.
          H. Situation of women
          217. According to reports received by the Special Representative, women in the
          Islamic Republic of Iran have suffered from various acts of discrimination.
          Unequal treatment meted out to women has been alleged in the following
          particular areas.
          218. In the family context it has been reported, inter alia , that a husband,
          father or brother may kill his wife, daughter or sister when she commit's an
          immoral or unchaste act. Further, in case of dissolution of marriage, a
          mother's right of custody over her children was said to be limited to the son
          under two years of age and the daughter under seven years, even when the
          father has died.
          E/CN. 4/1991 / 35
          page 44
          219. In the area of equal opportunities for women, it was alleged that women
          have no access to certain fields of study, e.g. graphics, visual
          communications and cinematography. Promotional opportunities for women were
          said to be few, with practically no women in managerial or supervisory
          220. With regard to the administration of justice, it was reported that a
          woman's testimony in court was considered to be worth half that of a man's.
          Thus, it would take two women witnesses to offset a single male's testimony.
          It has also been alleged that a virgin woman condemned to death goes through
          forced matrimony and is def lowered before the death sentence is carried out.
          In this connection, the Special Representative wishes to emphasize that the
          Commission's Special Rapporteur on the question of torture considers rape as a
          form of torture.
          221. With regard to the allegations concerning the situation of women, the
          Government of the Islamic Republic of Iran stated, on 22 January 1991, that
          “according to the introduction to constitutional law and articles 20 and 21,
          men and women are equal before the law. Women enjoy all human, political,
          cultural, social and economic rights, of course within the Islamic context.
          On the other hand, the Government has the undertaking to provide suitable
          grounds for exaltation of the personality of women and guarantee their
          spiritual and material rights. Therefore any claim or allegation on
          discriminatory behaviour with respect to women is categorically denied. Thus
          the allegations embodied in the above paragraphs have no bases.”
          I. Situation regarding the rights of children
          222. It has been reported that, according to clause 1 of article 1210 of the
          civil law, the age of puberty for girls has been determined to be nine lunar
          years (equivalent to eight years and nine months). At that age, the father or
          the paternal grandfather reportedly has the right to marry off his young
          daughter to anyone he considers suitable, in exchange for a sum of money, the
          so—called Shir Baha .
          223. On 22 January 1991, the Government stated that this allegation has no
          224. It has also been reported that, according to article 32 of the law
          dealing with Islamic punishment, physical punishment of children is permitted
          to the limit of maiming them.
          J. Testimonies concerning acts of violence against
          the civilian population
          225. On 23 February 1990, six witnesses members of the Organization for
          Defending Victims of Violence, an organization established in the Islamic
          Republic of Iran, requested to be heard by the Special Representative in
          Geneva. They asked that their names be kept confidential. ,
          226. One witness stated that he used to be a teacher of English and had never
          engaged in political activities. Since he was bearded, the Mojahedin
          suspected him of being a fundamentalist and Government agent and made an
          attempt on his life which resulted in the death of his wife. They advertised
          the incident as “having executed a Government agent”. The witness stated that
          E / CN. 4 / 1991 / 35
          page 45
          he had not been in his wife's company when the killing took place. He
          promised to send a list with the names of 12. people who, according to him,
          were also killed by the Mojahedin.
          227. Another witness stated that he was an ex—member of the Mojahedin. He had
          joined the movement after the Revolution, as he had been attracted by its
          propaganda. For two years he was trained in political activities, such as
          organizing of public demonstrations and social upheava::L Afterwaris he went
          through a military training period. In the year following his military
          training he was arrested by the Government and taken to Evin prison, He
          stated that he had never participated directly in military activities. He was
          condemned to 10 years in gaol but was released during the general amnesty in
          1986 after serving four years 0 He had knowledge of at least three
          assassinations perpetrated by Mojahedin agents; the victims were a grocer, a
          taxi driver and a watchmaker,
          228. Another witness stated that he was a medical doctor by prof 11 and an
          ex—member of the Democratic urdistan Party. He had belcrged to that Party
          two years before and one : ear after the revolution. He alleged that the
          Democratic Kurdistan Party had received money from the Government of Iraq
          before the war. In fact, each family involved in this Party had recei 9d
          5,000 dinars from the Iraqi Government. The Iranian ageri for the
          distribution of money was a man called Abdullah and was presently very
          influential with the Party. Although he was in exile now, he continued his
          activities from abroad. OEe witness expressed the view that the present
          Government has been lenient and has accepted many facts of Kurdish life, such
          as publications in their own languages. He further stated that frequently he
          had received death threats and that many of the people who had a relaticnship
          with the central Government had been assassinated. He stated that he knew of
          the assassination of a woman who was five months pregnant when she was killed
          on suspicion of co—operating with the Government.
          229. Another witness stated that she had joined the Mojahedin for a period of
          three years through her husband who was a Mojahedin leade::, 3oth had received
          military training and she had served as a deputy to her lusband hey were
          arrested together and her husband was executed. As his deputy
          initially been condemned to prison for life, but her sentence later
          reduced to 10 years. She was released in 1989, after ha ring served six
          years. The witness further stated that, as an ex—member rf the Mojahedin, she
          could testify to the fact that they were a terrorist group, She had been told
          by the Mojahedin that certain people were considered as essential to the
          Government and that if they were killed the Government would collapse. Now
          she realized that this system of struggle was not rationa:., One terrorist she
          had known personally was Mr. Radjavi, who had served in the group of her
          husband. In 1982 Mr. Radjavi had killed a grocer at Dj'an Houri whose name
          was Hossein Mehrabanian. Mr. Radjavi had also received the order to kill a
          wood carver, called Davood Nazeur Baka, who had left the Mojahedin
          organization. Two other members of her husband's group, who were later
          caught, had killed a seller of textiles by the name of Haji at Narmak.
          Another killer belonging to the group was Au Soleamani who lived at Djavadeeh
          and had assassinated a housewife. Another terrorist she knew had killed two
          people, one of whom owned an electricity shop in Jajreesh Street and the
          other, by the name of Mahmoud, had lived in Tajreesh Street. The witness
          stated that it was not easy for a member of the Mojahedin to leave the
          organization and asked the Special Representative's help in this regard. OEe
          page 46
          witness also stated that, while in prison, she had met a girl by the name of
          Mozgan Momayouxn Far who was a member of the Mojahedin. Her foot had been
          amputated as a result of an accident she suffered while carrying out a
          Mojahedin mission; after the accident, the driver had left her without
          organizing help. Later the Mojahedin publicized the case, alleging that she
          had lost her foot during her stay in prison.
          230. Another witness stated that she had been arrested in September 1971, as
          she had held responsibility for the protection of one of the private hiding
          places of the Mojahedin Five or six persons were living there; one was
          called Mohammed and was the perpetrator of several assassinations. In 1981 a
          fruit seller was killed by Mohammed because he supported the Government.
          Other members of the organization, called Ali—Reza Madani and Reza Ostad
          Hossein had killed two college students by the names of Reza Darrsh Vand and
          Naserh Sa1em The entire group was arrested in September 1981. The witness
          stated that she bad first been condemned to a life sentence hut that she had
          been released after sin and a half years
          231.. notheo witrsss a : aoployee with Iranian television., stated that when
          wife s l eer Ji che had contacts with the Mc ahedin organi za'icn
          tr a:stoon at z s re est W s' :‘ e'i
          a :e-s f opi s abeam a& hec to
          to Ic. 1932. a o 'onan who ci to be a fni of his
          ife , acococcrc L i c'cnt :: the-jr bon e cr2 “iclently attacked his
          ife. who a conseg rca ticair child a as born
          lisaibled ciLia. ac sob nrobiems
          232 in aich.tLLoc, : : 1990 the Special Representative heard the
          tetimonyic Lsneva ci ocher persons who had requested hearings and who gave
          testimony c: toiLs qca' Some of them asked that their names be kept
          23 . Mr. oar Far ar!oc aam that his tsther was kitled in 1981 by terrorist
          roups despit the fact. that he was not politically involved. Thus his family
          oecame one c;: one mann camlies vmctims of terrorasm
          234. Anothec carson stated that he had worked with the Mojahedin
          organizaticar As a result of his political activities he had served four
          years in prisor frcso 1981 to 1985. He is now working in his father's
          business., but he intends to resume the medical studies he was forced to
          interrupt to serve ioi prison term. His applications for readinission to the
          university have beer rarected. He added that many people, including children,
          were being held prisoner by the Mojahedin.
          235, Another person stated that he had been a member of the Mojahedin
          organization since 1979 the year when he was recruited. At the beginning, he
          was assigned simple tasks such as distributing propaganda leaflets. Later, he
          was given more important political tasks, but never military tasks. He stated
          that in 1981, the organization decided to step up its terrorist activities
          with the aim of eliminating those it considered to be key people, mainly
          off icers of the army and the security forces. The chief of his cell was
          Mohammed Moghaddain, who did take part in terrorist activities. The witness
          says he had to go into hiding and live in a house with his weapons at the
          ready. In 1983, his house was razed by the security forces and he received a
          gunshot wound. He was sentenced to 20 years in prison. He appealed the
          El CN.411991 / 35
          page 47
          sentence and the term was reduced to 15 years. In 1987, after four years and
          three months in prison, he was released under the amnesty decreed that year.
          236. Another person stated that his son was killed nine years ago after
          receiving a number of threats from members of the Mojahedin organization.
          237. Another person, a university atudent, stated that his younger brother had
          been killed by members of the Moja edin despite the fac : that he was not
          politically involved, He added IIa; many members of the families of victims
          of terrorism had not been able to oc the Special Representative at that time.
          238. Subsequent to the interi i rep t the Special Represantati e received the
          following informatic :
          239. It has been reported that Mr Shah Kouchaki was wounded in an attempt
          against his life carried out by mchbexs of the Mojahedir organization on
          10 January 1986 in Ahwaz. Acccrdirg to the source, tw motorcyclists who bad
          their faces c verea sb- . at hrm sma- 'a guns ull t lit his left
          shoulder ut a friend ca cc a: c a :.ren of Bat aoesh ‘ .as trlied.
          240. It has also been re o tcd that Mr. Mcztcza Gholami-Nejad a metal
          technician, was shot dead in Teheran by me (rs of the cjahedin n his way to
          the German Embassy in Teheran. A communiqud issued by the Mojahedin
          organization reportedly stated that ho had been executed because he was an
          agent of the Government.
          21i1. It was also reported that Mr. Nohan ad-Aii Faale-Nejad was assassinated
          on 29 August 1985 by members of the Mojahedin organization. Reportedly the
          assassination took place in presence of his re nant w f a and his mother.
          242. On 29 and 30 January l99l soveral w aases req sted to be heard by
          the Special Representative at the Jnited a ; rr.c Off ic at Geneva. On
          29 January l 9i tte S :;ial Repres cntativc :eceived M OEers.dmand
          Mr. Seyed Ahinad Bazaz Zadah and rea para n :‘;ho asked that :heir
          names be kept confidential,
          243. Ms Rheradmard ;ted that :: had h Er me be. of the Mc aheiin.
          organization at cl :: of her er: e t Lc ccl.are thet she was' released
          after six years of imprisonment ani that he had realized how wrong the
          objectives of the Mcjahedin were. She denoun ad jr articular IIe
          assassination by the Mojahedin of Mr. Aft iah ash.
          244, Mr. Bazaz Zadeh stated that he was a rember of the Pasdaran. Be said
          that, for that reason, three brothers of his had been killed by the Mojahedin.
          245. Another witness stated that she was a member of the Mojahedin and that
          she was arrested two times. She declared that the Mojahedin deliberately
          misled people about prison conditions.
          246. The fourth witness declared that he had been a member of the Mojahedin
          organization and that he was arrested in 1984. He was sentenced to 20 years'
          imprisonment but had been conditionally released. He added that despite the
          fact that he had been involved in subversive activities, he was allowed to see
          his sick mother and to continue his university studies.
          E/CN .4 / 1991 / 35
          page 48
          247. The fifth witness reported crimes allegedly committed by armed groups of
          the Kurdish Democratic Party and the Komola Communist Party in Kurdistan. He
          added that according to article 15 of the constitution he had obtained
          permission for the publication of a magazine in Kurdish.
          248. On 30 January 1991 the Special Representative received two members of the
          Organization for Defending Victims of Violence, who requested that their names
          not be revealed. The first witness stated that he had joined the Mojahedin
          in 1980 and continued to belong to the military branch of the organization
          until 1983. He was sent to foreign countries to receive training in
          subversive and terrorist activities. He stated that he provided the foreign
          authorities with information about military targets in Iran and co operated
          in the recruitment of new members of the Mojahedin. In 989 he began to
          realize that he had committed reprehensible . cts against innocent peopla and
          gave information to the authorities. e was tried and sentenced to death, in
          1990 he was released as he had repented. He added that the Mojahedin while
          killing people in terrorist operations deliberately preteadod that the righto
          of the Iranian people were being vio ted by ove al authorities
          or .i i ness St aha s.s detained n.
          lie t:Ei i at rtbs : :e e ' t : 1.,i cs :r -:
          : :yn1.e ' f.” :. oe:
          Ps:: lanent tbat ncst r s t:: ::.:
          h is —::s ::: i :n - : .:t b :c their
          with f: : : rs. O hen: :::, :hs act: h. ties : : : . 1af : :
          i - .hich aoz:rii.::. :: ‘:h.s info ation :..: ::c ated to
          cod —rstsi with the : : ‘L:! en: Servic ,
          - -rr 4 ‘
          250. t has been reported tha the : a ian Bible Soodety was dissoi' ed ‘:y the.
          Minjs : of Cul: : ro and Islam:;: Gnidance in Februar ? : , and has failed in
          numerons attsnTt : to get approi al to r opon. The lra' n ible Society has
          opera:ed iegal, and openly fo: the. :st 1' years ,A f e : its dissolntion, it
          files w r•a confiscated and it. :h:s ff locked out of the premises. In addh:ion.
          its eo:e :utilre se:retary Mr. adegL eh . his wife an his son hav
          allegedly ‘sff : d harassment and threats of imprisooemer :.
          251. It has beer. reported that, starting with the academic year i983—l3E
          religious education was prohiY ted in all Christian Armerian schools. New
          books in Farsi prepared by Muslim theologians were reportedly introducot.
          has also been said that as of 1985—1986 all Christian Armenian schoolg:::ls
          were forced to wear an Islamic veil, irrespective of the fact that the ,
          already wearing scarves covering their hair and neck. It has also beer -
          reported that Armenian clergymen, including the Archbishop, have been
          prohibited from entering school compounds, while Muslim clergymen have free
          access. It was also alleged that messages to the students on the occasion of
          religious holidays have to be submitted in Farsi for approval by the
          authorities two weeks in advance.
          252. It was also reported that the Ardak Manoukian Armenian School was
          forcibly taken from the Armenian community and transformed into a Muslim
          E /CN. 4 / 1991 / 35
          page 49
          253. It was alleged that, in April 1990, Guardians of the Isla mic Revolution
          entered the Sipan Cultural and Athletic Club of the Armenian community, closed
          the club and detained three members of the board and the office clerk. They
          were reportedly accused of allowing girls to be present in the premises
          without headacarves. The four detained persons were reportedly sentenced to
          74 lashes for violating the constitution. Allegedly, they were allowed to
          “purchase” the lashes by paying 70,000 rials each. (See also para. 458.)
          254. With regard to the situations of Christians in the Islamic Republic of
          Iran, by letter dated 22 January 1991, the Government stated the following:
          “It should be noted that: According to article 13 of the
          Constitution of the Islamic Republic of Iran, Christians are considered
          as religious minorities and are free in performing their religious
          rituals and acts in accordance with their canon law as far as their
          personal status and religious teachings are concerned;
          “OEe Supreme Council of Cultural Revolution of the Islamic Republic
          of Iran has authorized religious education according to the custom and
          language of religious minorities. All school s belonging to religious
          minorities are acting accordingly. OEerefore any allegation in this
          respect is false;
          “Christians and other religious minorities in Iran have their own
          independent schools and their children are free to take any course in
          undergraduate curriculum;
          “All students are obliged to respect the regulations and discipline
          set forth by the Ministry of Education;
          “All women in Iran should observe the special dressing prescribed by
          Is lam;
          “The ‘Iranian Bible Society' was closed temporarily for wrongdoings
          and failing to respect the laws and regulations of the Islamic Republic
          of Iran and violating the rights of the people on the part of the persons
          in charge of the Society. OEeir case has been brought to the court and
          obviously, after the issuance of the verdict and when the situation of
          the accused becomes clear, the Society could continue its activities;
          “All schools pertaining to religious minorities are being
          administered by themselves and, naturally, the principals of these
          schools are appointed by them and in accordance with regulations of the
          Ministry of Education;
          “The Aram Manoukian School was put at the disposal of other students
          for not having enough Armenian students. OEis has been done with the
          consent of persons in charge of the Armenian community and according to
          the agreement; they can restore it whenever it is deemed necessary;
          “The Christian Armenian clergymen, including the Archbishop, have
          free access to school compounds and any allegation on restriction in this
          respect is invalid;
          E / CN .4/1991/35
          page 50
          “Some members of the Sipan Cultural and Athletic Club were arrested
          for their immoral offences according to the decision of the judicial
          authorities and they were convicted by the court. It should be mentioned
          here that Armenians and other religious minorities are free to take part
          in cultural and athletic activities in their clubs and no restriction
          whatsoever (including the separation of males from females or observing
          Islamic veil by women) is imposed in this regard.”
          255. By note verbale dated 22January 1991, the Permanent Mission of the
          Islamic Republic of Iran to the United Nations Office at Geneva made available
          to the Special Representative the text of a communication which the Conseil
          Apostolique des Arin niens de OEh ran had addressed to the Ministry of Foreign
          “The Conseil Apostolique des Arm niens de OEh ran has the honour to
          inform you that, having become acquainted with the report of the Special
          Representative of the United Nations Secretary—General on human rights
          concerning his meeting with Archbishop Ardak Manoukian and the
          Archbishop's statements about the status of Armenians in Iran, it has
          studied the report minutely and exchanged opinions with the Archbishop,
          leading it to conclude that the report is high—handed and addresses
          some persistent problems in a negative — even, on occasion, partial and
          biased — manner.
          “The Conseil would accordingly like to clarify some points so as to
          correct and provide additional detail for the report. It requests the
          Ministry of Foreign Affairs to transmit the following to the Special
          Representative of the Secretary—General or any other organization
          “During Mr. Galindo Pohl's meeting with Archbishop Ardak Manoukian
          on Sunday, 14 October 1990, representatives of the Conseil Apostolique
          des Arm niens were also present. Before alluding to the ‘limited
          possibility of language training in the Armenian schools' and expressing
          his regret at ‘the lack of religious education', the Archbishop spoke of
          the preservation of the Armenian language, cultural identity and
          particularly religion down the centuries, giving lengthy accounts of the
          Armenians' growing religious sentiment, their increasing attachment to
          the Church and religious observances after the victory of the Revolution,
          and their complete freedom to practise religious rites and register their
          civil status — marriage, divorce, inheritance, etc. — with the Iranian
          legal authorities in accordance with the requirements and principles of
          their Church. Re also mentioned the community's identity and legal
          capacity as a religious minority lawfully recognized under the
          Constitution and its continual active presence, in the person of its
          elected representatives, in the Islamic Assembly.
          “It is regrettable that none of the above points was mentioned in
          the report. Why should such impartial organizations be made aware of the
          problems of this community in such an arbitrary, negative fashion — one
          influenced, at times, by the propaganda of hegemonistic countries? Since
          the beginning of the Revolution such propaganda has seized every
          opportunity to harm the Islamic Revolution, making use of sensitive
          issues in certain communities to sow pessimism and despair.
          El CN. 4/1991 / 35
          page 51
          “For example, one widely exploited issue is the teaching of the
          Armenian language and religion in Armenian community schools. Yet, under
          the Constitution of the Islamic Republic of Iran, in keeping with other
          legislation approved by the Islamic Assembly and communicated to the
          Ministry of Education, and according to the decree—law recently approved
          by the Supreme Council of Cultural Revolution, there is no impediment to
          the teaching of religious rites in Armenian at Armenian schools.
          “The Conseil Apostolique des Arm niens understands that the
          regulations for the application of this law are being drawn up, and we
          hope they will be communicated and enforced as soon as possible so as to
          remove even this pretext and prevent foreign propaganda from taking
          advantage of it.
          “Our best wishes for the increasing advancement of the Islamic
          Republic of Iran, the noble Iranian people and our beloved fatherland,
          256. Subsequent to the interim report, the Special Representative has
          continued receiving information concerning freedom of religion.
          257. It has been reported that Rev. Hossein Soudmand, a Muslim convert to
          Christianity and pastor of the Assemblies of God Church in Mashad, was
          executed on 3 December 1990 in Mashad (see para. 72 (r)).
          258. Several communications were received which refer to other manifestations
          of religious intolerance against Christians. OEe authors of these
          communications explained that the execution of the above—mentioned pastor had
          prompted them to bring to the attention of the Special Representative all
          grievances regarding the enjoyment of religious freedom.
          259. In particular they alleged that the pastor of the “Injili” Presbyterian
          Church of Tabriz was arrested on 7 December 1990 and is being held in the
          Tabriz prison. It was also said that another Muslim convert from the Nfioo
          Church in Tehran was imprisoned for a month in September 1990. After several
          days of alleged torture, both reportedly recanted the Christian faith in
          writing and returned to Islam, thus obtaining their liberation from prison.
          260. It has been reported that in 1988, the Ministry of Culture and Islamic
          Guidance closed a Christian church in Sari, in northern Iran, and the pastor
          was forced to leave the city.
          261. Many Christians in Ahwaz, most of whom are Muslim converts to
          Christianity, were said to have been imprisoned. Other Christians have
          reportedly been threatened with imprisonment on numerous occasions. The
          pastor of the Assemblies of God Church in Ahwaz was allegedly arrested in 1987
          and imprisoned for one month and was then taken to Tehran where he was ordered
          to report to the Komiteh once a week. A short time later, his replacement was
          allegedly also arrested, imprisoned and then banished to Tehran and the church
          has been closed by the Ministry of Culture and Islamic Guidance and the church
          property confiscated. —•—— 7
          page 52
          262. It has been reported that Mehdi Dibaj, who converted to Christianity
          some 25 years ago, continues to be imprisoned in Tehran. He was arrested in
          1983 in the city of Babol and was detained there until the church paid
          $us 20,000 as security for his temporary release. Shortly thereafter, he
          was again arrested and allegedly tortured in attempts to force him to renounce
          263. e Qrdenof Evangelism, a Christian training centre in northern Tehran
          which has been us jChri tian churches for over 45 years for pastoral
          training, was said to have been closed by the Ministry of Culture and Islamic
          Guidance in July 1989. The closing of various Christian churches and
          bookstores has also been reported. Christian conferences were said to have
          generally been banned and Government approval is required for Christian
          weddings or even church outings. It was also alleged that the authorities
          have reportedly warned Iranian Christians “not to contact the West”.
          264. It has further been reported that in 1985 the Government required all
          churche s to re—register. Although the Church of the Assemblies of God
          reportedly submitted all of the required documents over three years ago, the
          Government has not yet registered it.
          L. Situation of the Baha'i community
          265. Although no executions of Baha'is were reported since December 1988 and
          the number of imprisoned Baha'is was said to have declined from 13, as at
          28 November 1989, to 7 as at 3 January 1991, it was alleged that a generally
          discriminatory attitude towards the Baha'i community persisted. A great
          number of cases were brought to the Special Representative's attention in
          which termination of discrimination and persecution was said to be conditioned
          on the Baha'is recanting their faith. It was also asserted that in many cases
          administrative and judicial decisions concerning Baha'is were characterized by
          arbitrariness and that the degree of discrimination or tolerance towards
          members of the community depended to a large extent on the attitude taken by
          particular authorities or individual civil servants. Baha'is were generally
          considered as ‘uIlprQteCj,eiufi&el.S.'!. outside the protective precinct of the
          law and in cases brought before a court their rights frequently depended on
          the individual judge's good will.
          266. On 12 July 1990, the Special Representative received a person who
          requested to give testimony with regard to the situation of the Baha'is, but
          asked that his name be kept confidential. He said that he had converted to
          the Baha'i faith in 1973. He stated that Baha'ism mixes religion with
          politics. He was forced to attend all the meetings, which drained his
          physical and psychological energy. In 1988, he converted to the Muslim
          faith. He stated that nowadays, the Baha'is were free to develop their
          activities with the consent of the Government. Indeed, he said, it was better
          to say you were a Baha'i to get work or get a passport more.promptly. In his
          view, there was no discrimination against Baha'ism in education, whether in
          school or in the university, or in medical or hospital care.
          267. Three other persons asked to speak with the Special Representative
          on 12 July 1990 and requested that their names be kept confidential. They
          stated that as a result of the Special Representative's first visit to the
          Islamic Republic of Iran, the Government had released several followers of the
          Baha'i faith who were being detained, had lifted the ban on travelling in the
          page 53
          country without permission, had facilitated their access to farm property and
          established special preferences enabling them to obtain passports. According
          to their reports, one had only to say he/she belonged to the Baha'i to get a
          passport immediately. The attitude towards the Baha'is in the communication
          media had also changed for the better. However, they stated that some Baha'is
          still maintained a posture of confrontation and were trying to create tensions.
          268. Reference is also made to the statement reflected in paragraph 249.
          269. During the period under review, the Special Representative has received
          various specific allegations of violations of basic human rights affecting
          members of the community, accompanied in many instances by official Iranian
          documents. The information received has been divided into the following
          1. Executions and disappearances
          270. It has been reported that, since 1979, 197 Baha'is have been executed.
          The two most recent executions took place in December 1988. Fifteen Baha'is
          have disappeared and are believed to be dead.
          2. Indictment andlor imprisonment
          271. As of 3 January 1991, seven Baha'is were reported to be imprisoned.
          Allegedly none of these cases has come before the judicial authorities.
          272. In a letter dated 12 March 1989, the Islamic Revolutionary Court of
          Gombad referred to the case of Mrs. Bihidukht Tibiyani, belonging to the
          Baha'i faith, in the following terms: “The case concerning the accusation
          that you take part in Baha'i activities has been considered by the Islamic
          Revolutionary Court of Gombad andy in accordance with verdict No, 1684—7 of
          26 February 1989, you have been sentenced to one year's imprisonment; the
          verdict was handed down in your absence since you did not appear before the
          273 It has been rerorted that one person was arrested in Tehran
          cc. I C:otcher 985 T.coacLss f his r azticiaricn in Baha'i activities. He
          ‘ ;as takan to Tt r r. p::on nod interrc a't d and was imprisoned there in solitary
          - r'o-' ‘o -i 19 Octob r 1987 the trial was held
          ho ns sen: ccod to ice years inprisorment. OEe two years of pre—trial
          detention 1ere not counted in the sentence and the date :3t Ms release was
          announced to be October 1992. On 11 February 1989 a public pardon of
          political and religious prisoners was issued. He was informed on 10 May 1989
          that he would be released provided he promised in writing not to take part in
          any activities of the “wayward Baha'i sect”. He replied that he would under
          no circumstances sign such a declaration. The Islamic Revolutionary Court of
          Shiraz cancelled the pardon and announced the date of his release to be
          October 1992, adding that if he did not sign the above—mentioned declaration
          on that date, he would have to remain in prison beyond that date. ,
          274. Mr. Rahim Makhani, a retailer of decorative objects, was summoned by the
          tribunal at Rainsar to appear in court on 7 November 1989 to answer allegations
          of being a member of the misguided Baha'i sect.
          page 54
          275. On 3 March 1990, the Commission of Administrative Faults of tne Ministry
          of Education summoned Mrs. Parvin Keshavars Rahbar to present the elements of
          her defence with regard to the accusation of belonging to the misguided Baha'i
          sect, for which she had already been condemned to a correctional prison
          sentence of one year.
          276. It was also reported that on 27 February 1990, the Council of
          Administrative Faults of the Melat Bank summoned Mr. Zekrollah Ismail Arabi
          to defend himself before the Council with regard to the accusation of being
          a member of the misguided Baha'i sect.
          277. It was further reported that, during August, September and October 1990,
          three Baha'is were arrested simply because of their religious beliefs; one of
          them was subsequently released.
          3. Dismissal of Government employees
          278. In a letter dated 22 February 1990, addressed to Izzatu'llah Nazari, a
          retired employee of the Baha'i faith, the National Iranian Oil Company
          stated: “As you have already been informed, in accordance with Civil Court
          verdict No. h.b. 1236/7 of 15 Ordibehesht 1362 (5 May 1983) and because you
          belong to the misguided Baha'i sect, you have been permanently disqualified
          from exercising Government functions and from serving in any
          Government—affiliated organization”.
          279. In a letter dated 13 January 1990, the Department of Social Security
          stated that, in accordance with the decision of the Town Committee of the
          Manpower Section of the Ministry of Health, Manuchihr Shirvani and Au Akbar
          Nawruziyan had been sentenced to permanent dismissal from their posts because
          they belonged to the misguided Baha'i sect.
          280. On 10 December 1989, the Department of Social Security informed the
          Office of Social Services for the Employees of the Ministry of Labour that, in
          accordance with the relevant decision, Dhabihuillah Fada'i had been
          permanently dismissed from his post because of his membership in the misguided
          Baha'i sect and that payment of his pension continued to be suspended on the
          basis of verdict No. 28827/6 of 14 September 1983.
          281. In a letter dated 25 October 1989, Primary Section of the Administrative
          Court handed down decision No. 1002 upholding an earlier decision concerning
          Mrs. Izzat Ha'i Najafabadi who was dismissed from the Ministry of Education
          and deprived of her retirement because of being a Baha'i. The charges against
          her were based on Section 2 of Act No. 19 containing the Regulations on
          Administrative Of fences and the decision was declared final, since the
          plaintiff did not submit any grounds or evidence to change it.
          282. In a letter dated 30 September 1989 from the Office for the investigation
          of Administrative Offences of the Ministry of Agriculture to Mr. Payduilla'h
          // -A1i—Tabar. who had been dismissed from his post, it was stated that the fact
          that he belonged to the misguided Baha'i sect had been proved on the basis of
          his confession and statement of 7 April 1982; that the decision relating to
          his dismissal from his post was therefore valid; and that it was legally
          unnecessary to submit the case for review.
          page 55
          283. On 12 September 1989, a judge of the Administrative Court handed down a
          ruling in connection with the consideration of a complaint against the
          Ministry of Health, stating that Mr. Hushang Gulistani considered himself
          a member of the misguided Baha'i sect, that an administrative decision of
          21 March 1981 had ordered his dismissal from his post and the suspension of
          his pension payments and that, as that decision had been based on the law, it
          could not be changed.
          284. On 19 February 1989, verdict No. 855 of the Central CounciL. for the
          Investigation of Administrative Off ences described the case in question in the
          following terms: Mrs. Qudsi Ridvani was registered as a member of the Baha'i
          sect and acknowledged that she belonged to a Baha'i family and had given that
          group financial assistance. OEe Court found her guilty and requested her to
          return the funds she had sent abroad; and, since the charges against her had
          been proved, she was sentenced to permanent dismissal from her post.
          285. On 6 November 1989, Section 7 of the Administrative Court handed down the
          following decision: Mrs. Surayya Samimi “admits to having been born in a
          Baha'i family, but has not made any statement recanting her faith. The
          Tobacco Products Company has sent her a reply number 42749124 Mordad 1366
          (15 August 1987), stating that she is accused of membership in tbejsg ided
          Baha'i,sect and through the verdict of the Civil Committees and the review of
          the Reforming Councils, she has been sentenced to permanent dismissal from
          has been cut off. Considering the above ... as well as
          the fact that her being a Baha'i is confirmed, her objection is overruled and
          rejected. This is a final verdict and may not be reconsidered in this court”.
          4. Refusal or withdrawai. oZ work permits
          286. In a letter dated 31 October 1989, the National Veterinary Organization
          informed the Director of the Inspection Group of the Ministry of Agriculture
          that it was not possible to give a permit to Jamshid Farsi because, in his
          request of 2 November 1988, he had acknowledged that he was a member of the
          misguided Baha'i sect, and that sect was an agent of foreign interests and
          287. A letter from the Central Council of Trades of Simnan, dated
          20 January 1990, informed a Baha'i, Mr. Afrasiyab Subhani, that his work
          permit had not been approved and that , as from 21 January 1990, he would have
          to close Ms business and return the original permit to the Council. It also
          stated that, if the order was not complied with, he would be treated in
          accordanca with Act No. 72 of the Union Regulations. .
          288. In a letter dated 4 May 1989, the Trade Union for Repairs of House
          Equipment in Gurgan informed Mr. Massud Masudi that, following the
          investigation which had been carried out confirming that he belonged to the
          Baha'i sect, the Trade Union was unable to give him a work permit and he would
          therefore have to close his business.
          5. Suspension of pension or salary payments including orders to return
          a1aries received as public employees
          289. By a letter dated 13 February 1989, the Assistant—Director of the
          Department of Administration and Finance of the Organization of Forests and
          Prairies of the Ministry of Agriculture informed Mr. Hossein Nazeri that the
          E /CN.4 11991135
          page 56
          suspension of his pension had been based on the proposal of the former
          Committee of Purification of the Ministry of Agriculture and on the order
          issued on 3 June 1981 by the former Minister of Agriculture, on the grounds
          of his belonging to the Baha'i sect.
          290. On 11 March 1989, the Bank of the People gave the Secretariat of the
          Banks the following information: “With regard to letter No. 3342, dated
          16 February 1982, Mrs. Bihidukht Tibiyani has confessed that she belongs to
          the Baha'i sect and the payment of her retirement pension has therefore been
          cut off”.
          291. On 23 July 1989, the local Health Department in Khurasan sent a letter
          to the Office of Personnel of the Ministry of Health indicating that
          Mr. Dhabihullah Dhabini—Muqaddam was a member of the misguided Baha'i sect
          and that the payment of his salary had.therefore been discontinued.
          292. On 20 January 1990, the Head of the ITTIKA Company of the Ministry of
          Defence and Arms Support sent a letter to Mr. Nurullah Baba'i in which he
          informed him that “on the basis of decisions taken by the Government and the
          authorities, the people who follow the Baha'i sect will not receive any
          pension. As you have clearly recognized that you are a Baha'i, no pension can
          be given to you through ITTIKA factories and through the organizations for
          293. In May 1990, the Administration Justice Court No. 15 issued verdict
          No. 121, rejecting Mr. Yazdan Bakhsh's petition against an earlier decision to
          withold his pension.
          294. Hushang Tabish, an employee who had worked for the Sadirat Bank, was
          arrested because he refused to return the salary he had received. After being
          in prison for some time, he agreed to pay monthly amounts of 3,000 tumans as
          from October 1988. When he had made seven monthly payments, he decided to
          stop them. Reportedly the prosecutor is currently dealing with his case.
          295. Mrs. Tal'at Mazlumi, a former employee of the Department of Education,
          was ordered to return the salary that she had received while she was in
          Government service. The order came from the Prosecutor's Office of Section 1
          at Evin prison. The prosecutor's last order that the former employee should
          provide a guarantee of payment was dated 28 January 1990.
          296. Colonel Muhtashimi, a retired army officer, received a summons to appear
          before the Prosecutor's Office of Section 1 at Evin on 18 February 1990. A
          piece of land that belonged to him was confiscated as compensation for the pay
          he had received during his service in the army.
          297. Isfandiyar Ghadanfari, Nadir Ghadanfari and Nadir Vahid have been
          summoned repeatedly. They were taken to Section 13 at Evin prison because
          they have not provided a guarantee that they would pay back the salaries they
          received during the timethey were in Government service.
          298. Mr. Manuchihr Mishn Chi was reported to be held in Evin prison because he
          would not or could not pay back the salary he had received.
          299. Mr. Yusuf Ahmada'i, whose case is with Section 4 at Evin, agreed to
          provide a guarantee that he would pay back the salary he had received. He has
          already made two payments.
          E/CN .4 / 1991/35
          page 57
          300. Vahid Sabuhiyan, a former army officer who received an order for the
          repayment of 153,000 tumans, agreed to pay back that amount, but later decided
          not to do so and to await official reaction.
          301. Mrs. Faridih Ahmadiyyih, a former employee of the Tijarat Bank, received
          a summons concerning the repayment of salaries from the prosecutor of
          Section 12 at Evin, dated 5 August 1989.
          6. Denial of education
          302. Prior to 1988, Baha'i children were reportedly expelled from elementary
          and secondary schools throughout Iran. However, Baha'i children
          are generally being admitted both to elementary and secondary schools upon
          making an application. Recent official documents, however, indicate that
          incidents continue to occur in which schools refuse to accept Baha'i children.
          303. At the university level, Baha'i students are systematically denied their
          right to education according to testimony received. OEe condition placed on
          these students for being allowed to resume their studies is allegedly that
          they recant their faith.
          304. The following specific cases were reported to the Special Representative:
          305. On 9 November 1988, a committee to investigate cases of expelled students
          informed Miss Farzanih Khusravi Hamadani by letter that her case had been
          considered and that, since she had been banned frdin continuing her education
          because she belonged to the Baha!! sect, she would have to publish three
          announcements in major newspapers recanting her Baha'i faith and that, if she
          did not do so, her situation would remain unchanged.
          306. On 30 August 1989, a secondary school in Tankabun wrote a letter to the
          Department of Education regarding Mr. Mahmud Mukhta'ri, a father wishing to
          enrol his son: “According to his clear statement, they are members of the
          Baha'i sect. This school is exempted from having to accept the student in
          question in accordance with the rules of the Islamic religion”.
          307. On 3 October 1989, the implementation Board of the Ministry of Science
          and Higher Education addressed a letter to the University of Siatan and
          Baloochestan opposing Mr. Mehran Ahmadi's continued study in the field of
          development eng .neering because of his being a Baha'i.
          308. By letter dated 16 October 1989, the Ministry of Education informed
          Ms. Taraneh Navidi Moghadain, student of English language and literature at the
          University of Allaheme—Tabatabai, that she had been barred from continuing her
          studies. She was told that in order to resume her studies, she would have to
          place advertisements in three widely distributed newspapers stating that she
          had recanted from the “misguided sect”. The letter added that “in the event
          that these documents are not presented, there will be no change in the
          decision”. A similar letter was sent on 10 November 1988 to Mr. Erfanollah
          Masoumian, student of mechanics at the University of Babol.
          7. Confiscation of property
          309. It has been reported that property of individual Baha'is has been
          confiscated since 1980 and has generally been turned over to revolutionary
          E/CN. 4/1991/35
          page 58
          organizations and institutions. In some cases it has been put up for auction
          by the Government. It was also reported that in most cases the confiscation
          verdicts have not been made available to the Baha'is concerned.
          310. Baha'i owners usually objected to the confiscations at auction of their
          property, but their appeals to the judiciary have reportedly not been
          successful. Although some high—ranking authorities have recommended that the
          grievances of individual Baha'is be redressed, their farms and orchards are
          reportedly still in the possession of officials and individual transgressors.
          It was reported that, as a result, over 1,000 Baha'is from Boveir Ahmad,
          500 Bah&is from Seissan, 150 Baha'is from Ilkbchi, 50 Baha'is from Jassp, and
          over 300 Baha'is from Eevel of Mazanderan have been uprooted and dispersed all
          over the country.
          311. During the period 1978 to 1981, in the city of Yazd, all the properties
          and belongings, moveable or otherwise, of 260 Baha'i families were allegedly
          confiscated or taken, and all the members of these families were expelled and
          are now scattered all over the country. Since then some of the houses and
          farms have been sold, some are being let and some were occupied by the Imam
          Khomeini IMDAD Committee.
          312. It has been reported that Mr. Enayatollah Eshraghi, Mrs. Ezzat Eshraghi
          and Miss Roya Eshraghi, members of the Baha'i community of Shiraz, were
          executed in June 1983. The family home of Mr. Enayatollah Eshraghi, at
          105 Palestine Street, in Shiraz, was confiscated by the Government and will
          reportedly be auctioned in the near future.
          313. In 1989, the Islamic Revolutionary Court of Rafsanjan issued a verdict
          ordering the confiscation of all the properties and possessions of
          Mr. Assadullah Sadeghzadeh in the interest of the Islamic Revolution Martyrs
          314. The Special Representative has also received a copy of a letter
          dated 16 October 1988, signed by the Head of the Executive Commission of
          the Ministry of Justice, by which Hojatol—Islam Velayati is appointed as
          representative of the Executive Commission in the province of Ilkhaji. OEe
          appointment is accompanied by the following instructions: “(I) Identify the
          belongings of the runaway Baha'is of Ilkhaji; (2) Facilitate the sale of the
          perishable goods among these belongings at the day's prices and deposit the
          amount received from the sale of these goods into Account 4 at the Melat Bank
          of Ilkhaji which has been opened for this purpose; (3) Prevent persons from
          using various pretexts to take possession of such goods; (4) Mediate on behalf
          of this commission in the event of a dispute and have any such matters brought
          before the court”.
          8. Other incidents of economic discrimination
          315. It has been reported that the Baha'is in the Islamic Republic of Iran are
          still beset by various forms of economic discrimination. The restrictions
          imposed upon them include denial of commercial licences, prohibition of
          business transactions, violations of the right to own property, deprivation
          of the right of inheritance and the impossibility to seek employment in the
          nationalized industry or public departments.
          E/CN.4/199 1/35
          page 59
          316. Although in some cases Baha'is have recently been granted work permits
          in the private sector, documentary evidence submitted to the Special
          Representative shows that in other cases Baha'is continue to be denied
          such permits on the grounds of their religious beliefs.
          317. The Special Representative has also learned that in January 1990 two
          Baha'i families applied and received certificates of successorship.
          318. Reportedly there is a considerable number of Baha'is throughout the
          country who remain unemployed because of dismissal in the early 1980s. OEe
          number of Baha'is dismissed from posts in education and government allegedly
          exceeds 10,000. These Baha'is receive no unemployment benefits.
          319. It appears that Baha'i families are now generally receiving foodstuff
          allowance booklets and coupons. It was added, however, that incidents are
          still occurring where Baha'is are being denied such booklets. In one document
          submitted to the Special Representative, the Islamic Council on Supervision
          and Distribution of Goods of the Department of Commerce had stated the
          following: ‘We hereby respectfully inform you that the ration card of
          Mrs. Ishrat Shahriyari has been confiscated and invalidated because she is
          a Baha'i”.
          9. Right to leave one's country and to return
          320. It has been reported that hundreds of Baha'is have applied for passports
          to travel abroad in order to visit their children or relations and seek
          medical treatment. OEeir applications have reportedly been sent to the office
          of the President for approval, but only 24 persons have received exit permits.
          10. Restr ctions regarding religious activities
          321. it has been reported that Baha is continue to be deprived of the right to
          freely express and manifest their religious beliefs. OEey continue to face
          restrictions as regards the right of assembly and the right to maintain the
          administrative institutions of their faith, All of their holy shrines,
          historical sites and endowments reportedly remain confiscated and have, in
          some cases, been destroyed or desecrated.
          32 .2, As of late 19899 Baha'is have been allowed to bury their dead in Baha i
          ce eteries In most cities Baha is ere now permitted to have their own
          cemeteries and to hold funeral meetings without restriction as to the number
          of persons attending.
          323. The ban on other Baha'i meetings has been partially lifted so that up
          to 15 individuals are now permitted to meet for special events.
          324. It was reported that on 19 December 1989, Mr. Seyyed Mohainmad Razavi
          Yazdi, Representative of the Parliament, addressed a letter to
          Mr. Hedayatollah Jamshidi stating that “Baha'ism is not a religion. It is a
          misguided political sect that the foreigners have created to bring discord and
          conflict among Muslims”.
          El CN. 4 / 1991/35
          page 60
          11. Discrimination in the military s rvice
          325. It has been reported that on 23 June 1989, the Vi e—Director of Nazaja
          Personnel Division addressed a letter to Army staff coi taming the following
          “1. The commanders of the educational centres ha' e the duty to report
          those who are followers of the misguided Baha'i a Ct to the section for
          security and information of the relevant Yikan un t.
          2. That unit, while observing all necessary prec utions, should carry
          out the duties according to known guidelines.
          3. They should, while evaluating the situation, ake action to guide
          them to the straight path.
          4. After transferring these individuals from the ducational centres,
          their records should be forwarded to the Yikan un: t of their place of
          5. The commanders of the Yikan unit, after obtaii ing the opinion of the
          security and information unit, should decide abou the services to which
          they will be appointed.”
          326. It has been reported that the Office of Inspectioi —Assistant of the Army
          Division stated on 19 October 1989 that no followers 0: the misguided Baha'i
          sect should serve at Headquarters and in places which : equire the observance
          of the purity regulations.
          327. According to a recent instruction Baha'i conscrip a are now permitted to
          benefit from the general regulations concerning the ri 1 hts of married
          E/CN.4/199 1/35
          page 61
          A. Introduction
          328. The second visit to the Islamic Republic of Iran was made
          from 9 to 15 October 1990. The exchange of letters and notes concerning this
          visit has been referred to in paragraphs 22 to 26 of the interim report
          (A/451697). The Special Representative was accompanied by three staff members
          of the Centre for Human Rights and a United Nations interpreter. The Special
          Representative acknowledges and expresses his appreciation to those members of
          the Secretariat for their efficiency and co—operation. He also wishes to
          mention the co—operation of Mr. Per Janvid, Resident Representative of the
          United Nations Development Programme (UNDP), who, as he had done on the first
          visit, spared no effort to assist the Special Representative and his team
          members in accomplishing their task and in achieving their objectives.
          329. By a letter dated 17 September 1990, the Special Repres ntative had
          requested the Government to arrange for the following appointments with
          official or religious personalities: the Ministers for Foreign Affairs,
          Interior, and Culture and islamic Guidance, the Head of the Judiciary, the
          President of the Supreme Court of Justice, Ayatollah Montazeri and Ayatollah
          Ja'afari, the Special Prosecutor for Drug Trafficking, and a senior president
          of a revolutionary court. By a letter dated 5 October 1990, the Special
          Representative added the Minister of Intelligence to the list of requested
          330. OEe Special Representative also requested the Government, by a letter
          of 17 September 1990, to arrange a visit to Evin prison and pointed out that
          he would ask to visit one or two other prisons in the Tehran area, if
          considered necessary. He further indicated that it would be his intention to
          conduct hearings, in private, with prisoners of his choice, the names of whom
          would be communicated in due course. OEe Special Representative also stated
          that he would appreciate being given the opportunity to be present at trial
          proceedings of a revolutionary court concerning an offence for which capital
          punishment may be pronounced.
          331. In the first meeting with the Deputy Minister for Foreign Affairs,
          Mr. Manouchehr Mottaki, the Special Representative was handed a programme
          based on his aforementioned requests. In the course of the visit, the
          programme underwent a number of changes, some of which were requested by the
          Special Representative, who asked, in particular, that Saturday,
          13 October 1990 be entirely devoted to the hearing of prisoners. The meeting
          foreseen with Ayatollah Montazeri, at the latter's request, had to be
          postponed from Wednesday, 10 October 1990 to Friday, 12 October 1990 and was
          eventually cancelled by the Ayatollah. The Special Representative, therefore,
          requested, in line with the written indication given in his letter of
          17 September 1990, that he be permitted to visit Gohardasht prison in the
          afternoon of 10 October 1990. However, the Ministry of Foreign Affairs
          informed the Special Representative that it was not possible to comply with
          the request. The Special Representative further asked for assistance of the
          authorities in enabling him to meet Ayatollah Seyed Abolfazl Musavi Zanjani.
          It did not prove possible to have this visit arranged through official
          channels. The Special Representative was, however, able to make arrangements
          for a meeting with the Ayatollah directly and met him on 9 October 1990.
          E/cN.4/ 199 1/35
          page 62
          332. OEe programme of official meetings that took place during the visit is
          reproduced in appendix III of the interim report (A/45/697).
          333. On 9 October, the Special Representative and his team members
          co—ordinated their own programme of work with official proposals and
          incorporated the activities they would conduct without official contacts or
          assistance. This programme was considered chiefly with a view to allotting
          time for the examination of specific cases, mainly of prisoners and for
          interviews with a number of personalities in Iranian public life and
          individuals who, through contacts in Geneva, seemed willing to provide
          information on their experiences and observations concerning human rights.
          B. Meeting with representatives of the executive and judicial
          branches of Government
          334. The following paragraphs summarize the highlights of the interviews
          conducted by the Special Representative with governmental authorities. They
          are in chronological order.
          1. Meeting with the Deputy Minister for Foreign Affairs
          335. The Deputy Minister for Foreign Affairs, Mr. M. Mottaki, thanked the
          United Nations mission for coming and said that the first visit had opened a
          new chapter in the relations between the Islamic Republic of Iran and the
          United Nations. He pointed to the expanded role of the United Nations in
          world affairs and said that the end of the cold war would open a new chapter
          in international relations. Disarmament and human rights will be the two
          basic issues of the new age. OEe Islamic Republic of Iran is strengthening
          its spirit of co—operation with all nations and with the United Nations. OEe
          search for negotiated solutions to all international problems is another
          feature of the new age. OEe issue of human rights figures prominently among
          the concerns and goals of the Islamic Republic of Iran.
          336. Mr. Mottaki said that the Islamic Declaration of Human Rights bad been
          adopted by experts at the Islamic Conference and that the Declaration was
          taken up and adopted at the meeting of Ministers of the members countries of
          the Islamic Conference held at Cairo.
          337. Mr. Mottaki said that the Government of the Islamic Republic of Iran had
          examined closely the recommendations of the Special Representative. OEe
          Iranian Government was now in a position to refute the false allegations made
          by its political enemies. A Human Rights Department has been established in
          the Ministry of Foreign Affairs. Two seminars have been held in Iran — one
          locally, dealing with a comparison of human rights in the West and in Islam,
          and another dealing with Islam and Christianity from a human rights
          perspective. Preparations are under way for a third seminar in co—operation
          with the Centre for Human Rights planned for late January or early
          February 1991.
          338. Mr. Mottaki considered eight categories of recommendations issued by the
          Special Representative and said that they have all been considered by the
          Government. Substantial action has been taken on each recommendation. A
          letter addressed to the Special Representative summarizes the measures taken
          (see A/45/697, para. 12).
          page 63
          339. Mr. Mottaki referred to a pending matter: visits to prisons by the
          International Committee of the Red Cross (ICRC). OEe Red Cross has already
          been notified that the Government is prepared to allow visits by ICRC. OEe
          Special Representative could visit any prison he liked.
          340. OEe Islamic Republic of Iran abides by the teachings of Islam and wishes
          to co—operate with the international community, but this does not mean that it
          is prepared to disregard Islamic principles. OEe United Nations should
          distinguish between those States which systematically violate human rights and
          whose conduct derives from high—level policy, and those countries which
          occasionally commit a few violations.
          341. OEe Special Representative expressed the hope that the discussions with
          ICRC with a view to reaching a concrete agreement on visiting prisons could be
          concluded very soon. Mr. Mottaki replied that his Government saw no problem
          whatsoever in reaching an agreement with ICRC and hoped that visits to the
          prisons would begin very shortly.
          342. The Special Representative referred to two memoranda submitted recently
          and reiterated the importance of receiving official replies. Mr. Mottaki
          announced that the Special Representative would begin to receive specific
          replies in the course of his visit.
          343. OEe Special Representative gave Mr. Mottaki a list of 202 prisoners in
          connection with whose whereabouts, arrest or possible sentencing (see
          A145/697, appendix II), information had been requested and submitted the names
          of 26 prisoners he wished to visit. OEis list of 26, reproduced in
          appendix IV of the interim report, contained names of persons about whom the
          Special Representative had received information during or after his first
          visit to Iran.
          344. OEe interview concluded with an official statement by the Government that
          it would co—operate fully with the United Nations in general and the
          Commission on Human Rights in particular.
          2. Interview with the Minister of Intelligence
          345. On Wednesday, 10 October, at 9.30 a.m., Hojatolislani Fallahian, the
          Minister of Intelligence, was interviewed. OEe Special Representative
          requested clarification of certain matters which had arisen in the course of
          the investigations. In particular, he asked questions concerning the
          following: the role played by information or intelligence officers and agents
          in the trial of prisoners, chiefly in cases submitted to the revolutionary
          courts; the specific role of intelligence agents who worked with the
          prosecution and, particularly, their participation in interrogations; the
          hierarchical relationship between intelligence officers, Komitehs and Pasdaran
          (Revolutionary Guards); and the degree to which intelligence agents could act
          on their own initiative without express orders from their immediate superiors.
          346. The Minister spoke of plots against the Iranian nation and then referred
          to observations in the Special Representative's reports, which, in his view,
          did not do justice to Iran. With regard to the activities of his Ministry, he
          recounted many incidents of past years and referred to the hostile attitude of
          the foreign media. He said that the function of his Ministry is to prevent
          El CN. 4/1991/35
          page 64
          and bring to light cases of espionage and to preserve the culture and
          integrity of the Iranian nation. According to the Constitution, the people's
          rights must be respected and intelligence agents must act within the law both
          in making arrests and during trials. He then referred to bands of smugglers
          who attack private homes and mentioned cases of persons who had recently been
          killed by smugglers.
          347. The Minister went on to say that the Constitution establishes three
          branches: legislative, judicial and executive. In the executive branch, the
          revolutionary Komitehs and the Pasdaran maintain public order and security and
          are accountable directly to the President of the Republic; however, they
          perform their duties in respect of citizens' rights under the supervision of
          judges. The Pasdaran are under the Ministry of the Interior for matters of
          public order, under the Ministry of Defence for military matters. OEe
          Komitehs are under the Ministry of the Interior, and the intelligence
          officers, under the Ministry of Intelligence. Co—ordination takes place at
          the highest level, that of the President of the Republic.
          348. Commenting on the role of intelligence officers at trials, he said that
          it was not true that judges consulted them during the trials. In many cases,
          the judges do not accept testimony by intelligence officers and deny them
          permission to arrest suspicious persons. Indeed, while intelligence officers
          did participate in interrogations, they do so under the supervision of the
          judges. It is not true that they use any means, including violence and
          torture, to obtain confessions.
          349. Intelligence officers take orders; they are not independent agents. In
          certain cases, they may take initiatives, for example, when they see someone
          trying to enter the country with a false passport or someone planting a bomb.
          In such cases they can arrest the culprits. However, they must so advise the
          judge within 24 hours and he must decide whether or not there are legal
          grounds for the arrest. OEere is a department which oversees the activities
          of these agents and is responsible for punishing them. In some cases, they
          are referred to an administrative tribunal and, in very serious cases, to a
          military tribunal. Many agents have been dismissed or sentenced to prison
          350. The Minister reported that in addition to the Pasdaran, the Islamic
          Revolutionary Committees, the officials of his Ministry, the police and the
          gendarmerie were responsible for preventing and investigating ordinary crimes
          like homicide and robbery and ensuring the safety of the citizenry. Both
          police forces were under the supervision of the Ministry of the Interior.
          Lastly, the Minister of Intelligence said that, in his view, the Special
          Representative should focus the attention of world public opinion on the acts
          of aggression committed against the Iranian nation and adopt a clear stance
          denouncing and condemning acts perpetrated by terrorist organizations. He
          added that the family and relatives of the martyrs and victims of terrorism
          shared that feeling.
          351. Responding to a question from the Special Representative, the Minister
          said that there was no prison attached to the premises of the Ministry of
          Intelligence and that all detainees were subject to the authority of the
          Prison Organization. He then invited the Special Representative to visit the
          building complex where the Ministry has its offices so that he could make sure
          that there was no prison attached to or included in the building complex where
          the Ministry is located.
          El CN . 4/1991/35
          page 65
          3. Interview with the Special Prosecutor for Narcotic Drugs
          352, The Special Representative submitted the following questions to the
          Special Prosecutor, Hojatolislain Zargar: (a) How many drug traffickers have
          been executed in 1990? (b) How many are currently tried? (c) Row many of
          those being tried may be condemned to death? (d) How many of those condemned
          to death have seen their sentence commuted? (e) How many executions in public
          or mass executions have taken place during the last few months? In reply to
          these questions, the Prosecutor stated the following:
          353. He said that the number of traffickers who have been arrested since the
          first visit, including traffickers and consumers, comes to 9,201, of whom
          8,898 are addicts and have been sent to rehabilitation centres.
          Rehabilitation centres are still inadequate and, for that reason, the
          Government has requested assistance from international organizations. The
          remaining 303 are traffickers. Not all of the 303 traffickers can be given
          the death penalty; some will be sentenced to prison. Of the groups previously
          sentenced to death, six have had their sentences commuted.
          354. The Special Prosecutor said that the 1990 capital punishment figures are
          lower. In 1989, 4,113 persons were pardoned. Of tLiose 2,259 were released
          and 1,854 had their sentences commuted. Many obta ied permission to live at
          home for three days and some were already enjoying this benefit for the sixth
          355. He also stated that there had been no public executions since the first
          visit. At times 15 or 20 persons were executed in the prison courtyard. The
          Special Representative emphasized two points: the need to guarantee due
          process of law to traffickers and to reduce significantly the number of death
          sentences pursuant to the international Covenant on Civil and Political Rights.
          356. OEe Special Prosecutor referred to opium that is being processed into
          codeine at laboratories under his supervision. The codeine will be
          transferred to the Ministry of Health. A total of 1,320 kilos of heroin and
          9,090 kilos of opium were confiscated in the first six months of 1990. Those
          drugs were largely intended for European countries.
          357. The Special Prosecutor said that he would obtain an exact figure showing
          the number of persons executed in 1990 for the Special Representative through
          the Ministry of Foreign Affairs because he did not have it available at that
          time. The Special Representative asked whether consideration had been given
          to transferring jurisdiction over such crimes from the revolutionary courts to
          the ordinary courts, and the answer was no.
          358. At the suggestion of the Special Prosecutor the Special Representative
          briefly met two detainees convicted on drug trafficking charges who were
          working on the premises. One of them, who had admitted carrying 20 kg of
          opium from Kerman to Tehran, had been convicted to 18 years of imprisonment.
          The trial before the revolutionary court took place two years after his
          arrest. His sentence was later commuted to five years. The other prisoner
          had admitted carrying 7 kg of opium and was first convicted to a penalty of
          1 million rials. OEe Special Prosecutor, however, had protested against the
          sentence and one year thereafter, he was sentenced anew to 16 years of
          imprisonment. In 1987, the sentence was commuted to 15 years. Both were
          tried before revolutionary courts without the assistance of a lawyer. One of
          page 66
          them stated that the interrogators had beaten him during the period of
          investigation in order to obtain his confession. Both prisoners stated that
          their condition had improved, since they could now work on the premises of the
          Special Prosecutor. Once a month they were granted leave, usually for a
          period of three days.
          4. Interview with the Commission on article 10
          359. OEe Chairman of the Commission, Deputy Asgharzadeh, explained that the
          Commission on article 10 is composed of representatives from the three
          branches of government. The purpose of the Commission is to apply the
          constitutional principle of the people's right to form associations in general
          and political parties in particular. The Commission is made up of two members
          of Parliament, two from the judicial branch and one from the executive
          branch. The Secretary of the Commission is independent and the Minister of
          the Interior carries out the decisions of the Commission.
          360. The procedure is as follows: whenever a certain number of citizens wish
          to form a political party, they register the members' names and the leaders
          submit their personal documents and a charter of principles and objectives.
          The Commission considers such requests at its weekly meetings. The
          applicant's background is investigated, on the basis of reports from the
          security and judicial authorities.
          361. The Commission has four divisions: (a) The religious division, which
          places restrictions, for example, on autonomous groups or sects, which do not
          have the right to form associations; (b) The trade union and crafts division;
          (c) The division that deals with political groups wishing to function as
          political parties which are subject to restrictions relating to public
          security and co—operation with foreign political parties; and (d) The division
          that handles associations of groups engaged in social activities — i.e.,
          cultural or technical activities. Requests are considered in the order that
          they are received and authorization is granted to associations that are not
          political more promptly than to political parties. In the past year and
          a half, 20 to 22 associations were approved. Seven requests from minorities
          (Armenians), and a request from a political group in Tehran and another in the
          province of Khusestan are being considered.
          362. Replying to a question from the Special Representative, the Chairman of
          the Commission said that the request from the Association for the Defence of
          the Freedom and Sovereignty of the Iranian Nation is under review. As long as
          some leaders of this group are having security problems, this association
          cannot be authorized. Some members of this group are on trial and in prison
          on charges of espionage.
          363. The Special Representative also enquired about the reasons for the
          dissolution of the Bible Society. The answer was that it had been asked to
          appear before the Commission several times and bring its activities into
          compliance with the law. The Society also required authorization from the
          Ministry of Culture. Since it failed to submit that authorization, its
          activities were suspended. The Special Representative learned from a
          well—informed source that the Ministry of Culture and Islamic Guidance had
          refused to grant the authorization.
          36L . The Special Representative explained his ideas on the responsibility of
          individuals and societies and suggested that the doctrine which clearly
          H / CN .4/1991/35
          page 67
          distinguishes between the responsibility of individuals and the responsibility
          of associations should be accepted and applied. In his view, he continued,
          Iranian law projected onto associations what was exclusively the
          responsibility of the individual members. He was told in reply that this
          theory would presumably be taken into account when Parliament reconsidered the
          law on political parties.
          365. The Secretary said that the Commission has had difficulty in applying the
          law in force and that revisions have been considered and proposed for
          submission to Parliament.
          366. A discussion ensued on whether activities for the protection of human
          rights are considered political. The answer was that this topic has been
          debated time and again. The defence of human rights is in the interest of the
          people; however, certain groups claim to be defending human rights in order to
          mask political activities — at times, political activities designed to
          destabilize the Government.
          5. Interview with the Deputy Minister of the Interior
          367. Deputy Minister Atrian—Far said that it was natural that the Special
          Representative should have identified a number of ambiguous situations on his
          first visit; he hoped that any such situations would be cleared up during the
          second visit. Some ambiguities concerned the revolutionary courts, while
          others concerned political parties.
          368, Concerning the unification of the police, Pasdaran, Komitehs, gendarmerie
          and judicial police, their co—ordination had been entrusted to the President
          of the Republic with a view to improving their functioning and thereby
          guaranteeing citizens' rights. A bill for the integration of those security
          and protection forces had been approved. A thousand hours of work with
          experts had been devoted to the issue and the act was being implemented.
          369. OEe Ministry of the Interior must provide an organizational chart and job
          descriptions in order to implement the act within a year. Two months had gone
          by and the integration of all police forces would be complete within
          10 months. OEeir integration would considerably enhance efficiency.
          370. The Special Representative asked about the press. OEe Deputy Minister
          told him that the Ministry of Culture and Islamic Guidance would give him more
          information on that subject. He then gave some details. Anyone that was
          qualified to do so could publish ideas or news with his own resources and
          means. OEe Government considered it its duty to provide facilities to people
          who wished to engage in news activities and it therefore gave permission for
          the import of machinery and paper. The Government welcomed anyone who wished
          to engage in journalism, and also accepted criticism if it was presented
          “earnestly and truthfully”. Newspapers and magazines contained abundant
          criticism of the Government. The same approach was taken with political
          parties. OEe Government could not renounce that principle. Everyone must
          adhere to one basic, inviolable principle, namely, respect for the
          Constitution. The press and political parties must accept and adhere to the
          Constitution. That imposed certain responsibilities on writers. The Ministry
          of Culture and Islamic Guidance was responsible for applying the Constitution
          and therefore monitored publications and associations. It was lenient with
          them, however, even when there was cause for severity.
          E/ CN. 4 / 1991/35
          page 68
          37L No newspaper sent its articles for prior review by the authorities, but
          if an article was published containing erroneous or untrue information or if
          someone was insulted, the newspaper must give equal space to a correction.
          Otherwise, the complainant could take legal action.
          372. In the past 10 years, over 50,000 books on different topics had been
          published. OEe organization which had oversight of books monitored
          publishers activities. It also studied books before they were published and
          if it found them contrary to the Constitution or liable to corrupt or offend
          public dignity, it could ask the authors to correct the inappropriate or
          detrimental parts. The problem was almost always solved by negotiation and
          the authors were satisfied with the outcome.
          6. Interview with the Deputy Minister of Culture
          and Islamic Guidance
          373. Deputy Minister Aininzadeh said that he was sceptical about the activities
          of international organizations and that it would be a long time before Iran
          solved its international problems.
          374. The Ministry of Culture and Islamic Guidance was the product of the
          merger of two ministries, the Ministry of Art and Culture and the Ministry of
          Information and Tourism; the merger had beet designed to enhance their
          functioning. The Ministry of Culture and Isl inic Guidance worked with cinema,
          theatre, the performing arts, music, publications, books, art (painting,
          drawing, etc.), press, radio, television, printing, tourism, and pilgrimages
          to holy places. Radio and television were under the joint supervision of the
          three branches of Government.
          375. The Government had never been opposed to foreign films and television but
          had put a stop to propaganda that caused moral corruption. OEe same was true
          of music: the Government had never been opposed to music but had eliminated
          certain kinds of music which encouraged prostitution and corruption. The same
          had happened with other forms of artistic expression such as painting.
          Iranian films had won international prizes. Artists were aware that limits
          had been drawn to prevent corruption and that they must not overstep those
          376. Before the Revolution, many books had been banned. After the Revolution,
          the number of books published had increased enormously. There were sometimes
          arguments about permission to publish a book. When a book contributed to
          prostitution and corruption, its publication was not permitted.
          377. The press enjoyed protection and freedom, but anything that was contrary
          to Islam and public order was inadmissible. The press promoted Islamic
          values, opposed colonialism, promoted morality and upheld the policy of
          “neither East nor West”. The committee that granted permits for the founding
          of newspapers was made up of representatives of the three branches of
          Government, the universities, publishers and the Ministry of Culture and
          Islamic Guidance. There were 15 daily newspapers and 300 monthly, weekly or
          bimonthly magazines.
          378. The Special Representative asked what action the Ministry took with
          regard to the day—to--day activities of newspapers. He was told that if a
          newspaper insulted Islam, the Leader or the Government, it could be penalized
          by cancellation of its operating permit.
          E / CN. 4 / 1991 / 35
          page 69
          379. The Special Representative referred to the distribution of paper. The
          Deputy Minister replied that his Ministry distributed paper. Any authorized
          newspaper was entitled to the paper it needed. OEere were limitations on the
          allocation of paper. For instance, Kayhan and Ettelaat were daily papers with
          the potential to increase their circulation but there were limits on the
          amount of paper the Government could distribute at a relatively low price. No
          limitations had been placed on the amount of paper that the opposition press
          could receive.
          380. The Special Representative asked about the conditions for distributing
          paper for books. Paper was supplied to printers or authors. Books needed
          authorization before they could be published. There had been criticisms when
          the publication of some books had been allowed, but the only criterion for
          authorization had been moral, never political.
          381. The official interview over, the Special Representative talked to working
          Iranian journalists in the same building.
          7. Interview with the President of the Supreme Court of Justice
          382. The President of the Supreme Court of Justice, Ayatollah Moghtadaei, said
          that according to Islam, judges were answerable bef e God and sat among the
          prophets and that the place of trial was the place of God. Under Iranian law,
          a defence lawyer was necessary and mandatory and both the accused and the
          lawyer were given certain facilities. Sentences could be brought to the
          Supreme Court on appeal or for review. When the accused had not had a lawyer,
          the Supreme Court revoked the sentence. Parliament had just adopted an act on
          procedures under which, once the case was concluded, it was considered
          res judicata . The act enabled the President of the Supreme Court to consider
          the case and decide whether it needed to be reviewed.
          383. Under the Islamic judicial system, all individuals were equal. Only
          recently, at an annual nation—wide seminar, the President of the Republic had
          expressed satisfaction that the judiciary judged law—breakers strictly and
          equally. The Islamic legal order had special features with regard to respect
          for human rights. Iran was prepared to exchange views on those matters, to
          pass on its experience to others and to learn from the experience of others.
          384. Under the Islamic legal order, the purpose of bringing a person to trial
          was not punishment but rehabilitation. If the prisoner showed that he was
          sorry and could be rehabilitated, he was included in the list of those
          eligible for amnesty, even if much of his sentence remained to be served.
          Amnesty was granted to groups and individuals. Only rarely did prisoners
          remain in prison for the full term of their sentence.
          385. No one was ever arrested because he adopted a different ideological line
          from the Government. Baha'is were not arrested because they were Baha'is, but
          for specific of fences. The same was true of political prisoners: if they
          were arrested and executed it was because they had been involved in acts of
          violence. If the detainee or accused repented, he could be amnestied, even if
          he had committed horrendous crimes.
          386. Another question related to the campaign against drugs. OEe judiciary
          was determined to take vigorous action in that regard. Drugs were a problem
          in the country. Cases came to the Supreme Court, where they were reviewed. A
          sentence could be applied only with the approval of the Supreme Court.
          E/CN.4/ 1991/35
          page 70
          387 OEe Special Representative asked about cases in which a number of yo o
          elapsed between the guilty verdict and the actual sentencing. The Presidan :
          replied that that sometimes happened because further investigation were
          conducted. On other occasions, the prisoner could not be informed of tho
          sentence because the case was awaiting review. OEe sentence was mada known
          only when the Court had approved it. OEe prisoner could appeal onca he wns
          informed of his sentence. Prisoners sometimes did not know that their case
          had been passed on to the Supreme Court, which was why they complained and
          felt that an excessive period of time was elapsing between the guilty verdict
          and the sentence.
          8. Interview with the Political Deputy to the Read of the Judiciary
          388. The Political Deputy, Mr. Badamchian, said that the Freedom Movement and
          the Association for the Defence of Freedom and the Sovereignty of the Iranian
          Nation had published their manifestos freely during the war, even when these
          dealt with sensitive issues that affected national security. The Freedom
          Movement had not been authorized, but it had been active recently.
          Mr. Bazargan and other members were at liberty; other members of the Freedom
          Movement had been arrested on serious charges.
          389. The Association for the Defence of Freedom and the Sovereignty of the
          Iran ian Nation had been operating without authorization. It had declared its
          existence without authorization and had published illegal declarations; many
          of its members were actively involved in politics. Some of its members were
          being tried on serious charges. The Association had not been set up to defend
          human rights but as a cover for illegal political activities.
          390. The Special Representative said that, according to the information he had
          been given, the two groups had submitted applications in due form but had been
          denied authorization. Their property had been confiscated or frozen, since
          the authorities had occupied them, and their documents had been seized. OEe
          Freedom Movement had existed prior to the Revolution and had simply been
          required to adapt to the new legal statute. OEe Movement had filed an
          application and documents with the Ministry of the Interior and since the
          Ministry had not raised any objection within three months, the Movement had
          been tacitly authorized under the law in force.
          391. The Political Deputy replied that the Movement had engaged in sabotage
          and had had contacts with the country's enemies abroad. While it was true
          that it had been recognized before the promulgation of the new act on
          political parties and after it had filed an application with the Ministry, the
          application had not met the necessary legal requirements and the Movement
          could not be authorized. The members of the Movement had not been acting in
          good faith. The act which said that if no objection was raised within
          three months, the applicant organization was automatically recognized did not
          apply in that case.
          9. Interview with the Head of th Judiciary
          392. The Head of the Judiciary, Ayatollah Yazdi, said that the main source of
          Iranian law was the Holy Scriptures, which were intended for mankind's
          salvation. The Koran said: “I respect and honour mankind”.
          page 71
          393. The Special Representative drew the following situations to the attention
          of the Head of the Judiciary: (a) public trials were impossible in prisons;
          (b) some people who had been condemned to death had not had lawyers, and a
          person accused of spying, for which he could be sentenced to death, had been
          tried two years previously and still did not know his sentence; (c) the
          question of the applicability or the repeal of article 11/2 of the
          Administrative Regulations governing the Revolutionary Courts and Public
          Prosecutor's Offices of 1979.
          394. The Head of the Judiciary said that there was a principle whereby the
          interests of society must prevail over the interests of the individual. The
          international community paid little attention to that principle because the
          issue of human rights had been politicized. Such politicization undermined
          the enjoyment of those rights. In eight years of war, the international
          community had never concerned itself with the crimes perpetrated against the
          Iranian people. He then referred to recent events in Palestine and to the
          Gulf crisis.
          395. The Head of the Judiciary went on to say that no legal system protected
          human rights as thoroughly as Islamic law. The best evidence of that was the
          existence of groups which were opposed to Islamic principles, expressed their
          views publicly and were left in peace as long as they did not engage in armed
          396. Concerning the openness of trials, he said that court sessions were held
          at IIe Palace of Justice in the city centre and that no less than 20 trials
          were held each day, all of them public. When citizens were interested in a
          ase, larger premises were used. At Evin prison there were restrictions on
          access, but the principle of public trials was in force. In any case, the
          judge could prohibit access for reasons of public order.
          397. Everyone was entitled to defence counsel and when the accused could not
          obtain it, the court provided it. Since that was the accused's right, if the
          accused said that he considered himself better equipped than the lawyer to
          conduct his defence, he was not forced to accept the lawyer. OEe Special
          Representative said he had observed that, in practice, accused persons tried
          by the revolutionary courts did not have a lawyer.
          398. The Head of the Judiciary said that in the case of ordinary of fences,
          when the parties reached a compromise, the proceedings ended. In cases of
          espionage, after the accused had been arrested and the accusation
          substantiated, the investigation and gathering of evidence began. Evidence
          was weighed by the judge. If it was deemed adequate, sentence was passed.
          399. Crimes could be committed by individuals or groups. In the latter case,
          the accused could not be informed of the charges against them during the
          investigation stage because that would prejudice the outcome of the
          investigation. Concerning the applicability of article 11, he said that
          decisions of the revolutionary courts were not final: the accused could
          appeal them or request that they be reconsidered and the Supreme Court could
          review them.
          page 72
          10. Interview with the Judicial Deputy to the Head of the Judiciazy
          400. The Judicial Deputy, Dr. Mehrpoor, referred to the Islamic Declaration of
          Human Rights and to the Special Representative's previous report. He said
          that comparative study of the Islamic system and the interna iona1 system had
          begun with particular reference to human dignity and the right to life,
          drawing comparisons between Islam and Christianity. Concerning the ccd fo
          defence counsel, he said that the Constitution provided that . .a ye:c must
          assist the accused in court. The Head of the Judiciary had made a statement
          on that point. Concerning the crediting of the period of pre—trial detentic
          to the term of imprisonment imposed by the sentence, he said that under a bill
          currently being drafted detention prior to the date of the verdict would have
          to be credited to the term of punitive detention. He added that many people
          had been amnestied, and provided a list which is reproduced in appendix VII of
          the interim report. He said that the rules of Islamic law could not be
          repealed: the penalty of flogging, for instance, was provided for in Islamic
          law. However, it was being imposed less and less frequently, for it was
          usually replaced by a fine or imprisonment. The Special Representative said
          he hoped that flogging would be replaced by fines in all cases.
          401. Concerning the revolutionary courts, the Judicial Deputy said that the
          sentences passed down by those courts could be appealed, or reviewed by the
          Supreme Court of Justice. The act allowing for the possibility of appeal or
          review had been promulgated two years previously. Article 11/2 of the
          Administrative Regulations governing the Revolutionary Courts and Public
          Prosecutor's Offices of 1979, which provides that “judgements of the
          revolutionary courts shall be final and no revision be made thereon”, had been
          tacitly repealed because the 1988 Act on appeal procedures took precedence,
          particularly its article 5 which stated: “With regard to the decisions of
          penal 1, legal 1, military 1, special civil and revolutionary courts which
          have been reversed by the Supreme Court, the authority for revising and
          passing a new judgement is a court equal to the court which had passed the
          first judgement”.
          11. Interview with the Minister for Foreign Affairs
          402. On Monday, 15 October, the last day of his visit, the Special
          Representative was received by the Minister for Foreign Affairs,
          Mr. Ali Akbar Velayati. The Special Representative summarized the main points
          of his visit and thanked the Iranian Government for its co—operation. The
          Minister said that it was his Government's policy to continue its co—operation
          with the Special Representative. He said he hoped that by now, at the end of
          his second visit to the country, the Special Representative was able to see
          that the allegations of human rights violations were false and that the
          situation of human rights in the Islamic Republic of Iran was comparatively
          better than in other countries of the so—called “third world”. The Minister
          expressed surprise that the Commission on Human Rights should have decided to
          examine the situation of human rights in his country and not the situation in
          other countries where respect for those rights was known to be much worse. He
          said he hoped that such discriminatory treatment was not politically motivated
          or designed to put pressure on his country. He also hoped that the Special
          Representative had not been pressured by other Powers or groups.
          E/CN.4/l99 J
          page 7
          L O3. The Special Representative replied that he had not been pressured by any
          Government — neither the Government of the Islamic Republic of Iran nor other
          Governments — or by individuals or groups. In any case, his sense of duty
          woul make hilD reject any attempt to pressure him.
          40A . The Minister said he hoped that at its next session, the Commission on
          Human Rights would change its attitude to the Islamic Republic of Iran.
          Otherwise,, a sector of national public opinion might interpret the official
          attitude of co—operation with the Special Representative and the Commission on
          Human Rights as a mistake. in any event, international monitoring of the
          human rights situation in the Islamic Republic of Iran should not continue
          indefinitely. The country could not tolerate such monitoring for long. If
          the Commission on Human Rights did not change its attitude to the country,
          some hard—liners within the country would argue that the conclusions of the
          Special Representative's reports and his visits to the country, as well as the
          voting within the Commission, were politically motivated.
          405. The Special Representative expressed satisfaction that the Government had
          acted on one of the recommendations made in his earlier report and had invited
          the International Committee of the Red Cross (ICRC) to visit Iranian prisons.
          However, an agreement would have to be concluded with ICRC so that prison
          visits could begin as soon as possible. The Minister said that a high—level
          ICRC delegation had already visited the country and that a director would be
          arriving shortly to work out the details of the agreement. Once the necessary
          arrangements were made, ICRC would be able to begin its work immediately and
          make regular prison visits. The Minister mentioned that the Special
          Representative had been able to interview, in private and in complete freedom,
          many of the prisoners he had asked to see. That was a demonstration of the
          Government's trust, for he bad even been allowed to interview people convicted
          of supplying information on national security to foreign Powers.
          406. OEe Special Representative then asked the Minister for a detailed
          Government response to all the allegations of human rights violations
          contained in his earlier reports and in the two memorandums submitted in
          1990. Such replies were crucial to the performance of his mandate. He also
          asked that the Government respond to his requests made on purely humanitarian
          and non—political grounds. The Minister answered that his Government would
          provide such replies, some of them before the end of his visit, and that it
          would consider his humanitarian requests.
          407. Lastly, the Minister expressed satisfaction at the holding at Tehran
          University of a seminar on human rights in international law and Islamic law,
          which had been attended by eminent legal experts and philosophers from Germany
          and a number of Islamic countries and had formulated valuable conclusions.
          12. Final interview with the Deputy Minister for Foreign Affairs
          408. After the meeting with the Minister for Foreign Affairs, the last
          official meeting of the visit took place. Deputy Minister for Foreign
          Affairs Mottaki recalled that during the Special Representative's first visit
          there had been a discussion of the particular features of Islamic human rights
          principles and the Government's attitude of co—operation with the Special
          Representative and the Commission on Human Rights had been confirmed. It was
          in keeping with that attitude of co—operation that the Special Representative
          had been invited to visit the country a second time. One practical result of
          page 74
          that co—operation was that talks had begun with senior ICRC officials on
          authorizing members of ICRC to make regular prison visits, as recommended by
          ctke peciai Representative. A specific agreement to that effect would be
          reacned shortly.
          Q9, concerning the Special Representative's recommendation that the right of
          all accused persons to legal counsel must be guaranteed, he said that a bill
          o chat effect, which would expand on the relevant provision in article 35 of
          cne Jonst tution, had been presented to Parliament. Legal counsel would even
          be available before the oral proceedings, in other words, during the
          investigation of the detainee.
          4.LO. The Deputy Minister for Foreign Affairs also said that, in keeping with
          che role played by compassion in Islam and with the Special Representative's
          recommendations, the policies of amnesty and pardon had been developed and
          expanded. Moreover, concerning the recommendation that comparative studies
          and seminars be conducted on the international system for the definition and
          protection of human rights and the Islamic system, he said that the progress
          made included the recent holding of a seminar at Tehran University. Further
          to another of the Special Representative's recommendations, the Government had
          decided to request assistance from the Centre for Human Rights, under the
          latter's prograimne of advisory services, for a comprehensive, long—term
          411. Concerning the number of executions, he said that further to one of the
          Special Representative's recommendations, the number of executions had
          declined significantly since 21 March 1990, the date of the Iranian New Year.
          The purpose of executions was not only to punish criminals but also to deter
          others from committing of fences. However, executions were being carried out
          only for the most serious crimes, such as drug trafficking, espionage and
          murder. In that connection, be handed over a list of 113 executions carried
          out since the Iranian New Year (21 March 1990). According to that list,
          32 people had apparently been executed for ordinary crimes, 71 for drug
          trafficking, 4 for activities contrary to national security, co—operation with
          armed groups and drug traffickers, 3 for terrorist acts, 2 for espionage and
          one on unspecified charges.
          412. Concerning replies to the allegations transmitted by the Special
          Representative, the Deputy Minister for Foreign Affairs said that the
          Government would do its best to reply to all the allegations made. However,
          those allegations would have to refer to problems in applying the law, the
          severity of penalties in relation to the crimes committed, or consistency
          between the penalties imposed and the laws in force. They could not be
          allegations questioning the Islamic legal system, laws or, specifically, the
          provisions of the Penal Code of the Islamic Republic. Those were issues which
          must be dealt with in other, primarily academic, forums and in other
          circumstances. The Deputy Foreign Minister also announced that the Government
          had presented to Parliament a bill under which the time spent in prison before
          sentence was passed must be credited to the term of punitive detention. The
          Special Representative expressed satisfaction at that initiative. ,
          413. The Deputy Minister for Foreign Affairs also said that the Islamic
          Republic was open to anyone who wished to examine the situation of human
          rights there. In that connection, he announced that the Government was giving
          favourable consideration to a request by Amnesty International to visit the
          E/CN. 4/1991/35
          page 75
          coufltry. Hc also reported that the Head of the Judiciary had replied to many
          1e ers cunta ning allegations. He said that there was complete freedom of
          expression n e country and that a wide variety of views existed on domestic
          anj. inte naLi nal issues. No one was being investigated or detained simply
          bc aust 3f is political views and any citizen could express his political
          views openly every day in the mass media, on the street or in the mosque.
          Parliament reflected the diversity of political views in the country.
          414. :he Deputy Minister for Foreign Affairs next referred to the Special
          Represefltative's visit to Evin prison. He said that the Special
          B.ep:esentative had been able to interview in complete freedom most of the
          prisoners he had asked to see, including those accused and convicted of spying
          for enemies of the nation and of attempts on the security of the State. He
          added that the reasons why he had not been able to interview the other
          prisoners had been explained to him at the time: they bad been released, they
          had been on temporary leave from the prison, or their trials were at the
          investigation stage and the prosecutors had not given the necessary
          authorization. In any case, the Government had trusted the Special
          Representative enough to let him interview people who had supplied foreign
          Powers with highly strategic internal information, even in wartime. That
          demonstrated the Government's attitude of co—operation towards the Special
          Representative and the Commission on Human Rights. If that co—operation was
          to continue, however, prejudiced attitudes and preconceptions about the
          situation of human rights and fundamental freedoms in his country would have
          to be abandoned, the remaining obstacles would have to be removed and there
          would have to be an end to the double standard whereby the human rights
          situation was investigated in some countries but not in others where there
          were more serious and systematic human rights violations. He hoped that the
          meetings of the Third Committee of the General Assembly would mark the opening
          of a new chapter in co—operation between the Islamic Republic of Iran and the
          United Nations.
          615. Lastly, the Deputy Minister for Foreign Affairs handed over to the
          Special Representative a list giving official Government information on the
          alleged executions of 3,620 people mentioned in different reports of the
          Special Representative (E/CN.4/1988/24, E/CN.4/1989/26, A/44/620 and
          E/CN.4/l990/24). The information in the list had been compiled by the
          Statistics Department of the Ministry of Justice, the Police Identification
          Unit and the Registry and Statistics Organization. A summary of the list is
          contained in appendix VI of the interim report.
          416. The Special Representative thanked officials of the Ministry of Foreign
          Affairs and the Government for the facilities and co—operation extended to him
          during his visit.
          C. Hearing of prisoners at Hvin prison
          417. The visit to Evin prison took place on 13 October 1990. The Special
          Representative was received by the Chief of the prison administration for the
          Tehran area, his deputy, the director of Evin prison and an official of the
          Ministry of Foreign Affairs. The Chief of the prison administration explained
          that there were presently some 2,000 prisoners detained at Evin, of whom
          60 per cent had been sentenced on charges relating to the use or trafficking
          of narcotics, 35 per cent were common criminals and only 5 per cent (between
          100 and 105 persons) were political prisoners. He added that all political
          E /CN .4/1991 / 35
          page 76
          prisoners of Tehran province were detained at Evin. The Director oi Evin
          prison again stressed the special character of the Iranian prison system which
          was aiming at the rehabilitation and re—education of offenders. That
          explained the frequency of amnesties as well as the possibility for many
          prisoners to be granted leave which could range from three days tp to a year.
          Leave could be granted both to common and political prisoners. OEe prison
          officials expressed regret that the Special Representative had chosen mainly
          persons who were known as opponents to the government, or had teen newly
          arrested, because there had been little time for the authorities to influence
          in a positive manner their misguided convictions. He further stressed that
          the prison administration must be given an opportunity to defend itself
          against any unjust accusations that might be voiced by any prisoners the
          Special Representative would see.
          418. Since the Special Representative had already visited various
          installations at Evin prison, he requested that his visit be devoted this time
          exclusively to a hearing of the 26 prisoners he had selected. OEe 26 names
          given to the authorities on 9 October 1990 concerned cases on which the
          Special Representative had received particularly detailed information. They
          can be classified into the following categories: (a) prisoners allegedly
          convicted and sentenced to execution; (b) prisoners allegedly subjected to
          torture; (c) prisoners who allegedly suffered reprisals after having met the
          Special Representative during his first visit; (d) prisoners of foreign
          nationality; (e) prisoners belonging to the group of persons who had signed
          the open letter of former Prime Minister Bazargan to the President;
          (f) prisoners belonging to the Baha'i community; and (g) a group of female
          prisoners, two of whom the Special Representative had seen during his first
          419. The Special Representative was told upon arrival at Evin prison
          on 13 October 1990 that, for various reasons, it would not be possible to see
          all 26 persons. The Special Representative, therefore, handed to the
          authorities an additional list of six persons.
          420. The Director of Evin prison explained that two persons appearing on the
          first list had been released, four persons had been granted leave, and that
          two persons were detained at Arak and Karaj, respectively, and could,
          therefore, not be met at Evin. For a group of 10 prisoners (6 on the first
          list and 4 on the second) he had not received authorization from the
          prosecutor to present them to the Special Representative, since their cases
          were still under investigation. The Special Representative pointed out that
          the cases of other prisoners whom he would be allowed to meet were also under
          investigation, in some instances even in connection with the same offence of
          which other prisoners whom he would not be permitted to see were charged.
          421. Appendix IV of the interim report contains the names of all those
          prisoners which the Special Representative had requested to see, as well as
          the reasons given by the authorities with regard to those with whom he could
          not meet. .
          422. Among the persons who were not available for a hearing by the Special
          Representative was Mr. Roger Cooper, whom the Special Representative had
          unsuccessfully tried to see during his previous visit. Asked about the
          reasons, the Director of Evin replied that the trial of Mr. Cooper was still
          pending. The Special Representative recalled that, on his first visit, he had
          El CN. 4/1991 / 35
          page 77
          been told that Mr. Cooper had been sentenced to 10 years in prison and that
          his sentence was being translated into English. The Director said that the
          trial was not over because the sentence had been appealed. The Special
          Representative said he did not consider this a valid reason for refusing to
          let Mr. Cooper see him, for the interviews were neutral and had nothing to do
          with the status of trials. Mo eover, some of the other prisoners he was going
          to interview had appealed their sentences and he did not see why Mr. Cooper's
          case should be handled any differently. The Director replied that a new
          accusation had been made against Mr. Cooper and another trial had begun,
          related this time to moral issues. He then confirmed that Mr. Cooper had been
          sentenced to 10 years of imprisonment.
          423. During the ensuing interviews, which took place in an office of the
          administration of Evin prison without the presence of Iranian officials, the
          Special Representative spoke briefly with the following persons:
          Mr. Jainshid Amiri—Bigvand, Mr. Bahxnan Agahy, Mr. Hooshang Ahinadi Bigvand,
          Mr. Noureddine Kianouri, Ms. Meriain Feirouz, Mr. John Pattis,
          Mr. Nour Au Tabandeh, Mr. Ali Ardalan, Mr. Farhad Behbahani,
          Mr. Hossein Shah Hosseini, Mr. Bad u1l h Sobhn , Ms. Sakineh Sedaghat,
          Mr. Ezzatollah Sahabi and Mr. Khossro Mansourian.
          424. The Special Representative first received Mr. Kianouri, the former
          Secretary—General of the Tudeh Party, whom he had already seen during his
          first visit and who, on that occasion, had made serious allegations of
          torture. He also saw his wife Meriam Feirouz. Concerning both persons,
          allegations have been received that they had suffered reprisals subsequent to
          the Special Representative's first visit (see A145/697, para. 76).
          Mr. Kianouri stated that the permission given to him to see his wife and
          daughter once a week for one hour had been reduced to one telephone call to
          his wife every four weeks and one visit from his daughter every two weeks.
          However, he had not been placed in solitary confinement, as alleged, and three
          weeks before, the previous rhythm of visits was again being applied. He
          appeared to be in better physical condition than in January 1990.
          Mr. Kianouri further stated that he had requested that permission be given to
          his wife to urdergo surgery outside the prison, but that the authorities had
          so far not acceded to this request. Mrs. Meriazn Feirouz referred to various
          types of torture inflicted upon her at the beginning of her detention, which
          started in 1982. This torture had resulted in the loss of hearing in one ear,
          considerable difficulty in swallowing food and various other consequences as a
          result of heavy beatings. She requested that she be allowed to give her
          statements standing, as she suffered pain when sitting. Given her physical
          condition, she had requested the prison authorities not to oblige her to share
          a cell with others and this had been granted. On the other hand, the lack of
          company had resulted in serious psychological strain. She also said that
          during the eight years of her detention, and particularly during the past
          three years, she had received sympathetic treatment from a number of persons
          within the prison.
          425. The Special Representative then met Messrs. Ardalan, Behbahani,
          Mansourian, Sahabi, Shah Hosseini and Tabandeh, who had signed the open letter
          of former Prime Minister Mr. Bazargan to the President of the Islamic Republic
          of Iran. These persons stated that they had been arrested in June 1990, some
          20 days after the publication of the open letter, and since then had been kept
          in solitary confinement, some at Tohid prison (formerly called Central Komiteh
          Prison) and at Evin prison. While some of them stated that they had received
          written charges, others said that they had learned of the accusations
          E/CN.4/ 1991 / 35
          .— page 78
          indirectly through questions put to them by their interrogators. According to
          the detainees, the charges varied from case to case, such as “measures
          offending national interest and sovereignty”, “participation in activities
          against the revolution and national interests”, “publication of the open
          letter and dissemination of its content abroad”, etc. In several instances,
          the interrogators alleged that there had been a co—operation between the group
          of signatories of the open letter and a forei i intelligence agency and that
          by publicizing the letter abroad the group had played into the hands of the
          enemy. Mr. Ardalan, the Chairman of the executive committee of the
          Association for the Defence of Freedom and the Sovereignty of the Iranian
          Nation, categorically denied that the Association had attempted to become a
          political alternative to the present Government or had ever engaged in
          activities that could be construed in any way as espionage. If any of the
          co—signatories of the open letter had had contacts abroad, this was a private
          initiative of the individual concerned and not a policy of the Association.
          Mr. Behbahani stated that the authorities had resented that the open letter
          had reached foreign media. In this connection, he was questioned about a
          visit to the United States where he had met friends nine months before his
          arrest. He stressed, however, that he had neither been accused of, nor had he
          confessed to, any charges of espionage. When he appeared on television on
          6 August 1990, he had simply admitted to have realized that the position taken
          by the group of signatories was in conformity with the policy of a foreign
          Power and that, as such, their position was wrong. He also expressed himself
          in favourable terms with regard to prison conditions. He said that the
          treatment was satisfactory and the food superb. OEis contrasted sharply with
          statements by others who complained about the extended duration of solitary
          confinement (at Tohid prison in cells not bigger than 3 x 1.17 metres) for
          which there was no legal limit as long as the case remained under
          investigation, the very rare occasions on which contacts with relatives had
          been permitted and the lack of legal counsel. In one case, severe beatings
          were alleged. Generally, most of the persons belonging to this group appeared
          to be under great stress. Some of them requested specialized medical
          treatment from outside the prison, in view of their ailments, advanced age and
          the difficult conditions of four months of solitary confinement.
          426. The Special Representative also met Messrs. Atniri—Bigvand, Agahy and
          Abmadi Bigvand, all accused of espionage. The first two persons confirmed
          that they had been tried and sentenced to execution, whereas the third person
          declared that his trial had taken place two years ago and that he was still
          awaiting to be informed of the sentence. Their trials had taken place before
          a revolutionary court, without formal charges or defence counsel. One of them
          stated that his trial had lasted only 15 minutes. The two convicted persons
          had made confessions on television and had appealed against the verdict. They
          had not been informed of the follow—up to their appeals.
          427. The Special Representative also saw Mr. John Pattis, a United States
          citizen sentenced to 10 years' imprisonment on spying charges. Mr. Pattis
          said that he had admitted having worked for a foreign intelligence agency.
          During the investigations, he had never been presented with formal charges and
          was held for three months in solitary confinement. In September 1986, he made
          a public confession on Iranian television. His trial before a revolutionary
          court took place in March 1987 before one judge, one representative of the
          prosecutor and one interpreter. There were three witnesses of the prosecution
          and the court session lasted approximately four hours. He had not benefited
          from legal counsel and the sentence was passed with the annotation that it
          E /CN. 4 / 1991 / 35
          page 79
          could not be reduced. Since then, he had received three consular visits, in
          1987, 1988 and 1989, from the United States Interest Section at the Swiss
          Embassy. He had not been tortured but had received threats. He was being
          held in a cell with two other foreigners (Mr. Cooper and a prisoner of German
          nationality) and affirmed that prison conditions had improved significantly
          before the Special Representative's two visits.
          428. Mr. Sobhani, a retired employee of the Ministry of Education, stated that
          he had been arrested a month before, as he was unable to repay the pension he
          received during the past 14 years. This had been requested since he was a
          Baha'i. He was simply told by the authorities that, as long as his family
          could not pay his bail, he would remain in prison. He had never been formally
          charged, nor had he been presented to a judge. Since he had no hope of ever
          being able to pay the requested sum, he feared that he would be imprisoned for
          the rest of his life.
          429. The Special Representative also received Ms. Sakineh Sedaghat Rashdi, who
          was arrested in 1988 while trying to leave the country illegally. She was
          sentenced by a revolutionary court to three years' imprisonment, without
          access to legal counsel and stated that she had recently received permission
          to leave the prison for one week and was receiving visits from members of her
          D. Trial proceedings at Evin prison
          430. The Special Representative had requested the opportunity to be present at
          trial proceedings of a revolutionary court concerning an offence for which
          capital punishment may be pronounced. On 14 October 1990, he was invited to
          attend trial proceedings at Evin prison which, however, appeared to concern an
          offence (armed robbery and banditry) that does not fall into the competence of
          revolutionary courts. According to official information received from the
          Ministry of Foreign Affairs, revolutionary courts are competent for the
          following cases: “All crimes committed against the internal and external
          security of the State, or related to corruption on earth or war against Allah;
          attempts against the life of political authorities; all crimes related to
          narcotics and smuggling; all cases related to murder, massacre, imprisonment
          and torture with the purpose of consolidating the Pahiavi r gime and
          suppressing the struggle of the Iranian people, both as perpetrator and
          abettor; misappropriation of public funds and profiteering and hoarding of
          431. A judge presided over the hearing in the presence of nine accused and
          five victims. OEere was a defence lawyer who asked to speak at the end of the
          hearing, before sentence was passed. OEe judge read out verses from the Koran
          and then asked the accused to introduce themselves and answer questions. The
          prosecutor read out the accusation, mentioning eight different acts of armed
          robbery committed by the nine accused. The six victims then testified.
          432. The prosecutor asked each of the accused whether they admitted to having
          committed the offences, and all of them answered in the affirmative. The
          judge repeated the question, asking the accused whether they admitted to the
          of fences; they again answered in the affirmative. The judge asked each of
          them what he had to say in his own defence and they all answered that they
          simply begged forgiveness. He then asked one of them why he had committed the
          page 80
          offence and the answer was one word: “stupidity”. The judge asked whether
          they were ready to apologize to the victims and some of them simply said no.
          433. The judge turned to the victims. The first of them said that he held to
          his version that the attackers had used weapons, even though they denied
          this. One of the plaintiffs said that one of the accused had apologized to
          him but the other two had not, and that if they apologized he would withdraw
          his complaint. Each plaintiff in succession then described his reactions and
          E. Information received by the Special Representative
          from non—governmental sources
          434. The Special Representative was informed by the Minister for Foreign
          Af fairs that a number of Iranian non—governmental organizations had requested
          the Ministry to arrange for meetings with him during his stay in Tehran. The
          Special Representative accepted this request and, on 12 October 1990, met
          representatives of the following organizations: Organization of Iranian
          Women; Workers' House; Organization for Defending Victims of Violence;
          Association of Families of Martyrs; Teachers' Association; Writers'
          Association; Association of High School Students; and Organization for the
          Defence of Victims of Violence.
          435. The Organization of Iranian Women stressed that women enjoyed freedom in
          absolute terms without any limitations. They stated that women had freely
          chosen the law of Islam and that their only complaint was that not all Islamic
          rules were as yet fully implemented. They thought it a cruelty to pretend
          that men and women are equal, since the two sexes had very distinct
          436. The representative of Workers' House explained that that organization was
          the principal trade union of the country and participated in the work of the
          International Labour Organisation. He stated that many of its leaders had
          been assassinated by counter—revolutionary groups and that they still feared
          for their safety. The most recent assassination had taken place at Sanadaj
          some two weeks before. He described the union's relationship with the
          Government as satisfactory, although not all promises had been fulfilled and
          difficulties with regard to housing and the level of salaries still existed.
          However, the organization had realized the limitations that the Government was
          facing in this regard in view of the consequences of the war that had been
          imposed upon it.
          437. The Organization for Defending Victims of Violence presented several
          witnesses, three of whom stated that they had been former members of the
          Mojahedin Organization, They had subsequently been imprisoned and amnestied.
          All of them stated that they had received “humane and Islamic treatment” while
          in prison. At present they did not have problems with the authorities but
          were living in constant fear of reprisals by the Mojahedin Organization. One
          of them said that he had been given a job in the administration. A fourth
          witness said that he was a former communist but had realized that his activity
          as a journalist for communist publications was equivalent to the crime of
          spying. Two persons presented by the Organization, Ismail Asghar—Nejad and
          Mohammad Shabanzadeh, stated that their names had been included in a list
          published by the Mojahedin Organization of persons allegedly executed by the
          Government. They showed their identity cards, of which photocopies were
          E / CN.4/1991 / 35
          page 81
          taken. The name of the first person appears in the list of alleged executions
          annexed to the Special Representative's report to the forty—fifth session of
          the Commission on Human Rights. The name of the other person does not figure
          in any list available to the Special Representative.
          438. The Association of Families of Martyrs requested the Special
          Representative to devote particular attention in his report to the problem of
          terrorist acts committed by the Mojahedin Organization and, in this
          connection, reported several killings. The Special Representative was also
          asked to reaffirm the specific rights of the martyrs of terrorism. The
          Association further referred to the Baha'i community, which they accused of
          financially supporting the State of Israel. Those Baha'is who refrained from
          such activity did not suffer any discrimination in the country.
          439. The Association of Teachers referred to certain problems that those in
          their profession were facing, which they, nevertheless, fully accepted. The
          difficulties they mentioned concerned economic restraints for schools,
          limitations for women with regard to pursuing certain university studies and
          limitations for Armenians and Kurds regarding the teaching of their respective
          languages and culture in their schools. They also complained that it was not
          admissible to criticize the Government for such situations.
          440. The Writers' Association, represented by three women, referred to the
          strict control to which they had been subjected during the Government of the
          Shah. The main problem they were facing at present was the fact that they
          were not allowed to write about non—religious subjects. Numerous members
          wished to describe the problems of present—day Iranian society in the form of
          a story. This was, however, not permitted. All literary works required the
          approval of the Ministry of Culture and Islamic Guidance and it was impossible
          to have paper allotted by the Government and have literature published without
          such approval. The association considered itself in opposition to the
          Government, but wanted to underline clearly the distinction between themselves
          and any opposition groups existing outside the country. They stated that the
          Government did not prevent unarmed opposition.
          441. The Association of High School Students informed the Special
          Representative that an organization of guardians of the Islamic society had
          been established in every high school, which resulted in certain limits with
          regard to the freedom of expression and instruction. Generally, they
          complained that standards of teaching were low and that classes were
          over—crowded. Although secondary education was free of charge, important
          expenses had to be incurred by the families for books and teaching material.
          For that reason, they had decided to leave the organization of Guardians and
          to create their own association. This did not mean, however, that they were
          political opponents of the Government or that they sympathized with the
          Mojahedin Organization, whose members they considered as terrorists.
          442. The Association of Students explained their objectives as encompassing
          the struggle for freedom of expression, the promotion of sound intellectual
          and political activities, and a campaign against oppression and anti—human
          movements. The Association presented various allegations concerning the
          activities of the Mojahedin Organization.
          443. The Association for the Defence of the Victims of Violence also denounced
          several attacks by the Mojabedin Organization.
          E / CN .4/1991 / 35
          page 82
          444. At the request of the Ministry of Foreign Affairs, the Special
          Representative also paid a brief visit to the Institute for International
          Studies. The Director of the Institute explained that, already in the late
          nineteenth century, a similar institution was founded which was later
          incorporated into the University of Tehran. In 1973, a new Institute,
          separate from the University, was created. It was seized in 1980 and
          re—established in 1983. At present 380 students studied at the Institute, of
          whom 100 were staff members of the Ministry of Foreign Affairs. Four
          permanent professors and several invited professors gave courses on the
          practice of diplomacy and negotiations. Every year a number of students
          attended the session of the General Assembly. Owing to the lack of time, the
          Special Representative briefly greeted the students, but was not in a position
          to give a lecture to them, as had been requested.
          F. Information received from private persons
          445. During his stay at Tehran, the Special Representative once again paid a
          visit to Mr. Mehdi Bazargan, first Prime Minister of the Provisional
          Revolutionary Government, who received him in the company of Dr. Yazdi, former
          Foreign Minister of the same Government. Mr. Bazargan expressed great concern
          over the detention of signatories of his open letter to the President and
          emphasized the illegality of both the arrests and the fact that the
          authorities had voiced accusations in public, in particular, such serious
          charges as espionage. The latter violated the principle of presumption of
          innocence of the accused. Mr. Bazargan pointed out that, after the arrest,
          he had sent a series of additional letters to the authorities, in
          particular the Head of the Judiciary, of which he handed copies to the
          Special Representative. He said that he had never received any reply to those
          446. The open letter criticized the Government for the worsening economic and
          social situation and the lack of freedom and security in the country. It
          accused the Government of mismanagement and of an extremist foreign policy
          which has led to the country's isolation in the international community. The
          signatories of the letter invited the President and his Government to take the
          following measures and policies:
          “(a) To prevent the perpetration of violations and destructions in
          the country and to avoid signing subjugating and not nationally
          supervised agreements with foreigners;
          “(b) To restitute the legitimate rights of people stipulated in
          chapters 3 and 5 of the Iranian Constitution and to stop suppressive
          policies of some [ government] institutions and organs;
          “(c) To safeguard and guarantee freedom of activity for those
          political parties and associations and press which have legal and open
          “(d) To provide opportunities for free and undisturbed debate's,
          talks and exchange of views for the purpose of resolving problems of the
          country and seeking sincere co—operation of people and eventually paving
          the way for establishing the legitimate rule of the people.”
          page 83
          447. Mr. Bazargan further stated that none of the arrested persons had been
          allowed to avail themselves of legal counsel, that virtually all were held in
          isolation and that their contacts with relatives and friends had been
          extremely limited. As he had stressed in various letters to the authorities,
          it was illegal to detain persons without informing them of the charges held
          against them within 24 hours and keep them in solitary confinement for such
          extended interrogation by agents of the Ministry of Intelligence without
          passing the cases to the competent courts. He also drew the Special
          Representative's attention to the precarious health situation of some of the
          detainees. He further mentioned that the offices of both the Freedom Movement
          (the party of which he was president) and the Association for the Defence of
          Freedom and the Sovereignty of the Iranian Nation had been closed by the
          authorities and that all their files had been confiscated. According to an
          announcement of the revolutionary prosecutor, the Association for the Defence
          of Freedom and Sovereignty of the Iranian Nation had been prohibited.
          However, the revolutionary prosecutor was not competent to make such a
          statement and a ruling concerning the dissolution of a political party or
          association, in accordance with the existing laws on political parties and
          associations, could only be made by a special court of the Ministry of Justice
          upon a complaint by the Minister of the Interior. With regard to his own
          party, the Freedom Movement, no formal decision had been taken, but since its
          building and files had been confiscated, its activities were de facto
          restrained. OEe Freedom Movement had provided all the information required by
          the Ministry of Interior in accordance with the Law on political parties and
          the Minister had not declared its functioning illegal within the three—month
          period stipulated by the law.
          448. Mr. Bazargan further mentioned that on numerous occasions the authorities
          had officially recognized the right to criticize the Government and an example
          of this were the discussions in the Majlis (Parliament). However, a number of
          deputies had publicly declared that they did not feel safe to say everything
          they wanted to say. He cited several names of deputies who had been
          eliminated from the Majlis as a consequence of critical statements.
          449. Other private persons, including Ayatollah Seyed Abolfazi Musavi Zanjani,
          the author of a comparative study on Islamic principles and the Universal
          Declaration of Human Rights, complained about the lack of freedom of
          expression. According to assertions by several persons, the manner in which
          this manifested itself varied from case to case, ranging from intimidation and
          threats by members of the revolutionary guards or other organized groups,
          dismissal from employment, exclusion from public activity to detention and
          indictment or de facto isolation or house arrest, such as in the cases of
          Ayatollah Qomi in Mashad or Ayatollah Rohani in Qom. These persons also
          referred to a variety of strict measures of control over any opposing views,
          such as the inspection of correspondence, the tapping of telephone
          conversations, and a network of inquisition exercised by the revolutionary
          guards and agents of the Ministry of Intelligence.
          450. Relatives of Mr. Astir Taavoni reported that he was arrested, together
          with his wife and his four—year—old daughter in 1982, on charges of
          sympathizing with the Mojahedin Organization. His daughter was released after
          40 days of detention and he was sentenced seven months later to five years of
          imprisonment. The relatives affirmed that he was tortured and that as a
          result of beatings he could hardly stand on his feet when they visited him at
          Evin prison. He was released in 1986 and, since he could not obtain a
          E /eN. 4 / 1991 / 35
          page 84
          passport, he fled the country together with his wife and daughter. He was
          rearrested at the frontier in 1987 and, after 10 months of imprisonment,
          without trial, was executed at Evin prison.
          451. One person, who requested that his name be kept confidential, alleged
          that some 50 former members of the Mojahedin Organization were kept in
          incommunicado detention at Evin prison in the so—called “Section 209”. The
          names of these prisoners did not appear on the prison register and the persons
          detained in this Section required the urgent attention of the Special
          Representative. A similar assertion was received from a former detainee at
          Evin prison. Since this information was given to the Special Representative
          on the last day of the visit, he had no occasion to follow it up with the
          452. Nahid Arabali, Ef fat Bahrololoum, Au Jajarmi, Maryam Rahinanian—Kooskaki
          and Mahshid Shakernia stated that the Mojahedin Organization had reported
          their execution. They presented their identity cards and it was later
          established that the names of the first and third persons appear in a
          publication by the Mojahedin, that the names of the second and fifth persons
          are listed in the annex of the Special Representative's report to the
          General Assembly at its forty—fourth session (A/44/620), and that the name of
          the fourth person is included in the annex to the report to the Commission on
          Human Rights at its forty—fifth session. It should be noted, however, that
          the lack of personal data other than the name, as well as discrepancies in the
          spelling of names do not permit one to establish with certainty that the
          listed persons are identical with those who appeared before the Special
          453. Several persons said that they were Iranian prisoners of war in Iraq and
          alleged that they had been induced by the Mojahedin Organization to join their
          ranks. The Special Representative considers these situations outside the
          framework of his mandate and, therefore, refrains from reporting on the
          numerous detailed descriptions he received on such cases.
          454. Co—ordination between Islamic law and international law was the subject
          of a private conversation with Ayatollah Yafari, who long before had invited
          the Special Representative to discuss that matter with him. The Ayatollah
          expressed the view that a truly universal order of the rights of human beings
          should be based on the common principles of Judaism, Christianity and Islam.
          In this connection, he suggested the creation of an “Abraham Society” in the
          framework of which the implementation of these principles could be studied.
          455. Hundreds of letters and written communications were again received by the
          Special Representative during his visit.
          G. Meeting with members of the Baha'i community
          456. The Special Representative also met three members of the Baha'i
          community, who essentially confirmed the allegations received earlier. At the
          same time, they recognized the willingness of the Government to solve the
          outstanding problems and stated that discrimination, in particular business
          and occupational deprivation, although still existing, had been somewhat
          relaxed, that confiscation of property had been limited in the present year to
          one case only and that petitions regarding confiscation of farms and orchards
          had met with some positive reactions, though so far with little tangible
          E/CN. 4/1991/35
          page 85
          results. Nearly 300 Baha'is had applied for passports but only 24 had
          obtained them, as well as the necessary exit permits, and some more had been
          summoned to interviews, possibly leading to the issuance of passports. Baha'i
          students were still not admitted in colleges and universities, but those who
          were denied admittance in primary or secondary schools were now permitted to
          continue their education at pre—college levels. The courts of justice still
          did not accept heredity petitions presented by Baha'i heirs and many Baha'is
          were deprived from entering into business transactions. However, in some
          localities Baha'is were now being granted business licences. With regard to
          the problem of cemeteries, there were still no formal ownership rights given
          to the Baha'is guaranteeing their places of burial. Medical doctors could
          only exercise in private practices and could not take part in the national
          insurance scheme, and Baha i lawyers were not admitted in the bar association
          or in courts. Reference was also made to the enormous financial pressure to
          which members of the community were subjected, to the impossibility of
          obtaining credit, or to accede to higher positions, even in cases of academic
          qualifications acquired abroad. A person who had been involved in scientific
          research for many years related how she had been ousted from Tehran
          University, together with other Baha'i professors who were now trying to
          survive as truck drivers or flower salesmen.
          457. Some positive developments were said to consist in the partial lifting of
          the ban on meetings, allowing a maximum of 15 Baha'i to attend their 19—day
          feasts. For Baha'i funeral meetings there were no restrictions on the number
          of persons attending. Furthermore, Baha'i families received food allowance
          booklets and coupons and were given permission to connect their telephones,
          which had been interrupted for many years. Finally, the regulations affecting
          married conscripts were now also being applied to Baha'is.
          H. Meeting with the Armenian community
          458. On Sunday, 14 October 1990, the Special Representative attended mass at
          the Armenian Orthodox church and met Archbishop Artak Nanoolcian. Allegations
          received prior to the visit in connection with the situation of the Armenian
          community are reflected in paragraphs 98 to 101 of the interim report. The
          Archbishop deplored in particular the extremely limited possibility of
          language training in the Armenian schools — only two hours per week at the
          primary school level and none at the secondary school level — as well as the
          lack of religious education. In the latter respect, some progress had been
          made in reaching an agreement with the Government in the question of the
          catechism, but the implementation of the agreement was still being awaited.
          I. Comments and observations received from the Government
          on the report on the second visit
          459. With regard to the report on the second visit to the Islamic Republic of
          Iran, the Government provided, by letter dated 22 January 1991, the following
          general comments and observations:
          UThe Islamic Republic of Iran following the views expressed by the
          forty—sixth session of the Commission on Human Rights on repeating the
          visits by the Special Representative provided necessary arrangements for
          the co—operation of various organs in judicial systems, the Ministry of
          the Interior and other related organs. In this regard, all the names
          included in the report of the Special Representative were brought into
          scrutiny. OEe report of the Special Representative was also studied in
          page 86
          various sessions and measures were taken to take the contents into
          consideration. Although he expressed on many occasions his thanks and
          appreciation for the co—operation extended to him, yet it is unfortunate
          to say that this fact has not been well reflected in writing the report.
          “The Islamic Republic of Iran met all requests of the Special
          Representative to meet whoever he wished and went to wherever he wanted.
          Through a well planned arrangement efforts were made to prevent any waste
          of time.
          “The statements of the officials of the Islamic Republic of Iran
          made at the meetings with the Special Representative have not only not
          been reflected but rather some of them have been distorted as well.”
          460. With regard to specific paragraphs of the report on the visit, the
          Government stated the following:
          (a) With reference to paragraphs 250 to 256:
          “The contents of paras. 250 to 256 are clear evidence that people
          are free to express their thoughts although the allegations are refuted.
          “The debates of the Islamic Consultative Assembly are directly
          broadcasted on the radio and the people are informed of the details on a
          daily basis. Deputies are free to elaborate on any issue and due to
          their immunities they do not face any difficulties and restrictions in
          expressing their views. Those deputies who have been brought to courts
          were charged for immoral acts and had nothing to do with expressing views
          critical to the Islamic Republic of Iran.
          “There is no section called 209 in Evin prison and the list of all
          prisoners is available in the prison.”
          (b) With reference to paragraph 267:
          “The list presented by the Special Representative contained only the
          names of three individuals who are to be executed on the charges of
          espionage with whom the Special Representative had the opportunity to
          “The Special Representative did not submit any request to visit the
          Gohardasht prison. He refused to visit this prison during his first trip
          to Iran, although he had requested then to pay such a visit.”
          (c) With reference to paragraph 278:
          “The Special Representative's view in para. 278 of doe. A/45/697 is
          groundless because according to the law all accused are briefed about
          their charges prior to their arrest and moreover, according to the
          recently adopted bill by the Islamic Consultative Assembly,
          interrogations are to be conducted in the presence of lawyers.”
          . E/CN.4/1991/35
          page 87
          (d) With reference to paragraph 279:
          “Television interviews are conducted with the agreement of the
          accused and permission of the court in order to inform the people of
          plots against the country. No threats or intimidation are applied for
          interviews and giving an interview does not reduce the charges against
          the accused; thus the observation in para. 279 is meaningless.”
          (e) With reference to paragraph 280:
          “With regard to para. 280 of the interim report, it should be noted
          that there are different offices which study people's complaints in every
          ministry. The representative of the President in that ministry receives
          these complaints and has the right to notify the minister of the
          complaint. The President himself intervenes in case the complaints are
          ignored. In addition, the judicial system has established a few
          organizations such as: the organization for justice administration, the
          State organization for inspection, the department for attending to the'
          complaints of the people, etc. ... ,The Islamic ‘Consultative Assembly has
          also established an office under article 90 of the constitution to
          receive and pursue such complaints.” ,
          (f) With regard to paragraph 163:
          “It should be said that:
          “a. The meeting took place at the request of the Special
          Representative and since the location of the inmates was far from the
          meeting place, two of the inmates who were close by were brought to meet
          the Special Representative.
          “b. OEe two inmates are members of a gang of drug smugglers who
          were arrested at the time of carrying two tons of opium in late 1989.
          Since they confessed their crimes and co—operated with the officials,
          they were assisted to get defence lawyers and called for appeal and
          finally their prison term was reduced.
          “c. All allegations of torture, maltreatment, long trials,
          non—access to lawyers and work of the accused in the court are denied.”
          (g) With regard to paragraph 168:
          “The allegation of the above paragraph that permission has not been
          accorded by the Ministry of Islamic Culture and Guidance for the Bible
          Association is denied.”
          (ii) With regard to paragraph 228:
          “The Special Representative on his first day of arrival provided the
          Iranian officials with a list of 202 names and asked to be permitted to
          meet with 26 of them.
          page 88
          “Since the judicial system acts independently from the Executive
          Branch, the request was forwarded to the judicial system. OEe meeting
          with those whose files were being studied by the prosecutor was not
          possible at that time.”
          Ci) With regard to paragraph 229:
          “Mr. Noureddin Kianouri, the leader of defunct Tudeh Communist Party
          was arrested along with some of his associates for espionage activities.
          The files of some of the Party were studied and verdicts of the court
          were issued. The files of Mr. Kianouri, Ms. Meriam Feirouz and several
          others were sent several times to the court and brought back to the
          prosecutor for further investigation. Although everybody knows that his
          criminal charges are very heavy [ ones] of espionage, planning a coup
          attempt with the help of aliens and with the collaboration of some
          personnel of the army at the time of war, [ and] transmitting sensitive
          information to the enemy, and the prosecutor will call for the maximum
          penalty, yet the trial has been long, due to the orders of the
          prosecutor. Mr. Kianouri has not been subjected to any intimidation and
          the allegation of his torture is groundless. There is no doubt that he
          is old and as a result suffers some health problem which have nothing to
          do with his imprisonment. He is constantly under medical treatment.
          “Mrs. Neriam Feirouz who is also an accomplice in the crimes of her
          husband has not undergone any intimidation or torture. Her health
          problems such as being deaf in one ear and gynecological diseases all
          date back to her pre—prison term. Her doctors believe there is no need
          to transfer her outside for treatment. The prison hospital in their view
          has adequate facilities for medical operation if necessary.”
          Ci) With regard to paragraph 230:
          “Those who have been arrested in the recent plot are living in a
          good and proper situation. There are no difficulties vis— -vis the
          condition of living, food, visits, etc. although their charges are
          related to security issues of the country, but they are well respected by
          the prison officials and no one has maltreated them inside prison.”
          (k) With regard to paragraph 233:
          “Allegations put forward by Mr. Sobhani are refuted. Although he is
          a Baha'i, he has been imprisoned for financial charges. On the request
          of the Special Representative he was set free. t '
          (1) With regard to paragraph 234:
          “Miss Sakineh Sedaghat intended to join the MKO forces in Iraq via
          western borders in 1988. She was arrested in a war zone by military
          forces stationed there. No lawyer volunteered to defend her. The, court
          taking into consideration the condition of her repentance issued the
          least possible punishment for her.”
          E/CN .4/1991/35
          page 89
          (m) With regard to paragraph 235:
          “During the Special Representative's stay in Tehran, there were no
          court cases dealing with political activities for the Special
          Representative to be acquainted with the court conduct in this field.”
          (n) With regard to paragraphs 250, 251, 252, 253, 254, 255 and 256:
          “OEe contents of those paragraphs are clear evidence that people are
          free to express their thoughts although the allegations are refuted.”
          (o) With regard to paragraphs 261 and 262:
          “Regarding the situation of Baha'is, the Govermnent of the Islamic
          Republic of Iran draws the attention of the Special Representative to the
          following points:
          “The number of aha'is in the Islamic Republic of Iran is less than
          one thousand of the population.
          “Muslim Ulanias have declared Baha'ism as heresy.
          “The centre of Baha'ism is located in Israel and is under the direct
          control of Zionism. Baha'is are enjoying the same rights as any other
          citizen in the Islamic Republic of Iran and no one is persecuted for
          being a Baha'i. -
          “All Baha'is who applied for passports in 1990 were able to obtain
          “It could happen that some of the executive organs commit errors or
          be reluctant to provide services to certain citizens. In this regard the
          judiciary has designated the General Inspection Organization to examine
          any complaint received from individuals and identify offenders. Should
          the Special Representative provide more specific information with regard
          to complaints about executive organs, more investigation could be done by
          this organization.”
          E /CN. 4 / 1991 / 35
          page 90
          461. The report submitted to the United Nations General Assembly (A/45/697
          of 6 November 1990) was designed and prepared as an interim report, even
          though it contains most of the allegations received in 1990 and an account of
          the second visit to the country. Since various government replies to such
          allegations and the account of the activities carried out during the second
          visit were received in January 1991, the present report contains a chapter on
          the visit and paragraphs relating to the allegations contained in the interim
          report in order to make the Government's replies and observations easier to
          462. Further complaints of human rights violations were received during the
          short period of time between the interim report and the final report. As a
          result of the first visit, the number of information sources both in and
          outside Iran increased and it was therefore possible to make comparisons
          between information received from various sources which are apparently
          463. It should be pointed out that, both in the interim report and in the
          present report, allegations of human rights violations have been classified by
          category and, in some instances, this may involve repetition, since a case may
          be included in two different categories.
          464. The Special Representative has expressed the view, which is also his
          belief, that, on the basis of existing international principles and known
          facts, a critical analysis should be made in order to arrive at some
          recommendations and conclusions in the light of criteria of probability. The
          aim is, of course, to base conclusions and recommendations not on findings
          similar to those of a court of justice, but, rather, on probability and
          reasonable belief. At the start of his mandate, the Special Representative
          stated that, in his view, international monitoring should be founded on
          principles and criteria of objectivity and co—operation and that selective
          procedures should be avoided.
          465. This exercise is particularly complex and complicated because of the
          specific circumstances which characterize the monitoring of human rights in
          the Islamic Republic of Iran. It is obvious that there are persons who are
          making every effort, and even going to any lengths, to politicize this
          exercise, politicization being taken to mean a departure from the objective
          consideration of the facts and their consequences and the use of human rights
          as an instrument in the struggle for political power. Reports on
          international monitoring procedures may be used for political purposes and
          such use is beyond the scope of the competent United Nations bodies, but the
          aim of the exercise is not to support or destabilize Governments, but, rather,
          to encourage the fulfilment of international obligations relating to human
          rights. The purpose of international monitoring is to bring about fulfilment
          of international human rights obligations by gathering information and
          evaluating, analysing and criticizing it. .
          466. The mandate relating to Iran is one of the most controversial of all the
          mandates on which international monitoring has focused in particular countries
          in recent years. This is probably the result of the radical polarization of
          political forces, the conflict between opinions that have turned into
          EICN.4/199 1/35
          page 91
          pre—established, inflexible, intransigent credos and the struggle between
          national arid international political interests. OEe situation is being
          followed attentively and even passionately in and outside the United Nations
          and in the media throughout the world. OEe prevailing philosophy and world
          view appear to be extremist, with no happy medium between good and evil or
          light and shadow and with emphasis on the totally absorbing, exclusive and
          excluding dimension. Room to move forwards or backwards is unthinkable;
          instead, issues are presumed or made to be crystallized and are judged
          unbendingly and unalterably.
          467. The controversy about the human rights situation in the Islamic Republic
          of Iran has gone on in prejudiced and speculative terms, which have been
          accompanied by reactions of hypersensitivity. If the controversy is to be
          constructive, cases have to be discussed on the basis of evidence so that the
          investigation and analysis of situations in the light of specific information
          may be as thorough as possible.
          468. OEe Special Representative has concentrated on objective consideration of
          the facts and the preparation of observations and recommendations on the basis
          of critria of probability without giving in to the pressure and Manichaeism of
          persons or groups not connected with international monitoring. However, every
          voice which has expressed an opinion or criticism and drawn attention to
          procedures has been listened to. This task is one plagued by doubts,
          questions, conflicts of conscience and contradictory requests and it is a
          difficult one because the aim is to guarantee objective and independent
          international monitoring and compliance with international instruments,
          without complacency or fear.
          469. OEe General Assembly considered that the two reports which were submitted
          by the Special Representative in 1990 (EICN.4f1990f24 and A145 1697) and
          prepared following his two visits to the country provided useful information
          and shed light on some allegations concerning the human rights situation and
          it expressed appreciation of the observations contained therein
          (resolution 45/173, fifth preambular paragraph and operative para. 1). The
          supreme United Nations body bases its opinions on the reasoned analysis of
          allegations, replies and circumstances and establishes the consistency between
          facts, observations and conclusions, using both the reports of the
          Special Representative and information made available by diplomatic and
          consular representatives. ,
          470. The second visit to the country led to important results, took place in a
          much calmer atmosphere than the first visit and made it possible to
          investigate specific cases and obtain information from witnesses selected by
          the Special Representative. The interviews with two persons sentenced to
          death for espionage and with a number of persons accused of espionage provided
          important information on the application of guarantees of due process of law.
          471. During the second visit, information was received on the categories of
          acts which have been considered in previous reports, such as executions, the
          lack of a defence lawyer, failure to notify detainees of the charges against
          them immediately following arrest, difficulties in making trials public and
          ill—treatment and torture. Consistent information was also received on
          E /CN .4/1991/35
          page 92
          restrictions on freedom of the press, the publication of books and artistic
          creation, and delays and difficulties in exercising the right to freedom of
          association, including the right to form political parties. Information on
          freedom of association and expression in books and other media was consistent
          with the administrative laws and regulations described by Iranian officials
          during the interviews.
          472. In explaining the powers and functions of certain officials, government
          representatives provided information which made it possible to regard as
          plausible the allegations that there were delays in the authorization of
          political parties, that artistic and literary creation was subject to prior
          authorization and that expressions of ideas took place in an atmosphere of
          uncertainty. The Government should consider the possibility of eliminating
          any kind of prior authorization in respect of expressions of ideas in general
          and of artistic creation in particular, on the understanding that, if such
          expressions did constitute criminal offences, it would be the responsibility
          of the courts, to try and punish the offenders a posteriori .
          473. It should be noted that the laws governing political parties in
          particular and associations in general, contain provisions which in theory
          refer to the safeguarding of the Constitution and moral and religious
          principles, but whose practical effect is that associations whose objective is
          political propaganda and participation in electoral activities or the
          protection of human rights are not legally recognized. There is also no
          clear—cut distinction between the activities of the members and the activities
          of the associations and, consequently, there is a tendency to confuse the
          responsibility of individuals and the responsibility of associations which
          have been authorized or are being formed. There is also no legal remedy in
          the event of excessive delays in decision—making or when the administrative
          authorities question the lack of or irregularities in compliance with legal
          474. The positive measures adopted by the Government include: (a) the replies
          to many allegations which were communicated to it and which are reproduced
          in extenso in the present report; (b) the favourable outcome in a number of
          cases submitted by the Special Representative for consideration on
          humanitarian grounds; (c) the periodic adoption of clemency measures which
          benefit both ordinary prisoners and political prisoners; (d) the release of
          seven of the signers of the so—called “Letter by the 90”; and (e) the decree
          of 31 December 1990, which requires a defence lawyer to be present at all
          stages in criminal proceedings, including the investigation stage, which makes
          no distinction between ordinary, revolutionary, military and ecclesiastical
          courts and which decides that proceedings in which no defence lawyer has been
          present are to be declared null and void.
          475. The Iranian Government has continued to provide replies to the
          allegations communicated to it. In January 1991, replies were received
          concerning most of the allegations contained in the interim report. The
          Special Representative considers it useful to continue the exchange of
          explanations with the Government in order to supplement and clarify the
          information on the alleged acts and situations and thus be able to arrive at
          specific conclusions whenever possible.
          476. The Government acknowledged 113 executions between the first and second
          visits. Calculations based on the gathering of information broadcast on the
          page 93
          official radio indicate that about 500 persons were executed between January
          and October 1990. The second visit had barely ended when Iranian radio
          reported further executions. The media reportedly announced several dozen
          executions in January 1991. It is also known that some missing persons were
          in some way linked with executed persons and their disappearance is thus a
          matter of concern to their families and friends.
          477. According to the information received, most of the executions concern
          persons accused of drug trafficking and the others are for ordinary of fences
          of various kinds and political of fences. The study of Iranian legislation
          clearly indicates that, because there are no gradations in the penalties for
          various types of criminal involvement and as a result of very general wording,
          the death penalty tends to be applied on a large scale. The adaptation of
          the legislation to technical criminal law criteria might considerably .
          reduce the application of the death penalty and make it genuinely exceptional,
          as required by international instruments. In paragraph 2 of its
          resolution 45/173, the General Assembly called upon the Government to
          intensify its efforts to comply with international instruments on human
          rights, including the International Covenant on Civil and Political Rights.
          The Special Representative recalls that his own point of view is that the
          death penalty should be totally and fully abolished, although he expresses
          this very personal opinion without prejudice to recognition of the fact that,
          for the time being, the international instruments in force allow the
          application of the death penalty in exceptional cases.
          478. Executions in the Islamic Republ-ic of Iran continue to go beyond the
          narrow limits within which the International Covenant on Civil and Political
          Rights allows the application of capital punishment. Some of the previous
          reports of the Special Representative referred to the number of executions as
          indicating that the limits in question are being exceeded. OEe number in this
          case is an indirect element of appreciation because, when the number reaches
          the hundreds, it may be assumed that effect is not being given to the
          international principle that the death penalty should be imposed exceptionally
          and only in respect of the most serious crimes.
          479. The information received in 1990 included some cases of terrorism
          reported by members of the Organization for Defending Victims of Violence and
          other persons who travelled to Geneva to offer their testimony or wrote to the
          Special Representative from the country or from abroad. OEis information is
          reflected in the interim report and in the present report. The Special
          Representative reiterates his belief that terrorism is a form of political
          struggle which must be eradicated for legal, humanitarian and even political
          reasons and which should be condemned in all its manifestations.
          480. OEe Iranian authorities made it possible to hold interviews
          with 14 prisoners, some of whom had been convicted and others of whom were
          under investigation on charges of espionage. Chapter IV contains a summary of
          the conversations with the prisoners. The Special Representative considered
          at the time and continues to consider that the persons who were arrested after
          having signed an open letter in which they called for the implementation of
          some articles of the Constitution and criticized economic policy are prisoners
          of conscience. Official reports confirm that seven of the persons arrested
          have been released. The Special Representative objected to the prisoners
          being put before television cameras, particularly while the charges are being
          investigated. It may generally be considered that the trial of 23 signers of
          page 94
          the so—called “Letter by the 90” is a test case for the application of the
          rul of due process. International opinion concerning the investigation and
          trial of the signers of the ietter; i ‘e based on the principles of criminal
          law applied, the evidence and its evaluation by the courts and the application
          of the rules of due process. In its latest resolution on human rights in the
          Islamic Republic of Iran (45/173), the General Assembly reiterated its appeal
          to the Government to intensify its efforts to investigate and rectify various
          issues, in particular as regards the administration of justice and due process
          of law.
          481. The Special Representative has encouraged acceptance of visits by the
          International Committee of the Red Cross to Iranian prisons. The Government
          has officially informed that organization that it has decided to allow it to
          visit the prisons and all prisoners without distinction or exception, i.e.,
          political prisoners and ordinary prisoners. The General Assembly welcomed
          this decision of the Government of the Islamic Republic of Iran. On
          24 October 1990, ICRC submitted a draft agreement to the Government in
          accordance with its standard practice. At the time of completion of the
          present report, no specific agreement had been reached on this important
          482. For the first time, information has been received in recent months on the
          persecution of Christian Evangelical groups. An Evangelical minister was
          executed recently and, after that, the group concerned decided to bring its
          si iiation, which it claims is years old, to the attention of international
          bodies in charge of the protection of human rights. These cases have been
          communicated to the Government of the Islamic Republic of Iran for its reply.
          483. The situation of followers of the Baha'i faith continues to be uncertain,
          given the unequal treatment they receive in different provinces and cities,
          depending on the ideas and temperament of individual officials. No reports of
          executions have been received in recent months. There do not appear to be any
          exception to the prohibition on admission to universities and there have been
          very few ex eptions to refusals to grant legal recognition to inheritance
          rights, sinte information has been received on only two cases in which
          inheritanc r*ghts were legally recognized. The report includes information
          obtained fromi any documents signed and sealed by administrative authorities
          of various ranks who deny followers of the Baha'i faith enjoyment of the same
          rights asother citizens. Most passport applications by Baha'is are rejected
          or she1v cYand only about 12 per cent of applicants receive their travel
          documents. This is why an appeal should be made to the Government to grant
          equal treatment, without exception, to all citizens, including followers of
          the Baha'i faith. The General Assembly requested the Government to ensure
          that all individuals within its territory and subject to its jurisdiction,
          including religious groups, enjoy the rights recognized in international
          instruments (resolution 45/173).
          484. During his second visit to the country, the Special Representative talked
          iu privat homes to people unconn ' d with the Government who lead a normal
          life and have no judicial or police problems. These people agreed to be
          interviewed after taking precautions to preserve their anonymity since they
          feared reprisals if it became known that they had given information about the
          human rights situation prevailing in the country. They said they feared
          mainly the activities of irregular groups and of Komiteh and Pasdar n agents
          who use intimidatory tactics Other people interviewed at the United Nations
          Development Programme offices and the Esteghial Hotel voiced the same fear.
          E/CN. 4/1991/35
          page 95
          485. The Special Rapporteur is grateful to the Government of the Islamic
          Republic of Iran and to its representatives abroad for their co—operation in
          respect of the fulfilment of his mandate, for submitting replies to the
          allegations communicated to him, for giving them the opportunity of having
          private talks with prisoners charged with serious offences and for the
          favourable solution of a number of humanitarian requests. The Government's
          co—operation with the Special Representative is on course and has reached its
          highest level, despite the critical tone of the reports and the repeated
          official indications of disagreement with the allegations and observations
          486. The representative of the Government of the islamic Republic of Iran
          criticized the assertion in the interim report to the effect that
          nternational monitoring of human rights in the Islamic Republic of Iran
          houid continue and again raised the question of the termination of the
          mandate. This was the culminating point in the talks with the
          Permanent Representative of the Islamic Republic of Iran in Geneva. The
          Permanent Representative repeated that international monitoring should be
          concluded, first, because it was selective, in other words, it was applied to
          Iran while neighbouring countries which were known to have engaged in
          systematic violations of human rights were not subjected to monitoring and,
          second, because human rights are not violated as a matter of routine. The
          identification of the criteria for extending or suspending international
          monitoring was discussed and is referred to in the letter from the
          Permanent Representative dated 5 February 1991 and contained in chapter II of
          this report.
          487. In the letter dated 5 February 1991 (see para. 7 of this report), the
          Permanent Representative of the Islamic Republic of Iran in Geneva alluded to
          the so—called criteria which, in his view the Special Representative should
          use as the basis for his conclusions concerning the continuation of the
          international monitoring of the human rights situation in the country.
          488. Two of the four criteria mentioned in the letter are irrelevant in this
          context: the possibility that the Islamic Republic of Iran should become a
          model country for human rights and the fact that some countries elude
          international monitoring even though the infringements of human rights that
          occur in them are known. With regard to the Islamic Republic of Iran becoming
          a model country for human rights, the Special Representative referred to this
          possibility in a conversation a very long time ago, and it was meant as a
          maximum objective suggested to the Government and certainly did not mean that,
          in his view, a country would have to become a model in order to be exempted
          from international monitoring. As for the countries whose human rights
          situations should be subjected to international monitoring, the Special
          Representative was voicing a very personal opinion in the course of
          discussions. He never said that international monitoring should be
          indefinite, since he had written in his reports that, by its very nature,
          international monitoring was temporary. The fact that a number of countries
          that ought to be under supervision are not is an interesting topic for debate,
          but the decision in that regard lies with the Commission on Human Rights and
          does not affect the human rights situation in the Islamic Republic of Iran,
          since it neither makes it better nor worse.
          E /CN. 4 / 1991 / 35
          page 96
          489. Two of the four criteria are relevant, albeit under specific terms and
          conditions and with certain modifications. The first indicates that “The
          Special Rapporteur makes that conclusion on the basis of the report” and the
          second states that “Response by Iran to the recommendations and replies to the
          allegations is the basis for such conclusion”. These two criteria may be
          applied in order to formulate an opinion on the point under consideration,
          although neither of them functions independently or absolutely and,
          consequently, it cannot be asserted that this or that criterion “is the basis
          for such conclusion”. What is involved are concurrent criteria. A study of
          the reports clearly identifies the viewpoint of the Special Rapporteur on the
          circumstances which, in his judgement, lead one to the conclusion that it is
          appropriate to continue international monitoring.
          490. When concluding this report and as mentioned in chapter II, the
          Special Rapporteur received a formal request from the Iranian Government to
          give special attention to the situation of displaced persons, of victims of
          indiscriminate bombardments and raids with chemical weapons during the late
          war with Iraq, as well as the situation of the millions of foreign refugees
          who are still in the country. The Special Representative wishes to point out
          that these issues fall essentially within the sphere of international
          humanitarian law and are therefore not central to his mandate. However, it
          would be extremely useful for the Special Representative to have the opinion
          of the Commission in this regard. .
          491. The enormous number of complaints received from very diverse sources,
          including independent sources even after discounting errors and exaggerations,
          provide a credible factual basis for the belief that human rights violations
          occur in the country. It would be desirable for the Government to study these
          cases and to adopt appropriate measures to prevent and remedy them. OEe
          General Assembly called upon the Government to intensify its efforts to
          investigate and rectify the human rights issues raised by the
          Special Rapporteur (45/173, para. 2).
          492. The Special Representative is of the opinion and belief that there are
          arguments in favour of extending the international monitoring of the situation
          of human rights in the Islamic Republic of Iran with the objective of
          assuring, through co—operation, criticism, international public opinion and
          measures adopted by the Iranian authorities, that Iranian legislation,
          administration and practice are brought fully into line with the international
          instruments in force.
          493. On the basis of the aforementioned information, the Special
          Representative, as in previous reports, ventures to make a number of
          recommendations. To avoid misunderstandings, it is appropriate to define the
          scope of the Special Representative's recommendations. The recommendations
          are addressed to the Government and the competent bodies of the
          United Nations. The Special Representative states opinions and cannot act as
          a substitute for the Government, the General Assembly or the Commission on
          Human Rights, whose respective attributions include decision—making powers.
          It is for them to consider the recommendations and decide on them.
          494. The Special Representative wishes to state that, in his view, it would be
          appropriate to adopt the following measures:
          E/CN. 4/1991/35
          page 97
          (a) The Government should take immediate, action to reduce drastically
          the application of the death penalty, and, while technical reforms are being
          introduced into penal legislation, clemency and the right of pardon should be
          exercised broadly;
          (b) Just as the penalty of flogging is being gradually replaced by a
          fine or imprisonment, consideration should be given to replacing the penalties
          regarded by the international organizations as forms of torture, including
          stoning and amputation;
          (c) The Government should be urged to initiate forthwith or to speed up
          the pace of legislative and administrative reform to make national
          institutions compatible with the international human rights instruments,
          beginning with the introduction of technical reforms to penal legislation, as
          well as to introduce remedies to make moral and economic redress effective and
          to assign responsibility for abuses or excesses of power;
          (a) The Government should carefully supervise the enjoyment of equal
          rights and equal treatment for all citizens, regardless of their political
          opinions or their religious beliefs;
          (e) The Government should be urged to take, immediately and urgently,
          effective measures to establish a climate of confidence and legal certainty in
          institutions to enable citizens to express themselves without fear or
          (f) OEe Government should take care to apply the rules of due process of
          law, including the notification of charges immediately after arrest, public
          trials and the assistance of a defence lawyer, as well as the prevention of
          ill—treatment and torture during investigation of off ences and during
          imprisonment, since, in addition to having suitable legislation, care must be
          given to its implementation, as misuse nullifies the best laws;
          (g) A specific agreement should be concluded soon with the International
          Committee of the Red Cross so that prison visits may be carried out regularly
          and without exceptions;
          (h) The legal functioning of independent organizations should be
          authorized, including political organizations and organizations that seek to
          defend human rights;
          U) OEe prior examination of books and forms of artistic creation in
          general should end;
          (j) Measures should be adopted to guarantee genuine freedom for the
          media and journalists should enjoy full guarantees for their professional
          (k) Compensation should be granted to persons affected by violations of
          human rights or to members of their families.
          (1) Officials, employees and agents should be instructed specifically to
          apply laws and administrative decisions forthwith and to maintain direct
          contacts in police and judicial matters; they should be informed that they
          have an obligation to conform in their behaviour to international principles
          page 98
          and standards on human rights and to refrain, inter qua , from taking
          initiatives that are outside their legal powers and that they must avoid any
          action which may be regarded as intimidatory and which may create doubts about
          the normal operations of the institutions;
          (m) The investigation of the allegations transmitted to the Government
          should be pursued and, as a practical outcome of the investigations, agents or
          officials who have taken extra—legal initiatives or violated human rights
          should be brought to trial;
          (n) Measures of clemency for persons convicted of various off ences
          should continue to be granted and should be extended in scope, particularly in
          the case of persons sentenced to capital punishment and for persons sentenced
          for political offences;
          (o) The human rights teaching programme should go ahead, as far as
          possible with the technical assistance of the United Nations Centre for Human
          page 99
          Annex I
          Surname First name Date Place
          Adibi Syrousse Gholam Reza 1988 Gohardasht
          Afghani Dazeky Manocher Kernianshar
          Akbari—Kurdistani Kassra 09.1988 Gohardasht
          A lizadeh Mabmoud 1988 Gohardasht
          Amir Ansari Hamid 1990
          Anik Gol—Ali 1988 Gohardasht (sec. 7)
          Arian Heshmatol lah 1988 Gohardasht
          Assadolahi Rahim 1988
          Azali Reza 1988
          Azarang Said 1988 Evin
          Baba—Nejad Sattar 1988 Gohardasht
          Bakati. Reza 1988 Gohardasht (sec. 7)
          Barazandeh 19.11.1990 Gachsaran
          Barazandeh 19.11.1990 Gachsaran
          Bazargban Bidjan 1988 Gohardasht (sec. 7)
          Behkish Mohaminad—Ali 09.1988 Gohardasht
          Behkish Mahmaud 09.1988 Gohardasht
          Behzadi Manoutchehr 1988
          Bestareh Reza Abasse 1988 Gohardasht (sec. 7)
          Binai Khalil 09.1988 Gohardasht
          Dade—Marzi Faradjallah 1988 Gohardasht (sec. 7)
          Dade—Marzi . . Faradja l lah 1988 Gohardasht (sec. 7)
          Dalili Mohaxnmad—Reza 09.1988 Gohardasht
          Danesh Shariatte—Panahi Ahmad 1988 Evin
          Darvish—Kohan Sohila 1988 Evin
          Daryabari Mohammad 1988 Evin
          Dashi—Arra Hassan 1988 Evin
          Davaran Maussour 1988 Gohardasht
          Davari Gholam—Ali. 09.1988 Gohardasht
          Delidjani Mohssen 09.1988 Gohardasht
          Djodat Hassan 1988
          E /CN.4 / 1991 / 35
          page 100
          Surname First name Date Place
          Dyanak—Shouri Mohainmad Hassan 1988 Evin
          Dyawat Fatollah 1988
          Edrissian Ahmad 1988 Gohardasht (sec. 7)
          Eskandari Ali—Reza 1988 Evin
          Eslami Sainad 1988 Evin
          Esmail—Zadeh Saber 13.11.1990 Tehran
          Esmail—Zadeh Saber 13.11.1990 Tehran
          Ga lam—Bar Hussein 1988 Evin
          Ghaem—Abadi Djavad 09.1988 Gohardasht
          Ghanbari Bahmin 09.1988 Gohardasht
          Ghandi Sasan 09.1988 Gohardasht
          Ghassem—Nejad Hussein 1988 Gohardasht (sec. 7)
          Ghorban—Nejad Houshangue 09.1988 Gohardasht
          Golpaygani Mohanunad—Reza 1988 Evin
          Habab Akhar 1988 Gohardasht (sec. 7)
          Habab Akhar 1988 Gohardasht (sec. 7)
          Hadi—Mohssen Amir—Hussein 1988 Gohardasht (sec. 7)
          Hadi—Mohssen Amir—Hussein 1988 Gohardasht (sec. 7)
          Hadj—Malleki Eshagh 1988 Gohardasht (sec. 7)
          Hadj—Malleki Eshagh 1988 Gohardasht (sec. 7)
          Hadjari—Bedjestani Abasse 1988
          Hakimi Nalehoda 1988 Gohardasht (sec. 7)
          Ham—Djavar Firouz 1988 Gohardasht
          Hassan—Pour Shirazi Ebrahim 09.1988 Gohardasht
          Heydari Mohammad 19.11.1990 Gachsaran
          Heydari Mohanunad 19.11.1990 achsaran
          Houshyari Khalil Khalil 09.1988 Gohardasht
          Husseiny—Nedjad Mohssen 1988 Gohardasht (sec. 7)
          Hydari—Zadeh Abmad 1988 Gohardasht
          Karami Mohanunad 1988 Gohardasht (sec. 7)
          Keshavarz Massoud 10.1990 Karaj's Qezel
          Keshavarz Massoud 10.1990 Karaj's Qezel
          Khademi 19.11.1990 Gachsaran
          Khademi 19.11.1990 Gachsaran
          page 101
          Surname First nwne Date Place
          Khan—Darabi Mabmoud 03.10.1990 Kermanshah
          Khan—Darabi Matunoud 03.10.1990 Kermanshah
          Khatib Aboihassan 1988 Evin
          Khatibi Akhar 09.1988 Gohardasht
          Kompany Morteza 09.1988 Gohardasht
          Kyai Ali—Reza 09.1988 Gohardasht
          Kyhan Mehdi 1988 Evin
          Lahidjanian Mohammad—Djavad 1988 Gohardasht (sec. 7)
          Lahidjanian Mohaminad—Djavad 1988 Gohardasht (sec. 7)
          Lotfollah Zadeh Khali l 1988 Evin
          Mahboub Assghar 1988 Gohardasht (sec. 7)
          Mahboubian A li—Assghar 1988 Gohardasht (sec. 7)
          Mahmoudi Sassan 1988
          Mahshid Kyvan 1988 Evin
          Manbari Madjid 1988 Gohardasbt (sec. 7)
          Masouri Gholain Reza 02.1990 Arak
          Masouri. Gholain Reza 02.1990 Arak
          Mehraban Nader 1988 Gohardasht (sec. 7)
          Mizani. Faradjolah 1988 Evin
          Mc,azemi Reza 1988 Gohardasht
          Mohanid—Zadeh Saber 1988
          Mohebi Au 1988 Gohardasht
          Moini Hybatollah 1988 Evin
          Montazeri Hamid 1988 Evin
          Morad—Pour Band—AU. 1988
          Mostavafi Kyvan 1988 Gohardasht (sec. 7)
          Nadjafi—Shoushtari Maussour 1988 Gohardasbt (sec. 7)
          Nasser. Davood 04.1990 Tehran
          Nasser. Davood 04.1990 Tehran
          Nazemi Ainir Houshang 1988
          Panahi . 13.11.1990 Tehran
          Panahi 13.11.1990 Tehran
          Partovi. Mohainmad—Ali 1988 Evin
          E / CN. 4/1991 / 35
          page 102
          Surname Date Place
          Pejman Asado llah 1988
          Pourhorhozan Mohaimnad 1988
          Radjab—Zadeh Mohssen 1988 Gohardasht (sec. 7)
          Rahimi. Moharnmad 1988 Gohardasht (sec. 7)
          Rahinanian Javad 10.1990 Jahrom
          Rahmanian Javad 10.1990 Jahrom
          Razm—Dydeh Assef 1988 Evin
          Reza'i Ahmad 19.11.1990 Gachsaran
          Reza'i Mohammad 19.11.1990 Cachsaran
          Reza'i Abmad 19.11.1990 Gachsaran
          Reza'i Mohammad 19.11.1990 Gachsaran
          Rezaian Rassaul 1988 Gohardasht (sec. 7)
          Rezaian Rassaul 1988 Gohardasht (sec. 7)
          Rouze—Dar Adel 1988 Gohardasht (sec. 7)
          Sacilini. Akhar 1988
          Sadrai—Eshkouri Aft 1988
          Safavinia Hussein 09.1988 Gohardasht
          Sa lahshour Davood 10.1990 Tehran
          Salahshour Davood 10.1990 Tehran
          Salehi. Fariborz 1988 Evin
          Sale4man—Nejad Mohammad—Mehdi 17.08.1988 Zahedan
          Sassani—Pake Mehdi 1988
          Shaabani AU. 09.1988 Gohardasht
          Shaf ii Khazaneh Mojtaba 1990
          Shahbazi Djalil 1988 Gohardasht (sec. 7)
          Shahbazi Au 09.1988 Cohardasht
          hahbazi Dja li l 1988 Gohardasht (sec. 7)
          Shahbukhari Seyyed Mohanunad Au 12.11.1990
          Shahbukhari Seyyed Mohanunad AU. 12.11.1990
          Shahssavand Nasser 09.1988 Gohardasht
          Soodmand Hossein 03.12.1990 Mashad
          Taheri Aniauche 1988 Evin
          Ta l lai Hassan 1988 Gohardasht (sec. 7)
          Tallai Hassan 1988 Gohardasht (sec. 7)
          page 103
          Surname First name Date Place
          Taqavi—Yeganeh Moussa 19.11.1990 Gachsaran
          Taqavi—Yeganeh Moussa 19.11.1990 Gachsaran
          Tashaiod Ali—Reza 1988
          Taymouri Oholam—Ali Gohardasht
          Taymouri Bahram Gohardasht
          Tayinouri Darvish—Ali Gohardasht
          Taymouri Haydar Gohardasht
          Taymouri Yahya Gohardasht
          Tayinouri Cholam—Ali Gohardasht
          Taymouri Bahram Gohardasht
          Taymouri Darvish—Ali Gohardasht
          Taymouri Haydar Gohardasht
          Taymouri Yahya Qohardasht
          Tebabati Mohaminad—Reza 1988
          Vatan—Khah Esmail 1988 Gohardasht (sec. 7)
          Zarshenass Kyoumarsse 1988 Evin
          Zomoradian Ali—Reza 1988 Evin
          E /CN. 4 / 1991 / 35
          page 104
          Annex II
          Reference* Surname Name Date Place
          A'yar AU. Fathe Babol
          —— Abbas—Ali Ravanipoor 05.02.1981
          01 Abedini Esmaie l 1981
          03 Abrandi 1988 Evin prison
          —— Adibi. Mahmoud 1984
          18 Afsari Au 1982
          —— Afshar Masaumeb
          Afshari. Ezat 1981
          Afshari AU.
          —— Aghaei Hamid 1982
          14 Aghai Ahad 01.1990
          Ahmad Pour Mohaminad Birjand
          —— Ahmadi—Nejad Saeed 1989
          01 Ahmadi—Nezhad Saed 1989
          —— Abmadian Bizhan 1985 Babol
          17 Abmady Khosrow 1981
          01 Abmady Fariba 09.1988
          08 Abmady Mohainmad 09.1988
          01 Abmady Farahnaz 09.1988
          11 Abmady Mansour 09.1988 .
          —— Ahrari Leyla 1981 . . . .
          Aimyari Abdolmajid 1988
          Akbarzad—Yousefi Nasser 1981 Tabriz prison
          Alami. Mahnaz 08.1981
          —— A lamzadeh Batoul
          08 Alemi Moha nmad—Reza 1981
          —— Alemi Mohammacl—Hadi 1981
          —— All Seyed 01.1990
          12 Ali—Nejad Abdoighader 25.07.1988
          —— A lian—Nezhad Mehri. . Bandar—Gaz
          Alidoust Masoud 1988
          page 105
          Ref erence* Surname Name Date Place
          17 Alipour Hosein 19.02.1990 Sabzevar
          19 Ameli AU. 1982 Evin prison
          Amendi Vahid Mohammadi 19.02.1990 Tehran
          Aniin Saleb
          —— Mdrapanahi Hossin Evin prison
          01 Amiri Abdollah 19.02.1990 Karaj
          08 Anari Aft Asghar 1981
          —— Arak Sadeghi Balakhan 19.02.1990 Arak
          07 Ashar Akbar Esna 1988
          —— Ashrafi Maryaxn Sadrol 1981
          01 Ashtari Mehrad 08.1987
          Ashtiyani. Sadegh
          —— Azah Hamid 1981
          05 Azimi Kaveh 08.1989
          — Azzani Farzaneh 1984
          Bahadori Kianoosh 1983 Mased Soleiman
          —— Bahinan Masha lah 1981
          01 Bahrami Ahmad 19.02.1990 Boushehr
          —— Bakhsha li Mehdi.
          03 Bakhtiari. 04.1990 Sanandaj
          —— Banafsheh Aft Ousati. 1989
          04 Barash Mohsen 1983 Tonekabon
          —— Baseri Au 1982 Tehran
          08 Bashiri Mansour 19.02.1990 Tehran
          17 Bazargan Bijan 09.1988
          Bazazan Hossin 1981
          Behdarvand Parvin 1982
          Behnani Assado lah 1983 Tehran
          Belivand Kumars 1982
          —— Birany Au Reza 1981 Ardbil city
          17 Bladi Rogheyeb 15.12.1983
          — Bolur—Forush Mehdis 04.1990 Sanandaj
          06 Bordbari Aft 1984
          —— Bordbari Reza 1984
          —— Borghei Mehdi
          17 Chegini Hassan
          E /CN. 4 / 1991 / 35
          page 106
          Ref erence* Surname Name Date Place
          —— Cheragh—Disi Jamal 04.1990 Sanandaj
          04 Dadgar Esmaeel 1983 Esfahan
          Dahangiri Yafar 12.1988
          —— Danesh Mohainmad—A min 12.01.1986 Iranshahr
          05 Darabi Sayeed 1981 Moshar
          -— Darabi Saman 1982 Hainedan
          —— Darabi Mehrdad 1989 Boroujerd
          06 Darvishi Mahmoud
          —— Daryaii Mohammad—Hosein 1988
          —— Dehchi Nader 19.02.1990 Tehran
          01 Dehghan Gita 1981
          —— Derakhanfar Mehrdad 08.1989
          18 Dinkhah Hamid 1988 Ourmieh
          14 Doulatabadi Mahmoud 1984
          Dowlat—Abadi Mohaznmad—Darab 19.02.1990 Arak
          Dowlatzehi Besmellah 19.02.1990 Tehran
          Ebrahim—Abadi Salatin 19.02.1990 Sabzevar
          —— Ebrahimi Azizollah 1989 Boroujerd
          01 Edulati. Parviz 1981 Tehran
          —— Eezad—Khah Kermani. Massoud
          12 Eliasi Nemat Tonekabon
          08 Esfahanian Mojgan 1981 Evin prison
          01 Esmaieli Javad
          Etemadi Tazzebeh 1989 Evin prison
          Fadaii Mohanunad Meshed prison
          Fadee Jamshid Masjed Soliaman
          —— Fadee Mehrdad Masjed Soliaman
          07 Fanny Ebrahim 1981
          12 Farahinand Mohanunad 1988 Adelabad prison
          Farabmandian Javad 1981
          Farahniandian Esmat 1981
          —— Farhad 1988 .
          01 Farhangi—Sabet Katayoun 19.02.1990 Sari
          —— Fat'Hi Nader 04.1990 Sanandaj
          08 Gaffarian Iray 1983
          Ghafoury Mohanimad Sadegh 19.09.1981
          page 107
          Ref erence* Surname Name Date Place
          Go lzadeh .
          Chajar Azdonloo Masomeh 10.1982
          Ghanamati. Mostabah 1989
          Chavami. Mousa 1988
          Cholain Reza Klakjory 1988
          —— Golijan—Moghadam Fardin 1984 Tonekabon
          01 Golijan—Moghadam Au. 1984 Tonekabon
          —— Goizar Gholamosseiu 02.1990
          —— Goizar Gho laxnhassan 02.1990
          08 Gorbani Hussein 1981
          04 Goreishi Saman 1981 . Bandar, Abbas
          Hadadan Isa 1983 Zanjan city
          Haddadi Mohainmad—Saiid 1988
          —— Hadidi Arya 07.1981
          04 Hadipour Babak 1981
          Haffari A li—Akbar 19.02.1990 Tehraxi
          —— Uaj—Mohsen Hosein 1988
          04 Hainini Daryoush
          Hamzeii Au 19.02.1990 Arak
          —— Hariry Majid 1981 Rasht
          01 Hariry Massoud 1982 Evin prison
          —— Hariry Shohreh 1981 Rasht
          —— Hariry Mansoor 1988 Gohar—Dasht
          05 Ilassani Mahmoud
          08 Hassani Abmad Birjand
          —— Hassein Azimi Birjand
          Hayati Tazzebeh 1989 Evin prison
          Hedayati Zia Qabaem Shar
          — Heidari Jorsumeh
          05 Hejatalah Gho lainy 1984
          —— Hematti Nashaa'l lah Hainedan
          03 Heydar—Fakouri Seyyed 19.02.1990 Sabzevar
          —— Hojabre Cyrous 1981 Suary
          —— }Iojabre Seeinin 1981 Tebran
          10 Hoseini Ai 27.03.1988
          19 Hoseini Farideh 25.07.1988
          E/ CN. 4/ 1991/ 35
          page 108
          Ref erence* Surname Name Date Place
          , ,
          13 Hossaini Hossain
          12 Hossein Mohammad 08.1981
          07 Hosseinpour Hossein 06.1981
          —— Hosseinzadeh—Arabi Susan 14.09.1989 City of Rasht
          Hossieni Seid Saleh 04.1990 Sanandaj
          —— Hydasi Amir 06.09.1981
          11 Izadshenas Mehdi
          08 Jabarzadeh Rasoul 1988
          Jafari Mehdi 1985
          Jahan—Biglari Kamyar 1981
          Jahangiri Mohainmed—Gho li 1981
          Jahangiri Abolgasem
          Jahangiri Mahin 198]. Semiron
          —— Jahanian Hamid 1981 Evin prison
          19 Jahanshahi . Seyed Gholam Reza
          —— Jalal Layghy 1984
          01 Jalali Naser 04.1990 Sanandaj
          —— Jalisi Mehidae l
          08 Javan Vahid Kaki 1982
          01 Javani Fridon 1985 Evin prison
          —— Javazadeh Au
          Kaikavous i Far ideh
          Kaissi Abbas 28.03.1990 Seistan
          Kalangari Mahmod 10.09.1984
          —— Ka lat—Gharbi Mohammad—Reza 19.02.1990 Sabzevar
          08 Kargar Sina Evin prison
          08 Karimi Asghar Ramsar
          —— Katozian Sadegh
          08 Kazem Assadi
          —— Kha—Kermani Naahed 09.1981
          —— Khabbazi Mostafa
          01 Khakbaz Abmad
          0]. Khakbaz Ahmad
          11 Khanian Reza 02.1990
          Khakbazi Abmad Ghasem—Abad
          E/CN.4/ 1991/35
          page 109
          Ref erence* Surname Name Date Place
          Khatibani Mohammad R. 24.05.1984 Soum'e Sara
          Kheraclinand Zakieh 1989 Adelbad
          Khor Hosein 1989 Evin prison
          12 Khosravi Nabio lah 1982
          07 Kiaie Massoud Evin prison
          15 Latif Mozhgan 1989 Evin prison
          Madadi Hosein 1983
          03 Madani. 1989 Tonekabon
          Mahjoub Mehdi 1988
          Mabmodi. Aref 1988 Adel Abad
          12 Mahnioudi Abbas—Ali 19.D2.1990 Tehran
          01 Makvandi Mahmood 20.06.1981
          08 Makvandi. Bijan 1988
          —— Maleki Maryam 1988
          11 Maleki Jamshid A ligoudarz
          Maradi Chavam 1982
          Marandi Hasan Jafarzadeh 12.1981 Vazin Gaid
          Marzban Fahimeh 1981
          Mashkouri 1989 Ramsar
          —— Mashoiif Javad 1988
          07 Masoumi Haxnid—Reza 1989 Boroujerd
          13 Massoumi Mahmoud 1985
          Mazji Bahieh 1988
          Mehrizi Ghassem
          Meshkinf am Shokrol lah 1981 Mash
          Meshkinfani Shokro l lah 1988
          —— Meshkini Sedigeh 1982
          11 Mir—Arab Ainir 1988
          15 Mofarrahi Saeed 1984 Khoy
          —— Mogharrabian Parvaneh Bandar—Gaz
          18 Moghrazi Au Birjand
          07 Mohainadi Abmad 04.1990 Sanandaj
          Mohaxnedi Akber 1981
          16 Mohammadi Abdollah 19.02.1990 Bakhtaran
          05 Mohainmadian Reza 1989 Tonekabon
          Mohkami Au Asgar 13.10.1982
          page 110
          Reference* Surname Name Date Place
          Mohseni Au. Reza
          Moini Mohammed
          —— Mojaher AU.
          14 Mojtabaie Fakhri 1988
          01 Molavi Jalal Hamedan
          Moradi Masoud Masyide—Soleiman
          Moradi. ALL Ashraf 04.1990 Sanandaj
          —— Morsaley Jaf far 1981
          06 Morshed AU. 19.02.1990 Sabzevar
          Mosanna Au 19.09.1981
          —— Motaghi—Talab mir 1983 Rasht
          01 Motahayeri. Mansour
          Motahhedin Saeed 03.08.1981
          Mousavi Enayatollah 19.02.1990 Tehran
          Moussavi Hashem Madadi
          —— Murteza Lebas 1984
          07 Mussavi. Mohssan 1981 Sarri
          08 Naddaf ian Iraj 1989 Rainsar
          Naderi Manouchehr Evin prison
          Nader. Ziaoddin 1988
          Najjaran Ebrahim 1988 Gohardasht
          —— Najjarian Ali—Reza 19.02.1990 Boushehr
          03 Nainvar Sgagruar 1984 Tonekabon
          —— Naroui Mohainmad K. 28.01.1990
          16 Narouyi Houshang 19.02.1990 Tehran
          —— Nasser Barariy 1984
          15 Nassirian Zari
          Nazari. Abdol Mohammed
          —-- Nazarzadeh Mohanimad Hosein 1984
          01 Nazemi Zahra 1988
          01 Negarestani Javad 19.02.1990 Kerman
          19 Negarestani Mashaallah 19.02.1990 Kerman
          13 Nemati Moussa 19.09.1988
          12 Nemovi. Abbas 01.1984
          07 Nilou Akbar 02.09.1981
          08 Otbman Pour Mohsen 04.1990 Sanandaj
          E/CN. 4/1991/35
          page 111
          Ref erence* Surname Name Date Place
          Pah levandoo Mohamniad Rezh 1982 Mashhad
          —— Parrar Ahmar
          11 Parsiana Majid
          17 Parvaneh Abolghasem 1981 Ramsar
          —— Parvizi. Ahmad 04.1990 Sanandaj
          18 Pastegar Reza
          —— Peerhadi Rossin 1982 Evin prison
          15 Pin Mi 19.02.1990 Tehran
          —— Poladi Hadi 1988
          11 Qadaksaz Rahim
          —— Rafati—Mogadain Nahid 01.1982 Tehran
          Rafati—Mogadam Hanen 1984
          Rafeie Mohanunad 19.02.1990 Arak
          —— Rahim Saide 1981
          05 Rahimi Ahmad 1981 Ramsar
          03 Rahimian 1981 Ramsar
          03 Rahimian 1981 Ramsar
          03 Rahimian 1981 Ramsar
          01 Rabmani Ezato llah 19.02.1990 Karaj
          —— Rahmati Marzieh 09.09.1988
          05 Rajabi Massoud 07.1982
          14 Rajai. Au Reza 1989 Gohardasht
          08 Rajavi Nasrim
          —— Ramahani Astol lah
          16 Ranjbar Mohanunad 19.02.1990 Rasht
          —— Ranjbaran Amano l lah 1982 Evin prison
          Ranjbaran Amanollati 1982 Evin prison
          Ranjbaran Aman—A l lah 07.08.1981
          Rashed—Marandi Fariba
          Razhi Ahniad—Janghi. 28.03.1990 Seistan
          Reza Falanik 1984
          Rezai Sardar 1985 Evin prison
          Rezai Fazed
          —— Rezaie Yarali Qorgan
          11 Rezaiian Behrouz 1988
          Roknania Afagh 1989 Evin prison
          E/CN. 4/1991 / 35
          page 112
          Reference* Surname Name Date Place
          Roudgari Ezzat
          —— Roudgari Nemat
          03 Roya 04.1990 Sanandaj
          Rozaii Mohamad 04.1990 Sanandaj
          Sadaghi. Hasan 1988
          Sadegh Mohammad
          —— Sadeghi Balakhan 19.02.1990 Arak
          01 Sadeghi Rabman
          17 Sadeghi Jainshid 1989 Tonekabon
          01 Sadeghi. Yousef 1981
          12 Sadeghpour Lamed Birjand
          —— Sadehgi Parvin 1981 North
          04 Sadigh Habib 1989 Ramsar
          —— Safaran Mohsen 1983 Evin prison
          08 Safatian Hosein 1989 Raxnsar
          08 Safer. Khamran 1988 Gohardasht
          01 Safer. Oholam Gohardasht
          —— Saffaran Hassan
          Saffaran Hassan 11.1989
          —— Safiden Namor 1984
          11 Saghar Massoud 1985
          —— Salali Saeed 04.1985
          —— Samad—Nosrati Hosein 19.02.1990 Qoin
          17 Sedaghat Mohamadtaghi 1988
          11 Seyedi Majid
          Shaabani Fraidoon 15.04.1984 Adel Abad
          Shademani Sosan 1981 Rasht
          Shah—Abadi Mahin 19.02.1990 Tehran
          —— Shah—Mansouri 1981 Ramsar
          03 Shahi Au Reza Shahroukh 1984
          —— Shainsin Isfahan Syavoush 1981 Bandar, Abbas
          —— Shapor Irantalap 1984 ,
          19 Shariati Anvar 04.1990 Sanandaj
          01 Shekarnezhad Washaallah
          11 Shirmohamxnedi Davood 1989 Evin prison
          page 113
          Ref erence* Surname N an Date Place
          06 Shirvani Shiva
          —— Shojaie Nasrin 1988 Sfahan jail
          04 Shojaie Mehran
          Shokraneh Sorraya 1981
          Sobhani. Naser 04.1990 Sanandaj
          —— Soleijnani Ali—Asghar Aligoudarz
          07 Sotoudeh Tahmineh 1989 Evin prison
          —— Sulemani Nozrat 198].
          04 Suliki Behruz 1981 Semiron
          15 Taati—Asi l Masoud 1988 Evin prison
          Taavoni—Canji Amir 11.1989 Evin prison
          Tadainia Homan 1981
          Taherpour Bahraxn 1988
          Tajalli Hossein 1982
          —— Tashayyod Au Reza 1988 Tehran
          17 Tasslimi Abdolfazi 1981
          — Tavakol Mohesn 1984
          16 Tavanian Mariam 1989
          — Tazehkandi Au Reza 01.1990
          Teherani—Pour Hosein 1989 Karaj
          —— Torabi Farah 08.1982 Evin prison
          11 Torkpour Gholain R, 1988
          — Vahabi. Farah 1989 Evin prison
          11 Va lizadeh Habib 08.1988 Rasht
          01 Vedadinya Rabibo llah 19.02.1990 Tehran
          — Vosoghian Mehdi 06.1981
          —— Yeganegi Mehdi 06.1981
          04 Yelivand Mi
          —— Yosof Feizola 1983 Shiraz
          14 Yousef—Taleshi Narollah 1981 Ramsar
          —— Zakeri Mostafa 1981 Tehran
          —— Zandi Reza 08.1981
          07 Zeinali Jahangir
          E/CN. 4/1991 / 35
          page 114
          *01: Persons allegedly executed who are studying in Iranian universities.
          02: Names duplicated in the report.
          03: Names are incomplete and were not found in the Islamic Republic of Iran.
          04: Persons who are working in different organizations of the Islamic
          Republic of Iran.
          05: Persons who have died due to natural causes.
          06: Persons who were terrorists and murderers and who were executed in 1981
          and 1982. They were sentenced to death by the courts. Unfortunately,
          most of these individuals were influenced by the deceptive slogans
          of the rivals of the Islamic Republic of Iran and committed acts of
          terrorism and destructive activities, including the murder of innocent
          07: Persons who achieved martyrdom while confronting the Revolution's
          08: Persons imprisoned because of their opposition towards the Islamic
          Republic of Iran and who were released from prison later on.
          09: Persons who have never been arrested, although the Mojahedin
          organization alleged that they were executed in 1981—1982 and
          the Special Representative listed them as executed in 1988—1989.
          10: Persons who died in street clashes and clashes with border troops.
          11: Persons who are studying abroad.
          12: Persons who are held as prisoners of war in Iraq.
          13: Persons who were missing in action during the war and on whom there is
          unfortunately no information due to lack of co—operation by the Iraqi
          14: Persons allegedly executed who live and work in the Islamic Republic
          of Iran.
          15: Persons who had to undergo military service, but in order to escape
          from this holy duty have sought shelter in foreign countries.
          16: Persons who have been imprisoned for various reasons.
          17: Persons who, after being released from prison, have escaped to foreign
          18: Persons who were killed in armed clashes with military forces on the
          border areas between Iran and Iraq and Iran and Afghanistan.
          19: Persons who were members of the Mojahedin Khalq organization and who
          were killed in clashes with troops of the Islamic Republic of Iran on
          the Bakhtaran border in 1988. These persons were trained for military
          and terroristic operations.
          ——: No governmental reply.
          page 115
          Annex III
          The Government of the Islamic Republic of Iran provided, on
          22 January 1991, the following information on the fate or whereabouts
          of the following prisoners:
          1. Jainshid Amiri—Bigvand 04
          2. Babman Agahy 06
          3. Hooshang Amjadi Bigvand 04
          4. Ardeshear Ashraf 06
          5. Manochehr Azar 02
          6. Masoud Deadehvar 02
          7. Kyanoosh Hakeaniy 06
          8. Bahram Ikany 03
          9. Heshmatolah Magsoody 03
          10. Gahraman Malekzadeh 03
          11. Masoud Payaby 03
          12. Au Reza Nasiri 02
          13. Noureddine Kianouri 04
          14. Meriam Feirouz 04
          15. Jamshid Torabi 02
          16. Ahinad Rashed—Marandi 01
          17. Reza Arbabi 02
          18. John Pattis 04
          19. Mohamadreza Sedaghat 02
          20. Addol Au Bazargan 06
          21. Ezzatollah Sahabi 02
          22. Reza Sadr 02
          23. Hussein Bani Assadi 06
          24. Shams Shahshahani 06
          25. Nour Au Tabandeh 02
          26. Yadollah Chainse Ardallan 06
          27. Au Ardalan 06
          28. Rochan Ardalan 01
          29. Farhad Behbahani 02
          30. Abbas Ghaem Sabahi 02
          page 116
          Ref erence*
          31. Khossro Mansourian 06
          32. Hashem Sabaghian 06
          33. Ezatollah Hamed Sahabi 06
          34. Mohammad Tavassoli 06
          35. Akbar Zarrinehbaf 06
          36. Habib Davaran 06
          37. Naim Pour 02
          38. Amir Tavakol Ebrahimi 06
          39. Hossein Shah Hosseini 02
          40. Nezaniedine Movahed 06
          41. Mabmoud Maleki 06
          42. Hormoz Momayezi 06
          43. Said Sadr 06
          44. Hamid Sadr 06
          45. Khosrow Parsa 02
          46. Abinad Shayegan 02
          47. Mahmoud Habibi 02
          48. Shahin Parsa 02
          49. Azar Sadr 06
          50. Davoud Mir Rahimi 01
          51. Mrs. Zaniani 01
          52. Mr. Jafarpour 01
          53. Abmad Rohdaki. 01
          54. Khalil Ghiassi 01
          55. Davoud Moyafar 06
          56. Mohammad Animal Reaya 01
          57. Nader Afshari 02
          58. Dr. Assadi 01
          59. Manouchehr Motahari 02
          60. Norouz Naghizadeh 01
          61. Ahmad Bastan 06
          62. Mohanimad Dehgh n 02
          63. Hussaingholi Roshanzaxnir 06
          64. Bakhshullah Miss ghi 06
          65. Kayv n Kha1aj b di 06
          66. Behn in Miss ghi 06
          page 117
          Ref erence*
          67. Azizullah Mahjoor 02
          68. Habibu11 h Hakimi 02
          69. Nader Rouhani 02
          70. Badiu11 h Sobh ni 02
          71. Dr. Mitra Ameli 02
          72. Dr. Fatemeh Izadi 02
          73. Ms. Fatemeh Hosseinzadeh—Tussi Moghada n
          (known as Giti. Azareng) 02
          74. Ms. Malakeh Mohammadi 02
          75. Ms. Zohreh Ghaeni 02
          76. Ms. Nahid Dorudiahi 06
          77. Ms. Fatemeh (Zohreh) Sadigh Tonekaboni 02
          78. Ms. Hura Fuladpour 02
          79. Ms. Manijeh Riazi. 02
          80. Ms. Afsaneh Khavar 02
          81. Ms. Mahboubeh Kohzadi 02
          82. Ms. Mahin Khosravi 02
          83. Mr. Roger Cooper 04
          84. Mr. Abmad Rezaire Fard 02
          85. Ms. Monir Khosroshahi—Baradaran 01
          86. Ms. Farideh Mabmood Mohammad Zaniani 01
          87. Mr. Franiarz Mabmood Mohainmad Zainani 01
          88. Mr. Farsheed Mahmood Mohanimad Zainani 01
          89. Mr. Amir Houshang Kamrani. 06
          90. Mr. Mansour Taheri 01
          91. Ms. Maryam Taleghani 01
          92. Mr. Bahrain Alai—Khastou 01
          93. Mr. Seyedinehdi Nasry 05
          94. Ms. Sakineh Sedaghat 06
          95. Mr. Au Sedaghat 06
          96. Mr. Abbas Raini 01
          97. Mr. Ezatollah Sahabi 06
          98. Ms. Narges Akbari—Namdar 01
          99 Mr. Rahim Akbari—Naindar 01
          100. Ms. Janiileh Akbarzad—Yousefi 01
          101. Dr. Bozoo Bagha'i 06
          page 118 .
          Ref erence*
          102. Mr. Esmail Movassaghian 01
          103. Mr. Faramarz Abmadian 01
          104. Mr. Saeed Taati—Asil 02
          105. Ms. Faezeh Sabet—Jahromi 02
          106. Mr. Ebrahim Nebahat 06
          107. Mr. Mohanimad—Taghi Rahimpour 06
          108. Mr. Rajab Bayram—Zadeh 01
          109. Ms. Ezzat Habibkhani 01
          110. Ms. Mahim Towfighi 01
          111. Ms. Shahrzad Mahdavi 01
          112. Ms. Farkhondeh Zanjanpour 01
          113. Ms. Sousan Gorji—Sefat 01
          114. Ms. Lilik Hakoopian 01
          115. Ms. Fatema Shafii 02
          116. Ms. Akhtar Tabmasbi 02
          117. Ms. Mahin Batmani 01
          118. Ms. Shokoofeh Ali—Oholi 02
          119. Ms. Farkhondeh Tagharsi 06
          120. Ms. Mahin Chaffari 01
          121. Ms. Sadigheh Ahoumoshk 01
          122. Ms. Sadigheh Hashemi 01
          123. Ms. Nasrin Salimi—Badr 01
          124. Ms. Shina Jahan—Zad 01
          125. Ms. Maryain Noun 06
          126. Ms. Mehri Salami 06
          127. Ms. Maryain—Banou Sepehri Rahnema 06
          128. Ms. Minou Naseri 06
          129. Ms. Mina Vatanpour 02
          130. Ms. Mahvash Keshavarzi 02
          131. Ms. Mansoureh Ghanbarpour 01
          132. Ms. Bahareh Taghanian 01
          133. Mr. Ghadam Khayyer—Nasiri 01
          134, Ms. Shahin Samui 01
          135. Ms. Shahla Talebi 01
          136. Ms. Maryani Ghazi 01
          137. Ms. Razieh Ghoreishi 01
          page 119
          R ference*
          138. Ms. Homa Ipikchi 01
          139. Ms. Taheri Sainadi 01
          140. Ms. Katazoun Baghaii 06
          141. Ms. Parivash Torshizian 02
          142. Ms. Mahdokht Hashemi 01
          143. Ms. Esmaieli Afrasiab 01
          144. Mr. Mehdi. Knosh Slook 01
          145. Ms. Mehri. Knosh Slook 01
          146. Mr. T(halid AU. Karimi 01
          147. Ms. Mona Abdi 01
          148. Ms. Narges Ghanbari 01
          149. Mr. Mohammad Hassan 06
          150. Mr. Tofygh Setayeshi 01
          151. Mr. AU. Reza Sadeghi. 01
          152. Mr. Davod Azizy 01
          153. Mr. Mohanimad Tala Poor 01
          154. Mr. Homaoun Najafi 01
          155. Mr. Norasc Karand 01
          156. Mr. Sanjabe Asghar 01
          157. Mr. Atahay AU. Reza 02
          158. Mr. Sandabi Haniid 01
          159. Mr. Mohsen Farm 01
          160. Mr. Parvin Farzin 01
          161. Mr. Mohanunad Mehdi Bladi . 01
          162. Mr. Lebas Murteza 01
          163. Mr. Layghy Jalal 01
          164. Mr. Falanik Reza 01
          165. Mr. Gholaniy Hejatalah 01
          166. Mr. Irantalap Shapor 02
          167. Mr. Anunary Mahmed 01
          168. Mr. Barariy Nasser 06
          169. Mr. Nainor Safiden 01
          170. Mr. Mohaniad Salihi. 01
          171. Mr. Hasan Asady 02
          172. Mr. Rohalah Rainazani 01
          173. Mr. Jafar Trabparhizi 01
          page 120
          Ref erence*
          174. Mr. Adel Saudi 06
          175. Mr. Iraj Kafashpour 01
          176. Mr. Mahdokht Mohaiuadi Yadeh 01
          177. Mr. Mahmoud Akbari. 01
          178. Mr. Lotfali Mir Sorow 01
          179. Mr. Panahandeh Mohammadi 01
          180. Mr. Mohsen Mohammadi Zadeh 01
          181. Mr. All Reza Babel 01
          182. Mr. Mahmoud Faroukh Manesh . 01
          183/ Mr. Reza Hausheki 01
          184. Mr. Mabmood Bakshai 01
          185. Mr. Gram Rondari 01
          186. Mr. All Reza Masondifar 01
          187. Mr. Mohainmadali Morshedi 01
          188. Mr. Mabmood Tajgardan 01
          189. Ms. Zahra Felahati 06
          190. Mr. Morteza Ghadiyani 01
          191. Mr. Gholani Reza Mirzani 01
          192. Mr. Jawad Rainany 01
          193. Mr. Kamel Nadery 01
          194. Mr. Kazem Karimabadi 01
          195. Mr. Souhrab Afhady 01
          196. Mr. Farokh Djonaidie 01
          197. Mr. Ghasem Daryabaghi Azad 01
          198. Mr. All Hessaraky 01
          199. Mr. Davoud Rezaie 01
          200. Mr. Shahab Nouzary 01
          201. Mr. Mohamad Shajerdi 01
          202. Mr. Mohammad Taghi. Rahimpour 01
          *01: The names of these persons were not identified.
          02: The persons were released from prison.
          03: These persons were executed under the verdict of court.
          04: These persons are still in prison.
          05: There are no judicial records on these persons.
          06: There is no governmental reply concerning these persons.
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