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Human Rights Questions: Human Rights Situations and Reports of Special Rapporteurs and Representatives

UN Doc. A/47/617

 

          
          Forty—seventh session
          Agenda item 97 (c)
          HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND REPORTS
          OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
          Situation of human rights in the Islamic R pub1ic of _ Iran
          Note by the Secretar'c '—Generpl
          The Secretary-General has the honour to transmit to the members of
          the General Assembly the interim report prepared by Professor
          Reynaldo Galindo Pohl (El Salvador), Special Representative of the Commission
          on Human Rights on the situation of human rights in the Islamic Republic of
          Iran, in accordance with paragraph 13 of Commission on Human Rights resolution
          1992/67 of 4 March 1992 and Economic and Social Council decision 1992/239 of
          20 July 1992.
          92—67259 3636j (E)
          171192 181192
          UNITED•
          NAT iONS
          UN uI: RtJV(
          4 ) 4Y
          A
          General
          Assembly
          UH ISA
          cc1i 1
          -
          Distr.
          GENERAL
          At 47/617
          13 November
          ENGLISH
          ORIGINAL:
          1992
          ENGLI SH/ SPANI SR
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          ANNEX
          Interim report a the situation of human rights in the Islamic
          Republic of Iran , prepared by the Special Representative of
          the Commission on Human Rifle iztaccordance with Commission
          resolution 1992/67 an&Economic and Social Council
          decision 1992/239

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          I. INTRODUCTION
          1. At its forty—eighth session, the Commission on Human Rights decided, by
          its resolution 1992/67 of 4 March 1992, to extend the mandate of the Special
          Representative, as contained in Commission resolution 1984/54 of
          14 March 1984, for a further year and requested the Special Representative to
          submit an interim report to the General Assembly at its forty-seventh session
          on the situation of human rights in the Islamic Republic of Iran, and a final
          report to the Commission at its forty-ninth session. In its decision 1992/239
          of 20 July 1992, the Economic and Social Council endorsed that resolution.
          2. In compliance with paragraph 13 of Commission on Human Rights resolution
          1992/67 and Economic and Social Council decision 1992/239, the Special
          Representative submits herewith his interim report on the situation of human
          rights in the Islamic Republic of Iran. It refers to the situation of human
          rights in the Islamic Republic of Iran during the months that have elapsed in
          1992, al.though it must obviously be read in the Tight of the reports submitted
          by the Special Representative since 1986.
          3. As in previous years, the interim report concentrates on written
          communications with government officials and on allegations of human rights
          violations from non-governmental organizations and individuals. Owing to the
          short interval between the two reports, the interim report has been planned
          and written as the first part of the final report and the two documents should
          accordingly be regarded as one.
          4. The structure of the interim report is similar to previous reports, and
          it is divided into five sections: I. introduction; II. Communications between
          the Government of the Islamic Republic of Iran and the Special Representative;
          III. Information received by the Special Representative; IV. Considerations:
          V. Observations. There are two appendices.
          II. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC
          REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE
          5. Since the forty-eighth session of the Commission on Human Rights, the
          Special Representative has transmitted to the Government of the Islamic
          Republic of Iran several cases of alleged human rights violations which, in
          his view, required the urgent attention of the Government.
          6. On 16 April 1992, the Special Representative addressed the following
          letter to the Permanent Representative of the Islamic Republic of Iran to the
          United Nations Office at Geneva:
          According to the information at my disposal Mr. Babman Sarnandari, a
          member of the Baha'i community in Tebran, was arrested on 17 March 1992.
          His family was reportedly refused authorization to visit him in prison on
          account of an extended public holiday period in connection with the
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          Iranian New Year. When at the end of the holiday period, his wife
          renewed her request for a visit on 5 April 1992, she was handed her
          husband's will dated 18 March 1992, with a vague indication that her
          husband had been executed and that his execution was related to charges
          levelled against him during a previous detention in 1987 during which he
          had been accused of belonging to the Baha'i faith. No death certificate
          was allegedly given to her, no formal information was provided on the
          charges or verdict, and her request to receive his body for burial by the
          family was allegedly also refused.
          “In view of the repeated assurances I have received from your
          Government that all Baha'is are enjoying the sane rights as any other
          citizen in the Islamic Republic of Iran and that no Baha'i is persecuted
          for his faith, I would be most grateful if the aforementioned reports
          could be investigated and if I could be provided with full information
          about this case. I would further be grateful if you could kindly
          intercede with the competent authorities with a view to giving the
          members of the family of Mr. Babman Sainandari access to the information
          they require about the fate of their relative as well as to his remains,”
          7. On 10 June 1992, the Special Representative addressed the following
          letter to the Permanent Representative of the Islamic Republic of Iran to the
          United Nations Office at Geneva:
          “... I should like to bring to your attention that I have received
          reports about the recent arrest of hundreds of persons following
          political demonstrations and riots in Mashhad, Arak, Chahar—Mahal,
          Hamedan, Khorramabad, Shiraz, Shushtar and Tehran.
          “According to the information received, the disturbances began in
          Shiraz in mid-April 1992 and were reportedly followed by demonstrations
          in Arak at the end of May. During the most recent incidents in Mashhad,
          on 30 May 1992, members of the Guards Corps, of the Pasdaran and other
          security forces have allegedly responded by using excessive force and
          opening fire indiscriminately on demonstrators. The Judiciary has
          reportedly sent to the affected cities a number of judges of the Islamic
          Revolutionary Court of Tehran and the Read of Judiciary,
          Ayatollah Mohammad Yazdi, was quoted as saying that ‘... swift and
          decisive justice would be meted out to rioters'. According to the
          information at my disposal, the daily newspaper Ettela'at has reported on
          1 June 1992 that death penalties would be imposed on the instigators of
          the events and armed troublemakers.
          “I should appreciate if you could inform me, in the context of our
          cooperation, about the reported incidents, the conduct of the security
          forces, the charges brought against those arrested, their places of
          detention, and all relevant details of their trials as well as on any
          execution which might be carried out. In this connection, I should like
          to recall the recommendations I have formulated in my report to the
          Commission on Human Rights at its forty—seventh session (E/CN.4/1991/35,
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          para. 494), and the comments I made thereon in my last report to the
          Commission (E/CN.4/1992/34, paras. 404-471), in particular regarding the
          application of the death penalty, the rules of due process of law and
          legislative and administrative reforms to the administration of justice.
          “I should also be grateful if you could convey my appeal to your
          Government to ensure that those in detention can fully benefit from all
          the internationally recognized procedural safeguards, particularly those
          provided for in the International Covenant on Civil and Political Rights,
          such as the rules of due process of law, including the notification of
          charges immediately after arrest, public trials, regular access to
          defence lawyers of their own choosing and the right of appeal, as well as
          the prevention of ill-treatment and torture during the investigation of
          offences and during imprisonment.”
          8. On 24 July 1992, the Special Representative addressed the following
          letter to the Permanent Representative of the Islamic Republic of Iran to the
          United Rations Office at Geneva:
          “... I have the honour to refer to Commission on Human Rights resolution
          1992/67 by which my mandate as Special Representative, as contained in
          Commission resolution 1984/54, was extended for a further year. As you
          know, on 20 July 1992 the Economic and Social Council approved Commission
          resolution 1992/67, of which I attach a copy for ease of reference.
          “In accepting to serve as Special Representative of the Commission
          for a further year I would like to emphasize that I intend to continue
          carrying out my mandate in the most impartial and objective manner
          possible. With this aim in mind it would be most important for me to
          further pursue the direct contacts which I was able to establish during
          the past two years with those authorities of your country who are
          primarily concerned with matters pertaining to the promotion and
          protection of human rights and to gather all the information required for
          the reports I have been mandated to prepare. I, therefore, should once
          again like to visit the Islamic Republic of Iran for a maximum duration
          of 10 working days on any dates convenient to your Government during the
          period 10 October-10 November 1992.
          “I would be most grateful if you could forward my request to your
          Government and communicate to me, through the Centre for Human Rights,
          your Government's response as soon as possible so as to allow for the
          necessary planning of work for my reporting obligations to the General
          Assembly and the Commission on Human Rights.”
          9. During a trip to Geneva from 4 to 9 September 1992 to begin drafting his
          interim report to the General Assembly, the Special Representative addressed,
          on 7 September 1992, the following telefax to the Permanent Representative of
          the Islamic Republic of Iran to the United Nations Office at Geneva:
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          ‘... As you were informed in due time by phone, I have been in
          Geneva since Friday, 4 September and I will stay here until Wednesday,
          9 September 1992.
          “I am at your disposal in case you wish to discuss with me any
          subject concerning my next report to the General Assembly or the proposed
          visit to your country in the near future, as stated in my letter dated
          24 July. 1992.”
          10. On 7 September 1992, the Special Representative addressed the following
          telefax to the Minister for Foreign Affairs of the Islamic Republic of Iran:
          “I have the honour of writing to you to bring to your attention that
          I have received information about the case of two Iranian Baha'is who
          might be facing imminent execution in the Islamic Republic of Iran.
          “The case as reported to me is as follows: Messrs. Sihnam Mithaqi
          and Kayvan Khalajabadi, two Iranian Baha'is who were arrested three years
          ago and are being held in Gohardasht Prison in Karaj, have recently been
          called to the prison authorities where they were orally informed that an
          Islamic Revolutionary Court has issued a verdict condemning them to death
          due to their Baha'i faith.
          “It was reported that the trials which resulted in the death
          sentences for the above-mentioned persons took place without the
          assistance of defence lawyers. Two Muslim lawyers were reportedly
          engaged by the defendants but, having taken some initial steps, they
          found themselves unable to continue and resigned.
          “During my third visit to the Islamic Republic of Iran, I was able
          to meet those persons in Evin prison in Tehran.
          “In the context of the cooperation which your Government accords to
          my mandate, I would be most grateful if you could urgently intercede to
          ensure that these persons can benefit from all the procedural safeguards
          stipulated in the International Covenant on Civil and Political Rights,
          particularly in its articles 6, 14 and 15, and from the safeguards 4 to 8
          guaranteeing protection of the rights of those facing the death penalty,
          contained in Economic and Social Council resolution 1984/50 of
          25 May 1984. I should also appreciate if your Government could inform me
          of the current situation of those persons, of the precise charges brought
          against them and of all relevant details of their trials and sentences,
          “Should Messrs Mithaqi and Khalajabadi have been in fact sentenced
          to death, and in the event that all legal remedies have been fully
          exhausted, may I appeal to your Government to consider granting clemency
          to the above-mentioned persons.”
          11. On 25 September 1992, the Special Representative, following past
          practice, transmitted to the Permanent Representative of the Islamic Republic
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          of Iran to the United Nations Office at Geneva a memorandum containing the
          allegations of human rights violations which he had received since the last
          renewal of his mandate.
          - III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE
          12. 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 memorandum dated 26 September 1992.
          A. Right to life
          13. During the months that have elapsed in 1992 the number of executions in
          the Islamic Republic of Iran continued to be particularly high. Although the
          Iranian press has apparently ceased to publish all the cases of executions, at
          least 224 executions were reported during the period from 1 January to
          3]. July 1992.
          14. Most of the reported executions were said to have been related to drug
          of fences, and were mainly carried out by hanging. The criminal charges
          resulting in the executions were reportedly as follows: 69 for drug
          trafficking; 66 for political reasons: 7 for a combination of armed robbery,
          committing acts of brigandage and “propagation of corruption on earth”; 6 for
          a combination of creating terror, destroying public security by use of arms,
          destroying public property and setting fire to government buildings; 3 for a
          combination of murder, drug trafficking, armed robbery and illegal entry into
          iran; 1 for religious reasons; 1 for a combination of creating terror and
          burning books, including the Holy Qur'an; and I for a combination of stabbing,
          terrorizing and attacking people and smuggling narcotic drugs, For a further
          70 executions, no reasons were reported.
          16. Specific cases of the application of the death penalty since
          1 January 1992 have been reported as follows.
          16. During the first week of January 1992, three persons were reportedly
          executed in 11am prison, allegedly for political reasons. Their names were
          given as follows: Mr. Yadollah Khosravi, Mr. Jabbar Rajabi and
          Mr. Sirous Pour-Norouz.
          17. it was further reported that another 15 persons were executed during the
          first week of January 1992 in Gohardasht prison, Tehran province, allegedly
          for political reasons.
          18. According to a dispatch from Agence France Presse of 7 January 1992, on
          5 January 1992 seven persons were hanged at Maragheh, East Azerbaijan, after
          being found guilty of propagation of corruption on earth, committing acts of
          brigandage and arned robbery.
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          19. In addition to the executions mentioned above, the names of other persons
          reportedly executed during the month of January were given as follows:
          Mr. Hamid Salehpour, 25 years old, executed at Ahwaz; Mr. Xioumarz Nadjafi,
          24 years old, executed at Masjed Soleiman; Mr. Nassau Asgari, executed at
          Kirmanshah; Mr. Djahangir Chants Sarraf . Mr. Rabin Derikvand.
          Mr. Sadeq Biralvand. Mr. Soleimani and Mrs. Effat Ghanizadeh, executed in
          Qazvin, Kirmanshab, Gohardasht and Evin prisons.
          20. According to a dispatch from Agence France Presse of 20 February 1992, on
          19 February 1992 six persons were hanged at Bouroudjerd. Lorestan province,
          after being found guilty of collaborating with the members of an
          “international gang of drug traffickers”.
          21. The Special Representative has received reports of the execution, on
          18 March 1992, of Mr. Babman Santandari, a member of the Baha'i community in
          Tehran, who was arrested on 17 March 1992. His family was reportedly refused
          authorization to visit him in prison on account of an extended public holiday
          period in connection with the Iranian New Year. When at the end of the
          holiday period, on 5 April 1992, his wife renewed her request for a visit, she
          was handed her husband's will dated 18 March with a vague indication that her
          husband had been executed and that his execution was related to charges
          levelled against him during a previous detention in 1987, when he had been
          accused of belonging to the Baha'i faith. No death certificate was allegedly
          given to her, no formal information was provided on the charges or verdict,
          and her request to receive his body for burial by the family was also refused.
          22. Mr. Babman Samandari and four other Baha'is were previously arrested on
          21 October 1987 and charged because of their membership in the Baha'i
          community. They were released on 18 December 1987, after the title to
          Bahman Samandari's home had been turned over to the authorities together with
          money for payment of bail, following which he had to report at regular
          intervals to the headquarters of the Revolutionary Guards. The Special
          Representative must point out that there were no legal court proceedings prior
          to the arrest and execution of Mr. Samandari.
          23. On 27 April 1992, one person was hanged in Dizelabad prison at Kirmanshah
          on charges of drug trafficking. Another 20 persons were also hanged,
          allegedly for political reasons. Their property and money were confiscated by
          the authorities. One of those executed allegedly for political reasons was
          Mr. Mohainmad Darabi,
          24. During the second half of April 1992, 45 people were allegedly executed
          in Tehran. Their bodies were taken to the Mesgarabad Cemetery in south
          Tehran, The names of five of those executed were given as follows:
          Mr. Lohaj Ali Ahmadi, Mr. Hamid Naderi, Mr. Mohammad Salami, Mr. Sarmadi and
          Mr. Beshar Shabibi, who was handed over to the Iranian authorities by an Iraqi
          opposition group, the so-called Patriotic Union of Kurdistan (POX). No
          reasons were officially given for their execution.
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          25. In addition to the executions mentioned above, it was reported that
          28 other persons wereexecuted during the month ofApril at Beresht-e-Zahra,
          allegedly for political reasons.
          26. On 26 May 1992, the tranian newspaper Qpmhuri Islami reported that
          15 persons were hanged in Tehran on 25 May 1992, after being found guilty of
          propagation of corruption on earth and distribution of narcotics.
          27. According to a dispatch from Reuters of 10 June 1992, Tehran Radio
          announced on 11 June 1992 the execution of four people in the holy city of
          Mashhad, Khorasan province. Their names were given as follows:
          Mr. Javad Ganjkhanlou, Mr. Golainhossein Pourshirzad, Mr. Mi Sadegi and
          Mr. Hamid Javid. They were all arrested at Mashhad on 30 May 1992 in
          connection with the riots in that city. They were convicted of various
          charges including creating terror, destroying public security by use of arms,
          destroying public property and setting fire to government buildings.
          Mr. Xli Sadeqi was also charged with burning books, including the Holy Qur'an,
          because be was reportedly a leader of the attack on an Islamic Publicity
          Organization building in which a library containing copies of the Qur'an were
          burned. Five other persons were sentenced to death by the Islamic
          Revolutionary Court of Mashhad in connection with the riots in that city.
          28. On 11 June 1992, the official Islamic Republic News Agency announced that
          four people had been hanged and five others had been sentenced to death by the
          Islamic Revolutionary Court of Shiraz for their part in the May riots in that
          city. One of those who was executed was named Masoud Gholami. According to a
          dispatch from Reuters of 11 June 1992, Mohammad Karami, prosecutor of the
          Islamic Revolutionary Court of Shiraz, stated that Masoud Gholami had a
          criminal record including charges of stabbing and smuggling narcotic drugs,
          and that he had terrorized and attacked the public on the day of the riot.
          29. On 28 June 1992, the Iranian newspaper c yha reported that seven people
          were hanged at Shiraz, Tars province, after being found guilty of possession
          and distribution of 500 kilograms of heroin.
          30. On 15 July 1992, the Iranian newspaper Kayhan reported that 13 people,
          including 4 Afghans, were hanged at Eirjand. Ten of them were executed on
          charges of buying and selling drugs. The three others, all of Afghan
          nationality, were found guilty of illegal entry into Iran, armed robbery, drug
          trafficking and the murder of an Xranian soldier.
          31. On 27 July 1992, 15 people were executed at Hainadan on drug trafficking
          charges. Among those executed were Mr. Jafar Mo'ezzani, Mr. Rastegar and
          Mr. Hassan Bagalian.
          32. On 28 July 1992, the Iranian newspaper Jomhuri Islami reported that
          15 members of a drug trafficking ring which allegedly produced and distributed
          two tons of heroin were hanged in Tehran.
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          33. On 30 July 1992; 16 persons were hanged at Harnadan at the prison of the
          city. No reasons were given for their execution. It has been reported that
          these persons were executed following summary trials which failed to meet
          minimum internationally recognized standards. Trial hearings before Islamic
          Revolutionary Courts were held in camera , inside prisons, with defendants
          having no access to legal counsel and no right of appeal.
          34. It has been reported that Mr. Yahya Xafshdar, a young man arrested on
          charges of alcohol trafficking, died as a result of torture while in detention
          in the compound of the “Organization for the Defence of the Good Custom” of
          Ardebil. His corpse was handed over to his father, who was allegedly forced
          to sign a document stating that his son had died as a result of intoxication,
          35. It was reported that in many cases prison authorities do not hand over
          the corpses of those executed to their relatives. Such was the case of
          Mr. Morteza Yazdi, born in 1965, son of Seyfollah, who was executed in Evin
          prison in 1989 in spite of the fact that he was serving an eight -year prison
          sentence. The authorities allegedly only sent to his parents a communication
          asking them to deposit 510 rials in a current account and informing them of
          the number of his tomb.
          36. The following other cases or incidents concerning the right to life have
          been reported.
          37. On 30 May 1992, during incidents and demonstrations at Mashhad, Rhorasan
          province, members of the Islamic Revolutionary Guards Corps, of the Pasdaran
          and other security forces responded with excessive force and opened fire
          indiscriminately on demonstrators. During demonstrations and riots at Bokan,
          8 people were reportedly killed and 20 others wounded by the security forces.
          38. It was reported that Mr. Hatan Djahanguiri Zadeh, 26 years old, has been
          sentenced to death by the Islamic Revolutionary Court of Tabriz on charges of
          being a sympathizer of the so-called Democrat Party. Re has emphatically
          denied supporting any political movement. His trial was allegedly held
          incamera and he reportedly had no access to legal counsel.
          39. In early August 1992, Mr. Fereidoun Faro]thzad-Aragbi, an Iranian poet,
          movie actor and showman, was stabbed to death in his hone at Bonn, Germany,
          allegedly by Iranian government agents. After the 1979 Islamic revolution, he
          was imprisoned and then released and finally escaped from the country. Some
          four years ago, he began producing a one-hour weekly radio programme for the
          radio station Voice of the Flag of Freedom Organization of Iran. He had
          reported to this organization that Dr. Javad Ghodssi had warned him about
          his anti-regime activities. Mr. A u Gholami, allegedly an agent of the
          Savama secret police, and Mr. Morteza Rahmani-Movahhed had reportedly also
          threatened to kill him if he would not collaborate with the regime.
          Mr. Farokhzadi-Araghi took part in a film, Vienna my Love , which was
          considered anti—Islamic by some Iranian authorities.
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          40. With regard to the assassination of Mr. ICazem Rajavi at .çoppet,
          Switzerland, on 24 April 1990, it was reported that requests, ad4ressed by
          the Investigating Magistrate of the Canton of Vaud to the Iranian police
          through the intermediary of Interpol of Tehran have so far met, with only
          partial responses. According to the newspaper Le Courrie of,
          22-23 February 1992, investigations have confirmed the involvement of
          13 persons, anong them Mr. Yadollah Samadi, an Iranian citizen aged 33, and
          Mr. Mohammad Said Rezvani, also an Iranian citizen, aged 34.
          41. With respect to the assassinations of Mr. Shahpour Bakhtiar, the last
          Prime Minister before the Islamic Revolution, and Mr. Katibeh Fallouch, his
          secretary, it was reported that Mr. Zeya l Sarbadi, an Iranian citizen aged 25,
          was extradited to France by the Swiss authorities on 26 May 1992. Mr. Sarhadi
          is accused of participating in the preparation of the crime and of aiding the
          killers to escape to Switzerland. Other persons charged with complicity in
          the crime were Mr. Massoud Rendi, former chief of the Iranian Radio and
          Television in Paris, charged on 21 September 1991; Mrs. Fereshteh Djahanbari,
          allegedly linked to the Iranian Intelligence Services, charged on
          28 September 1991, and Mr. A U Rad Vakili, imprisoned in France on
          27 August 1991. According to French press reports, Mr. Massoud Hendi has
          implicated the Iranian Interior Ministry in the plot to kill these persons.
          Mr. Hendi is said to have helped the three alleged assassins by providing two
          of them with false visas to enter France and false Turkish passports to
          facilitate their escape.
          42. It was further reported that the Investigating Magistrate,
          Mr. Jean-Louis Bruguière, issued a warrant for the arrest of
          Mr. Mohanimad Azadi and Mr. Farydoum Boyer—Abmadi, suspected of direct
          involvement in the assassinations, and Mr. Hossein Sheikhattar, adviser at the
          Iranian Ministry of Telecommunications, for complicity in the crime. Another
          person allegedly involved, Mr. Amirola Teimoori, Iran Air chief of airport
          security at Orly Airport, was reportedly released from custody on
          1 November 1991.
          B Enforced or invoiluiitaxy disappearances
          43. The Special Representative wishes to point out that the Working Group on
          Enforced or Involuntary Disappearances of the Commission on Human Rights has
          transmitted to the Government of the Islamic Republic of Iran a total of
          500 cases of missing persons, one of which was reported to have occurred in
          1992 • So far only one case has been clarified by information received from
          non-governmental sources.
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          C. Right to freedom from torture D X cruel. human br degrading
          treatment or piinisbrneS
          44. It has been reported that the prohibition of all forms of torture for the
          purpose of extracting confessions or acquiring information contained in
          article 38 of the Constitution of the Islamic Republic of Iran continues to be
          flouted.
          45. Common methods of physical torture reportedly include suspension for long
          periods in contorted positions, burning with cigarettes and, most frequently,
          severe and repeated beating with cables or other instruments on the back and
          the soles of the feet. Beatings can last for hours at a time, with guards
          taking turns inflicting lashes. It was reported that sometimes a blanket or
          cloth is stuffed into the victims mouth to stop him or her from screaming ,and
          making it hard to breathe properly. Usually the victims are blindfolded and
          strapped to a kind of bedstead, or held down by guards sitting on their
          backs. Some prisoners were unable to walk at all when the beating ended, and
          had to drag themselves back to their cells along the floor. Some still bear
          scars on their feet years after the beatings took place. Prisoners have
          described how their legs would swell and their clothing would be stained with
          blood from the feet to the thighs as a result of beatings. Beatings on the
          back have often resulted in serious kidney problems.
          46. It was said that for political prisoners stress and uncertainty were
          constant pressures. Prisoners have been kept blindfolded for hours or days at
          a time, so that they became disoriented and insecure. Torture and arbitrary
          punishment could reportedly occur at any time, without warning. Prisoners
          were usually tortured immediately following their arrest, but could be
          subjected to torture at any time during their imprisonment, both before and
          after trial.
          47. It has been reported that torture and other forms of physical or
          psychological ill-treatment were applied not only to obtain information but
          also to extract statements; sometimes the torture was recorded on film. Other
          arbitrary punishments include being kicked or punched, made to stand without
          moving for hours or days at a time, cancellation of family visits or reduced
          food.
          48. The specific cases described below were reported to the Special
          Representative.
          49. Reported was the torture while in detention in the prison of Shiras of
          Mr. Ehalil Akhlaghi, born in 1939 at Ghenaveh, Bushehr province, son of
          Cholamali and former employee of the Iranian Electronic Industry. He was
          arrested in November 1989 and held for 14 months in solitary confinement
          during which he was allegedly submitted to physical and psychological
          tortures. He was reportedly beaten frequently with electrical wires on the
          soles of his feet to the degree that he began to find it extremely difficult
          to sleep and even to walk properly without experiencing pain. Because of
          blows to his face and head, he has also lost all hearing in his right ear. As
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          a result of these tortures, he allegedly agreed to copy prewritten documents
          with his own hand and signS them. This was called by the authorities a
          “confession of spy activities”.
          50. It was also reported that Mr. Akhlaghi was arrested and tried by vi rLtue
          of the accusations made against him by Mr. Bahrain Dehghani, son of
          Zin-Al- -Abedien, also charged with spying. However, Mr. Dehghani, in a
          document written and signed by him in 1990 and submitted to the Islamic
          Revolutionary Court of Shiraz, stated before God that he, Mr. Akhlaghi and
          other persons were totally and completely innocent of all charges. He added
          that he had made the accusations under physical and psychological torture
          inflicted during his interrogation.
          51. Also reported was the torture while in detention in Evin prison of
          Mr. Mohanirnad Rahim Bakhtiari, a football player arrested in September 1991.
          The reasons for his detention are not known.
          52. Further reported was the torture while in detention in the Security and
          Information Office of Agahi neighbourhood, Tehran, and in Evin prison of
          Mr. Hossein Dashtgerd, a soccer referee arrested in September 1991. The
          reasons for his detention are also not known.
          53. Reported was the psychological torture while in detention in Masjed
          Soleiman prison of Mr. Jabanbakhsh IChosravian Chain Pin (prison identity card
          No. 524). He was arrested, on his return to Iran from India, on charges of
          drug addiction. Prison authorities allegedly said to his family that he had
          become mad as a result of his addiction to drugs. He categorically denied
          being an addict and stated that this accusation had ruined his reputation and
          his chances for employment in the future.
          54. No measures are known to have been taken during 1992 to establish legal
          or procedural safeguards against prisoners being tortured.
          55. Although the Iranian press has apparently ceased to report the infliction
          of cruel, inhuman or degrading punishments such as amputation, it has reported
          some cases of flogging.
          56. According to a dispat ch from Reuters of 10 June 1992, an unspecified
          number of people were sentenced to be flogged by the Islamic Revolutionary
          Court of Mashhad for their part in the May riots in that city.
          D. Administration of justice
          57. It has been reported that common and political trials in the Islamic
          Republic of Iran continue to fall far short of internationally accepted
          standards for fair trials. In particular, trials in Revolutionary Court are
          almost always held in secret, inside prisons; proceedings are summary, with no
          possibility for the detainee's family or even for defence counsel to attend.
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          58. It has been reported that the law guaranteeing all defendants the right
          to appoint an attorney does not in fact provide for qualified legal counsel
          and does not safeguard the right to legal representation provided for in
          article 35 of the Iranian Constitution and article 14 of the International
          Covenant on Civil and Political Rights, on the grounds that any Muslim is
          eligible to represent the accused in court. The bill approved by the Assembly
          for Determination of Exigencies of the State refers only to an attorney
          (Vakil), who apparently need not be a legally qualified professional, and not
          to an attorney—at-law ( VaJcik e-fladgostari) , a qualified lawyer. Such a person
          would not, according to article 14 (6) of the International Covenant on Civil
          and Political Rights and international standards, be considered competent to
          assist a defendant in preparing the defence or to inform the defendant of his
          or her legal rights.
          59. Furthermore, it was said that no mention is made of the defendant's right
          to have a lawyer assigned to him/her if he/she is unable to appoint one, and
          no provision appears to have been made guaranteeing the defendant the right to
          apply to the Supreme Court if his/her right to have access to legal counsel
          and to be represented in court by a lawyer is not respected.
          60. It was also said that the new bill, in its present form, fails to
          guarantee the defendant's right to legal counsel in accordance with
          article 35 of the Constitution of the Islamic Republic of Iran (which provides
          that both parties to a lawsuit have the right in all courts of law to select
          an attorney and that, if they are unable to do so, arrangements must be made
          to provide them with legal counsel), and with Precedent No. 71/62, Decision
          No. 15, established in 1984 by the General Board of the Supreme Court of
          Iran. This precedent stated:
          “Involvement of the counsel briefed by the Government, in case the
          accused may not have personally named an attorney, is essential in cases
          where the main punishments of that crime could be the death sentence or
          life imprisonment. ... This precedent shall be binding on all benches of
          the Supreme Court and other courts in similar cases in accordance with
          the Single Article of the Law on Judicial Precedent ratified in 1949”.
          It was further said that the new law guaranteeing the defendant's right to
          appoint an attorney, legally now in operation, has not been applied in
          practice. It was also said that this law was not retroactive and consequently
          no sentences handed down before the law ca i ne into force, albeit in the absence
          of defence counsel, were declared null and void.
          61. It has been reported that the continued absence of an independent
          association of lawyers in the Islamic Republic of Iran undermines the
          principle that lawyers must be allowed to carry out their professional duties
          without tear of intimidation and pressure from authorities, The election of
          members of the Bar Council, which had been scheduled to take place on
          9 October 1991, was postponed indefinitely. On 8 October 1991, an act on the
          reform of the Iranian Lawyers' Association was passed, empowering a “Reform
          Council” to dismiss certain lawyers from the legal profession before any
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          election could be held. The members of the “Reform Council”, appointed by the
          Head of the Judiciary, must dismiss lat'iyers who had served in certain
          government posts before the establishment of the Islamic Republic;
          individuals “who have participated in rebellions against the Islamic Republic
          or have acted effectively in support of unlawful groups”; and “members of
          pernicious sects or organizations whose aims are based on the denial of sacred
          religions”. It was also reported that the current President of the Bar
          Association was appointed by the Ministry of Justice in 1982.
          62. It was further reported that other basic safeguards for a fair trial,
          such as the right of prisoners to be tried without undue delay, to bring
          witnesses on their behalf and the presumption of innocence, are still lacking.
          63. It was alleged that political prisoners have no way of being sure how
          long they will remain in prison. Those who are tried may not be informed of
          their sentence for weeks or even months. The sentence itself begins only on
          the day of the judgement; lengthy periods of pre—trial detention are not
          subtracted from the prison term. Even when the sentence expires, prisoners
          may not be released unless they have “repented”.
          64, It has been said that prisoners' attempts to organize group activities
          have led to harsh punisbznent. This allegedly has applied not only to actions
          such as protests against prison conditions, but even to organizing a study
          group or physical exercise.
          65. It has been alleged that many prisoners are still held in prison years
          after the expiry of their prison sentences and that their release appears
          conditional on their agreeing to sign a statement of repentance, Some
          political prisoners have been released only after agreeing to ãive videotaped
          interviews, sometimes lasting several hours, in which they confess at length
          to their alleged wrongdoings, denounce their political organization and pledge
          support for the Islamic Republic. These interviews may then be shown on
          television.
          66. In other cases political prisoners are required to sign statements
          condemning their organizations and pledging that they will not take part in
          political activities in the future. It was further said that they are obliged
          to pledge property and have a relative stand as guarantor for them. Should
          the released prisoner not return to prison when summoned, the guarantor may be
          called in his or her place as a substitute prisoner. Prisoners may also be
          required to sign statements that they will not speak to anyone about their
          experiences of imprisonment.
          67. It has been reported that prisoners on leave must register at designated
          Islamic Revolutionary Committees and must also keep in contact with the prison
          authorities. Such leave may be either for a specific period of days, weeks or
          months, or may be indefinite. However, even if the leave is for an
          unspecified period, there is no doubt that their files remain open at the
          prison and that they are still considered prisoners and may be recalled to the
          prison at any time for interrogation or to complete their prison terms.
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          68. The Special Representative has received reports of the arrest of hundreds
          of persons following demonstrations and riots in several Iranian cities.
          69. It was reported that at least 30 persons were arrested in Kahrizak
          district, Kermanshah, on 1 March 1992. On 2 March 1992, at least 10 people
          were arrested following demonstrations at Ehajeb Nassir University in Tehran.
          During a house-to-house search at Jaafarabad, Kermanshab, on 4 March 1992,
          89 people were arrested. On 11 March 1992, 90 persons were arrested at
          Ramhormoz and 28 people were arrested in Mahshahr. On 4 April 1992, several
          persons were arrested during demonstrations at Tabriz, East Azerbaijan
          province, and during violent incidents at Takab, Azerbaijan. On 5 April 1992,
          46 people were arrested at Mashhad. On 14 April 1992, 100 persons were
          arrested at Dargaz, Lorestan province.
          70. According to a dispatch from Reuters of 11 June 1992, on 15 April 1992
          there took place riots at Shiraz, Pars province, during which two petrol
          stations, a police station and 15 vehicles were set on fire or destroyed.
          Other sources reported that at least 60 persons were arrested following those
          riots. During April 1992, incidents and demonstrations also took place at
          Khorramabad, Lorestan province, and Chahar—Mabal, Bakhtiari province.
          71. On 9 May 1992, at least 165 people were arrested at Ahar. On
          10 May 1992, 51 persons were arrested at Kahrameh, a town near Shiraz. These
          incidents were reportedly followed by 260 arrests after violent demonstrations
          at Arak, Central province, during which some government buildings and banks
          were burned and several vehicles were destroyed.
          72. The demonstrations on 20 and 21 Hay 1992 at Shustar provoked the
          declaration of a state of siege in that city, followed by a large number of
          detentions. On 30 Hay 1992, a series of protests took place at Mashhad,
          Rhorasan province, apparently sparked off by incidents such as attempts by
          municipal authorities to destroy illegally constructed dwellings and forcibly
          evict their inhabitants. During the rioting at Mashhad more than
          100 government buildings, banks and stores were burned or wrecked, according
          to a Reuters dispatch of 10 June 1992. The Special Representative received
          reports that the authorities officially had announced that 300 persons were
          arrested following the riots. Other sources reported, however, that the real
          number of detainees was several times higher. On 10 June 1992, 130 persons
          were reportedly arrested at Bukan.
          73. The Head of Judiciary, Ayatollah Mobammad Yazdi, was quoted by Reuters on
          1 June 1992 as saying that a number of experienced judges bad been assigned
          special briefs to deal with the perpetrators of the Mashhad disturbances.
          Some officials described those arrested as “corrupt on earth” and
          “insurgents”. The Khorasan provincial governor, Ali Jannati, was reported to
          have said that the interrogation of more than 300 detained people indicated
          the involvement of “foreigners and agents of arrogance”,
          74. According to a dispatch from Reuters of 10 June 1992, an unspecified
          number of people were sentenced to long prison terms by the Islamic
          Revolutionary Court of Mashhad for their part in the May riots in that city.
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          75. The Iranian news agency IRNA reported on 11 June 1992 that the Supreme
          Leader of the Islamic Revolution, Ayatollah All Khamenei, urged the
          authorities to “seek out troublemakers and eradicate them like weeds”. It
          also quoted Mr. Mohanimad ICarami, Prosecutor of the Islamic Revolutionary Court
          of Shiraz, as saying that 45 people were sentenced to between four months and
          10 years i mprisonment for their role in the Shiraz riots of 15 April, and that
          20 more people were still being tried.
          76. According to a dispatch from the Associated Press of 10 June 1992, the
          spiritual leader of Iran, Ayatollah Ali !Chamenei, told the Majlis that the
          incidents at Mashhad, Shiraz and several other cities were “led by small,
          hidden and masked counter-revolutionary elements”.
          77. It has been reported that those people were sentenced following unfair
          trials and procedures which were not consistent with internationally
          recognized standards of fairness. Some of those trials resulted in death
          sentences, and a number of people were sentenced to be flogged and/or to
          long-term imprisonment, while a number were yet to be tried.
          78, It was further reported that the Iranian Government had set up a special
          anti-riot Pasdaran unit called the Army of Ashora ( Sepahian—e-Ashora ) to crush
          any future demonstrations and riots in the major cities of Iran.
          79 , On 30 July 1992, there took place at Shush house-to-house searches during
          which Mr. Hassan Hori, Mr. Reza iCalachi and Mr. Abmad Gbiyassi were reportedly
          arrested.
          80. It has been reported that the authorities have failed to provide any
          information on the names and situation of most of those arrested, except the
          names of some of those arrested who were subsequently executed.
          81. The Special Representative has received information on the following
          specific cases of detention arbitrarily imposed.
          82. The arbitrary detention was reported, on four different occasions, of
          Mr. Ali Zabmat Kesban in Baluchestan province, for political reasons. He
          stated that the unjustified arrests had ruined his reputation and damaged his
          job. He demands to be rehabilitated.
          83. The arbitrary detention was further reported of Mr. Ismail Barzegar, by
          the Office of the Ministry of Justice at Rasht, Gilan province, on suspicion
          of collaborating with an armed gang. The accusation was proved to be
          unfounded. He demanded to be rehabilitated and to receive social and economic
          assistance.
          84. The arbitrary detention was reported of Mr. Gholam Reza Koushki, born
          in 1953, son of Mr. Seyyed Wali (identity card No. 514 issued at Sanandaj), on
          suspicion by the Office of the Revolutionary Attorney of Rhoramabad of being a
          collaborator of the so-called F'edayin Organization—Majority Line. The
          accusation was proved unfounded and he was consequently released. However, he
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          has lost his job as a teacher and, as a result of his imprisonment, the
          General Office of Education has withdrawn his teaching licence, thus
          preventing him from exercising his profession.
          85. The Special Representative has also received reports of the following
          cases of alleged impunity of government officers:
          (a) A founder of the Nohovat Foundation has reportedly been charged with
          misappropriation. He was accused of dealing dishonestly with property
          entrusted to him and sentenced to two years' imprisonment. However, he was
          promptly released;
          (b) A former chief of the Police Information Office, suspected of
          organizing armed gangs, has allegedly been removed from his post. However, no
          judicial action has reportedly been initiated against him.
          86. The Special Representative requests information from the Government
          regarding the situation of the prisoners listed in appendix I to the present
          report.
          87. On 22 January 1992, the International Committee of the Red Cross (ICRC)
          started to visit prisons in the Islamic Republic of Iran, at the request of
          the Iranian Government and on the basis of an agreement setting forth the ICRC
          standard procedures, in particular access to all detainees, interviews without
          witnesses, repetition of visits and confidentiality of its delegates'
          observations. It was said that some difficulties were encountered in fully
          implementing the agreement. On 21 March 1992, while ICRC was negotiating with
          the Iranian authorities, it was notified by the Ministry for Foreign Affairs
          that all its activities were to be stopped and its 15 delegates obliged to
          leave Iranian territory.
          88. According to an ICRC press release dated 27 March 1992, to justify their
          decision the Iranian authorities made accusations against ICRC concerning the
          manner in which it was fulfilling the mandate conferred on it by the Third
          Geneva Convention of 1949 in respect of Iraqi prisoners of war and conducting
          the activities it had undertaken in the country's prisons, on the basis of the
          bilateral agreement. ICRC categorically denied these accusations and stated
          that all its activities in the Islamic Republic of Iran were conducted in
          compliance with the principles guiding its operations everywhere in the world
          and that it had therefore always worked openly with the Iranian authorities.
          ICRC also stated that it was extremely concerned by the consequences in
          humanitarian terms of the interruption of its activities, in particular since
          there! were more than 20,000 Iraqi prisoners of war on Iranian territory,
          several thousand of whom remained in captivity, many of them for over 10 years.
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          E. ireedom of ezpression opinion and the press
          89. It has been reported that the constitutional guarantees of freedom of
          expression and freedom of the press contained in article 24 of the
          Constitution of the Islamic Republic of Iran are largely ignored. The
          President of the Republic, in the course of a meeting with the former Minister
          for Culture and Islamic Guidance on 26 January 1992, stated that “criticism
          and discussion of problems in the press, dailies and periodicals, and in an
          open environment, without bearing grudges and without hatred, can help the
          growth and development of society”. None the less, it was said that, in
          reality, any criticism of the Government or its policies remains subject to
          punishment and is perceived to be potentially dangerous because it could serve
          the enemies of Islam.
          90. It was reported that while the Iranian media do not lack variety, they
          are by no means free and that radio and television broadcasts are subject to
          extensive self—censorship and censorship.
          91. An editorial of the Iranian newspaper Tehran Times of 27 July 1992 stated
          the following: “Host newspapers were afflicted with self-censorship or with a
          kind of party and group vengeance because, after the victory of the
          revolution, officials in charge of the country's important newspapers were
          mainly comprised of two parts: those who desired to use the newspapers as a
          ladder of success to reach higher state posts or those who left posts as
          ministers and top officials and fell in status and turned to the press to be
          present in the country's politic-economic scene”. The newspaper added, “It is
          below the dignity of the Islamic Revolution of Iran that, after 13 years, a
          permit for the set-up of the country's syndicate of journalists has not been
          issued under conditions when land and automobile brokers have established
          their powerful unions with government permits. The Iranian Journalists'
          Society still lacks a syndicate”.
          92. It was further alleged that the Government' s monopoly on newsprint has
          served as a highly effective censorship mechanism owing to the private
          sector's limited access to resources.
          93. It was said that possession of a typewriter, photocopier, computer, fax
          machine or short—wave radio not registered with the authorities incurs severe
          punishment.
          94. It was also reported that many valuable archives, notably concerning the
          Islamic revolution, have been destroyed.
          95. On 18 April 1992, the Secretary of Qom Theological School,
          Ayatollah Fazel Lankarani, called on the authorities to be more careful in
          supervising publications. He appealed to the President to remove
          counter—revolutionary elements and those against Islim from cultural
          institutions and urged the judicial authorities to react seriously towards any
          insult against Islam and bring those guilty to justice, according to the
          Tehran Times of 20 April 1992.
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          96. It has been reported that in April 1992, the sports monthly flt was
          banned on charges including apostasy after accusations that the magazine had
          insulted Islamic society for having published a caricature of a football
          player which allegedly resembled the late Imam. Its editorial chief,
          Mr. Nasser Arabha, and its designer were arrested and are reportedly awaiting
          trial. The magazine's premises were burned by a mob.
          97. It was reported that the premises of the cultural weekly PQnya-é-Sokhan
          were also burned subsequent to its prohibition by the authorities. Its
          editorial staff was reportedly arrested.
          98. It was further reported that the feminine weekly Zan-ê--Rous was banned by
          the authorities.
          F. Political rights
          99. It was reported that in the election campaign for the parliamentary
          elections of 10 April the candidates were not allowed to print posters or to
          hold rallies because these were supposed to be “Western style” electioneering.
          100. It was further reported that the qualifications of 39 former Majlis
          deputies were not confirmed by the screening committees of the Guardians
          Council. Among those disqualified were reportedly six IAJarn . The
          applications of one third of the over 3,000 candidates were turned down,
          according to the newspaper Salam of 8 April 1992.
          101. The former Heavy Industries Minister, Mr. Behzd Nabavi, in an open
          letter, demanded that the Council publish the reasons for his rejection in the
          press. Hojjatoleslam Sadeg Khalkha].i stated that he did not know why be was
          disqualified. According to Salam of 8 April 1992, he said: “We have
          repeatedly told the Guardians Council to publicly state our offences, but so
          far no one has told us anything and we have not been asked for a question and
          answer session. If we are treated in such a manner, think what will happen to
          others”.
          102. The Association for Women of the Islamic Republic criticized, on
          6 April 1992, the disqualification of several female candidates by the
          screening committees of the Guardians Council. It further deplored the
          rejection of several women candidates who it said have been and are among “the
          most pious and committed personalities of the Revolution and have sacrificed
          their most beloved ones for the stabilization of the Islamic Republic system”.
          103. According to the Tehran Times of 16 April 1992 members of the police at
          Boroujen had stepped in to scatter two groups of political opponents who were
          on the verge of a serious fight near a polling station on 10 April 1992.
          However, the Majlis deputy from Boroujen , Mr. Davoud Towhidi, stated at the
          Majlis on 14 April that the police had physically abused some voters at
          polling booths and even opened fire on them.
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          C. e situflion at women
          104. The Special Representative has received reports that Iranian women
          continued to be banned from pursuing studies in agriculture, engineering,
          mining and metallurgy, and from becoming judges. In higher education, women
          are reportedly banned from 91 fields of study out of 169, 55 fields out of 84
          in technology and mathematics and 7 out of 40 in natural sciences, and from
          all four fields of agriculture. It was reported that in the faculties of
          Letters and Humanities, out of 35 fields only 10 are available to women.
          Strict sexual segregation of teachers and students has allegedly resulted in
          the closure of many schools for girls owing to a lack of female teachers,
          overcrowding of classes and a severe decline in standards. In rural areas in
          particular, this has allegedly meant a denial of education to girls. It was
          said that more than 40,000 women elementary and high school teachers were
          fired by the Government during the period 1980-1985. Concern was voiced over
          reports indicating that 89 per cent of rural Iranian women are illiterate!
          105. It was further reported that the employment rate for women has been
          drastically reduced, from 13 to 6.5 per cent. It has also been stated that
          women have to obtain the official permission of their husbands in order to
          work or to travel abroad.
          106. Other reports indicate that men have the right to marry four wives and an
          unlimited number of “temporary” wives; judges see divorce as the exclusive
          right of men. Women cannot have custody of their children unless there is no
          father or grandfather 1 and if a woman refuses to meet her husband's demands
          she loses her rights to shelter, food and clothing. It was further reported
          that the practice of polygamy and of short—term marriages has become
          widespread.
          107. Further, it has been reported that women can inherit only half as much as
          men, that women are segregated from men on public transport and that the
          public display of women's sports is subject to several restrictions. It was
          also said that the marriage of nine-year-old girls is sanctioned.
          108. Concern continues to be voiced over legal provisions requiring women to
          observe Hijab by showing no more than their face and hands in public, wearing
          clothes that must completely cover their bodies. According to reports
          received by the Special Representative during 1992, arrests of Iranian women
          for non-observance of the full Islamic dress code or wearing make-up,
          colourful garments or adornments have continued. Offenders may receive a
          maximum of 74 lashes, be jailed or heavily fined, or be released after signing
          a commitment to observe the Islamic dress code.
          109. It was reported that on 16 May 1992, several women were arrested in
          Tehran on charges of disregarding the Islamic dress code. The arrests were
          reportedly made during a search-and-control operation carried out in private
          companies, clinics and public places, including the Tehran suburbs, by the
          forces of the Greater Tehran Security District.
        
          
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          110. It has been further reported that 165 improperly veiled women were
          arrested on 7 June 1992 in Teliran by security agents implementing a new plan
          to combat social corruption; 139 women were reportedly released after signing
          a commitment to observe the Islamic dress code.
          111. On 21 July 1992, several women were reportedly arrested in Tehran and
          Shiraz by groups of Guards and Bassij forces, on charges of violating the
          dress code. The women were reportedly taken by buses to unknown locations.
          112. On 22 July 1992, several women were reportedly arrested at Roudsar,
          Isfahan and Ahwaz for being improperly veiled.
          113. On 1 August 1992, groups of Guards and Bassij forces reportedly arrested
          several women in Tehran, Qazvin and Ghorgan for being improperly veiled. It
          was further reported that two guards poured green paint on the head and face
          of a woman arrested on Jonihouri intersection in Tehran.
          114. It was further reported that two girls and a woman and her two children,
          were arrested on improper—veiling charges at Shabsavar.
          H. Right _ to i !ork
          115. It was reported that Mr. Amir Askari, a civil engineer employed by Djihad
          Sazandegui c.a.d., an organization charged with the country's reconstruction,
          suffered a serious accident while he was working, as a result of which he was
          dismissed from his job. Numerous appeals and letters demanding medical and
          social assistance from that organization have been answered by stating that
          all demands against Djihad Sazandegui c.a.d. are inadmissible. Mr. Askari
          declared his support for the Government but not for the labour policies of his
          former employer. He is responsible for 10 people who depend on him for their
          subsistence.
          116. It was also reported that Mr. Morshed Mi, an almost blind man who has
          been dismissed from his job, has written numerous letters and appeals to the
          authorities requesting then to give him back his job or, alternatively, to
          give him social assistance. He has allegedly never received a response.
          117. It was reported that Mr. Culam Reza Koshki, a teacher of Larstaan,
          Khoramabad, had his teacher's permit withdrawn in 1987 as a consequence of his
          detention in 1986 on charges of participating in the creation of an opposition
          group, the so-called Rakhgar Pedayan Khalq Organization. Re was released in
          1987 after be reportedly gave guarantees not to collaborate with opposition
          groups in the future. Since then, he has reportedly had no opportunity to get
          a job.
          t. Right to educatiQu
          118. It was reported that Mr. Mohammad Ziai Pour was expelled from the
          University of Tehran because he did not agree to fill in forms concerning his
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          ideological beliefs, citing reasons of principle. The university refuses to
          give him his certificates, thus preventing him from continuing his studies at
          another university or abroad.
          1. flght of evecyone to own prqperty
          119. It was reported that Mr. Ismail Movasseghian, an 81—year-old resident of
          Ardebil, East Azerbaijan, suffered the arbitrary closure of a gymnasium on his
          property. He allegedly had all the necessary authorizations, in spite of
          which Mr. Djazaeri, Director of Public Places, and Mr. Abbas Seyyed Hatami,
          Director of Physical Activities and Sports, arbitrarily ordered the closure of
          his establishment and the arrest of its director. Several appeals to the
          Office of the Inspector—General, to the Office of the Attorney and to the
          Deputy Minister for Sports have received no reply.
          120 , It was reported that Mr. Mebdi Hadji Moniri, a former Director of Civil
          Aviation of Iran and a veteran air force officer expert in the administration
          of the aviation industry, had his property confiscated for unknown reasons,
          without compensation. His real estate and personal property have reportedly
          been sold and their ownership transferred to the Government. Several
          petitions addressed by him to various Iranian authorities have never been
          answered.
          121. It was further reported that the Iranian authorities confiscated, without
          compensation, the personal property and real estate of Mr. Hassan Nazih,
          former Iranian Minister for Oil, together with that of his wife and four
          children. Several petitions addressed by him to several Iranian authorities
          asking the reasons for the confiscations have never been answered.
          122. It was also reported that the private property of Mr. Satar Salimi was
          confiscated without compensation. The property, valued at US$ 10 million,
          included a collection of antiques and more than 5,000 books and manuscripts.
          His sister-in—law, Mrs. Amir Hossein Salimi, has recently received a
          governmental order of eviction from her flat, located in Kargar—e-Chomali
          No. 60, 17 Avenue, Tehran, where she is living with her children. They have
          reportedly no resources to rent other lodgings.
          K. flffiedom of religion and the situation of the Bahali community
          123. The Special Representative has received reports that prominent Christian
          religious leaders and lay persons continued to be persecuted solely because of
          their religion. Although Christianity is one of the four religions officially
          recognized by the Government, it was said that in practice recognition
          includes only several hundred thousand ethnic Armenians and Assyrians and not
          believers with a Muslim background or Muslim converts. It was further said
          that although the Islamic legal system proclaims toleration of different
          religions, its prohibitions against conversion from Isla m create an
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          environment of religious intolerance. Mr. Mehdi Dibaj, a church leader and
          former Muslim, continues to be held in prison because of his religious belief.
          124. It was alleged that some Iranian newspapers have blamed the Zoroastrian
          community in Iran for the reported phenomenon of conversion of some Iranian
          Muslims outside Iran and have associated them with political dissidents. It
          was further said that Zoroastrians in Iran were afraid that any information
          about their problems and alleged restrictions would produce more hardship and
          that the authorities would consider that they were creating adverse publicity.
          125. Also reported were alleged restrictions on the followers of the Ahlehagh
          faith.
          126. It has been reported that, since 1979, Eaba'is have been systematically
          harassed and discriminated against for their religious beliefs and that
          199 Eaha'is have been killed; 15 other Baha'is have disappeared and are
          presumed dead. It was further reported that after a cessation of executions
          for a period of three and a half years, Mr. Babman Samandari, a member of the
          Baba'i community in Iran, was arrested on 11 March 1992 and executed in Evin
          prison in Tehran on 18 March 1992 (see para. 21 above). At the time of
          writing no reason for his execution had been given by the judicial or prison
          authorities, nor had the location of his grave been disclosed.
          127. It was reported that Mr. Hassan Mahboubi, a prominent leader of the
          Baha'i community in Iran, was run over on 21 July 1992 under strange
          circumstances.
          128. It was reported that Mr. Bihnam Mithaqi and Mr. Kayvan Khalajabadi, two
          Iranian Baha'is who were arrested three years ago, have recently been called
          before prison authorities where they were orally informed that an Islamic
          Revolutionary Court had issued a verdict condemning them to death because of
          their Baha'i faith. The trials which resulted in the death sentences for the
          above-mentioned persons took place without the assistance of defence lawyers.
          Two Muslim lawyers were reportedly engaged by the defendants but, having taken
          some initial steps, they found themselves unable to continue and resigned.
          During his third visit to the Islamic Republic of Iran, the Special
          Representative met with these people in Evin prison in Tehran.
          129. It was further reported that on 17 June 1992, Mr. Ruhu'llah Ghedami, a
          Baha'i from the village of Muzaffariyyih, was brutally murdered at the hands
          of two members of the “Disciplinary Forces” of the Government. It was alleged
          that the murderers were acting in the hope of impunity, as the Baha'is enjoy
          no protection under the Constitution of the Islamic Republic of Iran and are
          referred to as belonging to the “wayward Baha'i sect” in official government
          documents. However, in this case the two killers were apprehended and
          imprisoned by the Iranian authorities who reportedly seem to be dealing with
          this crime in a serious and judicial manner. The two killers appear to have
          acted on their own.
        
          
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          130. It was said that the arbitrary arrest and detention of Baha'is continues
          in Iran. On 1 April 1992, Mr. Hussain Eshraghi, an elderly Baha'i, was
          arbitrarily arrested at Isfaban and is still in prison. On 21 May 1992, four
          women were arrested at Sari. Three of them are Baha'is and were accused of
          talking about the Baha'i faith to the fourth person, a 22-year-old girl.
          Recently, three of the women were released after interrogation while the other
          remains in custody. Similarly, on 31 May 1992, a Baha'i woman was arrested at
          Shahinshahr, Isfahan, and charged with talking about the Baha' i faith to one
          of her non-Baha'i friends. Both women were detained. Recently the non—Baha'i
          woman was released. It was reported that, as at 1 July 1992, the total number
          of Baba'is imprisoned in the Islamic Republic of Iran was 10.
          131. For over 12 years Baha'is have been systematically denied access to
          institutions of higher education such as universities and colleges. However,
          Baha'i children and youths who bad been expelled have been allowed to return
          to elementary and secondary school. It was further reported that Baha'is were
          also experiencing serious difficulties in circulating Baha'i books among
          themselves and in holding classes to instruct their own children in spiritual
          and moral values. In January 1991, the Ministry of Information ordered the
          closing of Baha'i children's classes throughout Iran.
          132. Neither Baha'i marriages nor divorces are legally recognized in the
          Islamic Republic of Iran. Baha'is continue to be deprived of inheritance
          rights. For the past 12 years, the Baha'i community has been denied the right
          of assembly and the right to elect and maintain its administrative
          institutions. These institutions constitute the core of religious community
          life, considering that there is no clergy in the Baha'i faith. Without
          administrative institutions the very existence of the Baha'is as a viable
          religious community is said to be seriously endangered. As individuals,
          Baha'is are officially considered “unprotected infidels” and, therefore, their
          civil rights and liberties are often ignored. The non—recognition of their
          religion manifests itself in various ways, including the denial of the basic
          right to express their religious beliefs freely.
          133. It was also reported that many Baha'is in Iran continue to be deprived of
          the means of earning a living. A considerable number of the more than 10,000
          Baha' is who were dismissed from positions in Government and education remain
          unemployed and receive no unemployment benefits. Some Baha'is dismissed from
          government posts have even been required to return salaries or pensions paid
          to them. The retirement pensions of Baha'is dismissed on religious grounds
          have been terminated.
          134. On 28 October 1989, the Office of Insurance and Pensions of the Army
          stated that the pension of a dismissed captain was suspended because of his
          membership in the “misguided Baha'i sect” and in accordance with a letter
          dated 21 August 1984 by the Islamic Revolutionary Army Court.
          135. On 24 September 1991, the Director of the Office of Insurance and
          Pensions of the Ministry of Defence and Support of the Armed Forces sent a
          letter which states: “Based on the information received, you are a Baha'i and
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          therefore not entitled to pension payments. However, should you convert to
          Islam and demonstrate remorse for having been a Baha'i and further provide
          this office with proof that you have embraced Islam, steps will be taken to
          restore pension payments to you”.
          136. On 20 November 1990, the Preliminary Committee of Reconstruction stated
          that a technician of the Institute of Public Health Research of Tehran
          University, who retired after 24 years of service, had been found guilty of
          the “crime of membership” in the Baha'i sect and therefore permanently
          dismissed from his government post and that his pension had been
          discontinued. On 12 January 1991, the Eighth Branch of the Court of
          Administrative Justice stated: “Based on the penal code and the existing
          records, the judgement by the preliminary Committee of Reconstruction being
          still in force, there are no legal grounds to pay the pension or to bring back
          the file into circulation, The complaint is therefore dismissed and this
          judgement is final”.
          137. On 17 December 1991, the Review Committee of Administrative Offences of
          the National Steel Company of Iran of the Ministry of Mines and Metals
          stated: “In view of the fact that the offence committed by this retired
          employee is clear, in that he belongs to the misguided sect which is
          recognized as being outside the domain of (slain, this constitutes the reason
          for his permanent dismissal from his government post. The employee can appeal
          this verdict within one month, bringing the matter to the attention of the
          Court of Administrative Justice for review”.
          138. On 24 June 1991, the Ninth Branch of the Court of Administrative Justice
          stated: “Due to the fact that membership in the misguided Baha'i sect, a sect
          which is considered to be outside Islam, is cause for dismissal from all
          government posts, with all that it might imply, and taking into consideration
          the fact that the complainant has not denied membership in the misguided sect,
          the Court does not find the complaint acceptable. This verdict is final”.
          139. On 5 May 1991, the committee in charge of administrative of fences of the
          Ministry of Education and Development stated that a teacher of Ramsar had
          committed the offence of belonging to the misguided Baha'i sect, according to
          the second paragraph of article 19 of the law addressing administrative
          offences, and sentenced him to be barred from any government posts, according
          to article 13 of the above-mentioned law. This verdict was subject to
          investigation by the Review Committee.
          140. Incidents of harassment have been reported in the cities of Karaj and
          Aran in Kashan where Baha'is were ordered to close their stores. Baha'is are
          not officially allowed to open their own businesses. Baha'i farmers are
          denied admittance into farmers' cooperatives which are often the only source
          of credit, seeds, fertilizer and pesticides.
          141, It has recently been reported that elderly and widowed Baha'is were
          evicted from their homes. Over the years, large numbers of private and
          business properties, including homes and farms, have been arbitrarily
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          confiscated from Baha'is. Many of these properties are being sold at auction
          with no consideration being given to the appeals of the Baha'is concerned.
          142. A recent document issued by the Prosecutor of the Isla mic Republic of
          Iran in Tehran states that a woman “is accused of affiliation with the wayward
          Baha' i sect” and, therefore, “she has been sentenced to complete confiscation
          of all her belongings”, which are placed “under the authority of selected
          lawyers of the spiritual guardians”.
          143. On 23 May 1990, the Third Branch of the Islamic Revolutionary Court found
          a woman guilty of “belonging to the misguided Baha'i sect, of activities for
          its illegal administration, and of leaving the Islamic Republic of Iran”.
          Therefore, an order was issued “to confiscate all her belongings, whether
          known or unknown, or whether she has registered them in her name or in the
          name of others”. On 7 December 1991, the secretariat of the Court reported
          that “all her belongings were put at the disposal of the appointed Trustees of
          the Institution of Religious Leadership, following the decree of the Nation's
          main, sanctified be his noble Being'.
          144. It was further reported that Baha'i—owned holy places, historical sites,
          cemeteries, administrative centres and other assets, seized mostly in 1979,
          remain confiscated or have been destroyed. Having access only to those
          cemeteries which the Government has designated for them, Baha'is in many
          localities experience difficulties in burying their dead. It was further
          alleged that Baha' is are not permitted to mark the graves of their fellow
          Baha'is, making it almost impossible to identify the graves of their loved
          ones.
          145. The most recent wave of persecution is said to have profoundly affected a
          whole generation of Baha'is in the Islamic Republic of Iran. Reportedly, they
          have been repeatedly offered relief from persecution if they were prepared to
          recant their faith.
          146. It was further reported that Baha'is are not free to leave the Islamic
          Republic of Iran, as it is almost impossible for them to obtain passports.
          147. Eej'han newspaper published on 22 January 1992 an article which stated:
          “One of the major intrigues of the West to continue their domination of
          the Islamic communities has been the creation of trivial sects. Baha'ism
          and Vahhabism being two such examples. ... From the beginning of its
          appearance, Baha'ism has been an instrument of Western imperialism in the
          Islamic countries, especially in the Islamic Republic of Iran, in order
          to create religious dissension and to weaken the religious faith and
          fervour of the people. ... Relations with Israel, spying for Zionists,
          and connection with the CIA characterized the activities of this sect in
          the Pahlavi period”.
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          L. The events of 5 April 1992
          148. After the memorandum was sent to the Government of the Islamic Republic
          of Iran, the Special Representative was informed that at 0720 hours on
          5 April 1992, 13 F-4 Phantom combat aircraft of the Iranian Air Force attacked
          the Ashraf military base in Iraqi territory, which belongs to the self-styled
          Iran National Liberation Army of the People's Mojaltedin. The attack
          reportedly resulted in the death of one member of the said organization and
          the wounding of 12 others; one aircraft was shot down and its two crew members
          were captured,
          149. According to the Iranian press, the air attack was in retaliation for an
          attack carried out the previous day by members of the said organization
          against the villages of Bishigan and Bayani, situated near the Iraqi frontier
          in the province of Bakhtaran. During the attack, four Iranian citizens
          reportedly died, eight were wounded and seven were kidnapped. The People's
          Mojahedin denied that version, affirming that they had no access to the said
          Iranian zone from Iraq since the Iraqi zone adjacent to that section of the
          frontier was under the control of Kurdish forces, and that the real objective
          of the air attack was to assassinate their leader Massoud Rajavi, who had been
          the victim of an earlier attack in Baghdad, in December 1991.
          14. The war on drug traffic
          150. Various sources have reported to the Special Representative that the
          Iranian Government is continuing to give priority to repressive aspects in its
          fight against drug trafficking. The Islamic Republic of Iran continues to be
          affected by the introduction of opium, heroine and morphine from Afghanistan
          and Pakistan, destined primarily for Europe. In 1991, 175 Iranian security
          agents died in armed confrontations with gangs of drug traffickers. During
          the period from January to July 1992, at least 69 persons were executed after
          being sentenced for drug trafficking. The said sources recalled that the
          international instruments currently in force authorized the application of the
          death penalty only in exceptional circumstances and after judicial procedures
          in which all the conditions and guarantees of due process of law had been
          fulfilled. They affirmed that the fight against drug traffic could not be
          based exclusively on repression and excessive application of the death
          penalty, but must be founded on an analysis of the causes and origins of this
          grave problem and its effects on society. The view was expressed that one
          must not think solely of punishing delinquents but also of the possibility of
          their reform, re—education and social resettlement.
          IV. CONSIDERATIONS
          A. Genex& considerattoits
          151. The Commission on Human Rights, by its resolution 1992/67 of
          4 March 1992, decided to extend the mandate of the Special Representative on
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          the situation of human rights in the Islamic Republic of Iran, as contained in
          its resolution 1984/54 of 14 March 1984, for a further year and requested him
          to submit an interim report to the General Assembly at its forty-seventh
          session and a final report to the Commission at its forty-ninth session.
          152. The present interim report to the General Assembly summarizes the
          information obtained by the Special Representative from January to September
          of the current year. The closing remarks of this report emphasize the most
          important points mentioned in the preceding section on information concerning
          facts and allegations received by the Special Representative. While a few
          conclusions necessary for completing the present interim report are presented
          here, other conclusions and recommendations will appear in the final report.
          In the mean time, the collection of information continues, and the Special
          Representative is awaiting the replies and comments of the Iranian Government.
          153. This section begins with a mention of the fact that up to now, the
          Government of the Islamic Republic of Iran has not responded to the
          application for a visit to the country, nor has it given any answer to the
          memorandum summarizing the allegations concerning human rights violations.
          Consequently, essential elements that went into the report in previous years
          are missing.
          154. Subsequent to the sending, on 25 September 1992, of the above-mentioned
          memorandum to the Government of the Islamic Republic of Iran, the Special
          Representative received other reports concerning alleged violations of human
          rights, which will be duly processed and analysed, communicated to the Iranian
          Government and included in the final report to be submitted by the Special
          Representative to the Commission on Human Rights. That report will also
          include further information on the situation of refugees and victims of
          chemical weapons, as expressly requested by the Commission.
          B. The right to life
          155. The information received during the period January—July 1992 indicates
          224 cases of the application of the death penalty. Other sources cite far
          higher figures. Many of the executions have been attributed to sentences for
          drug trafficking, but the reasons were political in no fewer than 66 cases.
          Even with the most conservative, fully substantiated figure, namely
          224 executions, there is excessive application of the death penalty under the
          international instruments which are in force and binding on the Islamic
          Republic of Iran, especially under the criteria of restrictive application
          established in the International Covenant on Civil and Political Rights.
          156. At least eight persons were executed after being sentenced to death owing
          to their participation in the disturbances that took place at Mashhad and
          Shiraz in April and May 1992, and at least ten more persons were sentenced to
          death for the same reasons by the Islamic Revolutionary Courts of those
          cities. Proceedings against persons arrested on the occasion of those
          disturbances are still in progress. New public demonstrations in September
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          are expected to result in further executions. One must consider that many
          death sentences may have been issued following summary proceedings in which
          the guarantees of due process of law were not observed.
          157. The Special Representative has also received information concerning the
          violent suppression of various public demonstrations of disagreement, some of
          which began as a protest against the destruction, ordered by the municipal
          authorities, of dwellings built in disregard of official regulations.
          158. In the suppression of the disturbances at Mashhad, members of the
          Pasdaran and other public security corps bad made excessive use of force and
          had even fired indiscriminately on the demonstrators. At least eight persons
          had also died during the repression of disturbances at Bukan, also involving
          suppression through the excessive use of force.
          159. The organizations for the defence of human rights are carefully following
          incidents involving violence to Iranian citizens living abroad who are members
          of various opposition organizations. Given the political activity of these
          persons, it can be said that there is an extremely strong likelihood that the
          attempts against them are political in character. Both the Commission on
          Human Rights and the Sub-Commission on Prevention of Discrimination and
          Protection of Minorities have requested the Special Representative to include
          in his reports references to the status of certain proceedings conducted by
          authorities with territorial jurisdiction to try certain criminal cases. New
          cases may be added to those already known and mentioned in earlier reports.
          160. In August 1992, an Iranian citizen living in exile at Bonn, Germany, was
          assassinated. Mr. Fereidoun Farokhzad-Araghi, a poet, cinema actor and
          entertainment impresario was stabbed to death by persons presumed to be
          Iranian secret agents. He had previously been threatened with death, owing
          his political activities abroad.
          161. Concerning the investigation of the assassination of Mr. Kazem Radjavi,
          the judge trying the case requested some information via INTERPOL-Teheran, but
          has until now received only partial replies. The Swiss newspaper 1 4 eCaurrier
          reported in its issue of 22/23 February 1992 that the investigation had
          confirmed the participation of 13 persons in the assassination, including a
          number of Iranian citizens.
          162. In connection with the,assassination of Mr. Shahpour Bakhtiar and his
          secretary, an Iranian citizen named Zeyal Sarhadi has been extradited to
          France. It was reportedly stated in the judicial proceedings that the
          perpetrators and accomplices of this assassination had ties with the Iranian
          intelligence services.
          163. Concerning the right to life, it must be mentioned that the Working Group
          on Enforced or Involuntary Disappearances of the Commission on Human Rights
          has transmitted to the Iranian Government a total of 500 cases that have come
          to its attention over the years, one of which pertains to 1992. Until now,
          only one of the 500 cases has been cleared up, and this was achieved by
          non-governmental sources.
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          C. Torture and other cruel, inhuman or degrading treatment
          or punishment
          164. Reliable information has been gathered on the use of torture and
          ill-treatment to obtain confessions or to prepare evidence to incriminate
          people who apparently have no knowledge of the alleged offences under
          investigation. Although it cannot be asserted that all prisoners are
          subjected to this prohibited treatment, it can be stated that there definitely
          are confirmed cases of persons who have recently been subjected to torture and
          that, political prisoners in particular, do not have any guaranteed protection
          against torture; in other words, despite the provisions of article 38 of the
          Constitution of the Islamic Republic of Iran, they are exposed to attempts to
          extact information from them by means of physical or psychological pressure.
          165. A case in point is how Mr. Amir Entezam, who was Vice-Prime Minister and
          spokesman of the First Provisional Revolutionary Government following the
          collapse of the monarchy, has been and continues to be treated. The case of
          Mr. Entezani deserves the attention of international organizations for the
          defence of human rights. Mr. Entezani has been tortured, kept in solitary
          confinement for 550 days at a stretch and been denied visits for two and a
          half years. Currently, he is reportedly not receiving the medical care be
          needs to completely recover from the serious damage to his physical integrity
          and health caused by torture and ill-treatment in prison (see appendix II).
          166. The Special Representative has received information that sentences of
          flogging have continued to be carried out, especially on many detainees for
          their part in recent urban disturbances and on women found guilty of violating
          official dress codes.
          D. The administration of justice
          167. Observers of the human rights situation in the Islamic Republic of Iran,
          and the Special Representative in particular, have focused special attention
          on the administration of justice. Allegations of irregularities have come
          from different sources; they all concur that proceedings are very summary and
          are held in closed session, that the accused do not enjoy the right of
          presumption of innocence, cannot select their own defence lawyer, submit
          evidence, bring witnesses on their behalf or have recourse to any remedy or
          appeal against their sentences. It should be noted once more that current
          legislation refers only to the assistance of a vakil who need not be a legally
          qualified defence lawyer. Reportedly, in one case the defence lawyer was
          forced to step down because he did not have the minimum qualifications
          required in order to perform his duties properly.
          168. Section III of this report contains extensive information on the
          administration of justice. Notwithstanding the provisions of the laws in
          force, in practice trials continue to be blatantly irregular from the
          standpoint of international standards. There still does not seem to be a
          clear—cut and sustained trend towards the complete and effective application
          of the guarantees of due process of law.
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          E. The right to security
          169. In his previous report to the Commission on Human Rights
          (E/CN.4/1992/34), the Special Rapporteur noted that a number of citizens were
          concerned about the possible reaction of the authorities to behaviour which,
          though not illegal, departed from accepted political practice.
          170. During the massive demonstrations, disturbances and protests that
          occurred in various Iranian cities in the months of April, May and June 1992,
          the security forces did not seem to be prepared for controlling disturbances
          and restoring order by methods that did not result in the loss of life. It
          has been reported that an anti—riot Pasdaran unit had been set up, but it is
          not known whether it has been equipped with non-lethal equipment such as water
          cannons and tear-gas. During and after those disturbances,
          counter-revolutionary elements were accused of having infiltrated or fomented
          the demonstrations. People were killed and wounded, many others were
          arrested, tried and sentenced to death, flogging and lengthy jail terms.
          According to the Iranian news agency IRNA, the order of the supreme authority
          was categorical: “Seek out troublemakers and eradicate them like weeds”.
          F. Freedom of expression 1 opinion and the press
          171. The subsection of section III of this report that relates to this
          fundamental freedom summarizes reports from various sources that may be
          considered reliable.
          172. Eight members of the Freedom Movement CNehzat-e Azadi) were sentenced to
          terms of imprisonment ranging from six months to three years and some to the
          additional punishment of flogging for signing, together with other persons, an
          open letter to the President of the Republic requesting the observance of
          various provisions of the Constitution of the Islamic Republic. According to
          the Attorney General, Hojjatoleslam Ibrahim Raeisi, the verdicts handed down
          had been based on the following formal charges: participation in meetings
          against the external and internal security of the country; collaboration with
          foreign and domestic enemies of the Islamic revolution; playing an active role
          in the publication of fabrications and lies aimed at undermining the people's
          confidence in the Islamic Republic; and having links with foreign radio
          stations that were active against the revolution. The Special Representative
          has been informed that, on the occasion of the thirteenth anniversary of the
          establishment of the Islamic Republic, those persons were pardoned and
          released from prison by decision of the supreme leader of the Islamic
          Republic, Ayatollah A u Khamenei and upon the recommendation of the Head of
          Judiciary, Ayatollah Yazdi. Nevertheless, the Freedom Movenent, to which they
          belong, has still not been formally recognized by the Ministry of the Interior
          despite the fact that it has fulfilled all the requirements of the law.
          173. The trial and sentencing of these and other persons who criticized
          official policies has discouraged the expression of non-conformist views in
          the mass media. Being unable to predict the reaction of the authorities, some
          newspapers have opted for self—censorship. The press has complained, however,
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          that the authorities have still not seen fit to grant legal recognition to a
          journalists' union. Indeed, there is an association but not a union of
          journalists, even though journalists have been trying for years to have their
          union recognized.
          174. During the current year, the sport magazine Farad was banned on charges
          of apostasy and other of fences following public protests in the holy city of
          Qom. The director and caricaturist of the magazine were arrested and expect
          to be put on trial in the next few months. The magazine's premises were also
          burned by a mob.
          175. The cultural weekly D qnya—é-Sokhan was also banned by the authorities,
          and its editors were arrested. The weekly's premises were immediately burned
          down. The women's weekly Zan—é--Rous was also banned by the authorities.
          176. All the above information clearly points to the restriction of freedoms
          of expression, thought, opinion and press in contradiction of international
          instruments. The Government of the Islamic Republic of Iran ought to be
          requested to explain and comment on these specific cases of human rights
          violations.
          G. Suspension of the activities of the International Committee
          of the Red Cross
          177. On 21 March 1992 the Ministry of Foreign Affairs of the Islamic Republic
          of Iran informed the authorities of the International Committee of the Red
          Cross (ICRC) that ICRC activities in the Islamic Republic of Iran must cease
          and that its officials must leave the country. The 15 members of the ICRC
          delegation in Iran returned to Geneva on 27 March. The suspension of
          activities was still in effect at the time of the drafting of this report.
          178 • Earlier reports by 1 he Special Representative had contained details of
          his recommendations and negotiations with Iranian representatives, both in
          Geneva and Tehran, for the conclusion of an agreement that would allow ICRC
          representatives to visit prisons and prisoners without any exception, in
          accordance with the norms and procedures on which ICRC bases its humanitarian
          activities in various countries of the world: access to all detainees without
          exception; holding of interviews without witnesses; repeat visits and
          confidentiality of remarks by ICRC delegates. The conclusion of the agreement
          in November 1991 was welcomed in international circles, and the Special
          Representative, in his most recent report to the Commission on Human Rights
          (E/CN.4/l992/34), noted it as a positive development.
          179. ICRC began its prison visits on 22 January 1992, starting with prisons in
          the provinces. Visits were then made to prisons closer to Tehran. At the
          plenary meetings of the Commission on Human Rights at its forty-eighth
          session, the Iranian delegation raised objections to some of the practices in
          the prisons of the ICRC delegates, describing them as inappropriate.
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          180. Maintaining its normal approach of complete discretion, ICRC did not
          respond to these comments. In view of the modus operandi of ICRC and its
          strict compliance with the agreements to which it is a party, the remarks may
          be attributed to an imperfect understanding on the part of Iranian prison
          officials of the usual norms and practices of (CRC. The suspension of
          activities occurred suddenly, without prior warning or clarification of the
          points to which the authorities objected.
          181. The Special Representative reiterates his position, adopted on his first
          visit to the Islamic Republic of Iran in 1990, that ICRC prison visits are an
          important factor in ensuring compliance with international human rights
          norms. The Special Representative respects the confidentiality of these
          visits and does not attempt to obtain any information whatsoever from ICRC,
          but the fact that such a prestigious and reliable organization is discharging
          this function suggests that international norms on the treatment of prisoners
          are being properly observed. The Commission on Human Rights does not have
          sufficient means to conduct continual visits to prisons and interview
          prisoners. Thus, an assurance that ICRC is performing this function is very
          important for the promotion of human rights in countries whose human rights
          situation has been or is under international supervision.
          H. The situation . oLreiugee
          182. The Special Representative has received information from unofficial
          sources indicating that by March 1992 there were three and a half million
          refugees in the Islamic Republic of Iran, of which at least two and a half
          million were Afghans and a significant percentage were Iraqi Kurds. In
          August 1992, between 1,500 and 2,000 Afghan refugees were returning to their
          country every day. The Special Representative is compelled to observe that
          the situation of refugees in the Islamic Republic of Iran is not a matter of
          concern solely to Iran, since the international community must assist in
          protecting them and in promoting their well-being. The noteworthy work of the
          United Nations High Commissioner for Refugees must be supported. Refugees, on
          their return to their places of origin, must have the protection, services and
          facilities they need to lead a dignified and secure life.
          I. Freedom of religion and the situation of the Baha'is
          183, The Special Representative has again received information concerning
          instances of religious intolerance and discrimination on the part of Iranian
          officials and authorities against priests and followers of various Christian
          Protestant churches and members of the Zoroastrian community.
          184. The Special Representative was also informed that there had been further
          executions of followers of the Baha'i faith over the reporting period. On
          17 March a member of the Baha'i faith was arrested and executed the next day
          in Evin prison. Two Bahais who had been imprisoned for three years and who
          bad been interviewed by the Special Representative on his most recent visit to
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          the country have been condemned to death and have appealed against the
          sentence. H
          185. the allegations recorded in section III of this report arise not only
          from oral testimony but from a review of documents signed and sealed by the
          Iranian authorities. These are recent documents confirming the confiscation
          of goods, the rejection of applications for review of the suspension of
          retirement pensions, statements to the effect that “you are a Baha'i, and
          therefore cannot claim pension payments”, and confirmation of the
          administrative decision that resulted in the dismissal from public office of a
          Baha'i on the ground of belonging to “the misguided Baha'i sect”. There is,
          thus, corroboration of discrimination against Baha'is by some Iranian
          authorities.
          186. there were 10 Baha'is in prison on 1 July 1992. Some of the earlier
          prisoners had been released, but new arrests had taken place. There was news
          of six recent arrests. In general, the charges against those arrested are
          ill-defined and detention lasts a few days, all of which suggests harassment.
          187. the Special Representative has been informed that in recent weeks the
          Imam Khomeini Foundation and other revolutionary institutions have confiscated
          a large number of dwellings and other properties belonging to members of the
          Baha'i community in 1sf ahan, Tehran and Yazd, and have expelled their
          occupants from their homes.
          188 • the situation with respect to education, employment, departure from the
          country, the use of cemeteries and official premises has not altered. It is
          still maintained that the Baba'is are “unprotected infidels”, given which
          their rights are frequently ignored. The renewed use of executions and the
          recent and sudden intensification of action against the Baha'is, particularly
          regarding confiscation of their properties and expulsion from their homes,
          raise the fear that the country is entering a phase of harassment and denial
          of rights in some regions, a new phase of open persecution of these Iranian
          citizens. In any event, the actions described are sufficient to keep this
          group in constant fear of reprisals of all kinds.
          J. Dissemination of human rights
          189. The Centre for Human Rights of the United Nations Secretariat has
          cooperated with the Government of the Islamic Republic of Iran over the
          reporting period in the holding of a training course on the preparation of
          reports to be submitted to the Human Rights Committee and the Committee on
          Economic, Social and Cultural Rights. The course, held in Tehran from 2 to
          5 August 1992, was organized by the Centre as part of its technical advisory
          and assistance services programme, in cooperation with the Ministry of Foreign
          Affairs of the Islamic Republic of Iran. The aim of the course was to assist
          the Iranian Government in the promotion and protection of and respect for
          human rights. Its principal objective was to provide training for various
          officials of the Ministries of Foreign Affairs, Justice, the Interior, Labour,
          / . .
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          Health and Education in the preparation of reports to be submitted to the
          above Committees. The course brought together foreign experts, university
          professors, judges and other officials involved in the administration of
          justice, researchers, students and representatives of the non—governmental
          organization.
          190. The Special Representative considers it appropriate to promote such
          cooperation, since it provides an opportunity to disseminate the principal
          international human rights texts, to discuss their interpretation, to consider
          the consonance of international norms with national legislation, and to inform
          citizens through information media.
          K. Coop ration by th Special Procedures Section of the. Centre
          for H uman I 4ght with the Special Representative
          191. On 24 April 1992 the Rapporteurs, Special Representatives and members of
          the Working Groups of the Commission on Human Rights submitted a joint note to
          the Secretary-General setting forth various concerns occasioned by
          administrative steps likely to impact on the functioning of the Special
          Procedures Section of the Centre for Human Rights. The initiative was timely
          and had positive results. The Special Procedures Section has continued to
          provide efficient services, notwithstanding its lack of staff and the
          continual increase in its mandates. The Section, with its reduced staffing
          level, is currently making a particular effort to assist in work on 13
          thematic mandates and 16 country specific mandates. The Section needs
          increased administrative support in the form of staff and resources in order
          to function optimally.
          V. OBSERVATIONS
          192. The above summary indicates that, in the circumstances obtaining, it is
          appropriate to maintain international supervision of the human rights
          situation in the Islamic Republic of Iran. Consideration of the question by
          the General Assembly reinforces the work of the Commission on Human Rights
          since it provides an opportunity for all Members of the Organization to inform
          themselves and to participate in the debate on and study of the question.
          193. The Special Representative supports the decision to place the question
          before the Assembly once again, so that this important organ within the system
          of peace and security may express its views and formulate recommendations.
          194. It would be appropriate for the General Assembly to call upon the
          Government of Iran to continue its cooperation with the Commission on Human
          Rights through the intermediary of the Special Representative, and thus
          respond to the comments and allegations brought to its attention, and to
          accept a fourth visit to the country by the Special Representative.
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          195. The Special Representative submits to the General Assembly his view that
          the Assembly should make an urgent appeal to the Government of the Islamic
          Republic of Iran to adopt immediate measures aimed at avoiding any repetition
          of occurrences such. as the ones indicated in this report, and in particular
          those referred to in section IV, and for it to redress the harmful
          consequences of those occurrences, which have injured individuals in violation
          of the rights guaranteed by the international community in instruments
          currently in force and accepted by the Islamic Republic of Iran.
          I. .
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          APPENDIX I '
          List of prisoners pre ented to thk Government of thei IS lamic
          Republicof Iran bLthe Special RepresentativeinA
          memorandum dated 21 September 19fl
          the Special Representative requests government information regarding the
          situation of the following prisoners:
          1. Ms. Mona Abdi, 29 years old, is being held in Ahwaz prison serving a life
          sentence. She was arrested in 1981 reportedly for possession of opposition
          newspapers and convicted on political charges.
          2. Mr. Souhrab Afhadi, born in 1971, was reportedly arrested in 1986 on
          charges of distributing opposition leaflets. He is held in Ghasr prison.
          3. Mr. Mohammad-Reza Afsbari—Rad, 27 years old, single, is being held in the
          prison of Zanjan on political charges. He was arrested on 30 September 1991.
          4. Mr. Morteza Afshari-Rad, married with two children, is being held in the
          prison of Zanjan. He was arrested on 7 October 1991.
          5. Mr. Faramarz Ahmadian was reportedly arrested on political charges. The
          place of detention is unknown.
          6. Hr. Reham Bahram Ahxned, 33 years old, a citizen of Iraq, son of
          Bahrarn A. Suleiman, was reportedly captured by Iranian soldiers on
          27 July 1981 and held as a prisoner of war in Dawoodiya Military Camp in
          Tehran (Red Cross file No. 4355).
          7. Mr. Moharramali Akhshi, married with four children, is being held in the
          prison of Zanjan on political charges. He was arrested on 7 October 1991.
          8. Ms. Shahrbanu Akhshi, wife of Moharramali Akhshi, is being held in the
          prison of Zanjan on political charges. She was arrested on 30 September 1991.
          9. Mr. Hooshang Amjadi, who is being held in Evin prison in Tehran, was
          convicted on charges of espionage for a foreign country. He is reportedly in
          his fifties, is a landowner, and was arrested in September 1988. He spent
          over a year in incommunicado detention, sometimes under torture. Family
          visits were reportedly permitted at the end of 1989; after that he was forced
          to confess. His trial took place before an Islamic Revolutionary Court in
          Evin prison in March 1990. Throughout his imprisonment he was not represented
          by a defence lawyer.
          10. Ms. Farzaneh Amouyi, aged 32, has been in detention since 1981. She is
          reported to have had a mental breakdown in 1986, apparently as a result of
          long-term torture, including sexual abuse, and to be suffering from severe
          mental illness. She was allegedly beaten as a punishment for behaviour due to
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          her illness, such as refusing to eat, wash or look after herself. She is held
          in Evin prison on charges of having been affiliated with a banned left-wing
          party and of having expressed, non-violently, her political beliefs.
          11. Dr. Assadi was reportedly arrested on political charges and is being held
          in Evin prison in Tehran.
          12. Mr. Davoud Azizy was arrested in 1981 on political charges and is
          reportedly being held in Ardebil prison.
          13. Mr. Yagoub Bahraxny, born on 14 October 1949, technician, was arrested on
          17 June 1984 and sentenced in July 1984 to 12 years ' imprisonment on political
          charges. He is reportedly in Ghasr prison in Tehran.
          14. Mr. Mohanmad Rahim Bakhtiari, 4]. years old, married with three children,
          is being held in Evin prison in Tehran on political charges. He was arrested
          on 23 September 1991.
          15. Mr. Nasser Barariy was reportedly arrested on political charges. His
          place of detention is unknown.
          16 , Mr. Farzad Barati is said to be held in Evin prison in Tehran on
          political charges.
          17. Mr. Ibrahim Pasha or Basha, a citizen of Ghana , is being held in Evin
          prison in Tehran in the same section in which are held several Iraqi prisoners
          of war.
          18. Mr. Moharnrnad Hassan Bassidji was reportedly arrested in August 1988. His
          place of detention and current situation are unknown.
          19. Mr. Mohammad Mohssen Bassidji was reportedly arrested in August 1988.
          His place of detention and current situation are unknown.
          20. Mr. Abmad Bastan was reportedly arrested on political charges and is
          being held in Evin prison in Tehran.
          21. Ms. Akram Beiromwand is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left —wing party and of having expressed,
          non-violently, her political beliefs.
          22. Mr. Baghir Borzui is said to be held in Evin prison in Tehran on
          political charges.
          23. Mr. Haji Dalanpour, 61 years old, born in Rezaieh, is being held in Evin
          prison in Tehran. He was arrested in July 1989.
          24. Mr. Hossein Dashtgerd, 59 years old, married with five children, is being
          held in Evin prison in Tehran on political charges. He was arrested on
          29 September 1991.
     
        
          
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          25. Mr. Mehdi Dibaj, a former Muslim and now a Christian pastor and Church
          leader, has reportedly been in prison for more than six years.
          26. Mr. Nahid Dorudiahi is reportedly held in Evin prison. He was sentenced
          to 12 years' imprisonment on political charges.
          27. Mr. Djavad Ebrahimi, sentenced to 13 years' imprisonment on political
          charges, is being held in Ghazal Hasar prison. He is reportedly suffering
          from skin and eye infections and kidney disease.
          28. Mr. Mnir Entezam, former Vice-Prime Minister of the first provisional
          Government of the Islamic Republic of Iran, who was visited by the Special
          Representative in December 1991, is being held in section 4, unit 325, of Evin
          prison in Tehran, convicted on charges of espionage for a foreign country and
          on political charges, after a summary trial in which he was not represented by
          a lawyer and during which some witnesses called in his defence were arrested.
          He has reportedly lost 40 per cent of his hearing and suffers from a disease
          of the pelvis, eye and prostate illnesses, a stomach ulcer and skin
          irritation. He is without adequate medical treatment and food. He has
          reportedly no right to receive visits and has spent 550 days in solitary
          confinement.
          29. Ms. Fatemeh Eshraghi is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left—wing party and of having expressed,
          non-violently, her political beliefs.
          30. Ms. Nayer Kharaktchi Fard, 18 years old, is said to be held in Evin
          prison in Tehran (file No. 59007-69). She was reportedly sentenced on
          political charges in 1991 to five years' imprisonment, of which she must spend
          four years in solitary confinement.
          31. Ms. Zoya Fardbar is being held in Evin prison in Tebran on charges of
          having been affiliated with a banned left-wing party and of having expressed,
          non-violently, her political beliefs.
          32. Mr. Naser Farokhnia is a former captain who reportedly displayed
          courageous behaviour during the Iraq-Iran war. He was reportedly arrested
          in 1988 on charges of collaborating with his brother who allegedly was accused
          of spying for a foreign country. He is said to be held in Dejban prison in
          Jamshidabad.
          33. Mr. Vazir Fathi is being held in Evin prison in Tehran. It was reported
          that one condition of his release is that he publicly denounces and recants
          his political beliefs.
          34. Ms. Firouzeh Fayaz is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left-wing party and of having expressed,
          non-violently, her political beliefs.
          35. Ms. Zahra Felahati was reportedly sentenced to 38 years' imprisonment.
          Her current situation and place of detention are unknown.
          I...
        
          
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          36. Mr. blavabali Ghaemmaghami is being held in Gbomm prison on political
          charges. His current situation is unknown.
          37. Ms. Zeinab Ghanavati is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left-wing party and of having expressed,
          non—violently, her political beliefs.
          38. Ms. biarges Ghanbari, 34 years old, is a school teacher who is said to be
          held in Masjed Soleiman prison. She was reportedly arrested in 1981 and
          sentenced to life imprisonment for her part in political demonstrations.
          39. Mr. Jafarpour was reportedly arrested on political charges and is being
          held in Evin prison in Tehran.
          40. Mr. Kyanoosh Hakeamy, a former captain in the Iranian navy, was allegedly
          convicted on charges of espionage for a foreign country. His current
          situation and place of detention are unknown.
          41. Mr. Kourosh Jalili is being held in Evin prison in Tehran on political
          charges. He was arrested in 1990.
          42. Mr. Farhad Javian, 25 years old, married, is being held in Evin prison in
          Tehran on political charges. He was arrested on 30 September 1991.
          43. Mr. Amir Housbang Kamrani, a teacher from the town of Jiroft, Kerman
          province, was arrested in February 1984 and sentenced to 30 years'
          imprisonment. It was reported that since 1988 he has had no right to receive
          visits. He is being held in the Guard's prison of Kerman.
          44. Ms. Mehrnaz Kamrouz-e-Khodayar is being held in Evin prison in Tehran on
          charges of having been affiliated with a banned left-wing party and of having
          expressed, non-violently, her political beliefs.
          45. Mr. Khalid Mi Karimi was arrested on political charges. His current
          situation and place of detention are unknown.
          46. Ms. Nahid Khodajou is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left-wing party and of having expressed,
          non-violently, her political beliefs.
          47. Mr. Monir Khoroshani-Baradaran was reportedly arrested on political
          charges and is being held in Evin prison in Tehran.
          48. Mr. Abmad Khosrovi was reportedly arrested on political charges. His
          current situation and place of detention are unknown.
          49. Mr. Mabmoud Mottahedine is said to have been held for up to 12 years in
          Evin prison in Tehran for his part in the so-called Forgan organization.
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          50. Hr. Mansour Moussavi, former employee of the Iranian Ministry of Roads,
          is being held in the prison of Zanjan on political charges. He was arrested
          on 9 October 1991.
          51. Mr. Davoud Mozafar was reportedly arrested on political charges and is
          being held in Evin prison in Tehran.
          52. Mr. Hossain Raftian was arrested in 1987 and sentenced to five years
          imprisonment on political charges. He is reportedly in Evin prison in Tehran.
          53. Mr. Norouz Naghizadeb was reportedly arrested on political charges and is
          being held in Evin prison in Tehran.
          54. Mr. Freidon Najafi, 32 years old, is reportedly being held in Gohardasht
          prison on political charges.
          55. Mr. Homanon Najafi, 35 years old, was arrested in 1989 and is reportedly
          being held in Gohardasht prison' on political charges.
          56. Mr. Dja].il Nazemi, born in 1964, was arrested on 17 January 1984 on
          political charges. His place of detention and current situation are unknown.
          57. Mr. Ebrahim Nebahat is said to be held in the prison of Tabriz on
          political charges.
          58. Ms. Nasrin Nodinian is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left-wing party and of having expressed,
          non-violently, her political beliefs.
          59. Mr. Hussein Noparvar is being held in Evin prison in Tebran. He was
          sentenced on political charges and his release was scheduled for July 1991.
          However, he continues to be held in priEon reportedly because one condition of
          his release is that he publicly denounces his past political activities.
          60. Mr. Reza Pajonhesh, former technician at Joshinanodelleh Hospital in
          Tehran, is being held in the prison of Zanjan. He was arrested on
          9 October 1991.
          61. Mr. Aref Paki, born in Rezaieh, 51 years old, is being held in Evin
          prison in Tehran on political charges. He was arrested in November 1989.
          62. Mr. Rouhollah Partieli, 57 years old, married with five children, is
          being held in Evin prison in Tehran on political charges. He was arrested on
          30 September 1991.
          63. Mr. Hussein Parvazeh, a native of Ney, Farivan, is said to be held in
          Evin prison in Tehran on political charges.
        
          
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          64. Mr. Mojahed Khiroulah Rahimy, born in 1964 in Ardebil. was arrested in
          1982 on political charges and sentenced to 15 years' imprisonment. He is
          reportedly being held in Evin prison in Tehran.
          65. Mr • Mohammad Taghi Rahimpour was reportedly arrested because he did not
          give information about the whereabouts of his wife (Ms. Zalira Noun). He was
          an assistant lieutenant in the Iranian Army. His current situation and place
          of detention are unknown.
          66. Mr. Mehrdad Razaghi is said to be held in Evin prison in Tehran on
          political charges.
          67. Mr. Mohammad Aminal Reaya was reportedly arrested on political charges
          and is being held in Evin prison in Tehran.
          68. Mr. Ali Reza Sadeghi, 28 years old, was arrested in 1988 on political
          charges and is reportedly being held in Ardebil prison.
          69. Mr. Adel Saudi is said to be held in the prison of the city of Oroomieh
          on political charges. He was arrested in 1981.
          70. Mr. Mostafa Salehyar, born in December 1967, was arrested in 1987 and
          sentenced to six years' imprisonment on political charges. He is in Evin
          prison in Teliran.
          71. Ms. Shahin Samii is being held in Evin prison in Tehran on charges of
          having been affiliated with a banned left—wing party and of having expressed,
          non-violently, her political beliefs. She was arrested in 1981 and sentenced
          to 15 years' imprisonment.
          72. Mr. Mohammad Sekhavatmand, 41 years old, born in Tabriz is being held in
          Evin prison in Tehran on political charges. He was arrested in October 1989.
          73. Ms. Maryambanou Sepehri—Rahnema was arrested in 1983, tried and sentenced
          to life imprisonment. She is reportedly being held in Evin prison in Tehran
          on charges of having been affiliated with a banned left-wing party and of
          having expressed, non—violently, her political beliefs.
          74. Mr. Tofygh Setayeshi, born in Tabriz in 1957 and a former student at
          Sharif Industrial University in Tehran, was reportedly arrested in 1982 on
          political charges and is being held in Evin prison in Tehran.
          75. Mr. Mansour Shaheri, 33 years old, is being held in Evin prison in Tehran
          on political charges. He was arrested in 1988 and is reportedly very sick.
          76. Mr. Hossein Shetabi, a former captain, was reportedly arrested in 1988
          and is said to be held in Evin prison in Tehran on political charges.
          71. Mr. Mehdi Khosh Slook, former Director of Nawafram Company. was arrested
          on political charges. His current situation and place of detention are
          unknown.
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          78. Mr. Mebri Khosh Slook is being held in detention on political charges.
          Ris current place of detention is unknown.
          79. Ms. Farkhondeh Soleimani is being held in Evin prison in Tehran on
          charges of having been affiliated with a banned left—wing party and of having
          expressed, non—violently, her political beliefs.
          80. Mr. Mansour Taheri, 38 years old, was reportedly arrested in 1986 on
          political charges and is being held in Khorin prison, near Tehran.
          81. Ms. Ashraf Tainan is being held in Evin prison in Tebran on charges of
          having been affiliated with a banned left-wing party and of having expressed,
          non-violently, her political beliefs.
          82. Mr. Jainshid Torabi, 39 years old, a former student at the University of
          Tehran, is reportedly being held in cell block 6 of the Training Centre of
          Evin prison in Tehran. He was arrested in 1982 and sentenced to 15 to
          17 years' imprisonment on political charges, allegedly during a brief trial
          without the presence of a defence lawyer and during which he was not permitted
          to call witnesses in his defence.
          83. Mr. Raidar Youssef is said to be held in Evin prison in Tehran on
          political charges.
          84. Mr. Abbas Zaboli is said to be held in Evin prison in Tehran on political
          charges.
          85. Mr. Omar Ahinad Zadeh is being held in Evin prison in Tehran on political
          charges. He was arrested in 1990.
          86. Mr. Zamani was reportedly arrested on political charges and is being held
          in Evin prison in Tehran.
          81. Mr. Farideh Mabmood Mohammad Zamani is being held in Evin prison in
          Tehran on political charges.
          88. Mr. Ali Ziaiha is said to be held in Evin prison in Tehran on political
          charges.
          89. Mr. Hassan Zolfaghari was reportedly handed over to the Ira nian
          authorities by the Iraqi opposition group, the so-called Patriotic Union of
          Kurdistan (P13K), in April 1991, in Ghasr—e Shirin, a town near the border with
          Iraq. His place of detention is unknown. It is not known whether
          Mr. Zolfaghari has been charged, tried or sentenced.
          I.,.
        
          
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          APPENDIX II
          Letter from Mr. Ainir Entezam , former Vice-Prime Minister and
          spokesman of the First Provisional Government of the
          Isla mic Republic of Iraxu to the Special Representative
          gf the Commission
          Referring to the following evidence I hereby charge the Islamic Republic
          of Iran for crimes and misdeeds committed by this regime during the past
          12 years, and ask for this international body's attention hoping to have the
          possibility of a retrial in order to defend my most obvious rights and those
          of my compatriots.
          I cite the contraventions of the rights set out in the Universal
          Declaration of Human Rights and expl ain further on the said violations.
          The Iranian Government vowed to abide by the International Covenant on
          Civil and Political Rights, adopted on 16 December 1966 by the United Nations
          General Assembly, when this Covenant was put to a vote in the Iranian
          Parliament on 14 December 1972 (23 Azar A.R. 1351).
          During these 12 years, and during the months I have spent in prison. I
          have been witness to various violations of the aforesaid rights. I have been
          witness to hundreds of people being tortured and myself have undergone the
          same treatment, notably:
          - Suffering fist punches;
          — Solitary confinement for 550 days without any break;
          - Deprivation of visits and speech: until today, two and a half years
          of stay in a 1.5 x 2.65 cell together with 27 people behind closed doors
          and having 3 toilet visits in 24 hours. One shower in (for 27 people
          with only 3 showers),(sic);
          - Three hours of sleep (stretched) in 24 hours;
          — Lack of hygiene, skin irritation (because of sitting still for
          two years);
          — Disease of the pelvis;
          — Developing eye and prostate illness. Waiting four years under
          suffering for prostate and left knee surgery. Suffering from stomach
          ulcer and other illness without adequate food and treatment until now;
          - Hospitalization after six years of waiting under surveillance by six
          guards - two of whom accompanied me in the surgery hall;
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          - Having my hair cut with sheep-wool shears in the presence of
          hundreds of inmates and ridiculing me;
          - Cutting my relation with my wife and children until today;
          - Having taken me out twice in the middle of the night for execution
          and keeping me for 72 hours without explanation;
          - Keeping me on my feet for 27 hours and hundreds of other cases.
          One might be led to think that actually such treatment has ceased to
          exist; here are some examples of its continuation:
          - During the autumn (Azar) of 1991, 24 hours after Mr. Galindo Pohl
          reached Iran, at 9 o'clock in the evening, in pouring rain and cold
          weather we underwent a prison-section change and were transferred from
          section 3 to section 4, upstairs in unit 325 (named “Foreigners'
          section”). Open trucks were used for the transfer and as a result I
          developed a cold in my ear. For 40 days I was denied access to the ear
          specialist, and in the end the infection ruptured my eardrum.
          After two months of suffering and rupture of both ears a specialist
          was summoned, only to confirm that I had lost 40 per cent of my hearing.
          In this cold winter of 1992 we are deprived of heating and warn
          water in the prison, as they claim there is no more than a few hours of
          warm water in the heaters due to malfunction of the central heating
          apparatus.
          The temperature in the cells where we stay is between 5° and 12°.
          Other people being tortured:
          - Breaking of the tooth and rupture of eardrum of taghi Rahmani;
          whipping of Mi Khianiha; torture and execution of Sadegh Azizi,
          Houshang Shahin, Alireza Ashtiani, Heydar Mehregan and Ardeshir Yeganeh;
          connecting electrical mains to the back, suspension from a leg or arm,
          keeping one on his feet for eight days;
          — Starving the prisoners: one loaf of bread and one dish of rice for
          10 persons in 24 hours;
          — Another torture practised is keeping the prisoner in a small coffin
          for months (50 x 80 x 140 cm ). In 1984 (A.H. 1363), there were
          30 prisoners kept in these coffins. They became mad.
          These are examples of torture in the Iranian regime,
          ( Signed ) Amir ERTEZAM
          1992
        
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Due Process, Political Freedom, Free Speech