Home | English | Human Rights Documents | Aadel Collection | Final Report on the situation of human rights in the Islamic Republic of Iran by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1992/67 of 4 March 1992

Final Report on the situation of human rights in the Islamic Republic of Iran by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1992/67 of 4 March 1992

E/CN.4/1993/41

          
          Distr.
          GENERAL
          E/cN.4/1993/41
          28 January 1993
          ENGLISH
          Original: ENGLISH/SPANISH
          COMMISSION ON HUMAN RIGHTS
          Forty-ninth session
          Item 12 of the provisional agenda
          QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUT DAMENTAL FREEDOMS
          IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL
          AND OTHER DEPENDENT COUT TRIES AND TERRITORIES
          Final Report on the situation of human rights in the Islamic Republic
          of Iran by the Special Representative of the Commission on Human
          Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission
          resolution 1992/67 of 4 March 1992
          CONTENTS
          Paragraphs Page
          INTRODUCTION 1 - 4 4
          I. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC
          REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE . . 5 - 18 4
          II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE . . 19 - 274 10
          A. Right to life . 20 - 97 10
          B. Enforced or involuntary disappearances 98 - 101 21
          C. Right to freedom from torture or cruel, inhuman
          or degrading treatment or punishment 102 - 124 22
          D. Administration of justice . . 125 - 174 25
          GE. 93-10451 (E)
        
          
          E / CN. 4 / 1993 / 4 1
          page 2
          CONTENTS ( continued )
          Paragraphs
          Page
          E. Freedom of expression, opinion and the press . . .
          175 - 188
          34
          F. Political rights
          189 - 195
          36
          G. Situation of women . .
          196 - 206
          37
          H. Right to work . . . .
          207 - 209
          39
          I. Right to education
          210 - 213
          39
          3. Right of everyone to own property
          214 - 217
          39
          K. Freedom of religion and the situation of the
          Baha'i community
          218 - 257
          40
          L. The events of 5 April 1992 . .
          258 - 259
          46
          M. The war on drug traffic
          260
          46
          N. The right to leave one's country and to return . .
          261 - 263
          47
          0. The situation of children
          264 - 267
          47
          P. Situation of refugees
          268 - 272
          47
          Q. Victims of chemical-weapon attacks
          273 - 274
          48
          III.
          CONSIDERATIONS AND OBSERVATIONS
          275 - 317
          49
          A. General considerations . . .
          275 - 280
          49
          B. The right to life
          281 - 286
          50
          C. Torture and other cruel, inhuman or degrading
          treatment or punishment
          287 - 291
          51
          D. The guarantees of due process of law
          292 - 294
          51
          E. The right to security
          295
          52
          F. Freedom of expression, opinion and the press . . .
          296 - 300
          52
          G. Right of association
          301 - 302
          53
          H. Suspension of the activities of the International
          Committee of the Red Cross (ICRC)
          303 - 307
          53
          I. Religious freedom and situation of the Baha'is . .
          308 - 311
          54
        
          
          E/CN. 4/1993/41
          page 3
          CONTENTS ( continued)
          paragraphs Page
          3. Situation of women 312 - 313 55
          K. Clemency measures 314 56
          L. The problem of the refugees 315 - 317 56
          IV. CONCLUSIONS . 318 - 324 56
          V. RECOMMENDATIONS 325 - 329 58
          Annexes
          I. List of prisoners presented to the Government of the
          Islamic Republic of Iran by the Special Representative
          in a memorandum dated 25 September 1992 59
          II. Letter from Mr. Amir Entezam, former Vice-Prime Minister
          and spokesman of the First Provisional Government of the
          Islamic Republic of Iran, to the Special Representative
          of the Commission . . 66
        
          
          E / CN. 4 / 1993 / 4 1
          page 4
          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 approved that resolution.
          2. In compliance with Commission on Human Rights resolution 1992/67 and
          Economic and Social Council decision 1992/239, the Special Representative
          submits herewith his final 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 1992, although it must obviously be read in
          the light of the reports submitted by the Special Representative since 1986.
          3. As in previous years, the present report concentrates on written
          communications with government officials and on allegations of human rights
          violations from non-governmental organizations and individuals.
          4. The structure of the present report is similar to previous reports, and
          it is accordingly divided into five sections: Introduction; I. Communications
          between the Government of the Islamic Republic of Iran and the Special
          Representative; II. Information received by the Special Representative;
          III. Considerations and observations; and IV. Conclusions. There are two
          annexes.
          I. 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 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. Bahman Samandari, a
          member of the Baha'i community in Tehran, 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, 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
        
          
          E/CN. 4/1993/41
          page 5
          had been accused of belonging to the Eaha'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 Eaha'is are enjoying the same rights as any other
          citizen in the Islamic Republic of Iran and that no Eaha'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. Eahman Samandari 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 Head 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,
          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
        
          
          E / CN. 4 / 1993 / 4 1
          page 6
          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
          off ences 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 Nations 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 obiective 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:
          “... 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.”
        
          
          E/CN. 4/1993/41
          page 7
          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 Eaha'is
          who might be facing imminent execution in the Islamic Republic of Iran.
          “The case as reported to me is as follows: Messrs. Eihnam Mithaqi
          and Kayvan Khalaiabadi, two Iranian Eaha'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 Eaha'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/SO 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
          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.
          12. On 24 November 1992, the Permanent Representative of the Islamic Republic
          of Iran to the United Nations replied as follows:
          “With reference to your letter of 25 september 1992, in which a
          number of allegations were brought to the attention of the Government of
          the Islamic Republic of Iran, I have the honour to state the following:
        
          
          E / CN. 4 / 1993 / 4 1
          page 8
          “You will concur that preparation of replies and comments to issues
          raised in the memorandum annexed to your letter of 25 september 1992
          requires correspondence with various branches of and departments in the
          Government and thus will require more than four weeks. Nevertheless, in
          continuation of our cooperation, I am enclosing a compilation of replies
          to your questions and comments to your statements. Responses to the
          remaining questions will be presented in a more appropriate time.
          “It would be appreciated if these replies and comments are
          reflected in your introductory statement before the Third Committee and
          be incorporated in your final report to the forty-ninth session of the
          Commission on Human Rights”.
          13. On 23 December 1992, the special Representative transmitted to the
          Permanent Representative of the Islamic Republic of Iran to the United Nations
          Office at Geneva, the following letter:
          “Attached to the present letter I am sending to you a memorandum
          containing the main allegations of human rights violations received since
          september 1992, which have been brought to my attention by various
          sources.
          “I should appreciate receiving circumstantiated replies from your
          Government, as well as any comments or observations your Government might
          wish to make thereon, if possible before 15 January 1993.
          “On the other hand I would like to recall my request communicated
          to you by letter dated 24 July 1992 for a further visit to your country.
          In this connection I should also like to refer to resolution 47/146
          adopted by the General Assembly on the report of the Third Committee”.
          14. On 5 January 1993, the special Representative transmitted to the
          Permanent Representative of the Islamic Republic of Iran to the United Nations
          Office at Geneva a letter informing him of his intended visit to Geneva from
          18 to 22 January 1993 in connection with the preparation of the report he is
          to submit to the next session of the Commission on Human Rights, and his
          willingness to discuss any matter relating to his mandate.
          15. On 20 January 1993, the special Representative had an interview with
          Ambassador sirous Nasseri, Permanent Representative of the Islamic Republic of
          Iran to the United Nations Office at Geneva. Ambassador Nasseri stated that
          the special Representative's latest report to the Commission on Human Rights
          (E/CN.4/1992/34) had not contributed to the efforts of his Government to
          improve the situation of human rights in his country. He said that his
          Government had noted a change of tone and position on the part of the special
          Representative in that report as compared with the reports he had submitted in
          previous years. He added that the special Representative's continued
          insistence on alleged excessive imposition of the death penalty could be
          explained by his failure to take into consideration the fact that the death
          penalty existed in many other countries, including those which criticized the
          human rights situation in the Islamic Republic of Iran, or the serious
          situation confronting the country as a result of the traffic in drugs
          originating from neighbouring countries and destined for Western Europe.
        
          
          E/CN. 4/1993/41
          page 9
          He further stated that the special Representative's opinions about the lack of
          assistance by a defence counsel in criminal proceedings may have originated
          from the fact that implementation of the new law on the obligatory nature of
          legal assistance had begun only recently during his latest visit to the
          country. He said the Iranian press took the view that the subject of human
          rights was being used as yet another political instrument by the Powers that
          wanted to put the Islamic Republic of Iran under pressure.
          16. The special Representative denied that his reports had in any way been
          influenced by considerations of a political nature. He pointed out that in
          previous years he had identified what he considered to be the main problems
          confronting the Islamic Republic of Iran in the area of human rights:
          shortcomings in the administration of justice; non-observance of the rules of
          due legal process in judicial proceedings which ended with death sentences;
          failure to respect the rights of detainees to be informed of the reasons for
          their detention, to have the continuous assistance of a defence counsel, to
          call witnesses and present evidence in their favour, and to exercise remedies
          and lodge appeals; excessive use of the death penalty; excessive number of
          political prisoners; cases of cruel punishment and treatment; failure to
          respect the rights of Iranian citizens belonging to minorities; and problems
          in the enjoyment of the freedoms of association, movement, expression, the
          press, etc. In his most recent reports he had tried to determine whether
          there had been progress in those areas; despite repeated promises from
          officials, he had seen no evidence of such progress. Recent events, such as
          the expulsion from the country of delegates of the International Committee of
          the Red Cross (ICRC) , confirmed his conclusion that there had been no major
          progress in consideration of his recommendations.
          17. The Permanent Representative announced that on 28 January 1993 the
          Special Representative would receive a detailed reply to the allegations he
          had transmitted in memoranda dated 25 september and 23 December 1992. He
          added that it would be necessary to discuss what the special Representative
          meant by, inter alia , excessive imposition of the death penalty or political
          prisoners. He expressed the view that great progress had been made in some
          aspects of the human rights situation in his country; in others, some progress
          had been made. The important point was, he added, that progress was being
          made in a specific direction, but the special Representative should not expect
          changes overnight since the process under way should be measured in years.
          With regard to the suspension of ICRC activities in his country, he stated
          that that was due to the fact that the ICRC delegates had not complied with
          the rules by which they were bound, particularly with regard to the observance
          of strict confidentiality. His Government wished to re-establish contact with
          the special Representative, with the aim of jointly identifying aspects of the
          human rights situation in his country which could be further improved. Among
          those aspects, he mentioned the care and protection of victims of acts of
          terrorism, a point which the special Representative should not fail to address
          in his next report. He hoped that the members of the Commission on Human
          Rights would consider the report of the special Representative in an open,
          objective and constructive spirit, since the aim was to improve the human
          rights situation in his country and not to issue a kind of verdict which could
          be used by the Powers that were trying to exert pressure on the Islamic
          Republic of Iran.
        
          
          E / CN. 4 / 1993 / 4 1
          page 10
          18. The Special Representative concluded by saying that he did not expect the
          Islamic Republic of Iran suddenly to become a model country with regard to
          human rights; what he did expect was that substantial improvements should take
          place in specific areas that would enable the country to meet the minimum
          human rights standards established by the various international conventions,
          declarations and resolutions, for the good of the country and of Iranian
          citizens.
          II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE
          19. The following paragraphs contain allegations of human rights violations
          received by the Special Representative and transmitted to the Government
          of the Islamic Republic of Iran by memoranda dated 25 September
          and 23 December 1992. Replies received from the Government with regard to
          the alleged incidents and cases have also been reflected in this section.
          A. Right to life
          20. During 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 only during the period from 1 January to 31 July 1992.
          21. Most of the reported executions were said to have been related to drug
          off ences, 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 1 for a combination of
          stabbing, terrorizing and attacking people and smuggling narcotic drugs.
          For a further 70 executions, no reasons were reported.
          22. By a letter dated 24 November 1992, the Permanent Representative of
          the Islamic Republic of Iran to the United Nations forwarded to the Special
          Representative the following response:
          “First of all, no person is sentenced to execution due to political
          activity. Secondly, the sentences of all convicts are precisely
          indicated in the court's verdict”.
          23. Specific cases of the application of the death penalty
          since 1 January 1992 have been reported as follows.
          24. 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 Ralabi and
          Mr. Sirous Pour-Norouz.
        
          
          E/CN. 4/1993/41
          page 11
          25. By the same letter dated 24 November 1992, the Permanent Representative
          stated that: “According to investigations conducted, no political prisoner
          has been executed in the Province of 11am. Yadollah Khosravi, Jabbar Ralabi
          and Sirous Pour-Norouz have no previous political convictions, Only in the
          case of one person, Jabbar Raiabpour, who is serving under disciplinary force
          and has been confined to three months in prison due to his insubordination and
          his confrontation with people while on official duty, do the latter
          specifications nearly correspond to those of the aforementioned”.
          26. 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.
          27. The letter of the Permanent Representative of the Islamic Republic
          of Iran to the United Nations of 24 November 1992, stated, with regard to
          the preceding paragraph, that no prisoners have been executed in Gohardasht
          during 1992 on political grounds.
          28. According to a dispatch from Agence France Presse of 7 January 1992,
          on 5 January 1992 seven persons were hanged at Maragheh, East Azerbailan,
          after being found guilty of propagation of corruption on earth, committing
          acts of brigandage and armed robbery.
          29. In its response dated 24 November 1992, the Government replied as
          follows:
          “In 1992, on two separate occasions, people were sentenced to
          execution. In the first case, an armed robber while committing the
          crime, shot and killed a mother and her young child; therefore, in
          accordance with the divine Islamic code of Ghessass, he was sentenced to
          capital punishment. In the other case, due to banditry, armed robbery,
          and the murder of a truck driver, the convicted murderer was sentenced to
          capital punishment. It must be noted that the issuance of the Ghessass
          verdict, without proof that the murder was intentional, that the
          murderer, while committing murder, was mature and of sane mind, and that
          the murder took place under natural conditions, is impossible”.
          30. 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. Kioumarz Nadjafi,
          24 years old, executed at Masdjed Soleiman; Mr. Hassan Asgari, executed
          at Kermanshah; Mr. Djahangir Chams Sarraf, Mr. Rahim Derikvand,
          Mr. Sadeq Biralvand, Mr. Soleimani and Mrs. Effat Ghanizadeh, executed
          in Qazvin, Kermanshah, Gohardasht and Evin prison.
          31. The Government, in its reply dated 24 November 1992, stated the
          following:
          “Hamid Salehpour is currently in Ahwaz prison. He is an Iraqi spy
          who was arrested about two years ago in a border village while in
          possession of a substantial number of confidential documents. He has
          been convicted and sentenced to 15 years' imprisonment. Regarding
          Keyoumars Najaf-Abadi, there have been no records found.
        
          
          E / CN. 4 / 1993 / 4 1
          page 12
          Hassan Asgari-Moghadam, as a member of a known terrorist group, intended
          to plant a bomb in the city of Kermanshah and was arrested before the
          explosion. He has been sentenced to 10 years' imprisonment. Jahangir
          Shams Saraj-Zadeh is an armed robber who is currently serving a 10-year
          sentence in the city of Ghazvin. Regarding Rahim Derikvand,
          Sadeq Biralvand, et al. , due to the incomplete information on the names
          no records were obtained. Mrs. Ef fat Ghanizadeh has been released from
          prison. Therefore, none of these people have been executed, and each of
          the persons in question is living his or her own life”.
          32. 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”.
          33. The Special Representative has received reports of the execution,
          on 18 March 1992, of Mr. Bahman Samandari, 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.
          34. Mr. Bahman 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.
          35. By the letter dated 24 November 1992, the Government of the Islamic
          Republic of Iran referred to the above-mentioned case as follows:
          “Mr. Bahman Samandari has been a spy, and in numerous cases has
          involved individuals in his intelligence gathering activities. He has a
          corrupt personality and has frequently committed adultery with married
          women. He was once arrested on charges of spying several years ago but
          because of his repentance for previous conduct and the lightness of his
          charges, was released from the prison after a while. Although he is
          Baha'i by birth, his indictment had nothing to do with his belief, and
          the verdict issued has taken its legal procedure and approved by High
          Court”.
          36. On 27 April 1992, one person was hanged in Dizelabad prison at Kermanshah
          on charges of drug trafficking. Another 20 persons were also hanged,
        
          
          E/CN. 4/1993/41
          page 13
          allegedly for political reasons. Their property and money were confiscated by
          the authorities. One of those executed allegedly for political reasons was
          Mr. Mohammad Darabi.
          37. The reply dated 24 November 1992, declared that:
          “During the first 3 months of 1992 only one person was executed in
          the city of Kermanshah on charges of carrying more than 200 kilograms of
          heroin and opium. He was a professional distributor of narcotic drugs in
          Kermanshah and has corrupted many innocent youngsters. There has been no
          case of political execution in Kermanshah, and Mr. Mohammadreza Darai is
          presently in prison after confessing that he was given the mission by the
          Mojahedin organization of planting bombs in various locations in
          Kermanshah city”.
          38. 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 (PUK). No
          reasons were officially given for their execution.
          39. In addition to the executions mentioned above, it was reported
          that 28 other persons were executed during the month of April at
          Eeresht-e-Zahra, allegedly for political reasons.
          40. In its reply of 24 November 1992, the Government of the Islamic Republic
          of Iran stated that:
          “In the month of April, there were no political executions in
          Tehran. The alleged names listed were not recognized by any respective
          organs in the Islamic Republic of Iran. The Mojahedin organization,
          which supported Saddam Hussein in suppressing the Iraqi people's
          uprisings, has claimed that its forces were captured by Kurdish Iraqi
          Groups (Patriotic Unity of Iraqi Kurdistan) during the skirmishes, and
          the latter submitted them to Iran. However, it must be mentioned that
          tens of members of the aforementioned organization, who were savagely
          active in murdering and looting of the Kurdish population of Iraq, were
          killed while engaging anti-Saddam forces; thus, the people listed
          probably belong in this category”.
          41. On 26 May 1992, the Iranian newspaper Jomhuri 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.
          42. 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. Golamhossein Pourshirzad, Mr. Ali Sadeqi 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,
        
          
          E / CN. 4 / 1993 / 4 1
          page 14
          destroying public property and setting fire to government buildings.
          Mr. Ali Sadeqi was also charged with burning books, including the Holy Qur'an,
          because he 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.
          43. with respect to these allegations, the Government, by letter
          of 24 November 1992, reported the following:
          “Djavad Ganjkhanlu, Gholamhossein Pourshirzad, Ali Sadeghi and
          Hamid Javid, hooligans who had several convictions and imprisonments for
          theft, battery, and other misconducts, were arrested during a riot by a
          group of hoodlums in Mashhad. Since these four persons confessed to the
          murder of two innocent residents of Mashhad, and to looting and assault
          of several small businessmen who were defending their rights, they were
          sentenced to execution upon the request of the public prosecutor. In the
          course of the court proceedings, which lasted about one month, the
          juridical authorities of Khorasan Province decided upon the sentences of
          execution. But because of public demand for their immediate punishment,
          a Special Delegation was dispatched to Khorasan Province by the Supreme
          Judicial Council to supervise court proceedings; consequently the verdict
          for their execution was confirmed by the High Authorities and carried out
          accordingly”.
          44. 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.
          45. On 28 June 1992, the Iranian newspaper Kavhan reported that seven people
          were hanged at Shiraz, Fars Province, after being found guilty of possession
          and distribution of 500 kilograms of heroin.
          46. On 15 July 1992, the Iranian newspaper Kayhan reported that 13 people,
          including 4 Afghans, were hanged at Birjand. 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 Iranian soldier.
          47. On 27 July 1992, 15 people were executed at Hamadan on drug trafficking
          charges. Among those executed were Mr. Jafar Mo'ezzani, Mr. Rastegar and
          Mr. Hassan Baqalian.
          48. On 28 July 1992, the Iranian newspaper Jomhuri Islami reported
          that 15 members of a drug trafficking ring which allegedly produced and
          distributed 2 tons of heroin were hanged in Tehran.
        
          
          E/CN. 4/1993/41
          page 15
          49. On 30 July 1992, 16 persons were hanged at Hamadan 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.
          50. It has been reported that Mr. Yahya Kafshdar, 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.
          51. 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.
          52. with respect to the allegations raised under the right to life, the
          Government of the Islamic Republic of Iran, by letter of 24 November 1992,
          stated the following:
          “... It is necessary to take note of the fact that the problem of
          narcotic drug trafficking in the Islamic Republic of Iran constitutes the
          main crime for which the majority of capital punishment verdicts are
          issued. It is of a vital importance to reiterate that, the verdicts
          issued by respective courts were not implemented, unless after due
          process of law, initiation of appealing process upon the request of
          accused, exercise of the right to petition and requesting for pardon by
          the convicted person after the endorsement of verdict by a judicial
          authority of the Supreme Court.
          “In this regard I draw the attention of the Special Representative
          to the following observation: The issue of drug trafficking, which is a
          most devastating menace, has created serious social and economic problems
          for my country. To safeguard the lives of our people, we have organized
          a comprehensive campaign against illicit drug trafficking, for which we
          are spending a significant portion of our national funds.
          “As a result of this campaign many drug trafficking connections
          have been destroyed and the criminals have been tried. If one takes into
          consideration the seriousness of the situation, one would naturally
          conclude that any compromise with these smugglers would endanger not only
          Iran, but also any other country to which such drugs are directed.
          Consequently, to prevent these serious crimes, drug traffickers must be
          held responsible for their actions to the full extent of the law. As
          such, the prosecution of drug traffickers should not be considered a
          violation of individual rights, but rather as a guarantee of the
          fundamental rights of all people against the dangers of international
          trafficking bands”.
        
          
          E / CN. 4 / 1993 / 4 1
          page 16
          53. The following other cases or incidents concerning the right to life have
          been reported.
          54. On 30 May 1992, during incidents and demonstrations at Mashhad, Khorasan
          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.
          55. By the same letter dated 24 November 1992, the Government stated the
          following:
          “A number of members of the outlawed Kurdish Democratic Party, by
          infiltrating the country, intended to create rebellion in the city of
          Boukan. Although they numbered fewer than 20, they were confronted by
          the common people and disciplinary forces, 2 of whom were killed and 6
          wounded. During this attack, four Kurdish Democratic Party members were
          also killed and two were arrested. Because of the mountainous terrain,
          the others managed to escape. Shortly after, an enormous group of local
          people showed their disgust towards the said party through various,
          widespread demonstrations. This outlawed party's goal is the
          disintegration of the country and the establishment of an independent
          Kurdish government in the Western part of Iran. Towards the end, they
          attempted to create panic and intimidation among the people, by forcing
          them into submission, by taking them as hostages, and by looting their
          possessions and money. Their domicile is in North of Iraq, and they had
          a close relation with the Iraqi regime up until two years ago”.
          56. 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. He has emphatically
          denied supporting any political movement. His trial was allegedly held
          in camera and he reportedly had no access to legal counsel.
          57. By the letter dated 24 November 1992, the Government stated that
          “According to the investigations conducted, no previous records have been
          cited regarding Hatan Jahangiri-Zadeh. During 1992, no political prisoners in
          Tabriz have been sentenced to execution”.
          58. In early August 1992, Mr. Fereidoun Farokhzad-Araghi, an Iranian poet,
          movie actor and showman, was stabbed to death in his home 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. Ali Gholami, allegedly an agent of the secret
          police, and Mr. Morteza Rahmani-Movahhed had reportedly also threatened to
          kill him if he would not collaborate with the regime. Mr. Farokhzad-Araghi
          took part in a film, Vienna my Love , which was considered anti-Islamic by some
          Iranian authorities.
        
          
          E/CN. 4/1993/41
          page 17
          59. On 11 November 1992, the Special Representative addressed a letter to the
          Permanent Representative of Germany to the United Nations Office at Geneva
          requesting his Government to provide any information it might be able to on
          the investigation into the above-mentioned crime.
          60. On 5 January 1993, the Permanent Representative of Germany to the
          United Nations Office at Geneva addressed a letter to the Special
          Representative stating the following: “In the case of Mr. Fereidoun
          Farokhazad-Araghi, investigations have not furnished any proof of
          participation of Iranian officials in the assassination”.
          61. The Government of the Islamic Republic of Iran in its reply
          of 24 November 1992, stated the following:
          “According to the German police investigations, the murderer of
          Feridoun Farokhzad was a homosexual and his motivation was sex-related,
          not a political matter. Although the above information has not been
          proved and the investigations continue, the Embassy of the Islamic
          Republic of Iran in Bonn has announced its readiness to collaborate with
          judicial and police authorities. At the same time, it has demanded
          urgent measures to identify Farokhzad's murderer or murderers. The
          person who killed Farokhzad is most assuredly an opponent of the Iranian
          regime. Mr. Farokhzad condemned the Mojahedin's collaboration with
          Saddam in a meeting held in Canada, and a number of Iranians who gathered
          there had joined him in deeming them Saddam's mercenaries and spies”.
          62. with regard to the assassination of Mr. Kazem Rajavi at Coppet,
          Switzerland, on 24 April 1990, it was reported that requests addressed 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 Courrier of 22-23 February 1992,
          investigations have confirmed the involvement of 13 persons, among them
          Mr. Yadollah Samadi, an Iranian citizen aged 33, and Mr. Mohammad Said
          Rezvani, also an Iranian citizen, aged 34.
          63. The Permanent Representative of the Islamic Republic of Iran to
          the United Nations in his letter of 24 November 1992, referred to the Rajavi
          case as follows:
          “Regarding Kazem Rajavi's terror, the Embassy of the Islamic
          Republic of Iran in Bern has requested the Swiss judicial authorities to
          provide further information regarding the suspects, and to create proper
          channels for the desired cooperation. The request was also raised and
          followed up during several meetings of the Minister of Foreign Affairs
          and his Deputy with Swiss authorities. Swiss Ministry of Foreign Affairs
          officials promised to render their cooperation in this regard, but up to
          this moment they have not offered any assistance”.
          64. 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. Zeyal Sarhadi, 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
        
          
          E / CN. 4 / 1993 / 4 1
          page 18
          killers to escape to Switzerland. Other persons charged with complicity in
          the crime were Mr. Massoud Hendi, former chief of the Iranian Radio and
          Television in Paris, charged on 21 September 1991; Mrs. Fereshteh Diahanbari,
          allegedly linked to the Iranian Intelligence Services, charged
          on 28 September 1991, and Mr. Ali 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.
          65. It was further reported that the Investigating Magistrate,
          Mr. Jean-Louis Erugui&re, issued a warrant for the arrest of
          Mr. Mohammad Azadi and Mr. Farydoum Eoyer-Ahmadi, 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.
          66. The Government of the Islamic Republic of Iran referred to the Eakhtiar
          case in its reply of 24 November 1992, as follows:
          “In regard to Shapur Eakhtiar's terror, the investigation still
          continues. The Government of Iran has on several occasions cooperated
          with French police and ludicial authorities. Neither the propounded
          claims by the French mass media nor the reports circulated by the
          opposite parties in order to disturb the bilateral relations between
          France and Iran have been endorsed by the police or ludicial
          authorities”.
          67. Subsequent to his interim report to the General Assembly, the Special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter
          dated 23 December 1992, the following allegations concerning the right to
          life.
          68. On 24 April 1992, Mr. Abbas Narou'i was hanged in public in Sirjan,
          Kerman Province. No reasons were given for his execution.
          69. On 23 June 1992, Mr. Mostafa Ortegli was hanged in Qom, Central Province.
          No reasons were given for his execution.
          70. It has been reported that two members of the Kurdish opposition group
          Komala, Rahman and Towfiq Aliasi, were executed in June and August 1992,
          respectively, in Sanandaj Prison. In both cases the prison authorities merely
          handed over their clothes to their relatives and informed them that they had
          been executed. The televised confessions of Towfiq Aliasi, reportedly
          obtained as a result of ill-treatment or torture, were broadcast on local
          television in Sanandal in August 1992.
        
          
          E/CN. 4/1993/41
          page 19
          71. On 9 september 1992, the Iranian newspaper salam reported that
          Mr. Faramarz souri was executed in public in Kermanshah, Kermanshah Province,
          after receiving 99 lashes. No reasons were given for his execution.
          72. On 8 september 1992, two persons were hanged in public in Eaneh for
          political reasons. Their names were given as follows: Mr. saleh Amin Pour,
          aged 35, and Mr. Hassan saidi, aged 26.
          73. On 8 september 1992, a member of the Iranian Air Force,
          Colonel sadeghe Rabani, was shot in 1sf ahan, reportedly for political reasons.
          74. On 9 september 1992, a young man named Eabak was hanged in public in
          Tehran, after being found guilty of the murder of Mr. Rashide Aghai, a member
          of the Eassij resistance forces.
          75. According to a dispatch from Agence France Presse of 10 October 1992,
          19 persons were hanged in Tehran on 26 september 1992, on charges of buying
          and selling drugs.
          76. On 27 september 1992, nine persons were executed in Kermanshah,
          Kermanshah Province, after being sentenced to death by the Islamic
          Revolutionary Court of Kermanshah for distributing drugs.
          77. On 29 september 1992, nine persons were executed in Tehran. No reasons
          were given for their execution.
          78. According to the Iranian newspaper Kayhan of 28 september 1992,
          two unnamed persons were executed in Tehran during september 1992. No reasons
          were given for their execution.
          79. On 18 October 1992, two unnamed persons were hanged in public in Hamadan,
          Hamadan Province. No reasons were announced for their execution.
          80. According to a dispatch from Agence France Presse of 19 October 1992,
          17 people were hanged in Tehran and 3 others in Kermanshah,
          on 18 October 1992, after being found guilty of possession and distribution
          of narcotics.
          81. On 21 October 1992, the Iranian newspaper Ressalat reported that a
          medical student named Hamid, aged 25, was executed in Tehran. No reasons were
          given for his execution.
          82. On 22 October 1992, Ressalat reported that Mr. Abdolbaqi Imambai was
          executed in Tehran. No reasons were announced for his execution.
          83. On 26 October 1992, Kavhan reported that Mr. Alireza Narou'i was executed
          in shiraz, Fars Province. No reasons were announced for his execution.
          84. On 1 November 1992, a woman named Fatima Eani was stoned to death in
          1sf ahan, and Mr. Javad Rahimzadeh was hanged in public in Mashhad, Khorasan
          Province. No reasons were given for their execution.
        
          
          E / CN. 4 / 1993 / 4 1
          page 20
          85. On 4 November 1992, Ressalat reported that Mr. Ardeshir Kyanpour was
          hanged in Mehdishahr, Semnan Province. No reasons were announced for his
          execution.
          86. On 8 November 1992, Kavhan reported that Mr. Mohammad Hassan Rezaii was
          executed in Tehran. No reasons were given for his execution.
          87. It has been reported that these persons were executed following summary
          and unfair trials which failed to meet minimum internationally recognized
          standards. Trial hearings were held in camera , inside prisons, with
          defendants having no access to lawyers, no right to call witnesses in their
          defence and no right to appeal.
          88. It was also reported that most of these executions have been carried out
          publicly and in groups. Some victims have been stoned to death, hanged, shot,
          or subiected to flogging before being executed.
          89. According to the Iranian newspapers Kayhan, Ressalat , and Salam , the
          following persons have been sentenced to death by the Islamic Revolutionary
          Court of Tehran: Mr. Ebrahim Haqshenas, Mr. Ahmad Rajabi Analoheh,
          Mr. Shahnaz Azadi and Mr. Hassan Moqadassi Some'eh Olia. Mr. Gholam Reza was
          sentenced to death by the Islamic Revolutionary Court of Abadeh, Fars
          Province.
          90. Concern has been expressed to the Special Representative about the
          continuing endorsement by the Government of the Islamic Republic of Iran of
          threats to the life of the author Salman Rushdie. On 2 November 1992,
          Ayatollah Yazdi, Head of the Judiciary, stated that “the historic Fatwa and
          order by the Leader of Muslims, Imam of the Ummah, proclaimed in his capacity
          as the Religious Leader to all Muslims and religiously incumbent on any
          Muslim, is not analysed and examined within a purely political and diplomatic
          framework”. On 10 November 1992, Ayatollah Morteza Moqtadaei, Head of the
          Supreme Court of Justice, stated that “carrying out the order against the
          apostate Rushdie is an obligation for all Muslims, whether Shi'ite or Sunni.
          The Fatwa is an irrevocable Islamic order endorsed by 40 Muslim States. No
          authority, whether in Iran or abroad, can change this Islamic decree”.
          91. It was also reported that, on 2 November 1992, Ayatollah Hassan Sane'i,
          Head of the 15th Khordad Foundation, which in 1990 set a US$ 2 million reward
          for Rushdie's death, stated that the bounty had been boosted dramatically. He
          pointed out that, after the execution of the Fatwa , the reward would be
          immediately paid to the person who carried it out. He added that “If this
          verdict is executed by Rushdie's relatives, the reward offered by this
          Foundation will be boosted considerably”.
          92. On 6 November 1992, the Special Representative requested the Government
          of Japan to provide him with any information it would be able to make
          available to him with regard to the investigations into the assassination of
          Professor Hitoshi Igarashi, who translated the novel of Salman Rushdie
          entitled The Satanic Verses into Japanese. Professor Igarashi was murdered at
          Tsukuba University in Ibaraki City on 12 July 1991.
        
          
          E/CN. 4/1993/41
          page 21
          93. On 8 January 1993, the Permanent Mission of Japan to the United Nations
          Office at Geneva reported the following:
          “The Permanent Mission of Japan has the honour to inform you,
          under instructions from its home Government, that ever since
          Mr. Hitoshi Igarashi was found dead at around 8 o'clock on 12 July 1991
          within the premises of the Tsukuba University, the case has been
          vigorously investigated: however, the investigation has to date borne
          little fruit as to the identity of the perpetrator or other relevant
          information”.
          94. On 11 November 1992, the Special Representative requested the Government
          of Germany to provide him with any information with regard to the
          investigations into the assassinations of four leading members of the
          “Kurdistan Democratic Party of Iran - Qassemlov Faction” in Berlin.
          On 17 september 1992, Mr. sadiq Charafkandi, Secretary-General of the party,
          Mr. Fattah Abduli, representative of the party in Europe, Mr. Mulayun Ardalan
          and Mr. Nun Dehkurdi were assassinated while they were in Berlin, reportedly
          participating in a meeting held by the socialist International.
          95. On 5 January 1993, the Permanent Representative of Germany to the
          United Nations Office at Geneva reported the following: “As far as the
          assassination of four leading members of the ‘Kurdistan Democratic Party of
          Iran' are concerned, investigations by the district attorney in Berlin are
          still being carried out”.
          96. The special Representative also requested the Government of Germany,
          on 11 November 1992, to provide him with any information it would be able to
          make available with regard to the death of Mr. Rassoul Sadeghian Raddani in
          March 1992, in Essen. The special Representative had received information
          that this person, who was hospitalized at the Ronal Klinik at Essen, for the
          treatment of severe iniuries caused by chemical weapons during the Iran-Iraq
          war, was attacked and wounded by knife, while taking a walk in front of the
          hospital, allegedly by members of the organization “People's Mojahedin of
          Iran”.
          97. On 5 January 1993, the Permanent Representative of Germany to the
          United Nations Office at Geneva reported the following:
          “As to the case of Mr. Raddani, allegedly assassinated by members
          of the organization ‘Peoples Mojahedin of Iran' in Essen, competent
          police authorities could not confirm such allegations. A post-mortem
          examination, that was called for by the district attorney, came to the
          conclusion that Mr. Raddani had died of the consequences of severe
          injuries caused by chemical weapons during the Iran-Iraq war, for the
          treatment of which he was hospitalized in Essen. Additional external
          effects leading to the death of Mr. Raddani were excluded after the
          post-mortem examination”.
          B. Enforced or involuntary disappearances
          98. The special Representative wishes to point out that the Working Group on
          Enforced or Involuntary Disappearances of the Commission on Human Rights has
        
          
          E / CN. 4 / 1993 / 4 1
          page 22
          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.
          99. By the same letter dated 24 November 1992, the Government of the Islamic
          Republic of Iran stated that:
          “The Islamic Republic of Iran has worked closely with the Working
          Group on Enforced or Involuntary Disappearances and have responded to all
          the claims. In the view of the Islamic Republic of Iran, the propounded
          claims are baseless. It has therefore requested from the Working Group
          more precise information concerning these findings with complete
          specifications on the individuals to make the feasibility of
          investigation possible in this regard, the Islamic Republic of Iran
          is ready to fully cooperate with the Working Group on Enforced and
          Involuntary Disappearances”.
          100. Subsequent to his interim report to the General Assembly, the Special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter
          dated 23 December 1992, the following allegation.
          101. It has been reported that Mr. Bahman Qahramani disappeared in 1988 after
          being detained in the city of Yasool, on political charges. The fate of this
          person remained unknown. No investigation appeared to have been carried out
          by the Government in spite of numerous inquiries by his relatives.
          C. Right to freedom from torture or cruel. inhuman
          or degrading treatment or punishment
          102. 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.
          103. In the letter dated 24 November 1992, the Government replied that “The
          Islamic Republic of Iran has taken decisive measures to prevent the arbitrary
          behaviour of ludicial personnel, and denies the above-mentioned and basically
          irresponsible accusations”.
          104. 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 victim's 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
        
          
          E/CN. 4/1993/41
          page 23
          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.
          105. 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.
          106. 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.
          107. On 24 November 1992, the Government of the Islamic Republic of Iran
          stated, with regard to the three preceding paragraphs, that:
          “The laws of the Islamic Republic of Iran do not permit such
          inhumane behaviour towards prisoners and detainees, and the monitoring
          system of inspection and control would detect any illegal behaviour and
          punish the delinquents in accordance with the law. Examples of
          disciplinary punishments meted out by the executive organs of the
          judicial branch were duly reported to the Special Representative on his
          third trip to Tehran, and there is a list of such information annexed to
          document E/CN.4/1992/34 of 1992. In addition, at the session of the high
          court of law for discipline of attorneys, which took place on
          9 November 1992 in the presence of the members of the court of law, the
          Chief of the judicial branch, the Chief of the State Supreme Court, the
          Chief of the first branch of the disciplinary court of attorneys and
          disciplinary prosecution of attorneys, the cases of two delinquent
          attorneys were investigated and after due discussions and consultations,
          a verdict for the permanent suspension of their law practice was issued”.
          108. The specific cases described below were reported to the Special
          Representative.
          109. The torture of Mr. Khalil Akhlaghi while in detention in the prison of
          Shiraz was reported. He was born in 1939 at Ghenaveh, Bushehr Province, son
          of Gholamali 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 torture.
          He was reportedly beaten frequently with electric 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 a result of these
          tortures, he allegedly agreed to copy prewritten documents with his own hand
          and sign them. This was called by the authorities a “confession of spy
          activities”.
        
          
          E / CN. 4 / 1993 / 4 1
          page 24
          110. It was also reported that Mr. Akhlaghi was arrested and tried by virtue
          of the accusations made against him by Mr. Bahram 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.
          111. By its letter dated 24 November 1992, the Iranian Government stated that:
          “The claims regarding Mr. Khalil Akhlaghi were investigated by a
          special delegation assigned by the chief of the prisons organization, and
          no sign of misconduct was observed. During his detention period,
          Mr. Khalil Akhlaghi, was given leaves of absence several times and
          regularly enjoyed long visits with his family”.
          112. Also reported was the torture while in detention in Evin prison of
          Mr. Mohammad Rahim Bakhtiari, a football player arrested in September 1991.
          The reasons for his detention are not known.
          113. 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.
          114. Reported was the psychological torture while in detention in
          Masjed Soleiman prison of Mr. Jahanbakhsh Khosravian Cham 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.
          115. The Government of the Islamic Republic of Iran, with regard to the three
          preceding paragraphs, replied that “no records have been found regarding
          Mohammad Rahim Bakhtiari, Hossein Dashtgerd and Khosravian Champiri”.
          116. No measures are known to have been taken during 1992 to establish legal
          or procedural safeguards against prisoners being tortured.
          117. In its reply, the Government stated that “as mentioned earlier the
          constant control and inspection for the correct implementation of the
          regulations of laws, prevention of torture, and misconduct of prisoners have
          been enforced in recent years”.
          118. 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.
          119. According to a dispatch 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.
        
          
          E/CN. 4/1993/41
          page 25
          120. subsequent to his interim report to the General Assembly, the special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter dated
          23 December 1992, the following allegations.
          121. The Iranian newspaper Abrar reported, on 5 November 1992, that
          on 3 November 1992 five people were condemned to finger amputations on charges
          of stealing. Their names were given as follows: Mr. Ali Nazeri, aged 36;
          Mr. Farshid Qanbari, aged 22; Mr. Qorban Ali, aged 36; Mr. Mohammad Ali
          shushtari, aged 25; and Mr. Mehdi Isma'ili. The verdicts were carried out in
          front of the offices of the Ministry of Justice in the city of sari,
          Mazandaran Province, in the presence of judges, employees and more than
          200 people.
          122. On 8 september 1992, two brothers named Hossein and Farbuel,
          respectively, were reported to have been subjected to a flogging in public in
          the city of Tabriz.
          123. According to the newspaper salam of 5 August 1992, “several days ago a
          group of unidentified motorcycle riders splashed paint on the faces of some
          sisters in Vanak square and fled in an ugly act”. The newspaper added that
          “Authorities should take measures to stop such acts because they are sometimes
          attributed to pious Easijis”, referring to members of the Eassij resistance
          forces under command of the Revolutionary Guards Corps. The report in salam
          followed repeated charges of maltreatment of women whose Islamic covering was
          not right. Iran's Islamic laws require women to wear loose, cover-all
          garments and show no more than their face and hands in public. Off enders are
          punishable by up to 74 lashes and may be jailed or fined.
          124. According to the Iranian newspaper Jahan-e Islam of 10 October 1992, the
          Commander of the security Forces of Kermanshah Province reported that
          248 persons were arrested and sentenced to 30 to 90 lashes during september
          1992 in Kermanshah Province, on charges of illegitimate relationships,
          harassment, and drinking alcohol. A number of those arrested were also given
          prison terms.
          D. Administration of justice
          125. 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.
          126. 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 ( Vakil-e-Dadgostari ) , a qualified lawyer. such a person
        
          
          E / CN. 4 / 1993 / 4 1
          page 26
          would not, according to article 14 (d) 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.
          127. 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.
          128. 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 came into force, albeit in the absence
          of defence counsel, were declared null and void.
          129. By the letter dated 24 November 1992, the Permanent Representative of the
          Islamic Republic of Iran to the United Nations stated the following:
          “According to the laws of the Islamic Republic of Iran, there are
          no limitations regarding the right to an attorney by the accused. This
          means that the accused has the right to choose any person whether or not
          he is an attorney or not, and the court officially recognizes this right
          of the accused. Thus using the mere word ‘attorney' (as approved by the
          National Council of Urgency) does not create any legal limitation in this
          regard. Many examples of the participation of attorneys in court speak
          the truth of this assertion. Thus, the credibility of the aforementioned
          is completely denied. As previously stated the accused has total freedom
          of choice in acquiring an attorney, and in the event of the financial
          inability of the accused, the court has the duty to provide a court
          appointed attorney. Based on the reiteration of the Chief of Judicial
          Power and the Chief of Prosecution of the Revolution no verdict can be
          issued and no trial can be held, without the accused exercising his right
          to choose an attorney. The lack of this measure leads to nullification
          of the issued verdict, and the violators shall be judged under the
          prosecution of the disciplinary prosecutor's office”.
        
          
          E/CN. 4/1993/41
          page 27
          130. 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 fear 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
          election could be held. The members of the “Reform Council”, appointed by the
          Head of the Judiciary, must dismiss lawyers 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.
          131. On this allegation, the Government stated the following:
          “‘The Committee of Attorneys' is active according to law, and the
          legal conditions of membership in this committee have been determined by
          law, according to the Islamic Assembly Council. Clearly, a good
          reputation and the lack of any past misconduct, are logical and
          understandable requirements for the election of the attorneys; thus, the
          claims and allegations of the Special Representative in most of
          aforementioned cases are unrealistic and the result of incorrect
          preconceptions”.
          132. 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.
          133. By its letter dated 24 November 1992, the Government stated the
          following:
          “The serious effort of the judicial power is based upon the fact
          that the entire legal procedure, from the initial arrest of the accused
          up to the issuance of the verdict and its implementation, should be
          observed, and existing laws provide for the legal rights of the prisoner,
          including the rights of trial without delay and the calling of witnesses.
          The judicial body, upon being informed of any violation, shall place the
          matter under investigation. In the Islamic Republic of Iran,
          disciplinary forces, which based on the permission of the judicial
          authorities, have the right to arrest suspicious persons or those guilty
          of committing crimes, must deliver the criminal after 24 hours to the
          judicial authorities according to procedure; the judicial authorities
          additionally are mandated to complete and expedite the case, and for the
          issuance of a judicial verdict, must submit the latter to superior
          committees. Sometimes, due to protests from the accused, investigations
          regarding the crimes, the depositions of witnesses, or often due to the
          accused's request, the process of handling a criminal case may be
          prolonged; however, despite that, the State Supreme Court will try to
          reduce the time to a minimum, by following up existing cases in courts”.
        
          
          E / CN. 4 / 1993 / 4 1
          page 28
          134. 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”.
          135. The reply by the Government of 24 November 1992 stated that:
          “As previously mentioned, any actions toward arrested persons and
          convicts is conducted according to law, and the courts, according to the
          criteria and by-laws of their respective branches, will determine the
          amount of bail, deposit and parole. Additionally, prior to the issuance
          of any verdict of imprisonment, the court shall state the period of stay
          in detention in the final verdict and calculate any factor in the
          previous period of time served in detention”.
          136. It has been said that prisoners' attempts to organize group activities
          have led to harsh punishment. This allegedly has applied not only to actions
          such as protests against prison conditions, but even to organizing a study
          group or physical exercise.
          137. 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 give 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.
          138. On 24 November 1992, the Government of the Islamic Republic of Iran
          replied that:
          “No prisoner is held except under the provisions of the court's
          verdict, and in the case of any deviation, the issue will be placed under
          investigation. In accordance with the law, the accused must be treated
          by the authorities of the courts and prisons in a humanitarian manner,
          and no one is permitted to impose action such as repentance or record a
          videotaped interview under pressure”.
          139. 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.
          140. 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
        
          
          E/CN. 4/1993/41
          page 29
          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.
          141. The Special Representative has received reports of the arrest of hundreds
          of persons following demonstrations and riots in several Iranian cities.
          142. 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 persons
          were arrested following demonstrations at Khajeh Nassir University in Tehran.
          During a house-to-house search at Jaafarabad, Kermanshah, on 4 March 1992,
          89 persons were arrested. On 11 March 1992, 90 persons were arrested at
          Ramhormoz and 28 persons were arrested in Mahshahr. On 4 April 1992, several
          persons were arrested during demonstrations at Tabriz, East Azerbailan
          Province, and during violent incidents at Takab, Azerbaijan. On 5 April 1992,
          46 persons were arrested at Mashhad. On 14 April 1992, 100 persons were
          arrested at Dargaz, Lorestan Province.
          143. In its reply of 24 November 1992, the Government stated that:
          “The claims contained in the two preceding paragraphs are baseless
          and even in some cases contain imaginary names of cities. However, as it
          was mentioned before, safeguarding the public order and security is the
          task of the disciplinary forces; thus, in some indicated cities, the
          officers were rightfully obligated to arrest the rioting elements. The
          dimensions of the said claim in the above paragraph have been enlarged,
          and the scope of operation of the disciplinary forces and the number of
          the cases of riots are of far less magnitude than indicated” .
          144. According to a dispatch from Reuters of 11 June 1992, on 15 April 1992
          there took place riots at Shiraz, Fars 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-Mahal, Eakhtiari Province.
          145. The Government replied on 24 November 1992 that:
          “The scope of the riots which took place in the city of Shiraz on
          the above-mentioned date, and the manner in which it was claimed, have
          been grossly exaggerated.
          “Nevertheless, as the Special Representative has pointed out, the
          acts of hooligans, including attacks on police stations, setting fire to
          vehicles and two petrol stations, consequently led to the appropriate
          response of disciplinary forces to maintain order and security. In
          regard to the event which took place in Khorramabad, the incident was
          related to a gathering of a group of supporters of a selected candidate
          of that constituency, following the announcement of the results of the
          elections to the Islamic Assembly Council which had a local scope, and
        
          
          E / CN. 4 / 1993 / 4 1
          page 30
          lacked any kind of opposition to the rule of the Islamic Republic of
          Iran. The reports of Reuters and other news sources are denied in this
          regard”.
          146. On 9 May 1992, at least 165 persons were arrested at Ahar.
          On 10 May 1992, 61 persons were arrested at Kharameh, 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.
          147. On this allegation, the Government stated, on 24 November 1992, that:
          “The claims regarding the arrest of 165 persons in the city of Ahar
          are denied. Additionally, in respect to the events in Kharameh, some
          locals resorted to the destruction and damage of shops and business
          places of some of their opponents. The disciplinary forces, due to
          personal claimants and complainant, and to prevent the expansion of the
          disputes and to maintain public order and security, arrested the persons
          responsible in order to render them to the appropriate ludicial
          authorities”.
          148. The demonstrations on 20 and 21 May 1992 at Shustar provoked the
          declaration of a state of siege in that city, followed by a large number of
          detentions. On 30 May 1992, a series of protests took place at Mashhad,
          Khorasan 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 Eukan.
          149. The Government in its reply, of 24 November 1992 stated that:
          “There was a gathering of one of the candidate's supporters (in
          relation to the fourth terms of the election of the Islamic Consultative
          Assembly at the city of Shoushtar) , but there were no arrests, and the
          situation in the city returned to normal. The received reports, and the
          report of Reuters, are denied”.
          150. The Head of Judiciary, Ayatollah Mohammad Yazdi, was quoted by Reuters
          on 1 June 1992 as saying that a number of experienced judges had 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”.
          151. 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.
        
          
          E/CN. 4/1993/41
          page 31
          152. The Iranian news agency IRNA reported on 11 June 1992 that the Supreme
          Leader of the Islamic Revolution, Ayatollah Ali Khamenei, urged the
          authorities to “seek out troublemakers and eradicate them like weeds”. It
          also quoted Mr. Mohammad Karami, Prosecutor of the Islamic Revolutionary Court
          of Shiraz, as saying that 45 people were sentenced to between 4 months and
          10 years' imprisonment for their role in the Shiraz riots of 15 April, and
          that 20 more people were still being tried.
          153. with regard to the preceding paragraph, the Government replied that:
          “The officials of the Islamic Republic of Iran have legal authority
          to take the necessary measures to secure public order and peace within
          the context and conventional standards approved by legal and
          international criteria”.
          154. According to a dispatch from the Associated Press of 10 June 1992, the
          spiritual leader of Iran, Ayatollah Ali Khamenei, told the Mailis that the
          incidents at Mashhad, Shiraz and several other cities were “led by small,
          hidden and masked counter-revolutionary elements”.
          155. 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.
          156. In its letter of 24 November 1992, the Government stated the following:
          “The ludicial power severely opposes any prosecution and trial of
          the accused against the ludicial procedure in accordance with the
          acknowledged standards, and as it was stated, no judgement without
          observation of the above-mentioned criteria is legal or dispensable.
          Also no verdict for execution shall be issued and implemented before
          undergoing several key legal processes at the following stages: the
          right to appeal; referral of the case to the State Supreme Court, the
          request for pardon after having had the endorsement of the verdict of
          execution by the State Supreme Court; and, awaiting response”.
          157. 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.
          158. In response to this information, the Permanent Representative of the
          Islamic Republic of Iran stated, in the letter dated 24 November 1992, that:
          “Following the mischievous acts of local hoodlums in the cities of
          Shiraz, Mashhad, Shoushtar and Ramhormoz, the disciplinary forces
          arrested some of the instigators under warrants from the judicial
          authorities, and most of them were released after being given guidance.
          The rest of the cases mentioned are baseless, and there have not been any
          anti-government protests or riots in the cities mentioned”.
        
          
          E / CN. 4 / 1993 / 4 1
          page 32
          159. On 30 July 1992, there took place at Shush house-to-house searches during
          which Mr. Hassan Hori, Mr. Reza Kalachi and Mr. Ahmad Ghiyassi were reportedly
          arrested.
          160. 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.
          161. The Special Representative has received information on the following
          specific cases of detention arbitrarily imposed.
          162. The arbitrary detention was reported, on four different occasions, of
          Mr. Ali Zahmat Keshan in Ealuchistan Province, for political reasons. He
          stated that the unlustified arrests had ruined his reputation and damaged his
          lob. He demands to be rehabilitated.
          163. The arbitrary detention was further reported of Mr. Ismail Earzegar, 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.
          164. The arbitrary detention was reported of Mr. Gholam Reza Koushki, born
          in 1953, son of Mr. Seyyed Wali (identity card No. 514 issued at Sanandal), on
          suspicion by the Office of the Revolutionary Attorney of Khorramabad of being
          a collaborator of the so-called Fedayin Organization-Ma lority Line. The
          accusation was proved unfounded and he was consequently released. However, he
          has lost his lob 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.
          165. 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
          ludicial action has reportedly been initiated against him.
          166. with regard to the preceding paragraph, the Government replied, on
          24 November 1992, the following:
          “First of all the Nabovat Foundation was a 100 per cent private
          establishment which was banned three years ago by the prosecutor general,
          following charges of financial abuse. Secondly, the accused in the case
          was tried in accordance with the law, and following the investigation of
          the Court of Appeal, the accused was sentenced to punitive imprisonment.
          Therefore, the validity of this claim is denied. Thirdly, the chief of
          the Investigations Department was arrested, following the accusations
        
          
          E/CN. 4/1993/41
          page 33
          against him, and he was put under detention. At present, the accused is
          awaiting the completion of his file and the trial. The dismissal of one
          of the chiefs of the investigation department was due to incompetent
          management, and the charge of armed robbery is not applicable to him.
          The reports received do not correspond to the truth”.
          167. The Special Representative requests information from the Government
          regarding the situation of the prisoners listed in annex I to the present
          report.
          168. 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.
          169. 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.
          170. with reference to the two preceding paragraphs, the Government of the
          Islamic Republic of Iran replied:
          “Considering the situation which has developed regarding the status
          of the office of ICRC in Tehran, unfortunately, the normal activities of
          this office have been suspended. Nevertheless, in cases of finding a
          practical mechanism for the continuation of the Committee's activities,
          the Islamic Republic of Iran is prepared to review the matter, even prior
          to the removal of the obstacles concerning the initiation of the
          activities of the ICRC office in Tehran”.
          171. subsequent to his interim report to the General Assembly, the special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter dated
          23 December 1992, the following allegations.
        
          
          E / CN. 4 / 1993 / 4 1
          page 34
          172. The Iranian newspaper Abrar of 19 october 1992 reported that “Independent
          courts are going to be formed to try of fences committed by children older
          than seven and below the religious age of puberty”. According to the Canon
          Law, the age of adolescence is considered to be 14 for boys and 9 lunar years
          for girls. On 5 July 1992, Tehran Radio reported that according to the bill
          for the establishment of luvenile courts, for crimes punishable by sentences
          of one or more years of imprisonment under tazir , a judge and a counsellor
          will preside over the courts.
          173. The Iranian newspaper Jomhuri-Islami of 22 September 1992, reported that
          the Commander of the Security Forces of Khuzistan Province stated that “2,400
          persons were arrested in Khuzistan for propagating social corruption between
          March and August 1992”.
          174. The Special Representative requests information from the Government
          regarding the situation of the following prisoners:
          (a) Mr. Abdollah Eagheri, a former member of the Kurdish opposition
          group Komala who was arrested at the beginning of November 1992 outside
          Mariwan, close to the Iraqi border. The precise date of his arrest and his
          present whereabouts are unknown. Abdollah Eagheri was reportedly no longer a
          member of Komala at the time of his arrest, but had been an active member of
          the organization for several years;
          (b) Mr. Seyed Ali Sharifioun, who is being held at a labour centre
          affiliated to Ghom Prison. He was arrested on 2 March 1989 and sentenced to
          15 years' imprisonment after a trial which allegedly failed to meet
          internationally recognized standards. During the first part of his trial,
          Mr. Sharifioun had no access to legal counsel. Later, the Islamic
          Revolutionary Court of Ghom accepted the appointment of a lawyer but refused
          to deliver the file of the trial to him, preventing also any visit between
          lawyer and defendant. Mr. Sharifioun's real estate and personal property have
          been confiscated;
          (c) Mr. Hans Eohler, a Swiss businessman, aged 51, who was arrested in
          March 1992 while working for a Swiss telecommunication company. Mr. Eohler is
          facing charges of corruption and having illegal contacts with Iranian
          nationals.
          E. Freedom of expression. opinion and the press
          175. 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.
        
          
          E/CN. 4/1993/41
          page 35
          176. In its reply of 24 November 1992, the Government stated the following:
          “It seems that in an equitable investigation, regarding the status
          of press and freedom of expression in the Islamic Republic of Iran,
          whereas, there are more than 28 newspapers and 450 publications, in
          addition to the hundreds of volumes of books which are being translated,
          compiled or written by local writers, most of which are printed and
          distributed by private printing houses, the conclusion may easily be
          reached that freedom of the press within the context of the laws of the
          Islamic Republic of Iran is one of the most valuable achievements of the
          post-Islamic Revolution. In fact, among newspapers with wide circulation
          in the Islamic Republic of Iran, at present, the number of newspapers
          expressing opposition views towards the Government is higher than the
          number which are supportive of and tolerant towards its critics.
          Nevertheless, the press is obliged to observe respect for public opinion
          and is not permitted to dishonour the national and religious beliefs of
          the people, be they Muslim or from official minorities and this principle
          forms the baseline for the policies of the Islamic Republic of Iran
          towards freedom of the press, expression and opinion”.
          177. 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 subiect to
          extensive self-censorship and censorship.
          178. In its reply of 24 November 1992, the Government stated that:
          “According to the press laws, any individual who wishes to publish
          may do so by obtaining permission to be issued by a committee comprised
          of one judge, a representative of the press, a representative of people
          at the Islamic Consultative Assembly, and a representative of the
          Government. There is no monopoly for publication imposed by the
          Government, and in recent years the Government has directly supported the
          press through appropriation of subsidies”.
          179. An editorial of the Iranian newspaper Tehran Times of 27 July 1992 stated
          the following: “Most 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 politico-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”.
          180. 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.
        
          
          E / CN. 4 / 1993 / 4 1
          page 36
          181. It was said that possession of a typewriter, photocopier, computer, fax
          machine or short-wave radio not registered with the authorities incurs severe
          punishment.
          182. It was also reported that many valuable archives, notably concerning the
          Islamic revolution, have been destroyed.
          183. 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 Islam from cultural
          institutions and urged the ludicial authorities to react seriously towards any
          insult against Islam and bring those guilty to lustice, according to the
          Tehran Times of 20 April 1992.
          184. It has been reported that in April 1992, the sports monthly Farad 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.
          185. It was reported that the premises of the cultural weekly Donva-&-Sokhan
          were also burned subsequent to its prohibition by the authorities. Its
          editorial staff were reportedly arrested.
          186. It was further reported that the feminine weekly Zan-&-Rous was banned by
          the authorities.
          187. Subsequent to his interim report to the General Assembly, the Special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter dated
          23 December 1992, the following allegation.
          188. On 28 September 1992, the Provincial Supervisor of the Iranian newspaper
          Kayhan in East Azarbaijan and a reporter of that newspaper were arrested and
          beaten for reporting that the Governor of the Central Part of Tabriz was
          ousted from his post for violating the law. The arrests were reportedly
          ordered by the Governor of Tabriz, Mr. Najafi Azar, who considered that this
          news was a blow to his prestige, since the Governor of the Central Part had
          been appointed and brought to Tabriz by him.
          F. Political rights
          189. 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.
          190. 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 ulema . The
          applications of one third of the over 3,000 candidates were turned down,
          according to the newspaper Salam of 8 April 1992.
        
          
          E/CN. 4/1993/41
          page 37
          191. The former Heavy Industries Minister, Mr. Eehzd Nabavi, in an open
          letter, demanded that the Council publish the reasons for his rejection in the
          press. Hojjatoleslam Sadeq Khalkhali stated that he did not know why he was
          disqualified. According to Salam of 8 April 1992, he said: “We have
          repeatedly told the Guardians Council to publicly state our of fences, 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”.
          192. 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”.
          193. 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.
          194. subsequent to his interim report to the General Assembly, the Special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter dated
          23 December 1992, the following allegation.
          195. It has been reported that Mr. Qorban Ali Salehabadi, former Deputy of the
          Majlis (Islamic Consultative Assembly) from Mashhad, was sentenced to two
          years' imprisonment by the Islamic Revolutionary Court of Tehran “for his
          efforts to undermine the regime of the Islamic Republic of Iran”.
          G. The situation of women
          196. 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 4 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.
        
          
          E / CN. 4 / 1993 / 4 1
          page 38
          197. 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.
          198. 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, 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.
          199. 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.
          200. Concern continues to be voiced over legal provisions requiring women to
          observe Hilab 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. Off enders 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.
          201. 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.
          202. It has been further reported that 165 improperly veiled women were
          arrested on 7 June 1992 in Tehran 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.
          203. On 21 July 1992, several women were reportedly arrested in Tehran and
          Shiraz by groups of Guards and Eassij forces, on charges of violating the
          dress code. The women were reportedly taken by buses to unknown locations.
          204. On 22 July 1992, several women were reportedly arrested at Roudsar,
          1sf ahan and Ahwaz for being improperly veiled.
          205. On 1 August 1992, groups of Guards and Eassij 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 Jomhouri intersection in Tehran.
          206. It was further reported that two girls and a woman and her two children,
          were arrested on improper-veiling charges at Shahsavar.
        
          
          E/CN. 4/1993/41
          page 39
          H. Right to work
          207. It was reported that Mr. Amir Askari, a civil engineer employed by Dlihad
          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 lob. Numerous appeals and letters demanding medical and
          social assistance from that organization have been answered by stating that
          all demands against Dlihad 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.
          208. It was also reported that Mr. Morshed Ali, an almost blind man who has
          been dismissed from his lob, has written numerous letters and appeals to the
          authorities requesting them to give him back his lob or, alternatively, to
          give him social assistance. He has allegedly never received a response.
          209. It was reported that Mr. Gulam 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 Hakhgar Fedayan Khalq Organization. He was released in
          1987 after he reportedly gave guarantees not to collaborate with opposition
          groups in the future. Since then, he has reportedly had no opportunity to get
          a lob.
          I. Right to education
          210. 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
          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.
          211. Subsequent to his interim report to the General Assembly, the following
          allegations were transmitted by the Special Representative to the Permanent
          Representative of the Islamic Republic of Iran to the United Nations Office at
          Geneva, by letter dated 23 December 1993.
          212. On 19 october 1992, the Director of Renovation, Development and Equipment
          of Schools of the Ministry of Education stated that “112,000 classrooms are
          needed across the country to improve the quality of the existing educational
          centres”.
          213. On 7 September 1992, the Director-General of Nomadic Affairs of Isfahan
          Province stated that “Through 1991, there were only five classes for 9,000
          members of the Eakhtiari nomads who are required to receive education”.
          3. Right of everyone to own property
          214. It was reported that Mr. Ismail Movasseghian, an 81-year-old resident of
          Ardebil, East Azerbailan, suffered the arbitrary closure of a gymnasium on his
          property. He allegedly had all the necessary authorizations, in spite of
          which Mr. Dlazaeri, Director of Public Places, and Mr. Abbas Seyyed Hatami,
        
          
          E / CN. 4 / 1993 / 4 1
          page 40
          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.
          215. It was reported that Mr. Mehdi 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.
          216. 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.
          217. 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. Freedom of religion and the situation of the Eaha'i community
          218. 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 tolerance of different
          religions, its prohibitions against conversion from Islam create an
          environment of religious intolerance. Mr. Mehdi Dibaj, a church leader and
          former Muslim, continues to be held in prison because of his religious belief.
          219. 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.
          220. Also reported were alleged restrictions on the followers of the Ahlehagh
          faith.
          221. It has been reported that, since 1979, Eaha'is have been systematically
          persecuted, harassed and discriminated against for their religious beliefs and
          that 201 Eaha'is have been killed; 15 other Eaha'is have disappeared and are
        
          
          E/CN. 4/1993/41
          page 41
          presumed dead. It was further reported that after a cessation of executions
          for a period of three and a half years, Mr. Bahman Samandari, a member of the
          Baha'i community in Iran, was arrested on 17 March 1992 and executed in Evin
          prison in Tehran on 18 March 1992 (see para. 33 above) . At the time of
          writing, no reason for his execution had been given by the judicial or prison
          authorities, nor has the location of his grave been disclosed.
          222. 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.
          223. 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.
          224. 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.
          225. It was said that the arbitrary arrest and detention of Baha'is continue
          in Iran. On 1 April 1992, Mr. Hussain Eshraghi, an elderly Baha'i, was
          arbitrarily arrested at his home in Isfahan 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, 1sf ahan, 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 Baha'is imprisoned in the Islamic
          Republic of Iran was 10.
          226. 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 had 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
        
          
          E / CN. 4 / 1993 / 4 1
          page 42
          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 Eaha'i children's classes throughout Iran.
          227. Neither Eaha'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.
          228. 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.
          229. 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 27 August 1984 by the Islamic Revolutionary Army Court.
          230. 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: “Eased on the information received, you are a Baha'i and
          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”.
          231. 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”.
          232. 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
        
          
          E/CN. 4/1993/41
          page 43
          outside the domain of Islam, 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”.
          233. 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”.
          234. On S May 1991, the committee in charge of administrative offences 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
          off ences, and sentenced him to be barred from any government posts, according
          to article 13 of the above-mentioned law. This verdict was subiect to
          investigation by the Review Committee.
          235. 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.
          236. 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
          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.
          237. A recent document issued by the Prosecutor of the Islamic 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”.
          238. 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
          Imam, sanctified be his noble Being”.
          239. 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
        
          
          E / CN. 4 / 1993 / 4 1
          page 44
          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.
          240. 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.
          241. 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.
          242. Kevhan newspaper published on 22 January 1992 an article which stated:
          “One of the malor 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”.
          243. subsequent to his interim report to the General Assembly the following
          allegations were transmitted by the special Representative to the Government
          of the Islamic Republic of Iran, by memorandum dated 23 December 1992.
          244. It has been reported that Mr. Mohammed sepehr, Rev. Hossein soudmand's
          successor and also a Muslim convert to Christianity, was imprisoned in Mashhad
          in 1991 for several months for his faith.
          245. The pastor of the Injili Church (Presbyterian church) of Tabriz was
          arrested, imprisoned and tortured from December 1990 to August 1991. He
          suffers from long-term psychological and physical injuries sustained while in
          prison. When he applied for an exit permit to leave Iran in June 1992, it was
          refused.
          246. It was reported that the Iranian Bible society, which was dissolved by
          the Government in 1990, is still closed. All Christian bookstores have been
          closed and all Christian books have been confiscated.
          247. It was also reported that The Garden of Evangelism, a Christian training
          centre in north Tehran, was closed after 45 years of use for evangelism and
          pastoral training.
          248. Rev. Mehdi Dibaj, a convert from Islam to Christianity more than 25 years
          ago, has been imprisoned and reportedly tortured for eight years. It was said
          that two of his eight years in prison were spent in solitary confinement in an
          unlighted cell measuring three feet by three feet. He was arrested in 1983 in
          the city of Babol and was held without cause until the Church paid
        
          
          E/CN. 4/1993/41
          page 45
          20,000 Rials as security for his temporary release. Shortly thereafter, he
          was again arrested and allegedly tortured in attempts to force him to renounce
          Christianity and embrace Islam.
          249. It has been reported that of 15 pastors of the Assemblies of God of Iran,
          of which many of their members are Armenians and Assyrians, 10 have been
          imprisoned and endured emotional and mental abuse at some time.
          250. It was also reported that in 1991, 20,000 copies of the New Testament, in
          Persian, were confiscated by the Government.
          251. It has been reported that all Christian activities are checked by the
          Ministry of Culture and Islamic Guidance, which is responsible for religious
          minorities in the Islamic Republic of Iran. Christians must receive
          permission to print their church newsletters and are not allowed to build new
          church buildings. They are only allowed to renovate old church buildings
          provided they do not add any new construction.
          252. It has been reported that Armenian and Assyrian Christians are not
          allowed to pray or read their sacred books out loud at home or in churches,
          lest Muslims hear their prayers; they are not allowed to print their religious
          books or sell them in public places and markets and they are not allowed to
          congregate in the streets during their religious festivals. Armenian and
          Assyrian Christians are not permitted to broadcast or display their ceremonial
          religious rituals on radio or television or to publish any picture of their
          religious ceremonies in newspapers and magazines and they are not allowed to
          install the cross on their churches or houses. Obtaining wine for communion
          services is severely punished and Christian schools must now teach the Islamic
          understanding of Jesus as “one of 120,000 prophets”.
          253. It has been reported that in September 1992, Iranian revolutionary
          institutions in 1sf ahan, Tehran and Yazd have confiscated a considerable
          number of private homes and other property belonging to Eaha'is. In Yazd, the
          Imam Khomeini Foundation seized the homes of Eaha'is and harassed the
          occupants. These occupations were carried out without any official order from
          the ludicial authorities. Appeals and complaints to the authorities have not
          succeeded in restoring the properties. In Tehran, members of the Imam
          Khomeini Foundation are occupying a complex consisting of a large shop and 10
          apartments, and two-storey residential building, against the will of the
          owner. Another member of the Eaha'i community has been forcefully evicted
          from his home after being served an order by the Attorney-General that his
          house had been confiscated.
          254. It has also been reported that another member of the Eaha'i community, a
          resident of Isfahan, who is over 80 years of age, was elected from his home in
          mid-September 1992 by several government officers who took possession of the
          building and took away all his books, numbering several thousand volumes.
          This person was not able to take anything with him and is now dependent on his
          friends. No appeal or complaint has been entertained by the authorities
          concerning his case.
        
          
          E / CN. 4 / 1993 / 4 1
          page 46
          255. Furthermore, officers of the Attorney-General of 1sf ahan have entered
          eight Baha'i homes in September 1992, taking away books, household items,
          television sets, recorders, cameras, radios and cash.
          256. It was alleged that another member of the Baha'i community of Isfahan,
          who had donated a two-storey building to a Baha'i institution before the
          Islamic Revolution, retaining tenancy for life in one apartment while renting
          out the other as his only source of income, has been pressured to vacate the
          house, and the authorities have already compelled the tenant of the other
          apartment to leave the premises as well. It was said that, according to
          Islamic and civil law, he is entitled to occupy the building for life and no
          one has the right to elect him from it.
          257. It has been reported that a dispatch from IRNA of 5 December 1992 stated
          that “Bahaism, with politically-oriented oblectives, has always been supported
          by international Zionism and global arrogance”.
          L. The events of 5 April 1992
          258. After the memorandum dated 25 September 1992 was sent to the Government
          of the Islamic Republic of Iran, the Special Representative was informed that
          at 7.20 a.m. 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 Iran National Liberation Army of the People's Molahedin. 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.
          259. 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
          Molahedin denied that version, affirming that they had no access to the said
          Iranian zone from Iraq since the Iraqi zone adlacent to that section of the
          frontier was under the control of Kurdish forces, and that the real oblective
          of the air attack was to assassinate their leader Massoud Ralavi, who had been
          the victim of an earlier attack in Baghdad, in December 1991.
          M. The war on drug traffic
          260. 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, heroin 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 ludicial 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
        
          
          E/CN. 4/1993/41
          page 47
          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.
          N. The right to leave one's country and to return
          261. subsequent to his interim report to the General Assembly, the special
          Representative transmitted to the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva, by letter dated
          23 December 1992, the following allegations.
          262. It has been reported that on 16 october 1992, Mullah Ahmad Jannati,
          delivering the Tehran Friday prayer sermon, criticized the return of “foreign
          educated Iranians as well as Iranian businessmen whose behaviour and
          indifference to revolutionary values could not be tolerated”.
          263. On 28 August 1992, Mr. saeid shafizadeh went back to Iran to visit his
          grandparents. Before he left the airport, he was reportedly stopped by
          Iranian authorities and asked to sign a paper renouncing his Baha'i faith. It
          was said that he refused to do this and was detained at the airport for
          several hours. Later, he was released in the custody of his uncle, who is a
          Muslim.
          0. The situation of children
          264. In the same memorandum dated 23 December 1992, the special Representative
          also transmitted to the Government of the Islamic Republic of Iran, the
          following allegations.
          265. On 26 October 1992, Kavhan reported that 12 to 13-year-old children are
          working in factories near Tehran. salam of 8 september 1992 reported that “A
          huge number of youngsters and children work the night shifts in various
          production units in the Plasco Building in Tehran for 2,000 toumans a week”.
          266. On 14 December 1992, the secretary-General of the Imam Khomeini's Relief
          Committee stated that “Due to extreme poverty and the absence of the basic
          needs for marriage, the deprived people living in Khorassan's northern areas
          sell their young daughters for up to 10,000 toumans. The buyers of these
          young girls mostly come from the Gonbad area, and take them there to work in
          the farms and workshops after being bought”.
          267. Kavhan of 21 October 1992 reported that 40 girls and boys were arrested
          by officers of the Department to Combat social Corruption of the North Tehran
          security District.
          p. situation of refugees
          268. The special Representative has received reports that there are at
          present 2.1 million refugees in the Islamic Republic of Iran; of these at
          least 2 million are of Afghan nationality and about 100,000 are Kurds and
          shi'ites of Iraqi nationality. Most of the Afghan refugees have integrated
        
          
          E / CN. 4 / 1993 / 4 1
          page 48
          within the civil and economic life of the country, although about 300,000 are
          living in small settlements in rural areas which have sprung up along the
          frontier with Afghanistan. In August 1992, between 1,500 and 2,000 Afghan
          refugees were returning to their country every day, under the supervision of
          the Office of the United Nations High Commissioner for Refugees (UNHCR) . It
          is estimated that a further million will return in the course of 1993.
          269. The Islamic Republic of Iran has also received Iraqi refugees of Kurdish
          origin, who entered the country mainly in 1988 and 1991. According to reports
          received, the refugees of Kurdish origin, are also returning to Iraqi
          Kurdistan, although their return is hampered by the fact that the roads are
          blocked by snow during most of the winter. At present there are still about
          60,000 Iraqi Kurds, who are mostly living in refugee camps in the north-west
          of the country.
          270. The refugee population also includes some 40,000 Iraqi nationals of the
          Shi'ite Muslim religion who fled the disturbances in the south of Iraq
          following the Gulf war and are settled mainly in the south-west of the
          country.
          271. According to reports received, the Afghan refugees have been authorized
          to undertake a small number of lobs, mainly in the construction sector; they
          enjoy a number of social benefits in the areas of health and hygiene, water
          supply, education and occupational training, provided by the Government of
          Iran and UOEiCR. The World Food Programme (WFP) has also assisted the
          300,000 Afghan refugees living in small settlements in rural areas; their
          situation presents no malor problems, although there are incipient signs of
          relection by the local population similar to that suffered by groups of
          foreigners living in other countries, and some refugees are having difficulty
          in enroling their children in schools.
          272. The efforts of the Government of the Islamic Republic of Iran to care for
          the refugees of Iraqi nationality, both Kurds and Shi'ite Muslims, have also
          been supplemented by assistance from UNHCR and WFP.
          Q. Victims of chemical-weapon attacks
          273. The Special Representative continued to receive general information about
          the state of the victims of chemical-weapon attacks during the Iran-Iraq war,
          many of whom are receiving medical treatment in the Islamic Republic of Iran
          and abroad. According to the reports received, the chemical-weapon attacks
          occurred on 17 October 1981 and 25 June 1990, and were systematic in 1985;
          they mainly affected Iranian towns near the frontier with Iraq, especially
          Halabche, Abadan, Marivan, Bane, Sumar and Jofeir. The main weapons used were
          nerve gas, mustard gas, phosphoric gas, cyanide, nausea-producing gas and
          poison gas; they were fired from aeroplanes, helicopters and mortars. The
          attacks are reported to have resulted in the death of 7,065 persons and the
          wounding of a further 46,552, about half of whom are suffering from various
          degrees of disability.
          274. The victims of the chemical-weapon attacks were both civilian and
          military. Most of the deaths were due to the effects of the poison gas and
          many others to the effects of mustard gas. Some survivors are currently
        
          
          E/CN. 4/1993/41
          page 49
          receiving medical treatment for lymphomas, tumors, leukaemia and anaemia, in
          various degrees. The genetic consequences have not yet been clearly
          determined.
          III. CONSIDERATIONS AND OBSERVATIONS
          A. General considerations
          275. As stated in the introduction to this report, the Commission on Human
          Rights, through its resolution 1992/67 of 4 March 1992, extended for a further
          year the mandate of the Special Representative on the situation of human
          rights and fundamental freedoms in the Islamic Republic of Iran, reiterating
          the terms of its resolution 1984/54 of 14 March 1984, the first relating to
          this country. The Commission requested the Special Representative to submit
          an interim report to the General Assembly and a final report to the Commission
          at its forty-ninth session. The Special Representative submitted to the
          General Assembly his report (A/47/617) , which is an integral and fundamental
          part of the present final report. On 18 December 1992, the General Assembly
          adopted resolution 47/146, in which, inter alia , it expressed its deep concern
          at the continuing reports of human rights violations in the Islamic Republic
          of Iran, urged the Government of that country to resume its cooperation with
          the Special Representative and decided to continue consideration of the
          question at its forty-eighth session.
          276. The interim report summarized the information received in 1992 up to the
          time of writing, i.e. late September. During the last few months of 1992 and
          the first three weeks of January 1993, further information has been obtained
          and this is set out in chapter II of the present report containing
          developments and allegations. The new data have been classified in the
          customary manner.
          277. On 25 September and 23 December 1992, the Special Representative sent to
          the Government of the Islamic Republic of Iran a summary of the allegations
          received and requested it to send him detailed replies. The Iranian
          Government replied to the first memorandum on 24 November 1992 and announced
          that it would reply to the second in late January 1993. The second reply was
          in fact received on 29 January 1993.
          278. Included in the note containing the Iranian Government's reply is the
          following passage:
          “You will concur that preparation of replies and comments to issues
          raised in the memorandum annexed to your letter dated 25 September 1992
          requires correspondence with various branches of our departments in the
          Government and thus will require more than four weeks. Nevertheless, in
          continuation of our cooperation, I am enclosing a compilation of replies
          to your questions and comments to your statements. Responses to the
          remaining questions will be presented in a more appropriate time”
          (see para. 12) .
          279. The replies to the first memorandum have been incorporated in chapter II
          of the present report, and have been inserted according to subiect and case,
          so that they appear immediately after the allegations made. The replies to
        
          
          E / CN. 4 / 1993 / 4 1
          page 50
          the second memorandum did not arrive in time to be incorporated in the main
          body of the report, but they do appear in an addendum to this document.
          280. outlined below are some of the most significant developments for an
          evaluation of the effective existence of human rights and fundamental freedoms
          in the Islamic Republic of Iran, followed by a few comments. The fact that a
          few developments have been highlighted does not detract from the importance of
          other developments mentioned in the preceding chapter, since all the
          developments together constitute the direct background to the observations and
          conclusions set out in the final report. The present chapter should be read
          and analysed in relation to chapter IV of the interim report (A/47/617) , since
          they complement one another and constitute a single whole.
          B. The right to life
          281. By the end of 1992, 301 judicial executions had been recorded. Of
          these, 164 may be attributed to political causes. Among the persons executed
          are members of the following organizations: People's Mojahedin Organization
          of Iran; Kurdistan Democratic Party; Komala; Fedahin, and various groups from
          Baluchistan.
          282. shortly after the demonstrations of April and May 1992 in Mashhad, shiraz
          and other cities, no less than 8 participants were executed and a further
          10 sentenced to death; they are awaiting execution of the sentences.
          On 18 March 1992, Mr. Bahman samandari, a member of a prominent Baha'i family,
          was executed. In september, two members of the same community, who had been
          interviewed by the special Representative during his third visit to the
          country, were sentenced to death. It is reported that other persons have been
          sentenced to death and are awaiting execution on as yet unspecified dates.
          Mr. Bahman Qahramani is still missing after being arrested for political
          reasons (see para. 101) . In 1993, the death sentence against salman Rushdie
          was confirmed and the reward for his killing was increased, with consequent
          international tension and controversy, which has on occasion taken violent
          forms.
          283. On 1 November 1992 a woman was stoned to death in Isfahan. This form of
          execution also constitutes torture and is inadmissible under the international
          standards and the resolutions and declarations of competent organs of the
          United Nations. This and other similar cases which have been recorded earlier
          form part of the list of complaints by non-governmental organizations (NGO5) .
          284. Many of these executions were reported in Iranian media, but news of
          others has been collected from various non-governmental sources. It is stated
          that the Iranian press has departed from the practice it followed during 1991
          and does not now report all executions, especially when they take place in
          provincial cities.
          285. According to the data received, at least 117 of these executions
          concerned drug traffickers. When drug traffickers are involved, the names of
          the persons executed are generally published. In the case of political
          off ences, the executions are sometimes reported, without names.
        
          
          E/CN. 4/1993/41
          page 51
          286. Although the death penalty has been imposed on drug traffickers for
          several years, the problem continues to be as acute as when this repressive
          policy was adopted. The negative result clearly indicates that the death
          penalty is not the appropriate means of combating this type of crime. Until
          such time as alternative policies excluding the death penalty are adopted and
          the necessary international cooperation is forthcoming in the south Asia
          region, violations of the International Covenant on Civil and Political Rights
          will probably continue to accumulate, and it will not be possible to eradicate
          the evil targeted, through means which, historically, have proved very
          ineffective.
          C. Torture and other cruel, inhuman or degrading treatment or punishment
          287. Indications have been received of cases of cruel treatment of prisoners
          who refuse to submit to the demands of prison authorities or do not confess
          what public officials consider to be the truth.
          288. Attention should be drawn to what has been happening in prison to
          Mr. Armir Entezam, Deputy Prime Minister and spokesman of the First
          Provisional Government which replaced the monarchy. Mr. Entezam's situation
          remains dramatic, not to say tragic. Apart from the long years he has spent
          in prison, his solitary confinement, the ill-treatment he has received and his
          inability to communicate with his family, he is seriously ill. It has been
          possible to document this case and to receive recent reports describing his
          suffering and state of despair (see annex II) .
          289. The Special Representative has learnt of a recent case of torture
          consisting of a beating for refusing to obey the orders of the prison
          authority. The prisoner in question was tortured several times, taken to
          hospital, brought back to prison and finally given a beating in September 1992
          after he had refused to sign a letter in which he accepted the charges that
          had been levelled against him for several years. In addition, the sending of
          information on human rights violations to international organizations has been
          regarded as espionage.
          290. Amputation and flogging are punishments prohibited under the
          international standards, because they constitute torture. Very recently, five
          thieves had fingers amputated. This penalty was carried out in public, in
          Sari (province of Mazandaran) , in the presence of judges, administrative
          officials and hundreds of onlookers (see para. 121) .
          291. The penalty of flogging has frequently been imposed in 1992. Among a
          number of cases attention should be drawn to the flogging of about 248 people
          in the province of Kirmanshah on charges of the unlawful relations,
          drunkenness and other misdemeanours. As part of a recent campaign to ensure
          strict compliance with the rules of dress for women, flogging has again been
          imposed in several cases.
          D. The guarantees of due process of law
          292. The trials which have led to imposition of the death penalty have been
          held without complying with the guarantees of due process of law as
          established by the relevant international instruments. The trials held by the
        
          
          E / CN. 4 / 1993 / 4 1
          page 52
          Islamic revolutionary courts are of a summary nature and take place in camera,
          generally inside prisons, to which relatives, reporters and the public do not
          have free access. A trial in camera should be the exception, when certain
          moral or private interests have to be protected; the general rule should be
          public and open trials. Despite the numerous statements made and repeated
          promises, the trend is in the other direction: the exception has become the
          general rule. There are continuing reports that defendants do not enjoy the
          right of presumption of innocence, to submit evidence and summon witnesses in
          their favour, to exercise remedies in the course of the trial, and to lodge
          appeals and applications for reconsideration.
          293. The adverse effects of the lack of a genuinely independent bar
          association continue to be felt; such an association would supervise the
          professional conduct of its members, serve as a bulwark against any attempt to
          impede professional activity, and provide support of all kinds in overcoming
          the intimidatory practices of certain authorities and their officials.
          294. An Act of Parliament, confirmed by the Council for the Determination of
          Exigencies, introduced the obligatory assistance of an attorney ( Vakil ) , but
          not necessarily that of an attorney at law ( Vakil-e-Dadgostari ) . The defence
          is a very technical task which cannot and must not simply be left to persons
          of good will who are not professionally qualified. The Special
          Representative's criticisms on this point have given rise to local controversy
          and public rebuttals by officials; however, he cannot omit to repeat that
          criminal trials relating to drug trafficking, espionage and political offences
          are held without the assistance of a qualified lawyer and without the
          guarantees of due process of law as established by the relevant international
          instruments.
          E. The right to security
          295. Previous reports have indicated that independent citizens feel concerned
          because they are unable to foresee the reactions of the authorities to
          situations of tension or public disturbance. The recent case of the
          demonstrations in Mashhad, Shiraz and other cities has been eloquent in this
          respect. What began as a demonstration over municipal matters blew up into a
          major event because the authorities were not prepared to restore order through
          the use of non-lethal instruments. As a result, there were fatalities, other
          casualties, hundreds of arrests, death sentences, prison sentences and
          sentences to flogging. According to the official news agency IRNA, the orders
          of the higher authority were categorical: “Seek out the troublemakers and
          destroy them like weeds”.
          F. Freedom of expression. opinion and the press
          296. On 27 July 1992, the Tehran Times newspaper complained in its editorial
          that 13 years after the Revolution the establishment of a journalists' trade
          union had still not been authorized, whereas other professional groups had
          achieved their legalization.
          297. It is generally acknowledged that the media practise self-censorship with
          the aim of averting problems with the authorities. The arrest and prosecution
          of 9 of the 90 signatories of a public letter calling on the authorities to
        
          
          E/CN. 4/1993/41
          page 53
          comply with the guarantees established by the Constitution and to carry out a
          change in economic policy have had long-term consequences, because they have
          led to the withholding of criticisms by the media.
          298. In the course of 1992, publication of the sports magazine Farad was
          banned. The editor and cartoonist of this magazine were prosecuted and a mob
          burned down the magazine's offices. Two other periodicals were banned, the
          cultural weekly Donva-&-Sokhan and the women's periodical Zan-&-Roues . A mob
          also burned down the offices of Donya-&-Sokhan , whose editors were arrested.
          299. On 17 December 1992 the acquittal was announced of the journalist
          Abbas Maroufi, editor of the periodical Abrar , who had been charged with
          insulting the clergy and publishing instructions for opposing the system of
          the government.
          300. Given such confirmed reports, it may be stated that there have been no
          changes with regard to the freedoms of expression, opinion and the press, and
          that, as far as these freedoms are concerned, the situation is the same as
          that described by the Special Representative in earlier reports.
          G. Right of association
          301. On 10 July 1992, the competent Iranian authority decided to refuse the
          application for legalization of the Freedom Movement (Nehzat-e-Azadi) . This
          decision was notified to the applicants for legal authorization on
          9 August 1992. Furthermore, in several cities throughout the country members
          of this association were telephoned and given a first and last warning that,
          if they continued to engage in organization and propaganda activities in
          support of the association, they would be punished with extreme severity.
          302. In view of the official decision, the Movement immediately went into
          recess. It will be recalled that previous reports have highlighted the
          question of the independent associations and political parties, the
          difficulties they have encountered in securing legalization, and the official
          statements that only legal procedures and formalities were involved, and that
          no obstacles were placed in the way of the legalization of independent
          organizations provided they accepted the constitutional bases of the Islamic
          Republic. However, it was well known that authorization of the Movement and
          other similar associations was being delayed. Now, legal authorization has
          suddenly been refused and it has been banned. No further grounds are required
          for stating that freedom of association remains in limbo.
          H. Suspension of the activities of the International Committee
          of the Red Cross (ICRC )
          303. In the interim report submitted to the General Assembly (A/47/617) , full
          information was given on the suspension of ICRC activities in Iran and the
          expulsion of its delegates. The prison visits, conducted in accordance with
          the agreement concluded between ICRC and the Government, began on
          22 January 1992 in the provinces. On 21 March 1992, the Government instructed
          ICRC to cease all operations in Iran and expelled its 15 members who had been
          in the country.
        
          
          E / CN. 4 / 1993 / 4 1
          page 54
          304. In the reply to the first memorandum sent to it by the Special
          Representative, the Government of Iran stated:
          “Considering the situation that has developed regarding the status of the
          office of ICRC in Tehran, unfortunately, the normal activities of this
          office have been suspended. Nevertheless, in cases of finding a
          practical mechanism for the continuation of the said Committee's
          activities, the Islamic Republic of Iran is prepared to review the
          matter, even prior to the removal of the obstacles concerning the
          initiation of the activities of the Red Cross office in Tehran” (see
          para. 170).
          305. From this statement it would appear that, even before permitting the
          reopening of an ICRC office in Tehran, the Government might consider practical
          mechanisms for dealing with and solving specific cases. This could be a by no
          means negligible first step, but the prison visits will undoubtedly require
          the full operation of ICRC in Iran and compliance with the agreement signed by
          ICRC and the Government in November 1991. As at the time of drafting the
          present report, ICRC has not been able to resume its activities in Iran.
          306. The Special Representative repeats that the visits by ICRC to Iranian
          prisons are an important factor in ensuring that the prison regime is in
          conformity with international standards. The private, confidential and
          periodic interviews with prisoners and access to all detainees, without
          exception, by delegates from an institution with the prestige of ICRC are
          important means of ensuring respect for the human rights of those who have
          been deprived of their freedom.
          307. On the question of prisoners of war, on 27 December 1992 the Iranian
          Government announced that there were no more Iraqi prisoners of war in Iranian
          territory. The Iranian Red Cross issued a communiqu& to the same effect. It
          was explained that the prisoners still held had been released and had refused
          to return to their country.
          I. Religious freedom and situation of the Baha'is
          308. In 1992 there were reports of several restrictions on the religious
          freedom of Christian groups and followers of Zoroastrianism. Chapter II of
          this report containing developments and allegations describes the situation of
          these sectors of the Iranian population. Attention should be drawn to,
          inter alia , the closure of the Iranian Bible Society, which has not been
          revoked, the continued imprisonment of Reverend Mehdi Dibaj and the
          prohibition of a number of public manifestations of Christian worship.
          309. As regards followers of the Baha'i faith, there have been numerous
          confirmed and documented cases of harassment, arbitrary detention,
          confiscation of property, expulsion from the home and discrimination in
          general. As has been pointed out in the part of this report relating to
          developments, 1992 has seen two Baha'is sentenced to death because of their
          religious faith; at least one member of this community has been executed
          during the year.
        
          
          E/CN. 4/1993/41
          page 55
          310. After the cut-off date for the receipt of information and after
          completion of the relevant memoranda, reliable information was obtained about
          a circular issued by the Supreme Revolutionary Cultural Council on 25 February
          1991 about the Baha'is. The main guidelines contained in the circular,
          established in order to inform all authorities about the policy to be followed
          concerning practitioners of the Baha'i faith, are set out below:
          (a) With regard to the general condition of Baha'is, the following
          guidelines are hereby adopted: (i) they shall not be expelled from the
          country without reason; (ii) they shall not be detained, imprisoned or
          punished without reason; (iii) the Government's treatment of them shall be
          such that their progress and development shall be blocked;
          (b) With regard to their educational and cultural situation, the
          following directions are hereby adopted: (i) they may be enrolled in schools
          provided that they do not identify themselves as Baha'is, but they shall if
          possible be assigned to schools with a strong religious ideology; (ii) when a
          student is known to be a Baha'i, he shall be expelled from university, either
          during the admission process or in the course of the academic year;
          (iii) their political activities, “including espionage”, shall be countered
          by means of the relevant official policies and laws, and their religious
          activities and teaching shall be confronted by means of other religious
          activities and teaching, cultural responses and propaganda; (iv) the
          propaganda institutions, such as the Islamic Propaganda Organization, shall
          establish special sections to counter the religious activities and teachings
          of the Baha'is; (v) a plan shall be formulated to combat and destroy the
          cultural roots which this group has outside the country;
          (c) As regards their legal and social position, the following
          guidelines are hereby adopted: (i) they shall be permitted to lead a modest
          life similar to that of the population in general; (ii) to the extent that
          this does not constitute encouragement for them to persist in their status as
          Baha'is, they shall be allowed the normal means to live like all other Iranian
          citizens, such as ration books, passports, death certificates and work
          permits; (iii) employment shall be refused to persons identifying themselves
          as Baha'is; (iv) they shall also be denied positions of influence, for example
          in the education sector.
          311. The above-mentioned guidelines have some slightly positive elements, in
          particular when they refer to the general status of this group and the
          granting of work permits, ration books and passports. But it must be observed
          that one rule limits all the others, namely, that which provides that the
          progress and development of the Baha'is shall be blocked. It should also be
          noted that, pursuant to this rule, university studies are beyond their reach
          and they are denied access to public office.
          3. Situation of women
          312. Women are forbidden to study engineering, agriculture, mining and
          metallurgy, and they are not allowed to become magistrates. They are excluded
          from 91 specific fields of study at the university level, from 55 fields in
          the area of technology and 7 in natural sciences. On the arts side, women
          have access to only 10 out of 35 fields of study.
        
          
          E / CN. 4 / 1993 / 4 1
          page 56
          313. In order to work and in order to travel abroad, women require the
          permission of their husbands. If they inherit property, its value is reduced
          to half of that received by men. In 1992 there have been campaigns for the
          strict observance of the rules on women's dress. Women have been arrested on
          charges of not complying with these rules. The arrests took place in the
          course of searches and checks in public places, but also in private firms and
          clinics. Many of the women arrested were released after signing a document
          promising that in future they would comply scrupulously with the rules, but
          others were given severe punishments, including flogging.
          K. Clemency measures
          314. In April 108 persons were amnestied, including 8 signatories of the
          Charter out of the 90 who were members of the Freedom Movement. In July and
          September it was announced that amnesties had been granted to about
          3,000 prisoners. Some had their sentences reduced and others were released.
          This amnesty included 53 members of the clergy. On 15 December 1991, it was
          announced that 76 women had had their penalties reduced or had been released.
          L. The problem of the refugees
          315. In 1992, numerous Afghan refugees returned to their country, mainly those
          from provinces bordering Iran. Some 1,500 to 2,000 refugees are still
          returning to their country every day, with the assistance of the Office of the
          United Nations High Commissioner for Refugees (UNHCR) .
          316. A seminar held in Tehran from 20 to 23 July 1992, with the participation
          of UOEiCR and numerous international NGOs, provided an opportunity of studying
          the refugee problem in depth. It was apparent that the NGOs had little
          information on the serious problem which has confronted Iran as a result of
          the massive influx of refugees not only from Afghanistan but also from Iraq,
          most of the latter being Kurds and Shi'ite Muslims. In resolutions the
          participants decided that that seminar should have a follow-up and not remain
          a one-off event.
          317. The task of repatriating 2.1 million persons is gigantic, and the
          refugees need assistance in order to resettle in their country of origin. The
          Afghan refugees have not been concentrated in camps but have lived freely in
          the country and have earned their living by working mainly in the construction
          sector. The Islamic Republic of Iran has responded positively to the problem
          created by the refugees from neighbouring countries.
          IV. CONCLUSIONS
          318. The Government of the Islamic Republic of Iran has emphasized that, in
          its opinion, there has been an improvement with regard to enjoyment of, and
          respect for, human rights within the international guidelines and has
          attributed the main problem in this area to the differences of interpretation
          of the international standards and to problems of cultural distances and
          differences which give rise to differing evaluations of the same facts.
          319. On the question of the structure and organization of the systems for
          supervision of compliance with the international human rights instruments, the
        
          
          E/CN. 4/1993/41
          page 57
          Special Representative again feels obliged to point out that regional and
          national developments must be fully consistent, and maintain continuity, with
          the system lawfully established by the United Nations, and that no such
          development is admissible if it runs counter to, or deviates from the
          international order. In the event of such a discrepancy, the regional and
          national systems must conform to the international system.
          320. In conformity with the international instruments in force to which it is
          a party, the Government of the Islamic Republic of Iran is obliged to bring
          its legal system, and in particular its judicial and prison system, into line
          with the international standards which it has endorsed and ratified and which
          are accordingly binding on it with its full consent. The international system
          of protection and promotion of human rights is not imposed on any country from
          without, by dint of forces alien to the State will. On the contrary, it is a
          negotiated and agreed system, both in its general precepts, and in
          applications of those precepts.
          321. United Nations supervision is based on the Charter, to which the Member
          States have given their consent, and on developments of the Charter, which the
          Member States have also accepted. Anything which States consider should be
          the subject of international legal reform should be taken up through the
          procedures established within the international organizations.
          322. On the specific question of the current situation of human rights in
          Iran, it should be mentioned that: there is continued uncertainty about the
          official reaction to dissidence; self-censorship is widespread in the media;
          several guarantees of due process are still merely the letter of the law or
          the subject of proposed legislation; the right of free association has been
          denied, with the express banning of the Freedom Movement; the International
          Committee of the Red Cross continues to be prevented from performing its
          function in the prisons; the restrictions on non-Islamic religious groups are
          manifold; and the situation of women leaves much to be desired.
          323. Furthermore, with regard to the right to life, the number of judicial
          executions continues greatly to exceed the very restrictive terms of the
          International Covenant on Civil and Political Rights and there have been cases
          of torture and cruel, inhuman or degrading treatment or punishment. The
          guarantees of due process and legal defence by means of a qualified lawyer are
          not complied with in trials before the Islamic revolutionary courts; this is
          serious and irreversible when these trials result in the defendants being
          sentenced to death or amputation.
          324. International supervision is contributing, albeit sometimes in limited
          terms and to a relatively modest extent, to the protection of human rights in
          the country under supervision. Inherent in the foregoing conclusions is the
          implication that, in the opinion of the Special Representative, international
          supervision of the situation of fundamental rights and fundamental freedoms in
          the Islamic Republic of Iran should be continued.
        
          
          E / CN. 4 / 1993 / 4 1
          page 58
          V. RECOMMENDATIONS
          325. In accordance with the conclusions reached above, an urgent appeal should
          be made to the Iranian Government to implement fully, consistently and without
          exception the international standards in force in the area of human rights and
          fundamental freedoms.
          326. Particular emphasis should be placed on the urgent need drastically to
          reduce the number of executions, and to ensure that the few death sentences
          handed down in the future are the result of trials in which the guarantees of
          due process of law have been scrupulously, verifiably and publicly applied.
          327. An urgent appeal should be made to the Iranian authorities to implement
          the agreement concluded with ICRC in November 1991 concerning the visiting of
          prisons and prisoners without distinctions between ordinary of fences and
          political offences.
          328. Recognizing that the Government of the Islamic Republic of Iran has
          responded to several of the allegations that have been communicated to it, it
          should be asked to resume a policy of full cooperation with the Commission on
          Human Rights and, in particular, the Commission's Special Representative.
          329. It should be stated that the Special Representative's three visits to
          Iran have helped to give a clearer picture of the situation prevailing in the
          country with regard to human rights. Now that over a year has elapsed since
          the most recent visit, a fourth visit would appear advisable.
        
          
          E/CN. 4/1993/41
          page 59
          Annex I
          LIST OF PRISONERS PRESENTED TO THE GOVERNMENT OF THE
          ISLAMIC REPUBLIC OF IRAN BY THE SPECIAL REPRESENTATIVE
          IN A MEMORANDUM DATED 25 SEPTEMBER 1992
          The Special Representative requests information from the Government
          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 Afshari-Rad, 27 years old, single, is being held in the
          prison of Zanian 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 Zanian. He was arrested on 7 October 1991.
          5. Mr. Faramarz Ahmadian was reportedly arrested on political charges. The
          place of detention is unknown.
          6. Mr. Reham Bahram Ahmed, 33 years old, a citizen of Iraq, son of
          Bahram 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 Zanian 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 Zanian 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
          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.
        
          
          E / CN. 4 / 1993 / 4 1
          page 60
          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 Eahramy, 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. Mohammad Rahim Eakhtiari, 41 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 Earariy was reportedly arrested on political charges. His
          place of detention is unknown.
          16. Mr. Farzad Earati is said to be held in Evin prison in Tehran on
          political charges.
          17. Mr. Ibrahim Pasha or Easha, 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. Mohammad Hassan Eassidji was reportedly arrested in August 1988. His
          place of detention and current situation are unknown.
          19. Mr. Mohammad Mohssen Eassidji was reportedly arrested in August 1988.
          His place of detention and current situation are unknown.
          20. Mr. Ahmad Eastan was reportedly arrested on political charges and is
          being held in Evin prison in Tehran.
          21. Ms. Akram Eeiromwand 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. Eaghir Eorzui 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.
          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.
        
          
          E/CN. 4/1993/41
          page 61
          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. Amir 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 Tehran 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 Deiban 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.
          36. Mr. Navabali Ghaemmaghami is being held in Ghomm 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.
        
          
          E / CN. 4 / 1993 / 4 1
          page 62
          38. Ms. Narges Ghanbari, 34 years old, is a school teacher who is said to be
          held in Masied 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 Houshang 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 Ali 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-Earadaran was reportedly arrested on political
          charges and is being held in Evin prison in Tehran.
          48. Mr. Ahmad Khosrovi was reportedly arrested on political charges. His
          current situation and place of detention are unknown.
          49. Mr. Mahmoud 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.
          50. Mr. 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 Naftian was arrested in 1987 and sentenced to five years'
          imprisonment on political charges. He is reportedly in Evin prison in Tehran.
        
          
          E/CN. 4/1993/41
          page 63
          53. Mr. Norouz Naghizadeh 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. Djalil 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 Tehran. He was
          sentenced on political charges and his release was scheduled for July 1991.
          However, he continues to be held in prison; reportedly because one condition
          of his release is that he publicly denounce his past political activities.
          60. Mr. Reza Pajonhesh, former technician at Joshmanodelleh 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.
          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 as to the whereabouts of his wife (Ms. Zahra 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.
        
          
          E / CN. 4 / 1993 / 4 1
          page 64
          68. Mr. A u 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 Tehran.
          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. Maryantanou 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.
          77. Mr. Mehdi Khosh Slook, former Director of Nawafram Company, was arrested
          on political charges. His current situation and place of detention are
          unknown.
          78. Mr. Mehri Khosh Slook is being held in detention on political charges.
          His 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 Taman 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.
          82. Mr. Jamshid 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
        
          
          E/CN. 4/1993/41
          page 65
          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. Haidar 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 Ahmad 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.
          87. Mr. Farideh Mahmood 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 Iranian
          authorities by the Iraqi opposition group, the so-called Patriotic Union of
          Kurdistan (PUK) , 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.
        
          
          E / CN. 4 / 1993 / 4 1
          page 66
          Annex II
          LETTER FROM MR. ANIR ENTEZAM, FORMER VICE-PRIME MINISTER AND SPOKESMAN
          OF THE FIRST PROVISIONAL GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN,
          TO THE SPECIAL REPRESENTATIVE OF 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 explain further 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.H. 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 I, 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;
          - 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;
        
          
          E/CN. 4/1993/41
          page 67
          - 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 warm
          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 50 and 120.
          Other people being tortured:
          - Breaking of the tooth and rupture of eardrum of Taghi Rahmani;
          whipping of Ali 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 ENTEZAM
          1992