Home | English | Human Rights Documents | Aadel Collection | Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Reynaldo Galindo Pohl

Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Reynaldo Galindo Pohl

          
          UNITED
          NATIONS
          Economic
          
          Council
          and
          
          Social
          ‘
          Distr.
          GENERAL
          -
          E/CN.4/1990/24
          12 February 1990
          :
          .
          ENGLISH
          OrIginal: SPANISH/ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Forty—sixth session
          Agenda item 12
          QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
          IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND
          OTHER DEPENDENT COUNTRIES AND TERRITORIES
          Report on the human rights situation
          by h Specia1 Representative of the
          in
          Co
          the Islamic Republic of
          icsion on Human Rights ,
          Iran
          ‘
          Mr. Re ia1do Galindo
          Pohi.
          purs nt
          to
          Co ission resolution
          1989/66
          I
          BP000516
          
        
          
          E/CN.4/1990/24
          page ii
          CONTENTS
          .
          Paragraphs
          Pag ..
          INTRODUCTION
          1 — 5
          1 -
          I. CONTACTS AND COMMUNICATIONS WITH THE GOVERNMENT OF
          THE ISLANIC REPUBLIC OF IRAN
          6 — 16
          2
          II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE ...
          III. CONSIDERATION OF OFFICIAL OPINIONS RELATING TO THE
          17 — 66
          .
          6
          IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS
          S TA JDARDS
          6 7 — 78
          - 17
          IV. VISIT TO THE ISLANIC REPUBLIC OF IRAN
          79 — 230
          20
          V. CONCLUSIONS AND RECOMMENDATIONS . .....
          231 — 253
          51
          Annexes
          
        
          
          E/CN.4/1990/24
          page 1
          INTRODUCTION
          1. By its resolution 1989/66 of 8 March 1989, the Commission on Human Rights
          decided to extend the mandate of its Special Representative on the situation
          of human rights and fundamental freedoms in the Islamic Republià of Iran, as
          contained in its resolution 1984/54, for a further year, and requested the
          Special.Representative to present an interim report to the General Assembly at
          its forty—fourth session and a final report to the Commission at its
          forty—sixth session. By its decision 1989/148 of 24 May 1989, the Economic
          and Social Council endorsed that resolution.
          2. In compliance with the above—mentioned resolution, the Special
          Representative presented an interim report (A/44/620) to the General Assembly
          and herewith submits his final report to the Commission.
          3. As in previous years, the interim report concentrated on oral and written
          communications with Government officials and on complaints concerning events
          that in some way affected the human rights situation in the Islamic Republic
          of Iran and concluded with general observations. It was stated in the report
          that the final report would consider the points of view contained in the
          letters dated 26June and 12 September 1989 (A/44/620, paras. 9 and 13) and
          the officialopinions that caineto the Special Representative's attention. It
          was also indicated that, as in previous years, the interim report had been
          planned and written as the first part of the final report, owing to the
          relatively short interval between the preparation of the two reports
          (A/44/620., para. 6).
          --4 . . This final .report .refers to--the matters mentioued in..the. in-terim.report,
          updates -the events- that in some w-ay affected the human rights situation-
          the Islamic Republic of Iran, using the information that the Special
          Representative has continued to receive from October 1989 to January 1990, and
          adds a completely new chapter on the visit which the Special Representative.
          made to the Islamic Republic of Iran from 21 to 28 January 1990 atthe
          invitation of the Iranian Government.
          5. Following the established pattern, this final report is divided into the
          following chapters: Introduction; I. Contacts and communications with the
          Government-of the Islamic Republic of Iran; II. Information received by the
          Special Representative; III. Consideration Of official opinions relating to
          the implementation of international human rights standards; IV. Visit to the
          Islamic Republic of Iran; and V. Conclusions and Recommendations. As in
          previous reports, various annexes are attached containing information on
          events and complaints referred to in the main body of the report. The lists
          received have been extremely long and, at times, due to the different sources,
          have repeated the same information and it has been necessary to prepare
          consolidated lists, particularly with regard to persons executed. The lists
          that have contained only names or numbers of executions, with no mention of
          other details, have not been included. It has not been possible to include
          the lists of names of political prisoners, f or doing so would have doubled the
          number of pages of this document. The correspondence and documents received
          are so numerous and so voluminous that it has only been possible to give a
          ( brief indication of their contents. All are available in the Centre for Human
          Rights to members who wish to consult them.
          
        
          
          E/CN.411990124
          page 2
          I. CONTACTS AND COMMUNICATIONS WITH THE GOVERNMENT
          OF THE ISLANIC REPUBLIC OF IRAN
          A. Personal contacts with.Iranian representatives
          6. On 16 November 1989, the Special Representative had a long talk in
          New York with the Permanent Representative of the Islamic Republic of Iran to
          the United Nations, Ambassador KamalKharrazi, who was accompanied by members
          of the Permanent Mission. In this as in the following conversations with
          Iranian officials, the Chief of the Special Procedures Section of the Centre
          for Human Rights accompanied the Special Representative.
          7. On 16 November, the Permanent Representative requested the .Special
          Representative to include in the presentation of his interim report to the
          Third Committee of the General Assembly the statements by the Government
          reproduced below; the Special Representative granted that request. The
          statements read:
          “1. No political motivation has been involved in the trial and
          conviction of any drug trafficker;
          2.. The charge that the execution of drug traffickers has been used. as a
          pretext for political executions is totally false and all persons
          convicted for drug trafficking have been solely and exclusively ordinary
          criminals;
          3. The amnesty granted in early 1989 to some 2,500 prisoners was a
          .......... ..genuine. measure of. .. .cLernency. and all.. re4 to their
          homeS.” ... ..
          8. The same conversation dealt with the disagreement of the Government of
          the Islamic Republic of Iran with certain parts of the interim report. The
          Special Representative also repeated his recommendations for improvements in
          the human rights situation in the country, in accordance with previous reports
          and with the 1989 interim report. The Permanent Representative of the Islamic
          Republic of Iran indicated his Government's willingness to proceed in
          accordance with paragraph 125 of the interim report, which ref ers to full
          co—operation with the Special Representative, including a visit., to the.
          country, and the possibility of resuming a dialogue with the countries
          sponsoring the General Assembly resolution on this item for the purpo.se of.
          obtaining a consensus resolution.
          9. Both the 16 November talk and the extensive conversations of 21.and
          22 November, dealt with the texts of notes that the Permanent Representative
          and the Special Representative might exchange in order to pave the way for a
          possible consensus resolution. After considering several possibilities and
          discussing every word, they arrived at the texts reproduced in paragraphs 11
          to 13 of this report.
          10. In order to agree on the details of the visit to the country, the
          Special Representative sent two letters to the Permanent Representative of
          the Islamic Republic of Iran to the United Nations O Ef ice at Geneva,
          Ambassador Sirous Nasseri. On 16 January, the Special Representative received
          oral confirmation from Ambassador Nasseri that the dates 21 to 28 January were
          acceptable to his Government During that conversation, they also discussed
          
        
          
          E/CN. '4/1990/24
          page 3
          procedural details based on the terms of reference for the visit transmitted
          to the Government on 24 November 1988 (see paras. 11 and 12) and the initial
          list of interviews included in the Special Representative's letter dated
          8 January 1990. Ambassador Nasseri said that his Government would co—operate
          fully so that the visit would take place and yield positive results.
          B. Written commuziicationswith the Government of
          the Islamic Republic of Iran
          11. On 24 November 1989, the Special Representative sent the following letter
          to the Permanent Representative of the .Islamic Republic of Iran:
          “I should like to refer to the conversations we had on 16, 21 and
          22 November 1989..
          Let me express my appreciation for the constructive spirit which
          characterized our exchange of views. I have taken note with great
          - interest of your observations regarding my interim report to the
          General Assembly and, in particular, of the information you conveyed to
          me that your Government is considering to extend an invitation to me to
          visit the Islamic Republic. of. Iran. As I have repeatedly stated on
          previous occasions, .1 feel that such a visit would. be very useful as it
          would enable me to ,obtain first—hand information, on the human rights
          situation in your country and to repor,t to the Commission on Human Rights
          at its forty—sixth session in a more comprehensive way.
          If your Government were to extend suchan, invitation, my visit would
          . ‘ hav q $ conducted in the framework stablished practice
          :. observed ur.ing many similar. United Nations ..missions in the field - .of'
          human. rights in the past. In this connection, I am attaching the
          standard, terms for reference for such missions as prepared by the Centre
          for Human Rights.
          The. Centre for Human Rights would.provide you with a tentative
          programme ‘well in advance of the visit in order to enable your
          authorities to make the necessary arrangements and to complete them as
          maybe considered convenient.”
          12. The terms of reference for ‘Lhe visit, described in the annex to the
          letter, were as follows:
          “During fact—finding missions, Special Rapporteurs or
          - Representantives of:the Commission on Human Rights, as well as
          United Nations staff accompanying them, should be given the following
          guarantees and facilities by the Government who invited them to,visit
          its country:
          (1) Freedom of movement in the whole country, including
          facilitation of transport, in particular to restricted areas.
          (2) Freedom of inquiry, in particular as regards: (a) access to
          j all prisons, detention centres and places of interrogation; (b) contacts
          with central and local authorities of all branches of the. Government;
          (c) contacts with representatives of non—goverámental organizations,
          
        
          
          E/CN.4/1990/24
          page 4
          other private institutions and the media; (d) contacts with witnesses and
          other private persons considered necessary in the fulfilment of the
          mandate; (e) full access to all documentary material relevant to the
          mandate. -
          (3) Assurances by the Government that no persons, official or
          private, who have been in contact with the Special Rapporteur/
          Representative in relation to his mandate, would, for this reason, suffer
          threats, harassment or punishment or be subjected to judicial proceedings.
          (4) Appropriate security arrangements, without, however,
          restricting the freedom of movement and inquiry referred to above.
          (5) Before, during and after the visit, the Special .Rapporteur/
          Representative will be assisted by the appropriate United Nations staff,
          who must be given the same guarantees and facilities as mentioned above.”
          13. The Permanent Representative's reply, dated the same day, was as.foilows:
          “I have the honour to acknowledge the receipt of your letterand its
          enclosure dated 24 November 1989, and would like to extend to
          Your Excellency the invitation of my Government to visit the Islamic
          Republic of Iran so as to enable you to present your report to the 46th
          session of the Conmiission on Human Rights based on realities rather than
          allegations.
          My Government will extend to you its full co—operation. I also wish
          . - . . ... . --...to- . inform_.that..the-judicial. autho it.ies .of. the...Islamic .RepubU ..o , ra
          prepared to provide tbe ecessary backgro d on Isla ±c- -
          jurisprudence and the legal procedures of the Islamic Republic of Iran to
          familiarize you with the overall system. . •. :
          The exact time and procedure of your visit to the Islamic Republic
          of Iran will be finalized in consultation with you and appropriate
          members of the Secretariat.”
          14. On 22 December 1989, the Special Representative sent the following note
          to the Permanent Representative of the Islamic Republic of Iran to the
          United Nations Office at Geneva:
          “I have the honour to refer to the invitation which your Government,
          by letter from its Permanent Representative to the United Nations dated
          24 November 198.9, extended to me to visit the Islamic Republic of Iran so
          as to enable me to present a report to the Commission on Human Rights at
          its forty—sixth session. .. . .
          In expressing my sincere appreciation for your Government's
          invitation, I should like to propose that my visit take place from 16 to
          25 January 1990. I would be grateful if you could advise me whether the
          suggested dates are convenient for your Government. Upon confirmation of
          the dates, I shall provide you with a list of the United Nations staff
          which will accompany me on my visit, together with a list of requested
          appointments with Iranian officials, as well as of places which I would
          like to visit during my stay in the Islamic Republic of Iran “
          
        
          
          E/CN.Li/1990/24
          page5
          15. As the Special Representative was informed by the Permanent
          Representative that some of the officials the Special Representative wished to
          interview would not be in Tehran on the days mentioned in. the letter above,
          new dates were proposed in another communication dated 8 January 1990, which
          reads as followE:
          “Upon arrival at Geneva for consultations relating to my mandate at
          the Centre for Human Rights, I have learned that the dates 16 to
          25 January:which I proposed for my visit to the Islamic Republic -of Iran
          do not-appear to be convenient to your Government. In this connection, I
          wish to stress that, in order to enable me to report in time to the
          forty—sixth session of the Commission on Human Rights, as envisaged in
          the exchange of letters with Ambassador Kharrazi, my visit would have to
          take place in January. I therefore propose that the visit commence at
          the latest on;Saturday, 20 January 1990, for a duration of 8 or
          10 working- days.
          I would further be grateful if you could coñimunicate to the -
          competent authorities the attached initial list of appointments and
          visits -which I have prepared at the request addressed to me by you and
          your colleagues in New York. I shall not fail to inform you of my
          additional meetings or visits which in the light of my current series of
          consultations I might consider necessary or useful. It would be
          appreciated if the appointments with members of the Government -and -
          off icials could be scheduled for the morning so as to leave time in the - -
          afternoon for my meetings with private persons outside the official
          programme as well as for any other arrangements or visits which I might-
          questin the co sE. of th Yist. ; --•-- —---•—-—•—.•--
          I also wish to mention that, in accordance with usual practice, the
          arrangements for my visit concerning hotel bookings, provision of
          transport facilities and the organization of my meetings outside the
          official programme will be- taken care of by the Resident Representantive
          of UNDP in Tehran. - The expenses for these arrangements will of course be-
          borne:by the United Nations. - -
          - I am looking forward to receiving at your earliest convenience a
          confirmation of the dates for my visit and shall send you in turn the
          list, of the staff- of the Secretariat of the United Nations who will - -
          acompany me.” - - -
          16. On 2-8 January 1990, -the Special Representative sent the following letter
          to the Minister for Foreign Affairs, Mr. Ali Akbar-Velayati: -
          “Upon the completion of my visit to the Islamic Republic of Iran, I
          should like to express again my sincere gratitude for the invitation your
          Government extended to me in t-he framework of Commission -on Human Rights - -
          resolutions 1984/54 ,and 1989/66 and for the arrangements made during my'
          stay in your country. -
          The meetings your Ministry kindly arranged for me with many
          distinguished representatives of the executive, judicial and legislative
          branches of your Government have been most useful and have given me an
          invaluable insight into the Islamic principles by which your country's
          
        
          
          E/CN.4/1990124
          page 6
          legal system is inspired. The information I could gather( in the meetings
          as well as in the many other contacts and conversations I'had during my
          visit will greatly assist me in preparing my report to the forthcoming
          session of the Commission on Human Rights.
          I have had occasion during my visit to express my deep concern over
          the continuing high number of death sentences pronounced in particular by
          the Islamic Revolution Courts and should like to appeal to your
          Government to consider granting clemency to as many convicted persons as
          possible; and in cases in which death sentences cannot be commuted to
          make sure that all safeguards stipulated in the International Covenant on
          Civil and PoliticaLRights, particularly in its article 14, have been
          fully respected in the preceding trials.
          Permit me finally to request your kind intervention with the
          competent authorities in the case of Eng. Amir Entezain, presently
          detained at Evin prison, whose critical health situation urgently
          requires adequate medical treatment.”
          II. INFORNATION RECEIVED BY THE SPECIAL REPRESENTATIVE
          A.. Oral information
          17. Between 8 and 19 January 1989, the Special Representative heard further
          witnesses in connection with the human rights situation in the Islamic
          Republic of Iran; some of them ref erred to developments that differed from
          those recorded in the statements which were heard on 10, 12, 13 and
          17 July 1989 and were described in detail—in- the interim report (A/44/620,
          paras. 17—57). . - -
          1. Substitute imprisonment
          18. On 9 January, the Special Representative heard testimony by persons who
          requested that their identity should not be revealed for reasons of personal
          safety. The first witness stated that she had been held for eight years in
          Evin prison and accused of conspiring with her husband and her brother, who
          belonged to the People's Mojahedin Organization. Her husband, brother and
          bràther—in—law were executed in 1983. After she had been in prison for
          three years, she underwent a. trial which.lasted about three minutes. As she
          had been pregnant at the time of her arrest, she was allowed to give birth to
          her daughter outside the prison, but after the birth she was taken back to
          prison with her baby. Because her health was poor, particularly her mental
          health, she was sent to a mountain area, from which she was able to escape..
          Two groups tried to cross the border, but since she was still not well, her
          daughter was entrustedto a person in the second group. The members of her
          group managed to cross the border, but the persons in the other group were
          captured and her daughter. was with them. Since she had fled, her daughter
          stayed in Evin prison and is still there. She is now eight years old and is
          in section 7, cell No. 204.
          19. A former Iranian. journalist stated that he had been held in Evin and
          Ghezel—Hessar prisons from 1982 to 1985 on charges of co—operating with the
          Western press. His sister was arrested and executed in 1982 for her-links
          F
          
        
          
          E/CN.4/I99O/24
          page7
          with the People's Mojahedin, but he was and continues to be independent.
          After a five—minute trial, he was sentenced to eight years' imprisonment. As
          he managed to flee the country, his father was taken hostage and is still in
          section 6 of Evin prison without having been brought to trial.
          2. Execution of persons serving prison sentences
          20. One witness reported that her husband, a psychiatrist by profession, had
          been arrested in 1981 and shortly afterwards sentenced to several years'
          imprisonment; but she managed to get out of the country. During the time her
          husband was in prison, the relatives had to pay 20,000 rials a month to cover
          his personal expenses. The relatives were able to visit him once a month for
          a few minutes at a time. In July 1988, the visits were suspended and, at the
          end of that year, the relatives were informed of his exeàution.
          21. Another witness stated that her husband had been arrested in 1983 and,
          although it could not be proved that he had been involved in activities
          prejudicial to State security, he was sentenced. to 15 years' imprisonment for
          hisleftist political views. He was later sentenced to death. When he and
          other prisoners were being taken to the gallows, a guard told him to say a
          prayer and he said that he did not know any. The guards decided that he waè
          not worth the bullets they would have to use to shoot him and took him back to
          the prison to torture him, with the result that he had to be taken to the
          hospital, from which he was able to escape. According to this witness, living
          conditions in Evin have improved in the past few weeks. There were only four'
          prisoners to a cell, there was a small kitchen where the prisoners could cook
          and a store had been opened.
          22 '. ” Afibtherwitriessreportedirtcta tions similar tb those ref r'?êd to 'ábove
          Her husband was arrested and sentenéed to a prison term; years later, in 1988,
          her 12—year—old brother—in--law was notified, by means of a telephone call from
          a person who identified himself as an official from Evin prison, that the
          prisoner had been executed.
          3. Trials by Islamic Revolution Courts
          23. The witness MohamiBad Reza described his experience before a revolutionary
          court and in prison while he was being interrogated and later while he was
          serving a life sentence. Fifteen members of his family were executed but ‘he
          managed to escape while being transferred from Evin to another detention
          centre. He said that the revolutionary courts are divided into 13 sections,
          each with its own prosecutor. The sections specialize in specific charges and
          off ences; some deal with the Mojahedin, others with communists and leftists in
          general, and still others with religious offences, including dissent from
          Islam. According to the witness, sections 6 and 7 are particularly f eared
          because the sentence they invariably pronounce is death. The witness also
          stated that drugs were used during interrogations and that he knew this ‘ .•
          because a cousin of his was interrogated while under the influence of a gas'.
          4. Sentencing of a group of women to death
          24. The Special Representative received information that 13 women prisoners
          had been sentenced to death and might be executed within the next few days or
          weeks. A committee set up to defend them was represented by three persons,
          who stated that any prisoners who might be released could be given asylum in
          
        
          
          E/CN.4/1990/24
          page 8
          Berlin, according to a letter signed by the mayor of that city. The Ministry
          of the Interior of the Federal Republic of Germany had reportedly also stated
          that it was prepared to grant them asylum. With the consent of their
          families, the names of eight of the women sentenced to death are given below:
          Zohreh Gaheni, Soraya Kiani, Dr. Mitra Ameli, Fatemeh Houssenzadeh—Tussi
          Maghadam, Fatemeh Izadi, Nahid Bourudiahi, Gutti Azarang and Malakeh Mohammed.
          5. Reciuèst for information on a missing person
          6. Testimonies conce ing terrorism
          25. Mr. Claude Esbert, a French national, appeared before the
          Special Representative.on 8 January to describe the case of his daughter,
          Annie, a French nurse, and to request assistance in obtaining information on.
          her whereabouts Her husband, an Iranian citizen, joined the forces which
          invaded the Islamic Republic of Iran in July 1988. As far as Mr. Esbert has
          been able to find out, his daughter joined a group of Iranian civilian nurses
          as a volunteer and accompanied the July 1988 insurgent expedition. The
          ambulance in which she was travelling was immobilized by artillery fire in, the
          Islamabad—Garb—Kermanshah region An Iranian newspaper reported that a French
          nurse had been wounded and arrested. Mr. Esbert has requested assistance from
          the Red Cross and the French Government but has been unable to obtain definite
          information about what happened to his daughter. He has also been in contact
          with the Iranian Embassy in Paris, where he was told that what might have
          happened is that his daughter died during an air raid. He wants to be told
          whether his daughter is alive or dead and, if she is dead, where she is
          buried. . .
          26 The Society for- the Protection of Victims of Terrorism, d scribed as a
          non—governmental organization with headquarters in the Islamic Republic of
          Iran, was represented by Mr Saide Henati, who said that three of the persons
          accompanying him were members of the organization but were all ordinary
          citizens, without any official responsibility or public office, and were
          travelling on their own account, with some assistance from the organization.
          27. Mr. Henati stated that three of the persons accompanying him were former
          members of the Mojahedin and therefore knew the methods of operation and plans
          of that organization, which he said was of a terrorist nature. The former
          members of the Mojahedin had reflected, repented and been forgiven, and were
          peacefully reintegrated within Iranian society. Mr. Henati also made
          available several letters from victims of terrorism who had been unable to
          travel to Geneva.
          28. The seven witnesses whose statements are summarized below requested that.
          their names should nat b revealed. The first witness stated that he had
          joined the Mojahedin in the year 1357 (.1.979) and continued to belong to the
          organization until 1361 (1983). He had found the organization's pràgramme and
          publications very attractive, but after a year and a half he had begun to
          realize that the actual situation did not correspond to the programme and
          publications that had won him over and aroused his enthusiasm. His conscience
          had begun to bother him because he had committed reprehensible acts. He
          referred to the operation which he had led against an engine driver who was a
          Hezbollah (partisan of God) and in which the menhe was leading had also
          
        
          
          E/CN.4/i99O/±L -
          page9
          killed the wife and son of the main victim. The instructions he had received
          required him to ask for the identity card of any person suspected of being a
          Hezbollah and, if such a person showed a Hezbollah card or even showed no áard
          at all, he was to be executed on the spot.
          29. The second witness also stated that he had belonged to the Mojahedin
          organization, but had changed his way of thinking and was now working to help'
          the victims of terrorism. He had been responsible for supplying weapons and
          ammunition for armed groups and had risen to an impOrtant position in the
          organization. One of his responsibilities had been to give instruction to the
          young people joining these groups. They were given cyanide tablets so that,
          in the event of arrest, they could avoid torture and also keep the secrets
          they knew. In order to keep secrets, there was a man in one safe house who
          was supposed to kill his companions if the police arrived. He was finally
          arrested, tried and sentenced to imprisonment; when he was released, he was
          invited to join the Society for the Protection of Victims of Terrorism, to
          which he now belongs and whose work he regards as an important means of
          preventing other young people from following the wrong path.
          30. The third witness said that he had been in prison for seven years as a : -
          political prisoner. He joined the Mojahedin when he was a student, before the
          Revolution. Although he tended to be in favour of political struggle, he
          gradually came tà support armed struggle. He gave himself totally to the
          Mojahedin organization, moved up in the ranks, and carried out and gave orders
          without taking time to reflect on what he was doing. Since he had made a full
          confession at the time of his arrest, he was not given a lengthy sentence. He
          was released after three years, continued working with the same organization,
          and had contacts in France, Iraq and Germany. Hewasarresteda second time
          and. once again was told.• of •an sc-ape plan, •in order..-to .----
          safeguard the information he possessed, but the plan was a trap because he was
          supposed to die as he was leaving his prison. When he realized this, he
          decided to make a complete break with the Mojahedin.
          31. The fourth witness had not been a member of any organization. He
          described himself as a very religious man who had been attacked by terrorists
          in the street. He showed a piece of paper stained with his blood. According
          to his statement, some Mojahedin had tried to take his motorcycle away from
          him, but he -put up a fight. Since the motorcycle did not have much petrol
          left, the attackers came to a stop not far away; he took advantage of the
          opportunity to run and try to get his vehicle back. At that point, the
          attackers tried to steal another motorcycle. He asked them why they were
          acting in that way, a fight broke out and they fired a shot that hit him in
          the leg. Some persons helped him and stopped his attackers. One of them.
          swallowed a cyanide tablet. He submitted a.copy of the confession by the
          attacker who had been captured.
          32. The three other persons were young women who had lost their husbands or
          close relatives as a result of violence. To give evidence of the suffering of
          private citizens, they had accepte.d the invitation of the Society for -the
          Protection of Victims of Terrorism. The first woman said that. her father and
          brother had been killed by the Mojahedin Khalq. Her father had been a hard
          worker and her brother a secondary—school student. Her father had been
          working in his shop when the Mojahedin came to kill him; her brother tried to
          help him, but he was also killed. Her father and her brother .had not been
          political activitists, but had simply been supporters of the Islamic
          Government.
          
        
          
          E/CN.4/1990/24
          page 10
          33. Another witness was a widow, whose husband had been killed as he was
          leaving their home. He had not held any official position, but had been doing
          community work; the Mojahedin therefore suspected him of working for the
          Islamic Government and decided to get rid of him. She said that that
          organization had claimed responsibility for 26 deaths in her neighbourhood.
          The last witness in the group, another widow, said that her husband and son
          had been killed in their grocery store, simply because they had been devout
          Muslims and were regarded as supporters of the Islamic Government.
          B. Written information
          1. Information from individual sources
          34. During the period between the announcement of the invitation and the
          departure of the Special Representative to the Islamic Republic of Iran, some
          1,500 Iranian emigres or relatives of Iranians living abroad addresse.d
          communications to the Special Representative., Some 800 such..,communi.cations
          were writen in Persian..and.. could not be translated due to lack of time... The
          remaining 700 were written in English, French and German and the allegations
          they contain can be divided into the following categories:
          Alleged cases of executions 1,529
          Alleged cases of torture 1,450
          Alleged cases of disappearances 815
          Cases with information about prisoners
          and prisOn conditiotis' 102
          35. Many'of those :]t c t i ètáilèd ”de 'c i 'ptión OT the imprisonment
          torture and/or execution of relatives and friends. Statements made by Iranian
          emigres to the media in various countries we re also brought to the attention'
          of the Special Representative. By way of example., the contents of a few'
          letters reporting to events and situations of a more recent date ‘are
          summarized below.
          (1) Akbar Mosaferi, an Iranian air force mechanic', stated in Istanbul,
          Turkey, in August 1989 that people who had been puzzled about the
          cause of ‘a foul stench Over a piece of land near Islamabadin
          August 1988 had dug it up and disinterred the decomposed ‘remains of
          25 people who had obviously been executed. Among the dead' he had
          identified Ali Ghaffari, his former schoolmate, who he knew had been
          in prison for several years.
          (ii) Ibrahim Boorboor stated in Amsterdam, Netherlands, on 5 June 1989
          that in August 1988 30' political prisoner,s' had been transferred from
          Bandar—Azali to Rasht prison in the north of the country. Thcir
          relatives had been worr'ied about the transfer and had asked the
          prison authorities why the prisoners had been moved. The
          authorities told them that there was no cause for alarm. The
          following December the relatives received the clothing and other
          belongings of the prisoners, together with notification that they
          had been executed.
          
        
          
          E/CN.4/1990f24.
          page 11
          (iii) On 23 August 1989, Major Latif Shoostari stated in Karachi,
          Pakistan, that on 11 July 1989 15 prisoners of war freed by the
          National Liberation Army of Iran had been executed in Parandak
          Barracks, near Tehran. He further stated that Homayoun Solati,
          Sharokh Shama and Mehdi Sabeti had been falsely accused of
          drug—trafficking and executed in Tehran, the first on an unknown
          date, the second in April 198.9 and the third on 18 July 1989.
          (iv) Mr. Hamid Assadian supplied information, in a letter, about his
          wife, Farzaneh Amou'i, a former student at the School of Agriculture
          in Karaj. According to this -information, Mrs. Farzarteh Amou'i was
          arrested in June 1981 without a specific charge and tortured until a
          month prior, to the birth of her daughter. After being released
          because of the imminent birth, she was rearrested in February 1982
          and subjected to appalling sanitary conditions and given totally
          inadequate food. She then spent some time in the part of the prison
          called “maskooni”, which means “residential unit”, where she was- -
          subjected to so many different kinds of harassment that her mental
          balance and physical condition were affected. She is still in
          -. prison and is being held in extremely harsh conditions. Prison
          • governors have told her that her imprisonment is due solely to the.
          fact that she is Hamid Assadian's wife.
          (v) Mr. Bahin Bahrainian, a dentist, resident in the United States, said
          in a letter that he had obtained a residence permit for his
          75—year—oldmother, but she had not been able to make the journey
          because when she was about to board the aircraft at Mehr—Abad
          - — --- rport, p sspp been confiscated. At the tim -.
          told- the reason - for he - onf iscat -i n - was that--she was- a--memb -r-- - -
          of the Baha'i faith. However, she stated and repeated that she is
          not a member of that faith and is willing to prove it to the
          authotities.-' Thus far, efforts to enable her to leave the country.
          have proved fruitless. ... - .. •
          (vi) Mr. Habib Abmadi, resident in the United States, sent the Special
          F . Representative a letter, dated 8 December 1989, in which he informed
          him that his sister Aceah had been arrested in 1981 and sentenced to
          eight years' imprisonment. One day in the autumn of 1989, a member
          of her family was asked by- phone to re.port to the prison, where
          officials handed over her clothing and other belongings, with this
          warning: “You must not talk to anybody about this” (Aceah's
          execution). They also said that if anyone found out what had
          happened, he would be declared, guilty and punished.
          2. Information from the Iranian and international press
          36. On llAugust 1989, the international press reported that 20 persons had
          been executed on charges of drug—trafficking and that 1,300 persons had been
          executed for that offence since January 1989. This figure has steadily
          increased up to the time when this final report was completed. For example,
          the international press reported the announcement by Iranian radio on
          24 December 1989 that 17 members of a gang of drug—traffickers and
          Weapons_smugglers, including a woman, had just been executed in. Tehran, Mashad
          and Kerman.
          
        
          
          E/CN.4/1990/24
          page 12
          37. The Turkish press reported that 48 asylum—seekers had been handed over to
          the Iranian authorities and executed in Orumiyeh in August 1989.
          38. Other publications reported. on 15 September 1989 that five political
          prisoners named Mohammad Yoyunessi, Mohammad Gholi Ebrahitni, Bizhan Bigliari,
          Bahram Kamezi and Mas'soud. Sabet had been executed for drug—trafficking in
          Hamedan, Rasht, Kerinanshah and Shiraz. - The same source stated that those
          persons had been among 79 persons executed on 19 August.
          39. The press published statements by Mr. Davoud Karimi, a member of the
          Islamic Revolution Committee, to the effect that 9,000 political opponents and
          40,000 drug—traffickers and drug—addicts..were in prison. In May 1989, the
          newspaper Kayhan (an English. language newspaper, published in Tehran) reported
          that 200 members of the Peopl&s Fedayeen organization and the Tudeh Party had
          been arrested. The Iranian press also reported the detention of supporters of
          .Kurdish political groups, including members of the so—called Komala group, on
          charges of conspiracy to commit acts of terrorism and sabotage..
          40. On 31 July 1989, Kayhan reported that six. women convicted of .adultery and
          f. immoral., behaviour had been stoned. to death in Bakhtaran.. The newspaper
          Jomhouri Islami reported on 24 April that members of a gang involved in
          immoral acts and prostitution had been hanged or stoned in Bushehr. The
          stonings were carried out in the sports stadium. Kavhan reported on
          13 May 1989 that a woman had been stoned to. ,death in Meishaboor stadium. On
          13 January 1989., Kayhan reported that a man and a woman sentenced for adultery
          had been stoned to death in Karaj.. Jomhouri Islami reported that a woman had
          been stoned. to death in. .Zahan. On 20 February 1989, .the official radio
          announced. that two persons had each had a hand cut off. .
          41. The press published statements attributed to a senior member of the
          Judiciary to the. effect that the summary.executions of political opponents had
          ft produced satisfactory kesul.ts., The press also. published statements. attributed
          to another prominent person holding no official functions to the effect that
          the summary executions were a mistake. Other official sources denied that
          there had been many executions in Iran and stated that the accusations made in
          that regard were the result of the manipulation of information, by opposition
          groups. . .
          3. Information from foreign organizations
          42. The Secretary—General, of the United Nations transmitted to the Special
          Representative a copy of a letter from the Congressional Friends of Human
          Rights Monitors, composed of 52 Senators .and 143 members of the United States
          Congress. The letter was signed by Senators PatrickMoynihan,
          David Durenberger and. James Jeffords, and Representatives Tony Hall and
          Constance Morella. The latter stated that Mohammed Hossein Akbarzadeh
          Youssefi, a doctor by profession and held in high esteem in'Tabriz. for the
          free assistance he had given to needy persons, had been arrested and executed
          in October 1988, without trial and with no specific charge or legal
          assistance. Doctor Youssefi.had been arrested and released a number of times
          during the years prior to his execution.
          
        
          
          E/CN.4/1990/Z4
          page 13
          43. The Indian Committee for the Defence of Human Rights, a specialized
          branch of the National Federation of Indian Women, sent the Special
          .Representati Te a letter from New Delhi on 29 December 1989 expressing deep
          concern at the possible execution of 18 women prisoners inIran. The letter
          stated that those women had been sentenced to death and placed in solitary
          confinement. The reporting organization did not furnish the names of the
          women under sentence of death. -
          4. Information provided by Iranian organizations
          44. On 8 December 1989, Mr. Karenzadeh and Mr. Gadan Jalil, who stated that
          they represented the Kurdistan Democratic Party, handed the Centre for Human
          Rights a list of prisoners alleged to have been executed since 1988, a list of
          civilians killed by members of militias and a list of Kurdish villages that
          had been destroyed. The complainants further stated that 15 persons had been
          arrested in November 1989 in Paveh and held in Kermanshah prison, and that
          three of them had been executed because of their support-for Kurdish autonomy
          movements. . - -
          45. On 8 January 1990, Mr. Karimadeh Abdolrahman, spokesman for the Kurdistan
          Democratic Party, handed the Special Representative a listof 95 persons
          alleged to have been executed in prisons in Kurdistan in 1988, and stated that
          he was absolutely sure of the veracity of that information. He also gave the
          names of 11 civilians, one of them a student and the remainder peasants, who
          had been killed by members of the armed forces. Those lists repeated many of
          the names given in the lists mentioned in the previous paragraph. He also
          handed over a list of 136 Kurdish villages allegedly destroyed since 1980. He
          stated that hundreds of Kürds had been executed since the 1988 cease—fire in
          Kermanshah , Saqqez, Mahabad and 0rumiyeh T
          46. On 8 January 1990, the Special Representative received . -.
          Mr. Mehdi Fatapour, a member of the Political Bureau of the People's Fedayeen
          Organization. Mr. Fatapour stated that political prisoners continued to be
          executed as drug traffickers and, in -that connection, mentioned the case of
          Dr. Mansour. At the beginning of the year three persons accused of being
          homosexuals had been beheaded. He also submitted a list of 80 women who were
          still being kept in prison, even though they had served their sentences.
          47. On 10 January 1990, the Special Representative received
          Mr. Madavi Hossein, Secretary—General of the People's Mojahedin Organization,
          and Mr. Kasem Rajavi, representative of the National Council of the Resistance
          in Switzerland, who gave him eight documents concerning the situation in
          Iran. Their contents are described below: (a) list of political prisoners
          executed as drug—traffickers; (b) political prisoners buried in secret common
          graves; Cc) names and addresses of 410 relatives of persons who had been -
          executed; Cd) list of 643 prisons; (e) names and details of 4,725 political-
          prisoners; (f) list of 1,786 persons accused of being torturers; (g) copies of
          official statements on human rights; and (h) copies of reports in the -
          international press on human rights in Iran. They said that- 25O peop1e had -
          worked for two months on the preparation of the eight documents. On -
          17 January, Mr. Madavi Hossein and Mr. Kasem Rajavi submitted further
          documents, together with letters and cases of persons- whose fundamental rights
          had been infringed. - -
          
        
          
          E/CN.4/1990/24
          page 14
          48. On 15 January, the Special Representative was visited by two
          representatives of the Independent Committee of Iranian Lawyers in Exile, who
          spoke about the situation of lawyers. They stated that a number of lawyers
          had been executed, and described the events that had led to the dissolution of
          the old Tehran Bar Association and the arrest of its President. They referred
          to the executions of Massoudi Manouchehr,. a legal adviser, and of Mr. Khaksar,
          who had acted as defence counsel for a n.umber'of Mojahedin in revolutionary
          tribunals. Lawyers who had tried to act as defence counsel for political
          offenders were persecuted and forced to hide or leave the country. In 1981
          and 1982 a number of lawyers had still been able to act as defence counsel in
          political trials, but their services had soon been dispensed with and since
          then political trials had taken place without independent legal aid for the
          defendants.
          49. On 15 January, representatives of the Kurdistan Democratic Party, the
          People's Democratic Party of Iran and the People's Fedayeen Organization
          referred to the situation in Iranian gaols They promised to send a list of
          14,000 executed political prisoners, and provided the names nd detailsôf
          many people still in prison. They also handed- over a copy of the report of a
          mission by the International Federation of Human Rights to Kurdistan, and a
          list of villages which they said had been destroyed over a period of lQ years
          by regular or irregular Iranian armed forces. In each village in Kurdistan;
          there were notices listing the names of inhabitants who had been executed; the
          purpose of the notices was to intimidate the population.
          5. Official information on terrorism
          50. The Government of the Islamic Republic of Iran has submitted to the
          Special Representative a-58—page document- containing 170 excerpts from the
          newspaper Mojahed , pübIi hed by the People's Mojahédin Organizátion, dated -
          between 9 November 1983 and 21 January 1985. In these excerpts the
          organization acknowledged that it had conducted propaganda campaigns, and
          engaged in military activities and attacks against private individuals in
          Tehran, Isfahan and other cities, against private vehicles and against
          premises where supporters of the régime normally met The document contains
          the names of 38 victims of these acts (annex II) The section entitled “Brief
          reports” contains information concerning attacks on al1eged spies and
          torturers. - -
          51. The Permanent Mission of the Islamic Republic of Iranto the
          United Nations Office at Geneva has sent the Special Representative a number
          of leaflets relating to terrorist attacks attributed to that organization.
          The leaflet entitled “Reality” describes eight attacks for which
          responsibility was claimed by the organization The purpose of this leaflet
          is to demonstrate that the victims were not spies, mercenaries or torturers,
          but peaceable private individuals who were simply supporters of the régime.
          The leaflet entitled “Political activities ...“ reproduces the statements of
          former activists who claimedresponsibility for armed actions, sorneof which
          were suicidal in nature, against revolutionary guards and against the Pars
          News Agency.
          52. The publication entitled “Observations on the trend in blind terrorism in
          Iran” recapitulates incidents for which responsibility was claimed by the
          above—mentioned organization. “Documentary proof of terrorism” reproduces
          pages of publications by the People's Mojahedin which acknowledged
          
        
          
          E/CN.41 1990/24
          page 15
          responsibility for attacks against military and civilian targets. A further
          three publications contained reports on incidents, names, dates and results of
          actions against public transport and public buildings, and against persons
          holding public office and private citizens without official responsibility.
          6. Siti.j,ation of the Baha'is
          53. The Special Representative has been informed of the situation of the
          H Baha'i as follows: The improvement in the situation of members of the Baha'i
          faith continued between October 1989 and January 1990. Since two Baha'is were
          executed in December 1988, there has been no report of any' further
          executions In May 1989, 14 Baha'is were in prison and since then 9 have been
          arrested and 10 released; the number of prisoners at the end of 1989 was
          H accordingly 13.'
          H 54. Most Baha'is continue to be deprived of their pensions, but those who
          H retired before the Revolution and are over 60 years of age will be able to
          H draw their pensions if they paid their social—security contributions for.
          10 years; if they have not paid the f ill. contributions for the 10—year period,
          they will be able to make up the balance and r ceive benefits. But those who
          have retired or ‘lost their jobs during the past 10 years will not be able to
          receive their pensiOns.
          55. Since November 1989, a number of commercial licences have been renewed,
          and shops managed or owned by Baha'is have reopened. The Ministry of Commerce
          has authorized the reopening of a number of shops in Abadih and Burujan, but
          they are still closed because of threats by extremist elements. It should
          also be noted that the Baha'is are able to obtain ration cards, which had been
          withheld from them for a long time. — -
          56. The Baha'is are still experiencing problems in connection with the right
          of inheritance They are being refused inheritance certificates which, under
          Iranian law, are necessary in' order to obtain possession of the assets of the
          person concerned. Consequently, they are unable to legalize possession of
          H inherited assets. The situation of the confiscated farms remains uncertain,
          but they have been allowed to bring legal proceedings in a number of courts.
          57. In addition, they are being refused passports and consequently are
          compelled to remain in Iran even though they would like to travel abroad to
          join their families or receive medical treatment.
          58. Since 1988, the Baha'is have been admitted to primary and secondary
          schools, without exception, but they are systematically being refused
          admission to universities.
          59. The Baha'is are unable to meet as members of their faith. They are not
          allowed to use the premises to which they formerly had access in order to
          practise their faith and are not allowed to enter all offices owned by them
          60. As part of the improvement in their situation, it should be noted that,
          as stated in the interim report, they are now allowed to bury their dead in'
          their own cemeteries. Nevertheless, they are experiencing difficulties in
          this connection at Qazvin, Hamadan, Rasht, Chalus, Nawshahr, Babulsar, Babul
          andSari.
          
        
          
          E/cN.4/ 199012 4
          page 16
          61. The Special Representative has received photocopies of official documents
          containing decisions by the competent authorities in cases relating to
          Baha'is. These documents are listed below:
          (a) Notification dated 12 March 1989 by the Islamic Revolution Court of
          Gunabad to a Baha'i of the verdict handed down in his absence, by which he was
          sentenced to one year's impris nment. formembership in .the Baha'i
          organization;
          (b) Letter from the Executive Committee for Investigation, Ministry of
          Culture, stating that a student who had been prevented from continuing his
          studies because of his relationship with the Baha'i sect could send a
          declaration renouncing his affiliation with that sect, in order that it might
          be widely published and subsequently investigated and submitted for a
          decision; failing submission of such a declaration, he would be treated in
          accor4ance with the.,datain the registers concerning, him;
          Cc) Letter from the Department of Commerce, dated 17 April 1987,
          informing an applicant that his turn for the installation of a telephone had
          come, but, because he was a member of the Baha'i faith, it would not be
          installed, and
          (d) Note from the Ministry of Justice stating that certification of the
          status of heirs is granted only to persons who, members of,.the.fpur
          officially recognized religions and that the heirs of Baha'is are not entitled
          to receive such certification
          62 Information received more recently indicated that three prisoners had
          been released in Karaj, one iii Isfa fand On in Khuy, with the- result that
          the number of imprisoned Baha'is has declined to eight. InAbádih,the
          Baha'is received from the Government. 40,000.. square metres of land for use as a
          cemetery, and the first bodies have been buried on that site The situation
          in Marvast has returned to normal since 16 workers have recovered their
          jobs, 5 have obtained a work permit and all the shops have reopened after
          being closed for six years In Tabriz, all Baha'i shopkeepers and workers
          have obtained the necessary permits The judicial authorities in Qazvin have
          ordered land to be returned to the Baha'is In Bandar Turkamen, arrangements
          have been made to reconnect all telephones belonging to, Baha' is. In Hamadan,
          the local authorities have allowed four girls who had been expelled from art
          school to resume their studies And the Baha'is who had been banished to
          Jahrum have received permission to return to Kiram, their normal place of
          residence. .
          7. Clemency measures
          63. The Special Representative receive.d reports.of clemency measures ordered
          by the Government of the Islamic Republic of Iran after the interim report had
          been completed, but informed the Third Committee of the General Assembly of
          those measures in his oral statement on 20 November 1989. It is to be hoped
          that the Government. of the Islamic Republic of Iran will order further
          clemency measures benefiting political prisoners and ordinary prisoners,
          including drug traffickers who show signs of reform The Special
          Representative has expressed great satisfaction at this humanitarian policy,
          which first manifested itself in the amnesty of early 1988 benefiting about
          2,500 detainees The policy has recently continued with pardons and the
          commuting of sentences
          
        
          
          • •
          E/CN.4/1990/24
          page 17
          64 In this connection, it should be mentioned that, on 18 October 1989, the
          permanent Representative of the Islamic Republic of Iran to the United Nations
          addressed a letter to the Secretary—General of the United Nations which was
          circulated as an official document of the General Assembly (A/C.3/44/S)
          stating that the Government had issued a decree granting pardons to, or
          considerably reducing the sentences of, persons who had been convicted of a
          number of offences. That decree did not concern persons sentenced for drug
          trafficking or rape. -
          65. In addition, the Special Representative received from the Permanent
          Mission of the Islamic Republic of Iran to the United Nations a document
          stating that 572 prisoners at Karadj, Qom and Zahedan had had their sentences
          commuted. According to the Permanent Mission, this figure was indicative of
          the large number of prisoners who had been granted a pardon or had their
          sentences commuted in many other Iranian cities; however, overall figures were
          not yet available.
          66. The Permanent Mission further stated that all persons sentenced to one
          year's imprisonment were amnestied. Prisoners áentenced to terms of 5, 10 or
          15 years had their sentences reduced by one third, one fourth and one fifth,
          respectively. Sentences of over 15 years were reduced to 10 years, and life
          imprisonment was commuted to 15 years' imprisonment.. : . .
          - III. CONSIDERATION.OF OPINIONS OF THE IRANIAN GOVERNMENT
          67. Between the date of renewal of the mandate in March 1989 and completion
          of the interim report in October 1989, the Iranian Government expressed
          important opinions on the enjoyment of human rights and compliance with the
          international human rights E a.sions in force Th&complète texts oUthe
          relevant statements were included in the interim report (A1441620,
          paras. 8—l4) and the Special Representative's comments will thus refer to that
          report, without reproducing the texts in full. -.
          68. The Iranian note of 26 June 1989 (A/44/620, para. 8) referred first to
          the Special Representative' s visit, a matter which was concluded through
          resolution 44/163 adopted by consensus by the General Assembly at its
          forty—fourth session. Other matters about which differences of view have
          emerged between the Government and the Special Representative are commented on
          below. . •
          69. In the above—mentioned note, it was stated: “Definitely, the Islamic
          Republic of Iran cannot, and will not, hold itself committed to answering
          allegations orginating from certain terrorist groups and war—time traitors.”
          It added that it would, be able to answer “After the terrorists have been
          excluded as the source of information from the fact—finding and .
          information—gathering system of the Commission on Human Rights.” Expressing
          its desire to co—operate with the Special Representative, the Government
          stated that 140 of the names listed as executed political activists in an
          annex to the final 1988 report were fictitious since they did not appear -in
          any official register. .
          70. The Special Representative wishes to point out that the Iranian
          Government has on a number of occasions promised to reply in detail to all the
          allegations communicated to it during the years of his mandate, since 1984,
          and announced that the replies were under preparation. In the Commission on
          
        
          
          E/CN.4/1990/2 4
          page 18
          I—..
          I.
          1 '.
          Human Rights, the most recent promise to this effect was made on .6 March
          when the representative of Iran stated: “The written response of my
          Government to the annex of the report E/CN.4/1989/26 is under way and as
          this moment I can give you, Mr. Chairman and the distinguished audience,
          a brief report on that.” He then referred to the 140 names that did not
          appear in any official register.
          71. In previous reports, the SpecialRepresentative examined arguments
          similar to that contained in the note of 26 June and made it clear that a
          distinction must be drawn between organizations that promote -the submission of
          written reports and testimony, and persons who state that their fundamental
          rights have been infringed. Moreover no allegation can; or should be excluded
          prima facie without consideration and examination. The main point is that:the
          investigation relates to the rights of individuals; individuals are personally
          responsible for their words and deeds; they may or may not belong to the
          organization that takes it upon itself to publicize their testimony.. The
          allegations relate to supposed infringements of the rights of private
          individuals, and theorganizations which operate insomecases —and not
          constantly and systematically — as vehicles, for the submission of data are
          ex luded from the relevant procedure. it should further be recalled that the
          sources of information vary and no organization has, a monopoly on the
          transmission of information. .
          72. It is' regrettable that the Iranian Government: should have expressed
          reservations concerning the answers required in order to continue the
          investigation with full .knowledge of the -facts. However, it is to be hoped
          that it will return, to the previous position and fulfil its promises, since
          the answers form an integral, and essential part of the full co—operation that
          was embodied in the consensus resoliition.adópted by the Gene al Assembly
          73. The Iranian note went on to refer to the recommendation relating to
          conformity of the prison system with international standards and to the
          inadmissibility of subjecting detainees to unjustified or unnecessary
          harshness. ,The Iranian Government stated that it feels morally obliged,.to
          observe humanitarian. :considerations vis.—à—vis prisoners and toavoid ill
          treatment, and that--to this end it has made substantial efforts to ensure the
          rehabilitation of detainees, and the development of their personality. This
          is ,. precisely, .the standard of treatment of prisoners that is set in •the
          various international instruments and whose correct implementation the
          Commission on Human Rights and the General Assembly wish to verify. On this
          basis of agreement, the competent organs of the United Nations have, been
          requesting the Government of Iran to take into account the reports on torture
          and ill—treatment that have been transmitted to it, and to use them to
          supervise the correct functioning of the prison system, and consequently for'
          investigation of the conduct of subordinates and to ascertain responsibilities
          as may be appropriate, and to take such compensatory action as may be due to
          persons who have suffered injury in breach of prison policy.
          74. In the same note, the Government of Iran categorically denied that
          prisoners were tortured. It stated that they were treated in conformity with
          the Ta'zirat and the standards of Islamic law which have been the subject of
          consensus and implemented in other Islamic countries. These punishments must
          be assessed in conformity with international law, since the criteria demanded
          by the international community are in some cases at variance with very strict
          1989,
          of
          just
          
        
          
          E/CN.41 1990 1 24
          page 19
          interpretations of Islamic law, and international obligations are discharged
          only through compliance with the standards which the international community
          has established with the consent of all States Members of the United Nations.
          75. Certainly, some senior members of the Iranian Government have, albeit
          occasionally, stated that their country complies with Islamic law and that
          they do not consider themselves obliged to try to conform to international
          law. On 20 October 1989, a senior off iciäl, speaking. on Radio Tehran,
          stated “Every day, the human rights organizations and associations accuse
          Iran of human rights violations on the basis of unfounded charges; they must
          understand that we follow Islamic law “ On this point there is a fundamental
          divergence because the international system for the protection of human rights
          does not permit any exception based on internal legal systems, it is for each
          State to conform to international law Neither the Constitution nor national
          law in general may constitute a valid exception or grounds f or exemption from
          enforcement of international law. For a long time now, it has been well
          established in international theory and practice that the law of a particular
          • country cannot function as a ground for excusing or justifying failure to
          enforce international law..
          76. In Iran, very different views about human rights and the administration
          of justice have been expressed, and indeed by prominent persons competent in
          Islamic law On 13 February 1989, for example, the London newspaper Ih
          Independent published statements made by a prominent Iranian in an open
          letter “It appears that in most cases those executed had been serving short
          prison sentences for minor political of fences.” He declared his opposition to
          such sentences and said he was sure that many persons in Iran shared his
          view. In the se ine letter he pointed out that, under Islamic law, the families
          of victimi ou1d acâept financial Qrnpens tfon i ätead of the deatnseiitence
          for a person convicted of homicide In this connection, he asked the
          following question. “If these executions have been cai ried out in the name of
          observing the retribution law, then where are the members of the families of
          those victims in whose name an act of revenge has been authorized?”
          77 With regard to the imposition of the death penalty, the above—mentioned
          note states that the penal system in force places a very high value on human
          life and that the unjustified death of a single person is considered as
          tantamount to a cataclysm The death penalty is imposed within the context of
          divine law, and in order to limit its implementation restitution ( Diveh ) may
          be paid and an oath ( Ghesaineh ) may be sworn The note did not refer to the
          International Covenant on Civil and Political Rights, which imposes
          limitations on the,power of each State to apply the death pena1ty . In the
          various reports prepared to date, reasons have been given as towhy the
          imposition of the death penalty in the Islamic Republic of Iran is not in
          conformity with the relevant international provisions
          78. The note of 26 June included a statement of a doctrinal character
          concerning the method of enforcing the international obligationi of States.
          The note stated: “Since the judicial system in each State is enforced
          independently, the Islamic Republic of Iran ... does not hold itself obliged
          to answer questions which directly violate this axiom.” In its view, the
          division and independence of the highest organs of the State, in this case the
          Judiciary, create an exemption fromthe international, obligation to report on
          alleged irregularities in the administration of justice. This question has
          been debated and resolved both by outstanding experts and by international
          I
          
        
          
          E/CN.4/1990/24
          page 20
          courts, and the solution, which has entered customary international law,
          embodies the rule which stipulates that the division and independence of the
          highest organs of States, including the Judiciary, do not give rise to
          exemption or exception with regard to compliance with the State's
          international obligations. Consequently, international law considers the
          State as a unit, and not as an entity divided into several parts, of which
          only the Executive would be answerable at the international level. If a State
          has problems deriving from its Constitution, the division of powers or the
          federal form of government, those are internal problems which it must resolve
          internally, but before the international community its obligations are
          evaluated in the light of international standards by which the State is
          conceived as the sole and indivisible subject of rights and obligations. Only
          by considering the State as an indivisible unit responsible for compliance
          with international obligations can international relations be placed on a sure
          footing
          IV. VISIT TOTHE ISLANIC REPUBLIC bFIRAN
          A. Introduction
          79. The visit to the I slamic Republic of Iran took place from 21
          to 28 January l990. Mr. GeorgMautner—Markhóf, Chief of the Special
          Procedures Séctión, represented the Centre for Human Rights.
          Mrs. LeoñorSampáio, a human rights official, and Miss Carmen Cuevas,
          secretary, also took part in the mission Mrs Irene Abrahamian, an
          interpreter specializing in Farsi, helped the mission during all of the
          private and some of the official meetings.
          80 When the news of the visit to the Islamic Republic of Iran was made
          public, the Special Representative began to receive extensive correspondence
          containing views, suggestions and requests on how the visit should be
          conducted The correspondence came from Iranian exiles and expatriates, as
          well as from persons of other nationalities, human rights associations and
          f our winners of the Nobel Prize for Science. Letters signed by 329 university
          professors and by academic and student associations were also received In
          additiOn, 833 ‘parliamentarians from Australia, Austria, Belgium, Canada, the
          Federal Republic of Germany, France, Italy, Liechtenstein, Luxeñthourg,the
          Netherlands, Norway, San Marino, Sweden, Switzerland, the United Kingdom and
          the United States, as well as members of the European Parliament and the
          Council of Europe, stated their views on the human rights situation in the
          Islamic Republic Of Iran.
          81. The Special Representative is grateful for the co—operation of all these
          persons, recognizes that their views and suggestions were of great value
          during the preparations for the visit and is encouraged by the fact that
          international public opinion, which is so important for the, implementation of
          human rights, throughout the world, is providing such strong support for the
          international system for the protection of human rights.
          82. A request supported by prominent persons from many countries was that one
          or more members of the People's Mojahedin should take part in the mission.
          From the very outset, the Special Representative stated that he could not and
          should not include any person who was not a member of the staff of the
          United Nations secretariat in general and of the Centre for Human Rights in
          
        
          
          E/CN.4/1990/2 4
          page 21
          particular because that would jeopardize the objectivity of the mission and be
          totally out of keeping with well—established United Nations precedents. The
          Special Rapporteur gave the same answer to all persons and institutions which
          made the request, even shortly before the mission left for Tehran.
          83. The visit was announced in advance in the Iranian media and the persons
          concerned were informed of the place where interviews would be held and of a
          telephone number they could call to make'appointments. During the first few
          days, the interviews took place at the United Nations Programme for
          Development's office. Later, when groups of 100 or 200 persons blocked the
          entrance to the United Nations Development. Programme's of.f ice and witnesses
          with appointments could not appear, interviews were held in the Hotel Azadi,
          where the,membersof the mission were staying. At the hotel, many individual
          testimonies were heard and two collective interviews were held, one with
          100 persons and the other with about 50.
          84 Groups of persons also gathered in front of the Hotel Azadi and asked to
          be heard It was proposed that they should appoint representatives, but, at
          first, they did not agree to do so; a collective interview could not be
          organized because they all wanted to be heard individually and in private, but
          that was physically impossible because time was so short On Friday,
          26 January, most of those persons came into the lobby of the hotel and pushed
          and shoved the five members of the mission; some of them went upstairs, but
          not to the floor where the members of the mission had their rooms The
          confusion lasted about three hours It was Friday, the day of collective
          prayers, and it was therefore not possible to make contact with senior
          officials of the Ministry of Foreign Affairs as rapidly as would have been
          desirable. When the Ministry was informed of what was happening, the
          -authorities p.ro-ceeded- to--re és ãb -l±sh order--and-the mission- was- ab-le -to enter
          and leave the hotel without hindrance
          85 The Special Representative wishes to place on record his particular
          appreciation for the full, effective and constant co—operation which he
          received from Mr. Per Janvit, Resident Representative of the United Nations
          Development Progranmie in the Islamic Republic of Iran, and which went far
          beyond what he could have hoped for or expected
          86. The Special Representative took the initiative of requesting interviews
          with dignitaries who could give him information on human rights in the
          country Mr Mehdi Bazargan, Prime Minister of the first Government of the
          Revolution, accepted and the Special Representative visited him at his home
          Ayatollah Montazeri, who lives in Qom, declined to be interviewed becausE he
          had other conunitments. The Special Representative was prepared to travel to
          ‘: Qom. It had repeatedly been stated that Ayatollah Montazeri was under hOuse
          arrest, but, through political opposition sources, it was possible to
          es tablish, that he is free, and devoting himself to teaching'.. . -
          87 The length of the visit was determined on the basis of United Nations
          precedents and, in particular, the programme of work of the Comnission on
          Human Rights Since the Commission began its work on 29 January, the report
          had to be ready a few days before the agenda item on the Islamic Republic of
          Iran was to be discussed The drafting of the report and its translation into
          the working languages take several days. If the visit had been longer,, the
          Commission would, not have been able to consider this question at its
          forty_sixth session. In preparing its programme of work, the Commission
          
        
          
          on
          E/CN.4/l99O/Z
          page 22
          decided that the consideration of agenda item 12, which includes the question
          of the Islamic Republic of Iran, would begin on 19 February; and the Special
          RepresentatiVeis to present the oral introduction to his report on that day,
          assuming, of course, that the report has been completed and translated into
          the working languages. There were thus only 20 days in which to complete all
          that work The visit must be seen in a broader context because it does not in
          itself put an end to United Nations activities with regard to this case. This
          visit, which is the first, should be followed by a second visit
          88. The Special Representative acknowledges, commends and is grateful for the
          assistance he received from the Chief-of the.Special Procedures Section of the
          Centre for Human Rights, Mr. Gèorg Mautner—MarkhOf, who accompanied him to all
          the official visits, madetimely and relevant suggestions and supervised the
          work of the other staff members The Special Representative also
          acknowledges, commends and is grateful for the intensive activity and
          efficiency of the other United Nations staff members who accompanied him
          the mission and who showed unlimited dedication and goodwill during the
          15—hour working days the visit required. -
          B Interviews with representatives of the executive,
          legislative and judicial branches of Government
          89 In the morning of the day he arrived in Tehran, the Special
          Representative began the set of visits with senior officials of the Iranian
          Government The visits were scheduled, as requested earlier, for the mornings
          and the hearing of testimony and other activities took place in the afternoons
          i::' :
          90 In the morning of 21 January, a meeting was held to revise the schedule
          of work for the official contacts The Deputy Minister for International
          Affairs, Mr Manouchehr Mottaki, accompanied by Ambassador Tabatabai,
          Ambassador Nabi and Counsellor Alai, expressed the satisfaction of the
          Government of the Islamic Republic of Iran at the visit of the Special
          Representative and the officials from the Centre for Human Rights andstressed
          that his Government intended to extend its full and effective co—operation.
          91 After agreeing on the programme for the official part of the visit,
          subject, of course, to changes which might be necessary in the light of
          circuznstances,Mr. Mottaki referred to the international problems which the
          Iranian Revolution had faced since its inception and described some of the
          causes of the difficulties the Islamic Republic of Iran had had to deal with
          at the international level He indicated that terrorism had begun one month
          after the Revolutionary Government had come to power and that the President of
          the Republic, the Prime Minister, the President of the Supreme Court, the
          Attorney—General, the Ministers of Roads and Transport, Telecommunications and
          Energy and more than 30 members of Parliament had died in a horrible terrorist
          attack. The Special Representative said that all •the information on terrorism
          which he has reáeived from the Government has been duly reflected in his
          reports.
          92. Three important matters were discussed: detailed replies to the cases
          which the Special Representative has submitted and, will continue to submit to
          the Government; the place of the Islamic Republic of Iran in the international
          community, and Islamic values The Deputy Minister said that replies will be
          
        
          
          E/CN.4/ 1990/24
          page 23
          given in respect of all the cases which have been or will be submitted. All
          the cases which have been reported since the conclusion of the 1989 interim
          report, as well as those reported during this visit, have been or will be
          transmitted to the Government so that it may provide detailed replies.
          93. The Deputy Minister said that the Government of the Islamic Republic of
          Iran intended to take its rightful place in the international comnumity In
          this connection, the Special Representative drew attention to the importance
          of the invitation ext ended to the Special Representative of the Commission on
          Human Rights, of the clemency measures adopted and of a solution to problems
          relating to the implementation of human rights in accordance with
          international instruments.
          94 The Deputy Minister then referred to Islamic values and their religious
          meaning and significance for the society and Government of an Islamic
          country The Special Representative said that he fully respected Islamic
          values and considered that they were closely related to Christian values and
          international human rights instruments, although, in the light of
          developments, some adjustments might be necessary in order to bring them fully
          into line with international standards, since practice and interpretations
          sometimes give rise to inconsistencies He also said that, in his opinion,
          such adjustments could be made without much effort in many cases, while, in
          other cases, further analyticial refinements would be necessary The
          harmonization of the Iranian legal and administration system with
          s international standards is possible and it could be the subject of a detailed
          s study to identify sensitive issues and find appropriate solutions
          2. Interviews with the President of the Supreme Court of Justice
          aiid the Deputyto thëHepd Of the Juiliciaf - - —
          95 In the morning of 22 January, the Special Representative visited the
          President of the Supreme Court of Justice, Ayatollah Moghtadaei, who described
          the structure of the judiciary and the general way in which it operates and
          answered the Special Representative's questions.
          96. Ayatollah Moghtadaei began his statement by recalling that the Islamic
          Republic of Iran was very young and had been subjected to great pressure and
          adverse propaganda abroad. Despite such pressure and the eight—year war which
          had been imposed on it, it had been able to develop and consolidate its
          institutions. The judiciary is composed of five types of courts: (1) civil
          courts, one for important cases and one for less important cases;
          (ii) criminal courts, one for more serious of fences and one for lesser
          of fences, (iii) a civil court for individual matters (marriage, divorce,
          inheritance, etc.) and matters relating to religious minorities; (iv) military
          courts, and (v) revolutionary courts which try offences against the security
          of the State and of fences involving terrorism, drug trafficking and the black
          market.
          97. The Supreme Court is composed of 34 branches or divisions located in
          Tehran. Some of its members have more than 30 years of experience on the
          bench The right of appeal is recognized and no exception is made in cases
          under the jurisdiction of the revolutionary courts. A lower court of' first
          instance discusses its judgexnent with the competent d v±sion of the Supreme,
          Court, although, once the judgement has been handed down, the accused Or the
          defendant, as the case may be, may appeal to the Supreme Court. When there is
          
        
          
          EIcN.4/199 01 24
          page 24
          a difference of opinion between the lower court and the higher division, the
          lower court is not under any obligation to follow the opinion of the division
          and, if the difference of, opinion continues, the case may be brought before
          another lower court. These procedures are applicable to any judgemeflt and
          there is no exception in any case. More than one appeal may be lodge4,
          provided that each one is based on different grounds. In addition, the
          Supreme Court is empowered to review all cases and, for this purpose, its
          President has three lawyers who assist turn in considering court proceedings
          with a view to deciding which, ones should be reviewed. The review proèedure
          applies to judgements of the revolutionarY courts
          98. With regard to the right to be defended by a taiyer,' the President stated
          that, under the Constitution, all accused persons without exception are
          entitled to the assistance of a defence counsel who is authorized to exercise
          the legal profession, such counsel is provided by the State when an accused
          person cannot afford to pay him With regard to the criticism by the Special
          Representative that some proceedings in which the death penalty is applied are
          far too speedy and do not allow time to ensure the guarantees of due process
          of law provided for in the International Covenant on Civil and Political
          Rights, the President said that proceedings may be speeded up in the case of
          of fences against public decency, but, even then, the right of defence, the
          right of appeal and the other guarantees of due process of law are
          safeguarded. The Supreme Court gives priority to such cases and may hand down
          a ruling within two days The judges are aware of the importance of
          guarantees of due process of law and consider that failure to ensure that they
          are safeguarded is not only contrary to the law, but also a sin according to
          - the.. Islamic. religion. They are guided by the principle that it is better to
          allow an offender to go u npu ushed thaii to convict an innocent person - .
          99. The President stated: “We do not claim that all our ‘judges are
          perfect” He also said that a procedure had been introduced to monitor the
          conduct of judges and, when they do something wrong, they are liable to
          disciplinary measures and, in some cases, to punishment. ThePresident agreed
          to the Special Representative's request for detailed information On 'two
          specific cases of punitive measures against judges who had failed in their
          duty. ‘ ‘
          100. The President said that no' one was imprisoned for.his political ideas and
          that all detainees were being tried or had been sentenced The Baha'i lead
          normal lives and those who are in prison have committed some offence. “No' one
          is in prison in ‘the Islamic Republic of Iran simply because he is a Baha'i”.
          101. The President said that, during the first few years of the Revolution,
          some abuses were committed, as happens during all revolutions, but, at
          present, InstitutiOflS, including the judiciary, are functioning normally and
          studies are being carried out to remedy shortcomings and errors in the
          enforcement of the law.
          102. The conversation continued with Dr. Mehrpoor, Deputy to the Head of the
          judiciary, Ayatollah Yazdi. After expressing some general views on the
          publicity campaign being waged abroad against the Government of the Islamic
          Republic of Iran, Dr. Mehrpoor indicated that the experts in charge of
          legislative reform have taken account of the legal opinions which the Special
          Representative has stated in his reports. One case relates to criticism that
          account was not being taken of the amount of time the aácused had spent in
          
        
          
          E/CN.4/ 1990/2 4
          page 25
          prison before being sentenced and that the relevant legislative reform should
          include the rule that the amount of time.aperson spent in pre—trial detention
          after his arrest counted as part of his sentence, if the sentence was a prison
          term. The experts are also studying other recommendations by the
          Special Rapporteur to determine whether it is possible to incorporate them in
          Iranian legislation.
          103. Dr. Mehrpoor emphasized in this connection that the country's legal
          system was based on Islamic values, a fact which was fully supported by the
          Iranian people.. Certain rules which were clearly stipulated in the Holy Koran
          could therefore.not be altered. On the-other hand, questions such as the high
          degree of discretion.given to judges in.the present system were currently
          being discussed. .. ‘ . .
          104. The Special Representative referred to-the-death penalty and to the
          - . restrictions and conditions provided for in the International Covenant on
          Civil and Poljtical: Rights and again stated the opinions he . expressed. and the
          recommendations he made in his reports. Referring to guarantees of due
          process of law, Dr. Mehrpoor agreed that they must be granted to all accused
          persons including political offenders, terrorists and drug traffickers. He
          said that,.in the- case.of.the•first.offence, the death penalty was not applieçl
          - -to drug traffickers. - The Special Representative asked. for a. copy.of the.
          n relevant act and the regulations giving.effect to it, which. he received the
          followingday.. . . . . . .
          . . . . -.. . . ... . -
          .105. In reply to a request for information, Dr. Mehrpoor said that there. are
          three bar associations in the Islamic Repub-lic of Iran., one in Tehran, one in
          & the third in Azerbai an, and that all three are . -_
          - — - — normally- The interview ended—wit-h a promise of--co--operation-in shedding
          light on any matters which were not clear, about which there were doubts or on
          which contradictory information had been provided.
          ed 3 Plenary session of the Supreme Court of Justice
          106. The President of the Supreme Court of Justice., Ayatollah Moghtadaei,..
          invited the. Special Representative and the Head of.-the Special. Procedures
          Section of the Centre for Human Rights to be present during the discussion. and
          - the ruling in the case being reviewed in accordance with the programme of
          • work. The Supreme Court meets in plenary session one day a week, usually on.
          ne Wednesdays, and discusses and, rules on two or three cases. On
          23 January 1990, the Court ruled on a case which, under Iranian law, is a
          private law matter, namely, fraud resulting from a cheque issued without
          sufficient funds. As the case involved civil and criminal elements, the
          judges of the divisions which hear civil and criminal cases were present.
          107. The rulings by the court of first instance and the appeals division- were
          not exactly the same and efforts were being made to find the right decision on
          the basis of the opinions in favour and against the judgement under review.
          No fewer than. 12 opinions were heard; some stressed. Islamic principles, while.
          others were based on commercial law and arguments such as res, judicata, . the
          absence of deceit in issuing the cheque and references to the relevant
          articles of the Commercial Code and the difference between a cheque for
          immediate payment and a cheque for deferred payment. -
          
        
          
          E/CN..4/1990/ 24
          page 26
          108. After the President of the Supreme Court expressed his view, the
          discussion was closed and a vote was taken. Thirteen judges, including the
          President, were in favour of upholding the judgement under review, but the
          majority wasnot and the judgement was therefore overruled. Decisions taken
          by the Supreme Court in plenary session are binding on all: courts and
          therefore constitute jurisprudence on which decisions in later cases are based.
          4. Interview with the Minister of Justice
          109. The visit to the Minister of Justice, Hojjatolislam Shoostari, took place
          on the same day; he described his Ministry's functionsas having one general
          purpose, namely, to proteôtpublic rights and public, order. In reply to a
          question put by the Special Representative, the Minister said that all death
          sentences, including those handed. down against drug traffickers and
          terrorists, have to be upheld by the competent division of the Supreme Court,
          even when the person concerned does not exercise his right.of appeal. “No one
          is tried for his religion or his political opinions;Oflly pèrsoná who commit
          of fences against the law are brought to trial”.
          110. The Minister said that the philosophy on which the Iranian system of
          justice is basédis not ‘vengeance,but'the punishment of the offender. In
          practice and ása result of the c'lethency measures that are frequentlyadopted,
          no one serves the entire sentence handed down against him. Most convicted
          persons have their sentence reduced and many do not serve more than one third
          of the sentence they received. Clemency measures are usually decreed at the
          time of New Years, an the .anniversary'of the Revolution and on the occasion of
          other religious holidays
          ill. The Minister then' reported that, during the Revolutipnary Government' S
          ten years inpower,fewerpersOns have been executedthan Inthe same amount
          of time under the previous régime. He complained ;that theSpecial “
          Representative's reports contain enormous figures on persons who have been
          executed and On political prisoners, stating :that,.iñ hisv.iew, the
          information comes from enemies of the Revolution operating abroad. “These
          figures are wrôñg andthey'area manipulation for propaganda purposes”. :The
          Special Representative said that his reports contain figures conununicatedto
          him not by one source, but by many sources, àndthat the ôfficiEl figures were
          not included because he had not received them, he also took the opportunity to
          draw attention once again to the fact that it is important for the Government
          to reply in detail to all the allegations communicated to it.. ::
          112. The draft Penal Code is being considered by the Parliament. The Code now
          in force was adopted for a trial period of five years and the new Code is to
          replace it. The. Minister said that there were not many differences between
          the Code in force and the new one, but the Parliament might include further
          changes in the new Code. . . .
          113. When asked why passports were denied and so many complaints were made as
          a result, the Minister said that the issue of a püsport was invariably
          prohibited because certain violations had been cOiñmitted, but persons who had
          no trouble with the system of justice received their passports.
          114. The Minister referred to the treatment of prisoners of war, which he
          described as absolutely proper.
          
        
          
          E/CN.4/1990/24
          page 27
          115. The Special Representative indicated that, in his view, acceptance of
          regular visits by the International Committee of the Red Cross to prisoners in
          jails, including political prisoners and drug traffickers, would go a long way
          .1 towards shedding light on questions relating to the prison system. The
          Minister did not specifically mention the suggestion that the Red Cross. should
          ;ed. . have a broader role in the Islamic Republic of Iran, but concluded the.
          conversation with a promise of full. co—operation with the Commission on Human
          Rights and its Special Representative, stating that he hoped the Commission
          would treat all similar cases in the same way..
          ace . . . ,. . .. . . .• .
          L 5. Public trial of five persons accused of murder
          1 116 As he had requested, the Special Representative attended a session of the
          criminal court trying a case in which the death penalty was applicable. The
          victim's husband, two of his brothers and one of his cousins were accused of
          one . . murder. The corpse had not been found, although other evidence indicated that
          t . the murder had actually taken place and the victim had not merely
          disappeared. The trial was heard by Judge Alisheari, a. judge with 10 years'
          court experience. The Special Representative attended the second hearing and
          the trial was expected to laèt for several days more. .
          117 Under Iranian law, murder is a private law matter and opposes the accused
          and the victim's family. The charges may be dropped if.financial compensation
          rd is agreed on or if a pardon is granted for some other reason. In this case,
          e the murdered woman's sister offered pardon provided that the whereabouts of
          of the corpse were made known.. Boththe. .accused and the family put their
          arguments to the judge to. try to convince him to pass sentence in accordance
          with.their allegations The Pub1ic Prose .cutor's Department does not take part
          - in the trial, but the investigation is—the responsibility of the police and of
          the office of .the Prosecutor. . . . ...• . . .
          118. The father and a sister the victim made impassioned allegations
          against the accused. The principal accused, the victim's husband, also took
          the floor to defend himself and again stated that he was innocent. The lawyer
          for the accused then made his plea. The Special Representative does not know
          o what verdict was handed down, as the hearing in question was only one of
          ere . several in the case.
          
          nt -. . . 6. Interview with the Minister of the Interior
          119. The Minister of the Interior, Hojjatolislam Noon, received the Special.
          now Representative on 24 January 1990. The Minister referred to the successive
          .0 aggressions directed against the Islamic Republic of Iran during its 10 years
          J of existence. He said that, as soon as the revolutIonary Government had taken
          power, it had held out a friendly hand to all nations and, in particular, to
          its neighbours, but its gesture had not met with any response. As a result of
          outside interference or assistance, a rebellion had broken out in Kurdistan
          as and, in one of the x any terrorist attacks that had occurred, the highest
          Government officials had been killed by an extremely powerful bomb. . Those
          Lad events had been followed by the foreign war lasting more than eight years.and
          I finally by the armed invasion in July 1988. In order to conceal the defeat of
          the invaders, a campaign had been organized abroad alleging that invaders
          captured on the battlefield had been executed en masse , together with
          imprisoned members of the same group.
          I
          
        
          
          E/GN.4/1990/ 24
          page 28
          120. The Minister deplored the selective criteria by which the international
          community judges human rights, as they apply only to some countries, while
          others avoid the monitoring procedure. There were indeed many problems of
          public order at the beginning of the Revolution, but the security and
          confidence of citizens has now been restored. Islamic law and the Government
          of the Islamic Republic of Iran respect humañ digflity and have organized the
          institutions of the Islamic Republic ol Iran on the basis of that essential
          principle.
          121. The Government of the Islamic Republic of Iran has made considerable
          efforts to meet the needs of the masses of refugees it has received from
          neighbouring countries and it has done so because they are human beingá
          suffering tremendous hardship. The Islamic Republic of Iraxi has received
          3 million Afghans and approximately 500,000 Iraqis. In addition, 2 million of
          its own population have been displaced from the areas where the eight—year war
          was fought.
          122. The Minister said that the Islamic Republic of Iranhas declared war on 4
          drug trafficking. Iranian territory has beenused fOr the transit of hard
          drugs to Europe and drugs have poisoned many Iranianyoüng people.
          Traffickers are frequently armed and are usually extremely dangerous. The
          Islamic Republic of Iran is helping Europe by its war on drugs, but it has not
          received any recognition for its efforts. .
          123. The Special Representative then put some questionê to the Deputy Minister
          and to the Director—General for political associations and parties. According
          to their replies, warrants are required for all arrests except in cases of
          — — flagrante delicto The iime limit for the p e1im1nar3flinvestigatiOn is -
          24 hours, after which the case:is transferred to the àompetetit judge or ‘ t
          detainee is released. A warrant is also required for house searches. 4
          124. There are three police forces: the police, the gendarmerie and the
          Islamic Revolutionary Committees. The latter are ‘responsible for combating
          terrorism and drug trafficking. A bill has been prepared to combine the three
          police forces.
          125. In 1982, an act was promulgated authorizing the activities of political
          parties in accordance with the law. Political parties had never before
          enjoyed legal recognition. During the early years of the Revolution, a number
          of parties opted for armed struggle and others attempted tO split the country,
          but there was no lack of parties that played their genuine role. All parties
          are allowed to operate provided that they respect the Constitution and
          national independence. If they meet these requirements, they may be
          authorized.
          126. A Commission composed of representatives of the executive, the Parliament.
          and the judiciary is responsible for considering applications by parties for
          registration. In 1989, seven political groups were authorized, together with
          10 groups representing religious minorities. The Commission meets regularly
          and is considering a number of applications on which a decision is pending.
          It authorizes political parties, groups carrying out political activities,
          social and cultural associations representing religious minorities, trade
          unions and professional associations and Islamic societies.
          ____________________________
          
        
          
          E/CN.4/1990/24
          page 29
          127 The Special Representative said he had been informed that the Association
          for the Protection of Freedoms and Human Rights had not been authorized, even
          though it had submitted its application some time ago. He was told that the
          application was being given preliminary, consideration, would soon be dealt
          with by the Commission and might be decided on within three or four months
          128 The Special Representative asked what legal requirements a commission on
          human rights would have to meet in order to be authorized to operate He was
          told that such a conunission could be authorized provided that it met the two
          conditions set out. above, namely, respect for the Constitution and for the
          country's independence, but, so far, no-application had been received for the
          establishment of an association. specifically concerned with safeguarding human
          rights
          129 The Director of the relevant administrative department added that two
          groups named the Association for the Protection of Freedoms and Human Rights
          and the Movement for Freedom are operating without legal authorization The
          associations hope to be granted legal authorization, but, even without such
          authorization, they criticize the Government and no one interferes with them
          7 Meeting with the Special Prosecutor for Drug Trafficking
          130 Ho,ajatolislam Zargar, Special Prosecutor for Drug Trafficking, said that
          the objective of the Government of the Islamic Republic of Iran was to
          encourage the development of a healthy and vigorous society and drew attention
          to, the devastating effects of..drug consumption. An act' has-been adopted.,,to
          introduce legal measures in the war against the transport, distribution and
          ,coi sumptionof hard drugs..,,. The,.death p na y.., p,plies qn1y tQ repeat qffenclers ....,
          — and—is directly linked to distribution —The —introductory paragraph of -‘the ‘act
          reads as follows “The anti—drug issue has been widely discussed in various
          meetings held by-the High Council forMatters pf Expedienc.y where as a result
          the Council ratified the anti—drug bill on Aban 3, 1367 (October 25, 1988)
          which bypasses lengthy formalities in deciding the cases of drug abuse and
          trafficking and where the complete details of the new law are as follows”.
          The law contains 35 articles and a number of notes which, according to the
          Special Prosecutor, carry the same legal weight as the articles
          L 3 .l...he:Prosecutor, said that poppies were not being gro in. the: Islamic
          Republic of Iran at the present time and that, at international meetings, the
          Government had requested: that: that should be proven by means of satellite,
          monitoring He presented two sets of samples showing the various kinds of
          drugs that pass through Iranian territory and described some of the tricks
          used by drug traffickers to mislead the authorities The most recent seizure
          netted three tons of cocaine The Islamic Republic of Iran is helping other
          countries to protect the health of their. young people, but it received, no
          recognition for its efforts.
          132 The Special Representative raised the issue of the large number of
          persons sentenced to death for .drug trafficking and recalled, that, according
          to calculations based on information provided by official Iranian radio, over
          : 1,300 persons had been executed in slightly less than one year. He also said
          1: that, according,to information published by the weekly Tehran Times in its
          international edition of 7 December 1989, 14,000 drug traffickers were. -in
          prison and 900 were awaiting execution. . .
          
        
          
          E/CN.4/199O/ 24
          page 30
          133. The Special Prosecutor replied that the figures were exaggerated and that
          not even he knew how many persons had been executed. The Special
          Representative said that the data were from official Iranian sources and that
          the article published by the weekly Teh'ran Timeaon 7 December l989cited the
          off icial news agency IRNA as its source.. Re expressed the view that the
          number of executions should be reduced considerably and many offenders should
          be rehabilitated to'allow them to return to their.'place in society. The
          Prosecutor said that no public executions had taken. place in the last
          five months and that criticism of ‘theGovernment on that point was no longer
          valid.
          134. The Special Prosecutor then referred to the allegation that political
          prisoners had been executed on the grounds that they were drug traffickers.
          He firmly denied the allegation, which had been circulating abroad for several
          months. The Government. provides anyone who wishes to conduct a thorough
          investigation with case files proving that all those executed were genuine
          drug traffickers
          135. In connection with the statements made by witnesses in a previous report
          (A/441620, para.. 42), the Special Prosecutor made the following comments:
          (a) Nasser Mohammad Tachi, a political.prisoner allegedlyexecuted 'as a drug
          trafficker, does not exist, his name does not appear in any file and no one of
          that name has been executed; (b) the allegation that several executions took
          taken place in Monirieh Square is false, as that square has never been used
          for executions; (c) executions have taken place in Moshiri Square, but none ‘of
          those executed were named in the report; (d) three executions took placed in
          Hashemi Square, but none of those executed were named in the report The
          Spe iaI o é 'cutorrea4, out the names of the persons executed n the- - —
          above—mentioned Squares. The- Special Re r.eséntativé 'toók'iictë ‘f:'th
          explanations and repeated his request that detailed replies shOuld be
          submitted to the conmiuiiications he. hadtransmitted to.. the Government in. the
          past several years. He:'sEid thatthe explanations he had just received:
          confirmed the importance of such replies. ‘ ,. . . :
          136. The discussion then turned to the question of excessively speedy
          proceedings which involved drugtrafficklng and which suggested that there was
          not enough time to ensure guarantees of due process of law. The Special
          Prosecutor denied that proceedings lasted betweenthreeand/ ten days, although .:
          he acknowledged that it was impossible ,to ensure due process of'- law in so
          short a time. The average d'ur ation of proceedings was seven months and,in
          extremely serious cases, five months. The Special Representative said that
          the source of his information on the time limits referred to in his reports
          was the Iranian Government itself, as a high Government official had mentioned
          those time limits in. a radiobroadcast. The Special Prosecutor said that not
          all. high Government officials were well informed.
          137. Lastly, the issue of the presence and functions of a lawyer in the
          defence of accused personswas discussed at length. The Prosecutor said that,
          under article 35 of the Constitution, all accused persons were entitled to a
          defence counsel. Although that was the rule, he said that, in some cases,
          accused persons refused to accept a defence counsel, while, in others, lawyers
          refused to take on cases because they, considered them indefensible. Moreover,
          there was no sense in appointing a lawyer in cases .of flagrante delicto in
          which the accused had confessed to the crime. The Special Representative said,
          that, in his opinion, it was necessary to establish a procedure effectively to
          
        
          
          E/CN.4/ 1990/24
          page 31
          ‘.1 ensure without any room for doubt that no accused person, unless he himself
          was a lawyer, was without a defence counsel; that, on the basis of that
          t principle, it should be considered that the right to a defence counsel could
          not be waived; and that, if a lawyer refused to take on a case, others should
          be chosen until one finally accepted. Although it might sometimes be
          difficult to find legal arguments for the defence, there were always
          humanitarian reasons br asking if not. .for. acquittal, at least for a lesser
          sentence The law should also take account of the position of lawyers who
          refused without good reason to .be court—appointed defence counsel, for that
          was part of their professional function and., just as doctors must not refuse.
          to treat patients, so lawyers. must not refuse to defend accused persons unless
          there was some serious impediment which the judge should clearl.y state The
          Special Representative said that, if the rule was that no trial could begin or
          continue without defence. counsel, it..could be ensured that all accused persons
          had the necessary legal assistance for their defence.
          .,
          8. Meeting with the Director—General of Prisons
          138 On 25 January, the Special Representative visited Mr Lajevardi, the
          Director—General of Prisons, who drew his attention to the significant
          improvements in the prison system made on the basis of the principle that the
          objective of imprisonment was not vengeance, but rehabilitation, that no one
          “1 was naturally bad and that all persons were capable of being re—educated.
          f . Accordingly, prisoners had been provided with televisions, radios, newspapers,
          primary and secondary education, and even university education in sorne..c ses,
          as, well as with workshops and religious instruction. Religious instruction
          f had yielded extremely satisfactory results in terms of the moral reform of
          prisoners. Doctors, psychiatrists, social workers and other specialists were
          on hand to apply three methods of rehabilitation on an experimental, basis.
          .. Psychotherap ..was.. .yie1ding the....best results wi.th ..regard ,...to.th .rehabiiita tion. ,
          of prisoners.'—--— “. ‘- ---‘- -‘-‘-‘ -‘ “ .. .
          139. The Director—General said that his office consisted of four divisions:'
          cultural, judicial, financial and law and order. He reported that èlenency
          measures were adopted each year and showed voluminous files containing data on
          prisoners who, once their behaviour had been evaluated, would benefit from
          such measures within a few days.
          140. In reply to a question by the Special Representative, the
          Director—General said that persons convicted o'f, terrorism ‘and drug. trafficking
          benefited from improvements in the prison system on equal terms with ordinary
          offenders. Drug addicts were Initially detained for two months, during.whicii
          time they were helped to give up the habit, but, if they relapsed, they , ,were
          sent to labour camps which operated as rehabilitation centres. There was no”,
          central register of prisoners in Iran and each prison kept its own register
          9. Visit to Evin prison
          141. In the afternoon of 25 January, the Special Representative visited Evin.
          prison. He first went to a workshop and then to other parts of'the prison.
          He was welcomed on arrival by a choir and a small band made up by prisoners.
          
        
          
          EIcN.4/ 199O/ 24
          page 32
          142. After visiting several workshops, where he learned that prisoners who
          work earn wages, the Special Representative talked with five prisoners who
          were waiting for him in a room. They said that they were all former members
          of the People's Mojahedin organization who had taken part in the July 1988
          invasion and had been sentenced to death, although their sentence had later
          been commütêd to 20 years' imprisonment. The Special Representative spoke
          with other convicts chosen at random in the corridors, one of whom said that
          he had been a high—ranking military off icel in the armed groups that had
          invaded Iranian territory in 1988. Many of the prisoners had apparently
          belonged to the above—mentioned organization and their death sentences had
          been commuted to 20 years' imprisonment. They all gave their names, but
          requested that they should not be revealed.
          143. Three former members of the Tudeh Party, Mr. Kianouri, its former
          Secretary—General, and two other members of the party, one a high—ranking
          member and the other a grass—roots member, were in one of the cells.
          Mr. Kianouri allowed his -name to be used in the report, but the two other
          prisoners did not. Mr. Kianoüri hotly denied that he had spied for a foreign
          power and conspired to overthrow the Revolutionary Government In the
          presence of Evin officials and employees, he said that he had ‘been tortured,
          showed his partly paralysed hands and crushed fingers and described thè
          beatings and otherhumiliations he hadsuffered. He was genuinely distressed
          and his attitude was a mixture of protest and despair
          l44 The youngest of the three, who was a grass—roots member of the party,'
          said that his party had spied for a foreign power and conspired to overthrow
          the Government, an assertion which was firmly denied by the other pri Oner and
          led to sharp words between them. The high—ranking member calmly described
          -. in prison for 25 years under the Shah and i
          Evin f-or 7 years The three prisoners iiii e the amé cell -
          • 145. The Special Representative then visited a women's section, which is
          separate from the men's and where the prisoners he questioned said that the
          circumstances of their trial and imprisonment could be described- as normal.
          They had neither been tortured nor subjected to ill—treatment ând,'in prlèon,
          they were able to use the facilities described by the Director—General ' '
          ftL 146. During his visit to women's section 7, the Special Representative saw a
          seven or eight—year—old child and immediately tried to determine what she' was
          doing in the prison because he assumed that she might be the child who,
          according to a statement he had received in Geneva, was stIll •in prison
          because her mother had escaped. According to the explanations -he was given,
          the child he saw lived with her family, but had come to visithèr mother,-who
          was serving her sentence. She was the only child the Special'Representative
          saw in Evin. -
          147. The Special Representative asked for permission to visit the prison
          basement and was told by the Director that there was no basement at Evin. The
          prison was located on a steep slope at the foot of the mountain and, from
          above, the first floor seemed lower, so that people usually referred to it as
          the basement, but it was obvious that they meant the first floor.
          
        
          
          E/CN.4/1990/24
          page 33
          148. While visiting the cells, the Special Representative asked for permission
          to visit Mr. Roger Cooper, a British citizen who has been in prison since
          December 1985. His request was turned down by the Director of Evin on the
          grounds that the prisoner was a self—confessed spy who was in solitary
          confinement and whose sentence had been handed down a month earlier and was
          currently being translated from Farsi into English. In reply to the
          Special Representative's question concerning the penalty to which the prisoner
          had been sentenced, one of the prison officials said that he had been given
          10 years in prison, but the Director saId that he was not sure exactly how
          many years he had received.
          149. The Special Representative asked to visit the prison records office. He
          examined the card file and then gave the names of 12 persons who were in the
          prison, according to information he had received earlier, and whO would
          constitute a sample,as their cáse were all intereèting and different. The
          nameof Only, One of the 12 persons was in the card'file and the -Director of'
          the prison ordered that the fileè, which were in another office, should be
          consulted. After a few minutes' wait, the Director said that the other office
          was closed because it was Thursday afternoon and the person-in charge had
          left, since Friday was a day off The Special Representative asked to be able
          to speak with four prisoners whose presence in Evin had been confirmed The
          four appeared lo give theirtestimony in private, but they requested that -
          their names and testimony should not be published because they hope to benefit
          from clemency measures quite soon
          10. Visit to Parliament
          150. The Spéciàl Representative visited Parliament, where he spoke with a
          group of deputies that included representatives of the officially recognized
          eligious minorities, n iy, the Armenians, Assyriàns, Jews and - -
          -— Zor-eastrians Most of - the conversation was wLth .Mr Rajai, former
          Permanent Representative to the United Nations añdnow Chairman of -
          the Parliamentary Commission for Foreign Affairs.
          151. AinbassádorRajái explained that candidates for the post of deputy are -
          all individual candidates, not party candidates, and that, once they have been
          elected, they choose one of the two groups to which members of Parliament
          belong, the extremists and the moderates, although the blocks are not - -
          immovable since a deputy can take the extremist line on some matters and the'
          moderate line on others. - V ‘ 1
          152. He said that, at the beginning of each session, two deputies may speak d i i
          any topic for 10 minutes each. They choose the topic freely and then the '-
          items on the agenda are dealt with. -
          153. The Parliament divides its work up among commissions and ‘ -
          sub—commissions. Each ministry has a commission to examine its affai s,but
          there are more commissions than ministries. Each commission is composedof -.
          13 members. V -
          154. The people choose between individuals, not between parties. Each . 1
          individual conducts his own political campaign and candida es may forni- ‘
          alliances to support one another. Representatives of the religious minorities
          are elected by their respective communities, but they represent the peoplé ' as
          a whole on the same footing as other deputies.
          
        
          
          E/CN.41199O1 24
          page 34
          155. At the request of the Special Representative, Mr. Rajal described the new
          Penal Code and its contents. The Code is currently being reviewed by the
          relevant commission, although it has already been the subject of close
          scrutiny by experts, and, if it is adopted by Parliament, it will then be
          referred to the Council of Guardians. It is not yet possible to know what
          final text will be adopted.
          156. At the end of his visit, the Special Representative attended a plenary
          session of the Parliament.
          11. Round table at the Ministry of Foreign Affairs
          157. Ayatollah Jennati, a member of the Council of Guardians, chaired the
          round table which was attended by other members of the Council, the Director
          of the Inspectorate General, the Deputy to the Head of the Judiciary, the
          Chairman of the Bar Association and officials from the Ministry, of Foreign
          Affairs.
          158. Ayatollah Jennati explained that the Council of Guardians, which is
          composed of six legal experts and six religious authorities, is responsible
          for validating the laws adopted by Parliament in order to ensure ‘that thé are
          constitutional and in keeping with Islamic principles. The H ad of the
          Judiciary appoints the legal experts, while the religious authorities,: are
          appointed by the Leader. The laws cannot be applied without the approval Of
          the Council of Guardians.
          159. The Government draws its legitimacy from the Leader, whose human and
          intellectual qualities are defined by article 109 of the Constitution.' ‘The
          Leader is chosen by a popular movement from among the country's most
          ou tanding 'reiigiOUs dignitaries TheAssembly of Experts, which is elected
          by the people for eight years, is empowered to amend the Constitution “and'tó ''
          dismiss the Leader if he is no longer fit for office
          160. Ayatollah Jennati. stated: “The. Revolution is based •n Islamic
          principles, the degrees of the Prophet, the Koran and tradition emanating from
          the Prophet These principles are compulsory and can admit no compromis In
          contrast with other countries in which secular principles prevail, religious
          principles play a leading role in the Islamic Republic of Iran. ‘‘The ‘
          Revolution that occurred in Iran has been under constant threat from those iho
          wish to destroy it. It is difficult for those who live in a peaceful ‘
          environment to understand this situation. As long as these points are not
          understood, it will be impossible to solve the problems”. . ‘ -
          161. In reply to a question on the role of international law in that context,
          Ayatollah Jennati said: “Any rule of international law that is not contrary
          to Islamic principles' can be accepted, but a rule which flagrantly violates
          those principles will have to be rejected by the Islamic Republic of Iran . If
          it has to make a choice, the Islamic Republic will choose Islamic ‘
          principles”. He said that an Islamic book dating back several centuries had
          been recognized as a source of international law. He also pointed out that.
          Islam attached greater importance to human rights than was the case in many
          countries and that a draft Islamic declaration on human rights had recently
          been prepared by experts meeting in Tehran.
          
        
          
          E/c N.4/l99O/24
          page 35
          162. The Ayatollah replied affirmatively to the Special Representative's
          question whether he considered it worthwhile to prepare an academic programme
          designed to identify points of conflict or potential disagreement between
          international law and Islamic law.
          12. Meeting with the Deputy Foreign Minister for Legal
          and Consular Affairs
          163. The Special Representative also-met Mr. Mir Mehdi, Deputy Foreign
          Minister for Legal and Consular Affairs, who was accompanied by several senior
          officials in the Foreign Ministry. The Deputy Minister informed the Special
          Representative of the constitutional provisions governing the legislative
          process and according to which laws may be proposed both by members of
          Parliament and by the administration in the form of Government bills
          Government bills have to be ratified by the Council of Ministers All
          propos .ls have to be examined by the relevant parliamentAry commissions or
          sub—commissions. After their adoption by the plenary, laws have to be
          approved by the Council of Guardians (see para 158) and are subsequently
          promulgated by the President and published in the Official Gazette They are
          enforceable 15 dAys after their publication. The Gó' ez ent can formulate
          procedures for the practical implementation of laws.
          164 The Deputy Minister also handed the Special Representative eight folders
          containing letters and dbcurnentary material submittedby the Organizationfor
          Defending Victims of Violence as follows
          (a) One folder containing some 100 letters of identical content from
          perso is whose family members were victims àf terrorist attaáks. The letters
          are individually signed and the relatives ask that the Mojahedin who are
          - esponsib-le• -shou1•d e-brought -to trial and- request pa ent- for-the damage-they
          have incurred, as well uiblbod money
          (b) One folder containing 66 letters denouncing acts of terrorism by the
          Mojahedin. - -
          (c) Several pamphlets issued by the above—mentioned organization.
          (d) A summary of reported acts of terrorism as claimed by the Mojahedin
          organization since 1982.
          (e) A folder containing a letter from the above—mentioned organization
          listing 268 names of disappeared persons who were reportedly seen on
          ,television abroad and alleging that the Mojahedin organization used these
          persons as mercenaries and spies against the Islamic Republic of Iran.
          (f) An account of a bomb explosion in Parliament in 1982 which killed 72
          persons.
          (g) Over 100 letters signed “victim family” denouncing the killing of
          relatives by the Mojahedin with clippings from the Mojahed newspaper claiming
          responsibility for the killings.
          
        
          
          E/CN.41199O 124
          page 36
          (h) A video cassette containing a documentary of a bus explosion in
          Shiraz in 1981.
          (i) A folder containing signatures of families of alleged victims of
          Mojahedin terrorism.
          13. Meeting with the Minister for Foreign 'Affairs
          165. The meeting with Mr. All Akbar Velayati took place almost at, the end of
          the visit, so that it was possible to review the activities carried out
          166 The Special Representative again raised the question of executions and
          guarantees of due process of law The Minister showed him a ma of the
          Islamic Republic of Iran and indicated the route followed by drug traffickers
          across a desert which runs through the country from east to west and almost
          reaches Tehran No conclusion was reached on the matter at that tinie
          167 The Minister proved immediately receptive to other suggestions For
          example, it was requested that the International Committee of the Red Cross
          (ICRC) should regularly visit all prisons and monitor the treatment of all
          prisoners, including political prisoners The Minister replied that he would
          instruct his assistants ‘to initiate discussions with ICRC for that pi rpose.
          The suggestion that the Centre for Human Rights might provide the Government
          with technical assistance to improve the administration of the prison system
          and to train executive officials in the implementation of human rights in
          accordance with international standards met with a similar restionse. The'
          Minister also said that he was prepared to consider requests for, clemency
          submitted to him by the Special Representative on humanitarian grounds The
          following day, the Special Representative submitted such a request, which is
          feprodüced i r the—relevant -part of this report -(see para. 16)
          168. The Minister said that his Government was willing to establish broader
          co—operation with the United Nations in. general and with the Commiásion on
          Human Rights in particular. ‘ The possibilities that broader co—operation might
          offer in the immediate future were then discussed.
          14. Final meeting
          ‘169. On 28 January, after hearing several witnesses at. the United Nations
          Development Programme's office and seeing documentary films ‘at ‘the Ministry of
          Foreign Affairs on the arrival and the funeral of Imam Khomeini and on a bomb
          explosion at the President's off ice, a brief final meeting washeld with
          officials of the Ministry of Foreign Affairs. The Deputy Mini ter,
          Mr. Manouchehr Mottaki, Ambassador Tabatabai and Mr. Alai were present. The
          Deputy Minister summed up the Government's points regarding human rights. He
          described the recent hijacking of an aeroplane in the provinces as an example
          of terrorism in the country.
          170. The discussion then turned to another' step the Government, might take to
          improve co—operation with the Commission on Human Rights. For this purpose,
          the Special Representative said that detailed rep.iies to all the
          communications transmitted would be a token of broader co—operation and, in
          this way, it would be possible to proceed with inquiries into cases which are
          at the preliminary stage of investigation.
          
        
          
          E/CN.4/1990/24
          • page37
          171. The Special Representative handed Mr. Mottaki an aide—mémoire containing
          the following complaints received: information that, in the course of his
          stay in Tehran, some persons were threatened and others arrested, and the case
          of two women who had gone to the United Nations Development Programme's office
          and had not returned home. These reports were received over the telephone.
          The Government was requested to take positive action.
          C. Information received by the Special Representative
          from non—governmental sources -
          I. Oral information
          172. In accorñance with previous practice, the Special Representative received
          oral testimony during his visit to the Islamic Republic of Iran from persons
          claiming to have first—hand experience of the human rights situation in the
          country. Such hearings were due to take place at the UNDP Office in Tehran.
          However,on Monday, 22 January 1.990, tumultuous demonstrations began which
          • impeded the access of witnesses who had previously asked for appointments to
          the building where the UNDP Office is located The demonstrations later also
          spread to the hotel where the Special Representative wai staying, so th t it
          became impossible to hear all those whohad wanted to see him. On the other
          hand, many of the demonstrators also asked to be heard by the Special
          Representative and, given their large numbers, he could only accept such
          requests at random and hear two large groups col1eèti e1y. Summaries of the
          oral testimonies received are given below
          Executions
          173. Mr. Kianouri, former Secretary—General of the Tudeh Party, denounced the
          execut ion-of thousands of-young-people whom he considered teta1ly naocent - — -
          AIth6ujli €h yhad been aè e ó F oIIa.boration with th Tüdèh P ftyhe'
          considered himself exclusively responsible for any crimes ascribed to the
          Party. He handed the Special Representative .a copy of a letter he had sent in
          this regard to the leader of the Islamic Republic: Of Iran, Ayatollah Khamenei.
          174. MOteza Nosrati reported the execution of his brother Gholam Reza Nosrati
          in 1367 (1989), then 26 years old, on the charge of political activities.He
          said that his brother had been a member of the Arman (Shariati) organization
          which had promoted opposition to the Government by peaceful means. Afterwards
          h b àd joined the Mojahedin but had never been involved in acts of violence.
          - After his arrest in 1361 (1983), he was sentenced to eightyears'
          imprisonment. When the detainees at Rasht prison, where he was held,
          protested against the refusal of family visits, a group meeting. of prisoners
          with their families was arranged by the authorities During that visit many
          prisoners took off their clothes so that their relatives could see the extent
          to which they had been tortured. After this incident all visits were
          suspended and one year later Gholan Reza Nosrati was executed The family was
          informed of the execution only five months after it had taken place
          175 One witness who requested that her name should be kept confidential
          stated that her son, 18 years of age, was involved in the Islamic Revolution,
          but later joined the Mojahedin. The first attempt to arrest him was at his
          house, but he escaped. Two months later he was arrested in the street in the
          early hours and executed the same evening. She read about the execution in
          
        
          
          EICN.411990/24
          page 38
          the newspapers. The witness suggested that the Special Representative should
          visit the cemetery of Behest Zahra on the outskirts of Tehran where, on
          Thursdays, many mothers of executed persons mourn together at the mass graves
          where their children were buried.
          176. Another witness who requested that his name should be kept confidential
          reported the death of his son who was executed in the third quarter
          of 1989 (1367). His son was arrested in 1360 (1982) and accused of
          sympathizing with the Mojahedin.. Orig:LnaIly hehad been condemned to
          nine years' imprisonment, but was executed at the end of seven and a half
          years. The witness had no knowledge as to whether or not a second trial had
          been held prior to the execution.
          177 Another witness who requested that his name should be kept confidential
          stated that he had been an active supporter of Ayatollah Khomeini
          Nevertheless representatives of the Revolutionary Committees had broken into
          his house and arrested seven of his children They were accused of belonging
          to the Mojahedin, but this accusation was not corroborated by any evidence
          After the war, one and a half years ago, five of his children were executed in
          -a wave of executions of some 20,000 prisoners Two Sons were still in Evin
          prison, one of them sick and the other paralysed as a result of torture
          178 Another witness who requested that her name should be kept confidential
          stated that three men arrested together with her during a demonstration in
          Isfahan were executed In one of these cases, information from Tehran was
          receivedlaterthat he had beensentencèd to six month nl r . Acdbrding to
          the witness the governor was writing execution orders without awaiting the
          sentences A 50—year—old woman known in the city of Shahroud as
          Mother Eftekhari, who was just a passer—by at the time of the demonstration,
          was also a.rrested severely t tjjred phys1 a .ly ndp yqholQg1cally and
          executed aftei' 50 dayi— -‘While in jail, the witness met a girl who as later
          executed because he had un'g a Mojahedin song
          179 A father and his daughter, who requested that their names should be kept
          - confidential reported the execution In June 1988: of his son. He had been
          arrested while in possession of Mojahedin publications, but had consistently
          denied being in any way associated with that organization. When the father
          inquired from the judge, Mr Lajevardi, he was informed that there was no
          charge against his son Nevertheless, he was kept in prison for nine years
          and was severely tortured. In No' ember 1987, prison visits .wére suspended..
          In June 1988, the family received a call that they could go and -visit the •
          son. When the father arrived at the jail, he was beaten up arid tdld that his
          son had been executed. They were referred to a ma s grave without names and,
          although they searched for the body, they were not able to find the corpse.
          180. Two witnesses who requested that their names should be kept confidential
          reported the execution of their brother and son respectively. He was a
          soldier who had deserted from the front and had become a member of •the
          Mojahedin. He was imprisoned in the province of Khlalkhal in 1365 (1987)
          where he was allegedly tortured. During the time he was under arrest, the
          family tried to find an attorney for him, but the authorities said there was
          no need for it. The family was advised that he would be tried 10 days after
          his arrest, but he was executed by public hanging before that time had
          elapsed. The witnesses further stated that he was buried together with
          
        
          
          E/CN.4/1990/2 4
          page 39
          another executed,person in a remote mountain area. However, another brother
          dug up the body so as to give it a proper burial. The local Islamic
          Revolution Committee continued to harass the grandfather of the executed
          person and to search his house. Furthermore, an uncle was arrested and became
          handicapped as a result of beatings inflicted upon him at Sepah prison.
          181. One witness who said that she was the daughter of a Mullah from Mashad
          but did not want to disclose her name, alleged that a Mullah by the name of
          Ardabili had ordered the execution of -24 prisoners in Mashad without any prior
          judicial procedure'. Only one month ago two groups, of 17 and 15 persons each
          had been hanged on drug trafficking charges and their bodies had been disposed
          of in the city's sewage system.
          Denial of alleged executions
          182. Gholan ‘Reza Bagheban stated that ‘he had been arrested four times: his
          last arrest had taken place four years ago when he was held at Ahwaz prison.
          He had always been very well treated. During his time in prison, he saw his
          name in a Mojahedin publication, included in a list of people who supposedly
          had been executed. The witness affirmed that -he knewof many similar
          situations and at the Special Representative's request offeredto provide him
          later with a copy of the Mojahedin publication in which his name had appeared.
          l83 Another witness who requested that her name should be kept confidential
          stated that one of her friends (name not provided) had been listed by the
          Mojahedin as executed, but in fact was still alive.
          184. Several persons belonging to a group of 78 people-heard collectively by
          the Special Representative stated that their names had appeared in lists of
          execut d” pers'o s'-pub1-is -hed -'by- -the-M jahedin - rg-a iz-ation t- the •r-eques-t--o-f-.-.--—
          the ‘Speciil ‘kêp séxitá I e fà i± óf théni were' áblè tb idént±tj
          papers. The names of these persons are as follows: Ismail Zarei, Mabmoud
          Reza Said Nejad, Soghra Farhadi and Behnam Garai. The latter three provided
          corresponding pages of the Mojahedin newspaper.
          Acts of terrorism
          185. Reza Djamshidi Miandashti complained about the killing of his 16—year—old
          son in Shalanitcheh by the Mojahedin. At the age of 14, he had voluntarily
          gone to the war and had fought for his country until he was killed by the
          Mojahedin.
          186. Mr. Madjid Valizadeh stated that he wished to complain about the -
          terrorist activities of'the Mojahedin organization. He said he knew of
          several such incidents, including the case of a person who was skinned alive
          and of another who was burned alive during Mojahedin attacks against villages
          in the north of the country. He applauded the efforts of' the Government in.
          the economic, cultural and educational fields and inquired why the United -
          Nations had not sent representatives to investigate such serious situations as
          the use of chemical weapons by the Iraqi army or the recent invasion of Panama
          by the United States' of America.
          
        
          
          EICN.41199O/2 4
          page 40
          187. A witness who wished to have his name kept confidential described himself
          as an “independent citizen”. He stated that human rights were fully respected
          in the Islamic Republic of Iran. The Commission on Human Rights should rather
          have appointed a Special Representative for the situatIons in Panama and
          Azerbaijan. He wanted to protest about the Mojahedin and the attitude of the
          United Nations vis—à—vis the Mojahedin which he felt had not been impartial.
          He said that the Goverrunent was clement; on the other hand the Mojahedin were
          violent. He had witnessed two men attack a food shop and kill the owner only
          because he was a Hezbollah (partisan of Cod). The witness said that the
          persons who were asking to see the Special Representative had a very low level
          of education. Often theyhad lost a child one way or another and just wanted
          to voice their grief.
          188. Another witness who wished his name to be kept
          about the assassination of his father, a shopkeeper, by the Nojahedin. He
          said the sole reason for this murder was the fact that his father had been a
          very•rel±gious.man. The assassin was arrested, but did not seem to repent his
          crime. The witness believed that he was later executed. The witness also
          stated that his uncle was killed by the Mojahedin because he was collecting
          food and clothes for men fighting in the war.
          189. Another witness, who requested that his name should be kept confidential
          reported the death of his brother in 1360 (1982). The brother was a Hezbollah
          and was assassinated by the Mojahedin for this sole reason. Two attempts were
          made on his life... In the second,. he was killed in the street with ‘a machine
          gun.
          190. A group of six persons representing 78 people whose relatives had,
          allegedly been assassinated by the Mojahedin complained about the barbarous
          ayiii hi h't1iese killings had been carried cmt They tedtha-t in their
          opInion, every Mojahed had killed at least 100 persons. T ie ‘wit ies 'feIt
          that the United Nations should severely condemn the Mojahedin organization.
          One person in the group said that in her. fainily.f our people had been killed by
          the Mojahedin and that her son, before dying, had his two legs amputated. The
          witnesses also critized the allegations by the Mojahedin concerning executions
          and torture in the Islamic Republic of Iran. In this connection, they
          suggested the creation of an international commission under the auspices of
          the United Nations to investigate the •conditions in Iranian prisons. .
          191. A group of 68 persons, including some 20 Kurds, asked to be heard by the
          Special Representative. Several of them recounted their personal experiences
          as ex—members of the Mojahedin or as victims of Mojahedin terrorism. Some of
          them stated that the Mojahedin organization had induced them to show
          self—inflicted burns or other marks of torture in order to enhance the false
          propaganda, spread by the organization. Others denounced various acts of
          terrorism by the Mojahedin which ranged' from the killing of individual persons
          to the invasion of entire villages causing' the death of many people. They
          asked the Special Representative to inform the world about the real nature of
          Mojahedin activities in order to increase trust for .the United Nations among
          the Iranian people. A number of testimonies concerned people who had been
          included in lists of executed persons published by the Mojahedin, but were
          reportedly alive. Four participants in the meeting declared that their names
          had appeared on such lists and, at the request of the Special Representative,
          presented their identity papers (see also para. 184).
          
        
          
          E/CN .4/1990/24
          page 41
          192. Another group of some 60 Kurds and Turkomans were also received by the
          Special Representative at their request. Several Kurds reported crimes
          allegedly committed by armed groups of the Kurdish Democratic Party which
          according to them comprised 2,000 to 3,000 members and was supported by the
          Iraqi Government, as well as by armed groups of the Komala Communist Party,
          which had some 700 members. The terrorist activities of the latter were far
          more serious since they attacked entirevillages and, in contrast to the
          Kurdish Democratic Party,refused any negotiations with the Government. A
          person from Paveh (Kurdistan) related-how he was abducted and tortured by
          members of the Democratic Party and how they had fired at other civilians with
          rockets. Another person from the same city referred to the attack on a
          hospital, 10 years ago, by.l,700 members of the Democratic Party who had not
          even respected the symbol of the Red Crescent. He wondered why the Special
          Representative had not visited the area at that time. A Sunni (Hannafi
          branch) from the Turkoman desert alleged that Mojahedin groups tried to arouse
          anti—Shia feelings in his region by spreading false propaganda financed by
          Saudi money. He stressed that the Government was actively supporting
          religious activities by the Sunni minority. He also reported the destruction
          of houses in a village of his region by terrorist groups. Other crimes.
          allegedly committed by the Mojahedin were reported by a person from Western
          Islamabad, including incidents of mine—laying, the placing of bombs in cars
          and buses and the. assassination of six members of the same family in
          Ghalashahin. All these witnesses were unanimous in condemning terrorists acts
          by the Mojahedin and requested the Special Representative to report the
          situation to the international community.
          193. Another witness who requested that his name should be kept confidential
          said that he was detained from 1360 (1982) to 1362 (1984) in the prison of
          Mashad. He was a member of the Mojahedin organization when he was arrested,
          T.: — - but j- -since--then ,- he ha -r a-lized- how wrong- the obj-ect±ves-of -the-Mojajie-djn---
          - .• were. The witness believed that any action initiated by the United Nàtións
          should be balanced and one of the main objectives should consist in shedding
          light on the many crimes committed by the Mojahedin.
          194. Another witness who requested that his name should be kept confidential
          stated that he was a member of the Mojahedin. He was detained the firs.t time
          in 1359 (1981) for four months and again from 1362 (1984) to 1367 (1989). He
          was held in Ahwaz and Mashad prisons and in the prison of the Sepah. The
          witness described himself as being very active politically, even before the
          Revolution.. He declared that the Mojahedin were making the lives of their -
          imprisoned former comrades very difficult since they had left the country and
          exploited them from abroad. The Mojahedin deliberately misled peopleabout
          prison conditions. Despite the fact that he had been involved in armed
          struggle, he was allowed to see his wife who was arrested together with him
          already three days after their arrest. ,. . .
          195. Another witness who requested that her name should be kept confidential
          considered herself a victim of both the Mojahedin and the Islamic Revolution.
          Her husband had collected arms in preparing for the Revolution against the
          Shah. After the Revolution, he supplied some arms to the Mojahedin and was
          arrested and executed. She was also arrested but released after three years
          of imprisonment and found herself, left alone with three children, in a
          desperate situation with no help whatsoever from the Government or the
          Mojahedin. She felt that her's was a typical example of how the Mojahedin
          treated their former supporters.
          
        
          
          E/CN.41199O1 24
          page 42
          196. Four other witnesses who requested that their names should bekept
          confidential were also heard individually. They stated that they had been
          former members or sympathizers of the Mojahedin organization. They had
          repented and, after having served prison sentences, were released. They said
          that in prison they had always received decent and humane treatment. They
          denounced various atrocities committed by the Mojahedin and felt that the
          Special Representative should inform the international community of the brutal
          terror unleashed by that organization against innocent citizens. One of the
          witnesses, while, making his oral deposition, wrote a note to the Special
          Representative indicating that he had been forced to .state the above and that 4,
          many ex—prisoners had been induced by the authorities to make similar
          statements under threat of execution if they denounced their real experiences
          in prison. . . . . . .. .
          Torture
          197. Au Akbar Ghaffari stated that he had belonged to the military faction of
          the Mojahedin. He. had been detained from 1361 (1983) to -1-366 (1988) in Ahwaz
          rison, where. he-had nev.er witnessed any torture or been subjected to it
          himself, although from' time to time the wardens treated detainees roughly or
          occasionally slapped them. He was sentenced to life imprisonment but his
          sentence was subsequently' commuted. He stated that prison facilities were
          excellent, that food had been abundant and that he had received family visits'
          regularly. . . . ,
          198. Mr. Kianouri, former Secretary—General of the Tudeh Party, denounced that
          he has been kept in jail for 1.0 years, seven of, which he -spent at Evin ..
          prison. He said that, he was tortured several times and as- a .result his h'ands
          were partly paralysed. During his trial, he was not given the opportunity' to
          avail himself of a lejal oti isel - - - — - -
          199.' Mr. Tavassoli, a former Mayor of Tehran and member of the MOvement for.
          Freedom, related his experience during his detention of nine, months, eight and
          a half of which he was forced to spend in solitary confinement. He said that
          he was beaten, insulted, intimidated and forced. to remain, in cold cel1s or.
          seated on the same chair. for -long hours .. The purpose of such practices was to
          make him confess things he had never done (see also para. 208).
          200... Another witness who wished his name to be. kept secret said that he was
          arrested twice. The charges brought against him were financial support for
          the Mojahedin (first arrest) and writing Mojahedin slogans (second arrest)..
          The first time he was detained from 1360 (1982) to 1365 (1987) in Tehran
          (Committee and Evin prisons). He stated that on both occasions he was
          severely tortured. In Evin he was in section 4 where'detainees. were
          frequently tortured. According to his knowledge section 7 of Evin prison, was
          even worse as far as torture was concerned, The worst treatment to which he
          was subjected was the following: he was tied to a wire bed and beaten up for
          an extended period until losing the capacity' to' cry; he had- almost fallen
          unconscious. He described in detail the kind of beatings inflicted upon him
          and how gradually the sensitivity of the body decreased during, the beatings.
          Lashes on the soles of the feet were a frequent practice. He also said' that
          for long periods he was kept in solitary confinement with reduced food rations.
          
        
          
          • E/CN.4/ 1990124
          page 43
          • 201 Another witness who requested that her name should be kept confid ntial
          stated that she had been arrested in 1362 (1984) and freed in 1367 (1989).
          She had been a member of the Mojahedin and was involved, as was her brother,
          in armed struggle. She was sentenced originally to 12 years but her sentence
          was commuted at the time of the general amnesty. She stated that she was not
          tortured in prison. According to the witness, the Government seemed to know
          all the activities of the Mojahedin and had no need to torture the prisoners
          to obtain information. The witness stated that she was allowed to attend
          school classes while in prison. Her husband was condemned to death but his
          sentence had also been coimnuted. She saidthat she could visit him oncea
          week in jail and that all married couples were entitled to private visits.
          202. Another witness who requested that his name should be kept confidential
          stated that, he. had joined the Mojahedin in 1359 (1981). In 1361 (1983), all
          leaders of the Mojahedin started going abroad and left in his house a cache of
          arms. One night in 1362 (1984), he was arrested together with his wife and
          baby. He feared tha.t they would be executed because of the importance of the
          arms cache in their house. However, they were detained only for seven months
          at Gorgan jail. Later he was arrested for a second time and served a
          nine—month term in prison. He said that while in prison he did not suffer any
          torture or ill—treatment other than what was envisaged under Islamic law,
          mentioning lashing by way of example. His wife andchild received good
          medical care.
          203. Another witness who requested that his name should be kept confidential
          described himself as an éx—Mojahedin who had been involved in armed struggle.
          He was arrested by the guards and shot in the foot. He was first brought to
          Evin prison. After the treatment for his injury, he was transferred to'
          Ahwaz He was in pffson ffö m l36l (I983' ) to 1365 (1987Y His sentence had
          been commuted from 10 to 7 years. Currently he worked for the Government.
          During his time' in prison he had not leen or heard of any cases of tortire
          except occasional slapping
          204. Another witness who requested that his name should be kept confidential
          declared that he was arrested in 1364 (1986) in Sanandaj accused of
          sympathizing with the Mojahedin and was later transferred to Tehran, where he
          was held at the Committee and Evin prisons. He said that he stayed there' for
          nine months in inhuman conditions which he' described as follows: cells
          1.5 ,by 2 metres in size held 4 to 5 people and celli 3 by 5 metres in size as
          many as 40 people. The lights were always on and family vIsits very rare.
          According to the witness, about 90 per cent of the inmates he met had been
          either severely tortured or submitted to treatment akin to ‘torture. He
          himself was tortured by whipping with cables. When he fell unconscious, cold
          water would be sprinkled on his face. Another common method of torture was to
          whip the soles of the feet of prisoners and then force them towalk.. A
          variant of thIs torture was to dress the wounds and pull the dried dressing
          off the soles. The witness also said that his trial took five minutes and
          after serving his sentence he was on probation for three years'. Although ‘the
          three years are over he still has to report to the Islamic Revolution
          Committee once a month. In his family, three people had been ‘executed: a
          brother and two cousins.
          ‘I
          J
          
        
          
          E/CN.4/ 199O/ 24
          page 44
          205. Another witness from Isfahan who requested that her name should be kept
          confidential was arrested in 1360 (1982) while participating in a
          demonstration. She spent four years in the following jails: Ghezel Hessar,
          Karaj, Semrian, Ghom, Shahrood, Isfahan. After her arrest together with 27
          other women and 24 men six women were kept in cells originally designed for
          one person. At Ghezel Hessar prison, the door would be opened only one time a
          day to let them go to the toilet. Their hair was cut and 30. lashes per person
          were a frequent form of punishment. They were also taken to a corridor and
          forced to crawl while guards kicke4 them. One handicapped woman by the name
          of Zahra Gorgani was brutally whipped. The witness also reported the case of
          a mother arrested together with her two—months—old baby. The baby grew up in
          prison.
          206. Another witness from Mashad who requested that her name should be kept
          confidential referred to her five years' imprisonment in Evin prison. She had
          originally been sentenced to nine years on the charge of having contacts with
          Palestinian groups, but her sentence had been commuted to five years. She
          said that during her imprisonment lashing on the soles of the feet had been a
          common occurrence.
          207. Another witness who requested that his name should not be disclosed
          alleged that he had been tortured at Evin prison, where he had spent several
          years. The practices inflicted upon him consisted of whipping, being hung
          from the ceiling, being handcuffed or kept awake during extended periods. He
          had reported these practices to the authorities on a form which had once been
          circulated to the prisoners by the prison administration.
          Admi is atioi. of justice
          208. Mr. Tavassoli, a former Mayor of hran and leading
          Movement for Freedom, reported his arrest in June 1988 by a group of armed
          persons who broke into his house, took all his personal belongings, many of
          which had still not been returned, and brought him to Towhid prison where he
          was interrogated during five and a half months by agents of the Ministry of
          Information. He stated that he was not informed of the charges against him as
          required by article 32 of the Constitution and was not presented to a court
          within 24 hours, as stipulated in the same article. His interrogators were
          trying by every, means including beatings, insults and threats. to make him
          confess that he had passed information to the enemy. After three months the
          Prison's Organization complained about his treatment and after five and a half
          months he was transferred to Evin prison where he had to remain for another
          three months. Finally he received a list of charges as follows: activities
          against the security of the Government, activities to topple the Government
          andassistaflCe to the enemy. A meeting Prime Minister Bazargan had. withthe
          United States Ambassador in 1979 with the express agreement of
          Ayatollah Khomeini was cited asa proof for. these charges. He was held for
          eight and a half months in solitary confinement, although the law stipulated a
          maximum of four months. His complaints in this regard remained unanswered..
          After his release he was ordered to report to Evin prison where he was treated
          harshly and again threatened.
          209. Mr. Yazdi, former Foreign Minister in the first provisional Government
          after the Revolution, referred to cases in which persons had not been released
          at the end of their prison sentences; some had been retried, some executed and
          yet others simply kept in detention. He mentioned in particular the case of
          -4
          
        
          
          E/CN.4/1990/24
          page'L 5
          his nephew Hassan Zadiri who was arrested instead of his brother, who had
          absconded. He was tried after three years of detention and sentenced to
          another seven years. Last year his parents were informed that he had
          committed suicide. When the parents expressed surprise that his corpse was
          black, the official version given for the reasons of his death was changed to
          food poisoning. He and Mr. Bazargan also referred to other cases of
          substitute prisoners, such as Dr. Yaya Naziri, held at Evin prison because the
          authorities had not been able to arresf his son, who had absconded.
          210. A witness who requested that his name should be kept confidential
          reported the arrest, in 1981, of All BaniHashemi when he was 22 years old.
          According to the witness, Ali was now being held at Nazi—Abad prison in
          Tehran. The circumstances of his arrest were described as follows: Ali with
          a group of 90 other people were celebrating an Islamic holiday when members of
          the Regional Committee invaded the place and arrested them. The witness
          stressed that this had not been a politically motivated meeting but a
          get—together of young Muslim people. Au wasreleased the; same day, but the
          Islamic Revolüt ion Committee recalled him and he was sentenced to life
          imprisonment. The sentence was sübséquently commuted to seven years, but 20
          of his friends arrested on the same occasion were executed. During the
          summarytrial ofthe whole group, no defence was admitted. Although Ali had
          spent eight years and seven months in prison, he was not released The prison
          administration had simply advised the family that his sentence had again been
          changed to life imprisonment without any additional trial.
          211. Another witness who reque stéd that his name should be kept confidential
          stated that he was a former member of the Mojahedin and had served two prison
          terms for this reason. He said that shortcomings in the administration of
          3ustice wer not.a G Verñment policy hut the resultT of irresponsible ãcti of
          individuals in the lower strata of the administration.
          212 A group of three witnesses who requested that their names should be kept
          confidential alleged that there was a high degree of arbitrariness in the
          application of the law. In cases before the Islamic Revolution Courts, for
          instance, the defendants were hardly ever informed of the charges, but merely
          asked what they believed to be the reason for their arrest and trial. Death
          sentences before these courts were rendered . in a summary procedttre. No
          lawyers were admitted and no witnesses presented by the defendant were
          examined. Until recently, all death sentences had to be approved in Qom, and
          currently by the äompetent section of the Supreme Court; but the files
          submitted for approval never contained any statements by the defendants.
          213. An experienced lawyer who was able to continue his practice after the
          Revolution severely criticized the arbitrariness of legal procedures in many
          respects. He stated that lawyers generally did not believe in the legality of
          the courts and the law applied by them. Several laws had been adopted by
          specialized councils without passing through the Parliament. Matters
          concerning the clergy were dealt with by special cdurts protecting the
          clergy's privileges. It was very difficult for attorneys to function
          effectively within a framework of illegality. Before Islamic Revolution
          Courts no legal repesentation was possible and no appeals were admitted. In
          cases of death sentences passed by these courts the defendant was never
          informed of his condemnation. Such sentences were reviewed by the competent
          
        
          
          E/CN.4/1990/2 4
          page 46
          section of the Supreme Court without the defendant's knowledge that he had
          been sentenced to death and without any further hearings. Other sentences
          were generally read out and the right to appeal existed; however in
          politically sensitive cases lawyers were reluctant to plead .for the accused.
          214. Another witness who requested that his name should be kept confidential
          stated that he had been arrested for supporting the .Mojahedin. He described
          his trial as follows: Without advance nOtice he was presented to amullah who
          put some questions to him. A few minutes later he was given a verdict of two
          years imprisonment. No lawyer was present. He also stated that during the
          period of interrogation while waiting blindfolded for his turn he heard the
          cries of many persons including a woman and her baby. This was intended to
          intimidate prisoners before interrogation.
          215. An engineer who requested that his name should be kept confidential
          alleged that, in 1361 (1983), when he was 29 years old, representatives of the
          regional Islamic Revolution Committee ransacked his home and the business he
          had with his father He later started another business, but two factories he
          had created were expropriated, one of them upon a decision by the local
          governor and the local imain.. He had taken his case to a court which decided
          in his favour However, the sentence was never accepted He promised to
          forward documentation as to the veracity of the facts he had reported He
          added that the many arbitrary decisions taken by the authorities and the lack
          of effective legal remedies were completely paralysing the country's economy.
          He also stated that two cousins of his (names provided) were executed in 1982
          and 1983 respectively for no apparent reasons although there had been rumours
          that they were sympathizers of the Mojahedin.
          Right tp leave the country - - —
          216. A translator of technical books who requested that his name should be
          kept confidential stated that for the last five years he had been unsuccessful
          in his attempts to obtain a passport to continue his studies abroad No
          reason for the refusal was ever given His passport had been confiscated when
          he tried to leave the country five years ago
          217. Another witness stated that he was a former member of the Mojahedin and
          therefore wished that his name be kept confidential He had been in prison
          twice but wasP no longer obliged to report regularly to the Islamic RevolutIon
          Committee. He had asked for a passport to leave the country, a request whiâh
          had been refused so far. He believed that the reason for the refusal was his
          former involvement with the Mojahedin.
          Right of peaceful assembly and association
          218. The Special Representative met Mr. Bazargan, Prime Minister of the first
          provisional Government after the Revolution and president of the Movement for
          Freedom of Iran established as a political party in 1961. He stated that the
          Movement for Freedom has been kept alive despite considerable restrictions
          imposed on its activities. Its newspaper had been confiscated illegally and
          attempts to obtain a judicial, decision on this matter had failed; according to
          an oral response by the authorities the respective file had been lost. The
          offices of the Movement were confiscated in June 1988 and four of .its leading
          members ‘had been arrested, including Mr. Tavassoli, a former mayor of Tehran,
          who was also present at the meeting. The telephones of the Movement were
          
        
          
          E/CN.4/l990/24
          page 47
          tapped and its mail was opened in clear contravention of constitutional
          guarantees; moreover, Its members were frequently intimidated or harrassed.
          Most, of the leading members of the Movement for Freedom and their families had
          suffered from bomb explosions in their houses and the situation in the
          provinces was even worse. All these limitations were aimed at cutting the
          • contact. of the Movement with the population. The Movement only participated
          in the first election after the Revolution but not in subsequent elections •in
          which they were prevented from participating freely. He himself had for
          • instance not been approved as a candidate for the presidential elections. The
          legál situation of the Movement for Freedom was képtin suspense although
          • article' 26 of the Constitution permitted the formation of political parties
          provided they did' not violate the principles of independence, freedom,
          national unity, the criteria of Islam, or the basis of the Islamic Republic.
          The Parties Act was approved by Parliament in 1981, but the ccmmittee in
          charge of its implementation, as provided for in article 10, was constituted
          in late .1988 only. Although the Movement for Freedom had submitted all the
          required information, its application had so far not been dealt with.' The
          ‘article 10 Coñimissión practically never met and so far had only approved the
          statutes of associations and parties such as the Women's Association of the
          Islamic Republic of Iran, headed by the daughter of Ayatollah Khomeini,' the
          Militant Clergy Party and a third association close to the Government
          • 219. The Special Representative met members of the “Association for the
          Protection of Liberties and Human Rights” who described the difficulties they
          were facing in their activities. They stated that the Association had been
          founded' four years ago and its charter which only contained principles
          recognized by the Constitution had been submitted to the Ministry of Interior
          for approval Nevertheless, the Association never received an official
          recognition of their'statute Last yèãt they:receiv ed forms from the
          • authOrIties which were duly completed, but no reply was given to their request
          for official recognition The authorities had occupied the Association's
          off ices one and a half years ago and its chairman was arrested on that
          occassion All attempts the Association had made to get access to printing
          houses. in. order to circulate publications had been obstructed systematically.
          They could, however, circulate by hand photocopies of their' ewsletter.
          Similar restrictions were also experienced by other organizations trying to
          promOte human rights and freedoms, such as the Movement for FreedOm of former
          Prime Mitiister Bazargan. ‘
          Right to legal cOunsel , ‘ ‘
          220. The Special Representative visited the Bar Association where he was
          received by its president, Mr. Eftekhar Jahroumi, and four members of the
          Association. He was informed that the Association comprised some 2,000
          lawyers in the whole country, 100 of which were women. Fifty—f i re per, cent Of
          the attorneys exercised their profession in the capital. In ad'dition .400
          trainees (130 women) would be eligible to become lawyers by l990. The' bar
          examination could be taken with a bachelor of law degree after one year of'”'
          training. Membership of the Association was mandatory for all, courts. The
          president of the Association explained that the Revolutionary Council had”
          passed a law concerning procedures for the establishment of professIonal
          associations which was endorsed by the High Judicial Council (the functions of
          which are now exercised by the Head of Judiciary). Subsequent to the changes
          introduced by that law and in view of the fact that the old president and
          board of the Association had either left the country or their licences had
          
        
          
          E/CN.4/1990/24
          page 48
          been cancelled by revolutionary courts, he had been appointed to direct the
          Association on a provisional basis. Altogether some 50 licences of members of
          the Association were cancelled in the first years after the revolution; during
          the past five years, however, only two such cancellations were decreed. The
          provisional period would be over in 1991 at which time the members of the
          Association would again be able to elect their president and board members.
          The president of the Association stressed that every person could freely
          choose a lawyer tà represent him before the courts. In a number, of cases the
          appointment of an attorney was mandatory. The Association also provided free
          legal services to penal courts in cases in which the defendant could not
          afford to pay ‘for a lawyer. He recognized that in the aftermath of the
          revolution the role of attorneys was not ‘viewed positively, but gradually the
          situation had improved The Association was a member of the International Bar
          Association, was providing health.and life insurance plans to its members on a
          voluntary basis and was presently preparing a retirement plan The
          Association was also giving its opinions on draft laws' at its own initiative.
          221. An attorney and former judge with 30 years of professional experie 1ce
          reporte'd severe restrictions of the rights stipulated in article' 14 of the
          International Covenant on Civil and Political Rights, in particular before the
          Islamic Revolution Courts. ‘ In general, lawyers were not admitted before these
          courts and were harrassed or intimidated if they tried to insist. One
          well—known case in this regard was the trial of Mr Entezam, a former
          Ambassador to Sweden, accused ,of unauthorized contacts with representative's of
          the United States of America. ‘But even in ordinary penal cases lawyers' had to
          be very careful and he,referred to the example of one of his colleagues who'
          after having asked for an additional hearing in a suit was indicted and
          .--conde ed for undue.in.terference in the pro.ca.dure.. .The prac.t.ice of,,impedinE ‘ -
          “la jer ”to ct as becomingworse' and extended also to other' courts such as
          the special civil cOurts dealing with family questions. Héfurther ,stated
          that the Bar Association had never been formally dissolved, but that some 50
          lawyers were informed through official announcements in the newspapers that
          they had lost their licences in accordance with rulings by Islam ic Revolution
          Courts. At the beginning of the Revolution the president and most of ‘the'”
          members of the' board of directors of ‘the Bar Association had either been
          arrested or had fled. A' ‘new president had therefore been appointed by the
          Ministry of Justice in order to get access to the Association's accounts. He
          accumulated many functions including that of legal advisor to the President.
          The witness further stated that lawyers like himself had to pay their
          contribution to the Association but did not get any' support from it.
          ‘ Situation of the Baha'is ‘ -
          222. The Special Represent'ative also met leading personalities of the Baha'i
          community who confirmed that the situation of their members had generally
          improved. Nevertheless, all religious shrines remained confiscated. In the
          past year Baha'is had benefited from a more tolerant attitude on the part of
          the authorities. In this connection, they handed to the Special
          Representative a recent circular issued by the Prime Minister which is
          reproduced in annex V.
          223. The witnesses also reported that at the primary and secondary school
          levels no problems had occurred in recent months. However, only four Baha'is
          had been admitted to universities. It was now easier for Baha'is to obtain
          business licences, but many properties remained confiscated and petitions in
          
        
          
          E/CN.4/1990/24
          page 49
          ‘.4
          this regard were not being given due consideration. In one such case in,which
          the owner of the property had also. been arrested, a court in Qom had ruled in
          his favour. However, the person was still being detained at Evin prison and
          • the property had not been returned.
          224. Many difficulties were alsobeing faced with regard to Government
          • pensions. In some such cases Baha'is had to pay back not only the pension but
          also all salaries received as of the dat '. of their first Government
          employment. Those who refused or were simply unable to do so had to face
          severe prison sentences. Another major problem consisted in the fact that
          most Baha'is were refused passports. In the past 10 months, some 1,000
          persons had applied, but only three had actually received a passport. A
          further 15 had been called for questioning to the President's Office without
          any result to date.
          Situation of the Armenian minority
          225.. On Friday,. 26 January, the Special Representative visited an Armenian
          association called Ararat. The association's social and cultural activities
          are held in a very spacious gymnasium in a district of Tehran. During his
          conversation with members of the executive board, the. Special Representative
          • : ‘ , ; received information •on the activities and way of life •of this religious
          minority. He was told that the life of other religious minorities is
          similar. On 20 January, he also paid a brief visit to an Armenian church
          during ,Sunday mass.
          • 226. The. cultural and social centre he visited has 2,000 members of all ages
          and the executive board and the administrators are chosen by direct vote.
          Alongside the centre there is an old effclbs A flienian
          church which is still in use. In September every year, the association
          organizes “olympic games” at which many Armenian athletes and sports lubs
          from throughout the country compete. The twenty—second olympics were held in
          1989. More than 15 similar associations. are. in existence in Tehran..
          227. The Armenian religious minority, consisting of about 200,000 people, is
          concentrated largely in.Iehran and has smaller groups of 5,000. to 20,000
          people in Isfahan, Ourmiyeh, Tabriz and Arak The Armenians have two deputies
          in Parliament, one representing those from the north and another representing
          those from the south. About 30,000 are registered voters. Several, candidates
          present themselves for .a parliamentary seat. In Tehran, they publish a.weekl'y
          intended chiefly, to report, on Armenian communities throughout. the world. The
          Special Representative had an opportunity to talk with the editor of the
          weekly. . . . ..
          228. Both the Armenians and the other religious minorities freely practice
          their religion. In Tehran, the Armenians have seven active churches and.
          twelve in Isfahan.
          2. Written information . . •
          229. During his visit to the Islamic Republic' of Iran, the Special
          Representative received hundreds of letters and other written communications,
          mostly in Persian, from Iranians living in the country. Communications from
          the Organization for Defending Victims of Violence were handed to the Special
          Representative by the Iranian Ministry of Foreign Affairs. In view of the
          
        
          
          •1
          E/CN.4/1990/24
          page 50
          short time between the completion of the visit and the date on which the
          present report had to be finalized, it was not possible to examine and analyse
          all written communications in detail. The Special Representative has,
          however, made an attempt to categorize the allegations they contain as follows:
          (a) A large number of identical letters from “a group of freed political
          prisoners” refute allegations of arbitrary arrest or torture and state that
          former prisoners are now living a normal life as free citizens who enjoy all
          the “available social advantages”. Similar letters were received from other
          former prisoners writing that they were deceived and misled by the Mojahedin
          and denouncing the silence and inactivity of the United Nations with regard to
          their grievances. They claim that the Mojahedin no longer enjoy any popular
          support, that they kill and threaten innocent people, “savagely torture
          pasdars” (revolutionary guards) and collaborate with Iraq. They also accuse
          the Mojahedin of compiling lists of people allegedly executed who are in fact
          alive and well.
          (b) In a considerable number Of letters ex—prisoners state that they
          were arrested but never tortured and speak of “excellent living conditions and
          humane treatment in priéOns”. Many of these letters expresá the view that the
          Government effectively helped fOrmer Mojahedin to “réintegraté into èociety
          and work as useful citizens”. They also emphasizethat fundamental freedoms
          are respected in the Islamic Republic of Iran
          (c) In a third category of letters, the writers complain about notbeing
          able to keep their appointments at the United Nations Development Programme
          office since they were prevented from entering. Many letters contain
          al.-legat.ionsas follows..:... a.number . . red before the Special
          Representative's visit and instructed to paint a rosy picture of pri on
          conditions. They are said to be under close surveillance and. might returnto
          prison when the Special Representative leaves the country. The conditionsin
          prisons are described as deplOrable, in particular with regard to solitary
          confinement, sanitary installations, heating, venti1at on, hot waterand
          blankets as well as diet. The families of prisoners claim that they are
          subjected to intimidation, harassment and ill—treatment during visits They
          also denounce tOrture and ill—treàtmOnt of prisoners and say that when they
          are told that a prisoner is in hospital this means he has been severely
          beaten. it is further stated that prison directors systematically abuse their j
          position and their decisions appear to prevail Over those of the judicial
          authorities. Other allegations concern the raping of women who have been
          sentenced to death, the denial of medical assistance to prisoners, cases of
          execution after the completion of prison sentences and the virtual
          impossibility for former political prisoners to find employment.
          230. During the mission some 70 cables and messages were addressed both to the
          Secretary—General of the United Nations and the Special Representative from
          persons and organizations outside the Islamic Republic of Iran, including many
          parliamentarians from Austria, Canada, Denmark, the Federal Republic of
          Germany, Franôe, Italy, the Netherlands, Norway, Sweden, Switzerland and the
          United States of America. Most of these communications suggested that the
          duration of the visit should be extended in order to allow for a more thorough
          investigation and for the hearing of more testimonies. Others made
          H
          I,.
          .1
          .4
          
        
          
          E/CN.4/1990/24
          page 51
          suggestions for the conduct of the visit and drew to the Special
          Representative's attention the fact that many persons wishing to see him had
          not been able to do so; still others expressed concern over threats received
          by witnesses and the possible arrest of some of them.
          231. While expressing his gratitude for :the many useful suggestions made, the
          Special Representative recalls that the length of the visit was in keeping
          with the practice established during previous fact—finding missions of a
          similar nature. Due to the necessity of presenting a report to the éurrent
          session of the Commission on Human ‘Rights, ” which started its delibèra ions On
          the day of return of the Special Representative, and the time required for the
          translation and processing of the report, an extension of the visit could not
          be considered As regards the concern over possible threats to or persecution
          of witnesses, reference is made to the exchange of letters between the:
          Permanent Representative of the Islamic Republic of Iran •to the United Nations
          and the Speáial Representative, dated 24 November 1989 (see paras. 11, 12
          and 13), as well as to the aide—mémoire handed to the Deputy Minister for
          Foreign Affairs on 28 January 1990 (see para 171)
          V. CONCLUSIONS AND RECOMMENDATIONS
          232 This final report marks a major development in the fulfilment of the
          Special Representative's mandate and in the resolutions adopted by the
          General Assembly and the Commission on Human Rights: the visit to the Islamic
          Republic of Iran and the on—the—spot examination of the human rights
          situation. For the first time since the mandate was issued, in 1984, the
          Government ‘invited the ‘Special Representative to visit the Islamic Republic of
          Iran
          233 The Special Representative wis ies to place on record his gratitude to the
          Gdvernment of the Islamic Republic of Iran for its co—operation in thecourse
          of the visIt, the facilities afforded to him in his task and its eadines ' to
          extend the visit, ‘although this was not possible in view of the strict
          time—limits imposed by the imminent start of the Commission's work.
          234. On his return to Geneva, the Speèial Representative discovered that the
          press or the media attributed to him statements made following the visit to
          the Islamic Republic of Iran. The Cdnunission on Human Rights should' know' hat
          neither he nor any member of the group that visited the country made any
          statement whatsoever. Even though he is unaware of the subétance of the''
          statements attributed to him, the Special Representative would point' out most
          emphatically that he made no statement whatsoever, either in public or in
          private, and that he has not even spoken with anybody about the subject,
          because it wa his firm intention that'the report should be drawn up without
          interpretations or speculations that would' compromise its objectiveness' and '.
          that nothing should be said before the Commission received it.
          235. Communication between the Special'Representative and the Government of'
          the Islamic Republic of Iran is at a suitably high level and there is no
          topic, problem or issue that cannot be openly discussed through expeditious
          channels. As a result of the visit, further possibilities of communication
          were opened up.
          
        
          
          E/CN.4/1990/24
          page 52
          236. The report sets out information received before and during the visit. It
          should be noted that all&gations similar to those of previous years were still
          being received and that, during the period under review, there was a
          considerable increase in assertions, testimony and documents about terrorism.
          During the visit, terrorism also feature4 a great deal in the statements by
          Iranian officials and than r witnesses.
          237. The allegations of human rights violations have been arranged under
          different headings,. to deal with them more easily, and the , testirnony has been
          split up, where appropriate, and placed under the heading involved It was
          physically impossIble to accommodate everyone who wish d to make a staterne t,
          but sufficient testimony was gathered to establish or fill out the headings
          into which the available information is classed. To hear all of the people
          who wished to speak about their experiences, it would have been necessary to
          extend the visit not only by a few days, but probably by a few weeks Some
          witnesses were unable to keep the appointment they had been given. This was
          due, among other things, to the people crowding outside the United Nations
          Development Programme's office, who literally blocked off the path for anyone
          who ,wanted to enter and they were disorderly in their behaviour.
          238. Authorities and, officials contacted by the Special Representative spoke
          about general issues and said the Government of the Islamic Republic of Iran
          had been friendly to all nations, particularly neighbouring countries, but had
          not met with a positive response They went on to speak of kinds of pressure
          from abroad, help to armed gangs, terrorism, disinformation, the eight—year
          war and the Jifl.y 1988 invasion Generally, their points were the
          international ‘community listens to terrorist groups; br ad has
          -been-and stiLl is being. manhi.ulated; United.Na,t.ions,..od.i . .es apply,two.4i erent
          standards as far as human rights are concerned because for political reasons a
          ‘very close eye is kept on some countries, whereas others which commit serlbits
          human rights violations do not come under any international monitoring
          procedure
          239. The Special Representative observed that there ‘is a deep split in' Iranian
          society asaresult of the hectic revolutionary period and that one ,.ingredient H
          in this split has been the armed struggle, in which terrorism has had a part,
          sometimes with devastating effects Complaints are heard on all sides and
          among all social classes, from some who deplore and condemn the armed
          struggle, from others who are distressed by the punishment meted out and
          reject it in the belief that. it has been applied improperly and Onderminèdthe
          dignity of prisoners, and a significant number who maintain that their ideals
          have been crushed and their youthful naivety has been exploited. The” meetings
          of mothers and of wives of the dead'are a symbol of the social polarization:
          outside the office of the United Nations Development Programme, large gioupè
          of women were demonstrating against terrorism,Sto which they attributed their
          troubles and the loss of their loved ones, whereas, at the other end of Tehran
          at the Behest Zahra cemetery, mothers and wives of the executed were meeting, .
          as they do every Thursday and Friday afternoon, to weep for their loved ones,
          the executed and those buried in common graves. ‘ . . .
          240. The Special Representative, as in' earlier reports, condemns terrorism in
          all its forms, whatever the motive, pretext or aim. During the visit to the'
          Islamic Republic of Iran, he received ample official and private information :
          about the disastrous effects of this kind of political activity. However, it
          has to be borne in mind that the parties to international instruments are
          
        
          
          E/CN. 4/1990/24
          page 53
          States and are, of course, represented by Governments, and hence the
          grievances are chiefly directed against them. By extension and in keeping
          with, recent practice, it has been understood that insurgent groups should also
          respect human rights,' although Govemnents recognized by the international
          community and insurgents are not on the dame footing. ‘
          241. The' testimony gathered reiterated complaints received in Geneva about
          unlawful executions, torture, substitute prisoners, imprisonment beyond the
          period specified in the sentence, spontaneous decisions by low—ranking
          officials and the absence of counsel for the defence. Other witnethses st ted
          the opposite because they had been arrested in the course Of clandestine
          activities against the Government, had been treated leniently and subsequently
          pardoned Testimony was also gathered on restrictions on the right of
          association A study of the testimony, representing two different kinds of
          personal expdrience and views, is in it elf illuminating.'
          242 The Special Representative was able to verify that four persons shown on
          lists of executed persons were still alive With a copy of the list of
          executed persons, these fou people presented their identity cards, which
          included photographs, and their identity was established so far as was
          possible without laboratory proof Another dozen persons also maintained that
          they had been included on the lists, but they did not have their identity
          cards on them, when the case was examined in the course, of a collective
          interview in the Hotel Azádi.” ‘
          243. The allegation that political prisoners had been executed under false
          charges ,of drug trafficking was given speci l attention during the visit. In
          the light of the testimony receIved and published in earlier reports ‘about
          such indications ‘ as hearing somebody hbut th 't h was not a drug trafficker,
          the explanations given by ,the Special' Prosecutor for Drug Trafficking Of fences
          and the testimony from leading figures in the political opposition who are
          living in the country, the Special Representative considers it his duty to
          acquaint the Commission with his conviction on this matter. , He has always
          treated this information cautiously and taken it as a point' of departure for
          further inquiry. Three witnesses from the political opposition, who were well
          informed and spoke on otherissues that were not precisely favourable to the
          Government, said they' were not aware ,of a single case ‘of a political prisoner
          being executed as, if he,werea drug trafficker. It would b ' strange if,
          “living' in the place and'follOwing events so'closely, such persons ‘had nat
          learned of facts of such great significance. In the light of his conviction
          and in all honesty, the Special Representative considers that, unless specific
          proof is submitted to him in this regard, this allegation involves elements Of
          speculation and he rules it out.' ‘ ‘
          244. The number of executions and the guarantees of due process of law were
          topics that arose in many conversations. The Special Representative
          repeatedly brought up the subject of the number of executions and adduced
          reasons for doing so, on the basis of international inátruxnènts and on , ‘1
          humanitarian grounds. Many drug traffickers can be rehabilitated and'
          reincorporated into society and should in any event enjOy the'guarantees' 6f
          due process of law. Certainly the deterrent character of the executions ha
          disappeared because there have been none in public ‘for five months, but many
          persons, probably hundreds, are still awaiting execution. As he was leaving
          the country, the Special'Representative presented a request for clemency in'
          this regard. He has gained the impression that this'harsh policy could become
          a good deal less severe.
          
        
          
          .1
          I
          E/CN.4/1990/24 ‘
          page 54
          245 The guarantees of -due process of law now include appeal and review and
          they are operative wirth regard to co victions in general and review usually
          applies in respect of the revolutionary courts. The Supreme Court of Justice
          has the last word. Criticisms are made, for some lawyers would like an appeal
          to lie not only against the sentence, but against other rulings in the trial,
          but this remedy does exist, and it may be broadened.
          246. Admittedly, the Iranian Constitution provides for the assistance of a
          lawyer and makes no exception in any case whatever However, many witnesses
          speak of the absence of counsel and such testimony is still being received
          The Special Representative believes h has identified two gaps that might
          explain why some proceedings are held without a lawyer for the defence when
          the accused person refuses to accept su h assistance or when the lawyer called
          upon refuses to take over the defence The practical effects in these two
          cases are that some ‘proceédiiigs, particularly trials fOr.'drug trafficking and
          political of fences, may be held without counsel for the defence. The Special
          Representative believes that a way of overcoming these gap should be
          examined, for they turn into opportunities to make sure that there is no
          defence counsel, in this connection, he would suggest that the right to legal
          assistance should be declared an inalienable right and that a rule should be
          adopted that no criminal proceedings maybe instituted pursuedand..compIeted
          without continuous assistance from a lawyer, who would be afforded sufficient
          time to gather evidence and make a pl a based on legal reasoning ar lenience
          on humanitarian grounds.
          247 Moreover, the testimony gathered during the visit to the Islamic Republic
          of Iran repeats a number of allegations communicated to the Government in the
          past In the matter of i ssuing passports, the higher authorities should look
          into the way in which the lower authorities are keeping to the law and to the
          regulations established by the higher authorities becauàe there may be some
          problem of nforcemeñt. at the administrative level..
          248. There were repetitions of allegations about prisoners completing their
          sentence and still being held in custody indefinitely, and persons completing
          their sentence and then being executed Testimony collected privately and
          statements taken at Evin prison in the presence of prison officials again
          spoke of ill—treatment and torture. The Special Representative has also
          insisted that detailed replies to these and other allegations are necessary as
          part of the prôcèss of studying the human rights situation.
          249. The Government of the Islamic Republic of Iran has been receptive to some
          criticisms made in earlier reports by the Special Representative, for example,
          about public and mass executions of drug traffickers and about incorporating
          in the penalty the time that has been served before the sentence is handed
          down. This receptiveness indicates that dther suggestions and crIticisms
          could well be taken into account;. In the course of the actual visit, the
          following suggestions were, in principle, favourably received: regular visits
          by the International Committee of the Red Cross to prisons throughout the
          country in order to ascertain the conditions of imprisonment and, in
          particular, to look into the situation of political prisoners; the possibility •
          of the Centre for Human Rights providing technical assistance to the
          Government of the Islamic Republic of Iran in matters pertaining to human
          rights; the acceptance of a programme to identify clashes or inconsistencies
          between Islamic law and international law, particularly internationally
          reàognized human rights, so as to make it easier for the Iranian Government to
          
        
          
          •1
          E/ 4/1990/24
          page 55
          ç
          bring its system into line with international standards, and consideration of
          requests the Speci L Repr sentative may transmit on purely humanitarian
          grounds. The Specia1 'Re 'resentative handed over a request for a marked
          reduction in death sentences and about the case of a person in urgent need of
          medical treatment. outside prison walls.
          250. The Special Representative received information on frequent clemency
          measures. While this report was being cmpleted, he received from the
          Permanent Mission of the Islamic Republic of Iran to the United Nations Office
          at Geneva an announcement of a clemency measure for persons sentenced by.
          military courts: persons sentenced to one year will be freed and longer
          sentences wil.l be reduced by half.
          251. The information gathered by the Special Representative in Geneva on the
          situation of the Baha'is was confirmed in Tehran by the testimony of two.
          members of this group. They supplied a circular from the Prime Minister,
          whose duties were later taken up by the Presiden.t of the Republic, instructing
          the authorities about the treatment of the Baha'is. The circular was
          satisfactory to the visitors and to the other members of this faith. In
          addition, the witnesses said that a ruling by the Supreme Court of Justice had
          been in their favour and established a marked precedent, although it has not
          yet been enforced. The' Special Representative's impression is that the
          situation of the Baha'is is moving towards quite broad de facto tolerance.
          252. At the.round table held at the Ministry of Foreign Affairs to sum up.th
          visit, the Special Representative expressed the opinion that the Government's
          next step could consist in providing detailed replies to the allegations
          transmitted to it. In order for these replies to be prepared, the allegations
          would have to be :iiivestigated, it might_we 1 prove that some off icial had
          failed in the performance of their duties and that disciplinary measures or
          punishment would be needed or, on the contrary, that it would be appropriate
          to demonstrate that the allegations were inaccurate, false or mistaken. Both
          the Government and the procedure established by the Commission on Human Rights
          would benefit from such concrete co—operation. The visit needs to be
          supplemented by these replies so that the consideration of the alleged cases
          may continue and conclusions may be reached on the situation as a whole.
          253. In view of these facts and considerations, it is the Special
          Representative's conclusion that, in his view, the Commission should continue
          to monitor the human rights situation in the Islamic Republic of Iran and that
          another visit seems desirable, and even necessary, in order to broaden the
          study with many cases which it was not possible •to collect, to go deeper into
          situations which still call for greater knowledge of the facts and to listen
          to many persons who felt disappointed because so little time was available.
          
        
  • Email to a friend Email to a friend
  • Print version Print version
  • Plain text Plain text

Tagged as:

Freedom of Religion, Freedom of Conscience