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Interim report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights in accordance with Commission resolution 1990/79 and Economic and Social Council decision 1990/243


          UNITED A
          NATIONS :
          General Assembly Distr.
          6 Novembor 1990
          ENGLI SM
          Forty-fifth session
          Agenda item 12
          Situation a! human rights in the Islamic Republic of Iran
          Note by the Secretary-General
          The Secretary-General has IIo honour to transmit to the members of the General
          Assembly the interim report prepared by Professor Reynaldo Gelindo Pohi
          (El Salvador), Special Representative of the Conm%ission on Human Rights on the
          situation of human rights in the Islamic Republic of Iran, in accordance with
          paragraph 14 of Conmiission on Buman Rights resolution 1990/79 of 7 March 1990 and
          Economic and Social Council decision 1990/243 of 25 May 1990.
          90—28544 1985—86e (E) I..
          Engi ish
          Page 2
          Interim report on the situation of human rights in the Islamic Republic
          o Iran. prepared by the Special Representative of the Commission on
          Human Rights in accordance with Commission resolution 1990/79 and
          Economic and Social Council decision 1990/243
          Paragraphs Page
          I • INTR0DUCTIO* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 — 5 3
          V • OBSERVATIONS •...............................•. •.•....••. 264 — 291 62
          REPORTS OF THE SPECIAL REPRESENTATIVE .............................,.. 69
          9 OCTOBER 1990 . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
          DURING HIS SECOND VISIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
          VISIT OF THE SPECIAL REPRESENTATIVE •...•...••.•...•. ........ 89
          REPORTS OF THE SPECIAL REPREStNTATIVE ......•...•..•.••..•..... . 94
          23 SEPTEMBER 1989 TO 7 OCTOBER 1990 ........................ .. 95
          / . . .
          Page 3
          1. At its forty—sixth session, the Commission on Human Rights decided, by its
          eso1ution 1990/79 of 7 March 1990, to extend the mandate of the Special
          Representative, as contained in omm 4 ssion resolution 1984/54 of 14 March 1984, for
          a further year and requested the Special Representative to submit an interim report
          to the General Assembly at Its forty-fifth session on the human rights situation in
          the Islemic Republic of Iran, including the situation of minority groups, such as
          the Baha'is, and a final report o the Commission at its forty-s ., ienth session. In
          its decision 1990/243 of 25 May 1990, the Economic and Social Council endorsed that
          2. Previously, the General Assembly had decided, by its resolution 44/163 of
          15 December 1989, to continue its examination of the situation of human rights in
          the Islamic RepubLic of Iran during its forty-fifth session in the light of
          additional elemQ its provided by the Commission for Human Rights and the Economic
          and Social Council.
          3. In compliance with paragraph 14 of Commission on Human Rights resolution
          1990/79 an 2 in response also to the General Assembly's decision to keep the
          question under consideration on the basis of additional information, the Special
          Representative submits herewith his interim report on the situation of human rights
          in the Islamic Republic of Iran,
          4 As in previous years, the interim report concentrates on oral and written
          communications with government officials and on allegations of human rights
          violations from non-governmental organisationa and individuals and very briefly
          reports on the second visit to the country. Some of the documents received are now
          under study aifid if the information they contain proves to be relevant, it will be
          considered in the final report. Owing to the short interval between the two
          reports, the interim report has been planned and written as the first part of the
          final report and the two documents should accordingly be regarded as one.
          5. The structure of the interim report is similar to previous reports, and is
          accordingly divided into five sections: I. Introduction s II. Communications
          between the Government of the Islamic Republic of Iran and the Special
          Representative: III. Information received by the Special Representative: IV. Report
          on the second visit to the Islamic Republic of Iran; V. Observatior.s. There are
          eight appendices.
          A. Communications of a general nature
          6. By a letter dated 24 January 1990, the Permanent Mission of the Islamic
          Republic of Iran to the United Nations Office at Geneva transmitted the text of a
          news release by the Islamic Republic News Agency concerning the amnesty or
          reduction of the imprisonment term of a group of prisoners condemned by military
          / . . .
          Ifl gliIh
          Pee 4
          courts. According to the information provided, all those sentenced to year-long
          imprisonment by the military courts would be released and the terms of those with
          rno& than a year's imprisonment would be slashed by half. The letter specified
          that the pardon was decreed on the eve of the birthday of the Prophet's daughter
          Fatima As-Zahba by the Leader of the Islamic Republic of Iran, upon the request of
          the Head of the Judiciary.
          7. On 6 February 1990, the Permanent Mission of the Islamic Republic of Iran to
          the United Nations Office at Geneva transmitted a letter addressed to the Special
          Repreientative by Mr. M. t4ottaki, Deputy Minister for Foreign Affairs, who, in
          reply to a question raised by the Specia... Representative during his first visit to
          the country, submitted two examples of judgements in which the High Disciplinary
          Court had convictod judges of abuse of authority. The text of the judgement was as
          “Judgement 1/67 dated 17/1/1368 in proceedings brought by the General
          Inepectorate against Hojjatolislasn Shaikh Mohammad Nasiri, President of
          thvs Islamic Revolutionary Court at Yasd. Shaikh Mohasnmad was found guilty of
          violating the rules of procedure while judging the case of
          Nc, Mohanmiad Ghoiami, who was on trial for possession of opium, opium extract
          and related apparatus. He sentenced the accused to 15 years' imprisonment,
          five of which would be suspended on payment of one million totnans. In this
          respect, his judgement was unlawful and rendered him liable to disciplinary
          sanctions, which the High Court decided should consist in the forfeiture of
          one third of the judge's salary and other monthly emoluments for five months,
          in accordance with article 4 of the relevant act.
          “Judgement 64/1.30 dated 3/6/1364 in proceedings brought by
          Messrs. Au Neiri and Vail Neiri against Mr. Hasan Latifi, former judge at the
          Islamic Revolutionary Court at Langroud. Following an investigation by the
          General Inapectorate, the judge was found guilty of handing down an unlawful
          judgement in the case of the brothers Neiri who were on trial for the hoarding
          of goods, in so far as he ordered the detention of Ali Held and the
          confiscation and sale of the assets of Vali Neiri. The High Court imposed
          disciplinary sanctions consisting in two years' imprisonment, exclusion from
          ptblic office for five years and compensation, in cash or in kind, for the
          losses suffered by Vail Neiri.”
          8. By a letter dated 2 May 1990 the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva informed the Special
          Representative about the following clemency
          “On the occasion of Eid ul-Fitr, marking the end of the month of Rainadan
          on 26 April 1990, 260 convicts of the Islamic Revolutionary Court and 13
          convicts of the Special courts of the Clergy were pardoned in 14 cities in
          “On 1st April 1990, the day of the Islamic Republic of Iran, 79 convicts
          of the Islamic Revolutionary Courts were released in various cities in Iran.
          / . . .
          Page 5
          “On the occasion of the Iranian JIew Year, on 21 March 1990, 119 other
          convicts of the Islamic Revolutionary Courts were also pardoned.”
          9. On 14 June 1990, the Permanent Representative of the Islamic Republic of Iran
          to the United Nations forwarded to the Special Representative the text of a message
          from Ayatollah Mohammed Taqui Ja'afari, inviting him ‘not in the cepacity of the
          Special Representative but as a scholar end a scientific and intellectual
          personality, to pay a visit to Iran prior to your official visit, during which you
          could participate in scientific and legal meetings arranged in your honour ...“.
          By a letter dated 20 July 1990. the Special Representative thanked
          Ayatollah Mohammed Taqui Ja'afari for the kind invitation explaining that, given
          the heavy schedule of academic engagements to which he had committed himself a long
          time ago, it would unfortunately not be possible for him to envisage an additional
          private visit before his second of 1 icibl visit.
          10. By a note verbale of 22 August 1990, the Permanent Mission of the Islamic
          Republic of Iran to the United Nations Office at Geneva informed the Special
          Representative of the statement delivered by Ayatollah Mohammed Y zdi, the head of
          the Judiciary of the Islamic Republic of Iran, on 10 August 1990, in which,
          referring to article 35 of the Constitution of the Islamic Republic of Iran,
          Ayatollah Yasdi, “once again emphasized that the courts should be held in public
          and they must respect the right of every party in a case to choose his or her own
          legal counsel and even if the person cannot afford to secure legal counsel, it
          would be provided by the Judiciary”, Moreover, a circular letter by the Head of
          the Judiciary to all judicial units and authorities, dated 4 August 1990, stressing
          the right or the parties to a lawsuit to select an attorney i .i all civil and penal
          courts was handed to the Special Representative by the Deputy Minister for Foreign
          Affairs at Tebran and is reproduced in appendix VIII to the present report.
          11. On 11 September 1990, the Permanent Mission of the Islamic Republic of Iran
          sent to the Special Representative a copy of a note verbelo it had addressed on
          13 August 1990 to the International Committee of the Red Cross (ICRC). In that
          note the Permanent Mission referred to paragraph 167 of the last report of the
          Special Representative 1,1 reflectinj a suggestion he had made to the Government
          concerning regular visits by ICRC 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 note verbalo stated, inter al& , the
          fol1owing “With due regard to the co-operation of the Government of the Islamic
          Republic of Iran with the Special Representative of the Commission on Human Rights,
          the former invites the International Committee of the Red Cross to visit the
          12. By a letter dated 28 September 1990 from the Permanent Representative of the
          Islamic Republic of Iran at Geneva, the Special Representative was advised of the
          following measures taken by the Islamic Reiublic of Iran in implementation of his
          recommendations i
          “ . The Islamic Republic of Iran nas officially ia ' ted ICRC to visit
          Iran. The invitation was submitted to the Committee through the note No. 2658
          dated 13 August 1990 of this Mission. OEis invitation was renewed by
          Page 6
          His Excellency Dr. Velayati, during Mr. Sommaruga's visit to Tehran. ICRC is
          presently planning for this visit.
          “2. The Islamic Republic of Iran has officially invited the Human Righti'
          Centre to rrovide technical and training assistance and, especially send an
          expert to give trainings on the preparation of periodic reports, that was
          announced in the note No. 2482 dated 30 July 1990 and underlined in
          Mr. Tabatabai's meeting with Mr. t4autner-Markhof.
          “3. OEe Heed of the Judiciary's general circular letter No. 1/7553/9
          dated 4 August 1990, in which Principle 35 of the Constitution was reminded
          and underlined. This principle provides for the undisputable right of the
          accused to appoint a lawyer for the proceedings in the court. (See
          appendix VIII.)
          ‘ 4. A bill of law was prepared according to which the period of
          detention of the accused prior to the pronouncement of the verdict is inclt ded
          in their term of prison.
          “5. Clemency measures have been pursued and implemented on var1 us
          occasions. The details shall be presented during your visit to Tehran.
          “6. An academic seminar was held for ‘A Comparative Study of Islamic and
          Western Principles of Human Rights' in which Iranian scholars, authorities,
          and professors participated. Furthermore, as the Human Rights Centre has been
          already informed, an international seminar with the participation of Iranian
          and Foreign scholars, including personalities from the Human Rights Centre,
          will meet in Tehran for the same purpose in the near future.
          “7. Preparation of detailed and elaborate response to the accusations,
          allegations and claims presented to you by various groups, that were forwarded
          to the Islamic republic of Iran by you. OEese responses will be given to you
          during your next visit to Iran.
          “8. Expansion of judicial services and works to promote the living
          standard of the families of persons sentenced or accused; that includes the
          creation of a special fund with the financial support of the government and
          benevolent persons.”
          B. oinjmj njc etions conceriiing a2 ggtions received by the pe ciaJ.
          Representative and transmitted to the Government
          13. Since the forty-sixth session of the Commission on Human nights, a great
          number of reports alleging human rights violations, including specific incidents
          and cases, have been brought to the attention of the Special Repr sentative. In
          accordance with the understanding reached during his first visit to the country,
          the Special Representative transmittc to the Permanent Representative of the
          Islamic Republic of Iran to the United Nations Office at Geneva by letters dated
          12 March, 7, 8, 11 and 23 May, 27 June and 9 July 1990, several individual cases
          A/45/ 697
          Page 7
          of alleged human rights violations which, in his view, required the urgent
          attention of the Government. The Special Representative requested that the
          reported incidents or cases be investigated and that he be informed of the results
          of the Government's inquiries, as wall as of the situation of each of the persons
          concerned, in particular as regards the precise charges brought against them and
          all relevant details of their trials.
          14. By a letter dated 26 April 1990, the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva forwarded to the Special
          Representative his Government's response on one of the individual casos transmitted
          to it (see para. 33 below).
          15. By a letter dated 5 June 1990, the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva provided another reply by
          his Government on the case of 14 persons accused of espionage (see para. 37).
          16. By a letter dated 31 May 1990, the Permanent Representative of the Islamic
          Republic of ran to the United Nations Office at Geneva requested the Centre for
          Human Rights to provide him with all the information available about allegations of
          human rights violations in the Islamic Republic of Iran, so that the necessa y
          investigations could be conducted and responses provided.
          17. In response to that request, by a letter dated 20 August 1990, the Special
          Representative sent to the Permanent Representative a memorandum containing the
          main allegations, both general and in terms of individual cases, that had been
          brought to his attention by various sources. OEe memorandum included a surary of
          the cases transmitted by previous letters, &s well as further allegations ..eceived
          by th.e Special Representative, it further recapitulated briefly earlier
          allegations as reflected in previous reports on which the Special Representative
          had never received the requested circumstantiated explanations.
          18. By a letter dated 8 October 1990, a second memorandum was tranGmitted to the
          Permanent Representative of the elamic Republic of Iran to the United Nations
          Office at Geneva containing further allegations received by the Special
          Representative, When communicating the two memoranda to the Government, the
          Special Representative expressed the hope that they would facilitate preparations
          for his second visit to the Islamic Republic of Iran and thus enable the
          authorities to discuss with him in a concrete manner the situations and incidents
          of which he had been seized. The allegations contained in both memoranda are
          reproduced in section II I of the present report.
          19, fly a note verbal, dated 19 October 1990, the Permanent Mission of the Islamic
          Republic of Iran to the United Nations Office at Geneva transmitted the translation
          of a letter which the Voice and Vision of the Islamic Republic of Iran (Television)
          had addressed to the Movemer t for Freedom in reply to its telex dated
          22 September 1990, concerning the televised “confession” of Mr. Behbehani (see
          para. p30). Relevant excerpts of the letter aie as follows:
          “1. Article 52 and paragraph b of Article 55 of the Law governing the
          policies of this organization clearly stipulate our policy as follows:
          Page 8
          “Article 52 ‘To enlighten the populace about the devilish plots of the
          world colonialists and their internal agents foz the weakening of deviation of
          the Revolution'.
          “Article 55, paragraph b ‘Denunciation of the activities, plots and
          working methods of counter-revolutionary groups and the enemy's fift! Column,
          and familiarizing the populace with the nature of their thinking and practice'.
          “2. It has been according to these Articles that the Voice and Vision of
          the Islamic Republic of Iran has since the victory of the Islamic Revolution
          broadcast the trials and confessions of hundreds of members of the traitorous
          and counter-revolutionary parties, groups and grouplets which have conspired
          in various ways against the Is rmic Revolution and the interer. s of the people
          and the country or collaborateJ with the enemiec of tha Islamic Revolution and
          the Muslim people of Iran. It might as well be remembered that during the
          transitional Government which was in the hands of the Freedom Movement and one
          of whose members headed this organization, series of such interviews and
          confessions were broadcast on the Voice and Vision. As far as we remember and
          the records indicate, no response of the concerned elements has ever been
          “3. Broadcasting by the Voice and Vision of the Islamic Republic of Iran
          the interview with Dr. Farhad Behbehani represents one such example and is in
          line with Article 52 and paragraph b of Article 55 of our law.
          “4. Upon receipt of the telephone-gram No. 1-1-46/5400, dated 6/6/1369
          (24 August 1990) of the Movement for Freedom, its content has been brought to
          the attention of Farhad Behbehani. While reconfirming his previous
          statements, he has expressed his readiness to participate in a televised
          round-table with his czitics and respond to their objections, and in his own
          words, ‘Raise the curtain on other plots'. In case of the willingness of the
          members of the Movement for Freedom, this organization will undertake to hold
          the round-table.”
          C. Communications relating to the second visit of the Special
          Representative to IIa Islamic Republic of Iran
          1. Conversations with representatives of the Islamic
          Republic of Iran
          20. On 12 July 1990, the Special Representative met with
          Ambassador Sirous Nasseri. Permanent Representative of the Islamic Republic of Iran
          to the United Nations Office at Geneva. At that time, the Special Representative
          mentioned that he would like to make a second visit to the country with a view to
          complying with the terms of the Human Rights Commission's mandate. He 1so
          expressed his appreciation to the Government for having allowed his first visit to
          the country in pursuance of Human Rights Commission resolutions 1984/54 and
          1989/66. He stressed the importance of the meetings held with officials from the
          legislative, executive and judicial branch3s of the Government in the Islamic
          Republic of Iran. He added that the visit had enabled him to maintain meetings,
          , . . .
          Page 9
          conversations and contacts with a number of individuals and organizatiOnB and that
          he considered them to be very useful in the implementation of his mandate.
          21. The Permanent Representative of the Islamic Republic of Iran to the United
          Natious Office at Geneva told the Special Representative that he would transmit his
          r” quest to make a second visit to the country to his Government and said that he
          was pleased to have had the opportunity to exchange ideas and opinions with the
          Special Representative on matters velating to his mandate. Furthermore, commenting
          on the request made by the Special Representative concerning the need to receive
          detailed replies to the allegations of human rights violations, he said that his
          Government had every intention to reply to those allegations. In that connection,
          he said that in order to expedite the investigation of the allegations and ensure a
          prompt reply, the allegations should be stated in the clearest and most unequivocal
          terms. Lastly, the Permanent Representative reiterated the assurance of hi
          Government's fI%ll co-operation in helping the Special Representative to i p1ement
          his mandate.
          2. Written coni iunications
          22. On 13 July 1990, the Special Representative sent a letter to the Permanent
          Representative of the Islamic Republic of Iran to the United Nations Office at
          Geneva stating that: “... it would be my intention to carry out this vieit before
          drafting my report to the next session of the General Assembly and I propose as
          dates for the visit the week 5 to 30 August 1990”.
          23. On 14 August 1990, a letter from the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva addressed to the Special
          Representative was received at the Centre for Human Rights, reading as follows:
          “1. With regard to the date of your second visit, the suitable date would be
          the 1 of September 1990.
          “2. While I also appreciated the occasion we had on 12 July 1990 to exchange
          views on matters concerning your mandate, I may however regret that for the
          lack of time, a certain number of sexious questions remained to be discussed.
          Therefore I asked for another meeting with you. Your proposed date i.e. two
          or three days before your departure for the Islamic Republic of Iran is too
          late. I am aware of your other coeunitinenta but for the seriousness of the
          matter, I would be willing to have a meeting with you as soon as possible and
          in any place which is convenient to you.
          “3. Concerning the communication of the Centre for Human Rights containing
          all the allegations which we were expected to receive by the end of July, you
          may note that we have yet to receive it.”
          24. By a letter dated 20 August 1990, the Special Representative informed the
          Permanent Representative of the Islamic Republic of Iran to the United Nations
          Office at Geneva that health reasons prevented him from travelling to Tehren on
          1 September 1990, as suggested by the Government, and that he would propose as soon
          , . . .
          A/45/ 697
          Page 10
          as possible new dates for the visit, which, for the above-mentioned medical
          reasons, could not take place before the end of September. The Special
          Representative assured the Permanent Representative that he would made every effort
          to arrange for another meeting with him as soon as feasible before his departure to
          25. By a letter dated 17 September 1990, the Special Representative proposed the
          period from 6 to 11 October 1990 as new dates for the visit, adding that he could
          meet the Permanent Representative at Geneva on 28 September 1990. By the same
          letter, he communicated a list of personalities and places that he would like to
          visit and reminded him that the terms of reference of his visit remained identical
          to those described in the . nnex to the letter addressed on 24 No 'ember 1989 to the
          Permanent Representative of the islamic Republi- of Iran to the United Nations.
          26. 3y a note verbale dated 5 October 1990, the Permanent Mission of the Islamic
          Republic of Iran to the United Nations Office at Geneva confirmed its previous ore'
          reply that the visit could take place during the period from 8 to 16 OctobeL' 199C
          27. The following paragraphs contain a.1]i.gations of human rights violations
          received by the Special Representative and transmitted to the Government of the
          Islamic Republic of Iran by memoranda dated 20 August and 8 October 1990. OEe
          memoranda also reproduce taiose alleged incidents and cases which the Special
          Representative had transmitted by previous letters. Replies received from the
          Government w.th regard to the allegations have also been reflected in this section.
          A. Right to life
          28. According to a report by the daily Abrar , a man condemned for fornication with
          a close relative was publicly executed in Mashed. Agenca France Pressa reported on
          16 January that, according to news received from Tehran, a 31-year-old woman
          convicted for prostitution had been stoned to death in Bander Ansali. On
          31 January Jombouri miami published a declaration of the Komiteh Commander of the
          rrovince of West Azerbaijan, according to which a ring of persons engaged in
          prostitution and corruption had been arrested and five of them had been stnned to
          death. According to a report by Ressalat on 15 February 1990, Gholam Resa t4asouri
          was hanged in Arak for pederasty.
          29. IQ1JIIQj .LLLJ,JMj reported on 17 February 1990 that Bolouch Ismalel Zehi had
          been executed for drug trafficking. On 10 January Radio Tehran announced that
          31 persons convicted of drug trafficking had been executed, 23 of them in Tehran,
          3 at Shiraz, 3 at Sabzevar and 2 at Saveh. According to Ressalat of 11 February, a
          married couple accused of drug trafficking was sentenced to death in Saveh.
          30. Dailies from variou. .. countries published the statement of Mitre Moazex (21),
          claiming that she had been forced to witness the death by burning of 37-year-old
          woman and two 18-year-old men in an Iranian prison. According to these reports,
          / . . .
          . A/45/697
          Page 11
          they had been thrown into a furnace by guards, named Jamehid Sohrabi and
          Mojtaba Halvai. Reportedly, she had been imprisoned from 1981 to 1984 for having
          taken part in an anti-government demonstration and had been tortured for 85 days
          before being interrogated. When she was freed, she visited the family of one of
          the young men, named Asghar Ghorbani t4aleki, who told her that prison guards had
          brought them a box containing Asghar's ashes and that, as a consequence of the
          shock this had caused, the young man's father had committed suicide.
          31. Abbas Raissi, navy officer stationed at Chah Bahar was said to have been
          arrested around September 1989 in Chah Bahar on unknown charges. The source of the
          information presumed that his arrest, as well as the arrest of a group of other
          persons, related to an incident in which a Government opponent, of whom Mr. Raissi
          was a close friend and distant ..elative, was smuggled out of the Islamic Republic
          of Lran. The group arrested at the same time included two of the opponent's
          nephews as well as his bro .her, Mohammed Karim Naroui, who was the Read Postmaster
          at Chah Bahar, and was executed at Zahedan on 28 January 1990 (8 Bahman 1368),
          reportedly having been sentenced to death at a trial the previous day. Mr. Raissi,
          who was detained at either Chab Bahar or Zahedan prison, was said to be at imminent
          zisk of execution; the charges brought against him were not known and no
          information was available as to whether he had been tried. By a letter dated
          12 March 1990, the Special Representative requesttd information about the charges
          brought against Mr. Raissi, whether he had been tried and, in the affirmative case,
          asked that all relevant details concerning his trial and sentence be provided to
          him. The Special Representative also appealed to the Government, in case
          Mr. Raissi had been sentenced to death, to consider granting clemency or at least
          to ensure that all safeguards stipulat.d in the International Covenant on Civil end
          Political Rights, particularly in its article 14, had been fully respected in the
          preceding trial.
          32. According to a cable from Nicosia, Cyprus, that appeared in the International
          Herald Tribui on 29 March 1990, Abbas aissi and Abmed Jtrnghi Rasni were convicted
          of espionage, robbery and c unter-revo1utionary activities and hanged in
          south-western Iran, in the region of Seistan, according to reports by the Islamic
          Republic News Agency.
          33. By a letter dated 26 April 1990, the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva replied that Mr. Ralesi had
          been tried on spying charges for collaborating with Iraq during the imposed war end
          had been condemned to death. The death sentence was carried out after due judicial
          process end all solemn rites were performed. OEe Permanent Representative added
          that the relevant judicial file would be made available upon request.
          34. By a letter dated 7 May 1990, the Special Representative thanked the
          Government for its reply and requested the relevant judicial file concerning this
          case. Re reiterated his interest in examining the files in the meeting with Deputy
          Minister for Foreign Affairs Mr. M. Mottaki, held at Tehren on 9 October 1990.
          35. On 28 April 1990, the newspaper Kayhan published a report by the Islamic
          Republic News Agency to the effect that the Prosecutor General of the Tebran
          Revolutionary Court had announced that 10 persons accused of espionage would be
          / . . .
          Page 12 .
          executed in thu next f ow days. Other sources reported directly to the Special
          Representative that Mr. Jamshead Amiry Bigvand, formez, Director of the Marodasht
          Shires Petrochemical Laboratory, and 13 other persons had allegedly been convicted
          on the charge of espionage for the United States of America, an offence for which
          capital punishment might be applied. Reportedly these persons had been held for
          months in solitary confinement at Evin prison, and had not been allowed to avail
          themselves of legal assistance of their own choosing. It was further alleged that
          confessions had been extracted under torture and that some of them had been
          compelled to make extrajudicial confessions which were broadcast by the Iranian
          television. The Special Representative requested to the Government by a letter,
          dated 8 May 1990, that all 14 persons be enabled to benefit from all the procedural
          safeguards provided for in articles and 14 of the International Covenant on Civil
          and Political Rights and also safeguards 5 and 6 of the annex to Economic and
          Social Council resolution 1984/50 of 25 May 1984, entitled “Implementation of
          safeguards guaranteeing the rights of those facing the death penalty'. The Special
          Representative further requested infnrmation on the precise charges brought against
          these persons and all relevant details of their trials. Finally, the Special
          Representative appealed to the Government that, in the event that all legal
          remedies had been fully exhausted, every possible consideration be given to the
          granting of clemency to those persons.
          36. On 11 May 1990, the Special Representative, pursuant to his letter dated
          8 May 1990 and reiterating the requests expressed therein, communicated to the
          Permanent Representative 10 more names of persons allegedJy belonging to the
          above-mentioned group of 14 as followsi Dr. Bahman Agahy, Legal Advisor of the
          Iranian Foreign Ministry; Hooshang Amjadi Bigvand; General Ardeshear Ashraf;
          Nanochehr Asar, Attorney; Masoud Deadehvar, Planning Advisor for the Iranian Oil
          Company; Navy Captain Kyanoosh Hakeamy; Colonel Bahrasn Ikany; Heahmatolah Magsoody,
          Clergyman/Attorney; Captain Gabraman Maleksadeh and Colonel Masoud Payaby.
          37. By a letter dated 5 June 1990, the Permanent Representative of the Islamic
          Republic of Iran to the United Nations Office at Geneva forwarded to the Special
          Representative the following response of the judicial authorities of the Islamic
          Republic of trans
          “According to the article 37 of the Constitutln of the Islamic Republic
          of Iran, and as contained in the second paragraph of article 14 of the
          International Covenant on Civil and Political Rights, no person shall be
          considered guilty by law unless the accusation against him is proved by a
          competent court end the courts are naturally obliged to act accordingly;
          “In the light of information received by the Islamic Revolutionary Court,
          those people were arrested and tried in accordance with the law. In addition,
          they were entitled to appoint a legal counsel ane they duly and friely
          defended themselves during the trial;
          “With regard to the right of the accused to resort to higher court, it
          should be mentioned that the sentences issued in accordance with law could be
          reviewed in the Supreme Court. Consequently, after the issuance of the
          verdicts all the accused requested for a review by the court of appeal.
          - /..•
          A/45/ 97
          Page 13
          Investigation, therefore, was conducted on their request and the verdicts of
          the two of the accused were referred to another court for re-examination.”
          38. On 19 February Radio Tehra announced that 31 persons had been executed for
          drug trafficking and organizing prostitution in the oitiea of Tehran, Sabeevar,
          Karaj, Arak, Kerman, Boushahr, Sari, Qom, Bakhtaran and Rashat. Radio Tehran
          supplied the names of those executed in each of those cities. Other sources stated
          that the charges were formation of and participation in international
          drug-trafficking bands, importing, transporting, purchase and sale of opium, heroin
          end hashish, corruption and establishment of prostitution centres, perverting girl.
          end married women and corrupting the younger generation. Accotding to an article
          which appeared on 20 February 1990 in the newspaper a communiqu issued
          by the Office of the Prosecutor General stated that decisive legal action against
          the drug traffickers will continue. The article also indicated the names of the
          30 executed persons (see appendix I).
          39. It has also been reported that 18 prisoners were executed on 17 and
          27 April 1990 in the City of Sanandaj. It was asserted that they were militants
          who attended May-day celebrations in Sanandaj last year. The names of 14 persona
          belonging to this group were given as follows: Hehdis Bolur-Forush,
          Jamal Cheragh-Disi, Nader Fat'hi, Seid Saleh Hossieni, Naser Jalali,
          Ahmad Mohamadi, Mi Ashraf Noradi, Mohsen Othman Pour, Abmad Parvizi,
          Mohamad Rozaii, Naser Sobhani, Anver Shariati, Roya, Bakhtiari.
          40. It has further been reported that on 14 February 1990 a judicial panel sent to
          Hemaden on behalf of the Head of the Judiciary issued the following sentences:
          (a) Gholamhoasein Golsar, 27 years old, discharged employee of the
          Agricultural Bank of Hamadan; 74 lashes for conuititting robbery: 92 lashes for
          participation in a forbidden act, bad decapitation by the just sword of the ‘
          Imam Au;
          (b) Gholainhassan Goizar, aged 28, discharged employee of the Hamadan
          MunIcipality: 74 lashes for coanuitting robbery: 14 lashes for participation in a
          forbidden act, and decapitation by the just sword of Imem AlL;
          (c) Resa Khanian, 23 years old, fruit and vegetable centre clerk: 74 lashes
          for coiamitting robbery; 50 lashes for participation in a forbidden act; amputation
          of hand for convnitting assault and battery and hanging by scaffold.
          41. The newspaper Kayhan announced on 3 January 1990 that Khodakaram Zamani, given
          a retributory death sentence for the murder of Morad-Ali Resai, was executed on the
          main square of Khorramabad.
          42. Th, newspaper announced the following executionsi Gholwn Zanbgian
          and Raghid Noor-Mohammadi, in Bakhtaran, on 6 January 1990, for murder,
          Ahmad Souri. for murder, on 9 January; two persons whoa. names were not announced,
          in Mashed on 1 January 1990, for murder: and the murderer of a 13-year-old girl,
          hanged in khwaz.
          / ...
          A/45/ 697
          Page 14
          43. The Special Representative has been particularly shocked of the news of the
          assassination on 24 April 1990 in Coppet, Switzerland, of Mr. Kazem Rajavi, who
          repreaented the National Council of Resistance before various United Nations
          bodiee. All those who knew Mr. Rajavi were deeply moved by that ill-fated
          occurrence. On behalf of himself and his colleagues, the Special Representative
          wishes to zpress his condolences as well as his profound concern and most forceful
          repudiation of the use of blind violence in lieu of free discussion and the
          interplay o ideas. Numerous communications were received alleging that the
          assassination was carried out by agents of the Iranian Government. According to
          the Tehran Times of 26 June 1990, Foreign Ministry spokesman Morteza Sermadi had
          expressed the hope “that the Swiss judicial officials through their thorough and
          fair investigation of the case conducted away from any pre-judgement, prevent
          materialization of conspiracies end plots of enemies of the nation and the
          Governnien ”. In $ his connection, the Special Representative, by a letter dated
          19 September 1990, drew the attention of the Permanent Observer of Switzerland to
          the United Nations Office at Geneva to resolution 1990/8 adopted on 30 August 1990
          by the Sub-Commission on Prevention of Discrimination and Protection of
          Minorities. In that resolution, the Sub-Commission had expressed the wish that all
          facts and circumstances of the assassination of Mr. Kazem Rajavi would be fully
          investigated and that the Special Representative include information available to
          him on the investigation in his next report. The Special Representative requested
          that he be provided by the Government of Switzerland with any information that it
          would be able to make available to him with regard to the investigation of the
          case. At the time of the finalization of the present report, the Special
          Representative had not received the requested information.
          44. The assassination of Mr. Rajavi generated fear in persons visiting the Palais
          des Nations to give information about human rights in the Islamic Rdpublic of
          Iran. They took extraordinary precautions so as not to draw attention to their
          lives and their beliefs and asked for special police protection, in some cases
          notifying the competent authorities in advance of their movements in Geneva or
          requesting interviews outside the Palais des Nations,
          45. It has also been widely reported that the Iranian Government has endorsed the
          death sentence pronounced by Ayatollah Khomeini against the British author
          Salman Rushdie. On 5 June 1990, the Leader of the Islamic Republic of Iran,
          Ayatollah Au Khameue'i, reportedly stated that the fatwa (religious verdict) of
          the late Imam Khomeini concerning the author was based on divine rulings and
          remained irrevocable.
          46. In many communications the Special Representative has received, it has been
          asserted that the families had never been officially notified that their relatives
          had been executed. In addition, those that were notified were often not told where
          their relatives had been buried.
          47. It has been reported that as of January 1990 per oris have been executed in the
          Islamic Republic of Iran for their homosexual or lesbian tendency. It was asserted
          that at least five suh executions took place in January 1990. .
          / . . .
          Page 15
          48. The Special Representative has repeatedly received expressions of fear that
          the serious accusations formulated against the co-signatories of the open letter
          which Mr. Mehdi Bazargan, Prime Minister of the first provisional Government of the
          Islamic Republic of Iran, had addres ed to the President of the Republic, could
          result in executions. Particular concern was expressed over a televised
          ‘ confession' by Mr. Farhad Bebbehani, a member of the dissolved Association for the
          Defence of Freedom and Sovereignty of the Iranian Nation, in which he reportedly
          admitted connections between the association and foreign Governments. In this
          connection, the Special Representative wiahes to emphasixe that such extrajudiolal
          confessions are contrary to internationally recognised standards of due process.
          49. Other individual cases were reported as followsi
          (a) Mr. BizhanAbmadian It has been reported that he was shot in a street
          in Babol and that the authorities refused to return his body to the family.
          Subsoquently, his parents and some other members of his family were allegedly
          (b) Mr. Mohanunad FadaUs It has been reported that he was sentenced to
          five years imprisonment. At the end of his prison term, which was spent in Meshed
          prison, he was released. In 1988, allegedly without any reason, he was again
          arrested, subjected to several kinds of torture, and executed;
          (c) Mr. Aniir Taavoni-Ganjis It has been reported that in 1987
          Mr. Taavoni-Ganji, his wife and daughter. left Iran out of fear for their safety
          and liberty. When he returned for a short visit in 1988, he was immediately
          arrested and taken to Evin prison. In November 1989, the prison authorities asked
          his family to collect his clothes and other belongings, as he had been executed;
          (d) Mr. Mohanunad Ansin Daneabs It has been reported that he was executed on
          12 January 1986 in Iranshahr and that his body was burned by the Guardians of the
          Islamic Revolution;
          (e) Mr. Davoud )lohanuwadis A former veterinarian working in the Veterinary
          Office of Arak city. It has been reported that he was executed in October 1989 on
          charges of drug trafficking, but that the real reason for his execution was to be
          found in his political activities opposing the Government.
          50. Further names of persons who were allegedly executed, updating the lists which
          the Special Representative annexed to his previous reports, wer.i included in
          annexes to the two memoranda. OEey are reflected in appendix I to the present
          report. The Special Representative requested the Government to provide him with
          detailed information on the relevant charges and trial proceedings for all persons
          , . . .
          A/45/ 697
          Page 16
          B. Right to freedom from torture or cruel. inhuman or degrading
          treatment or unishmenti allegations concerning torture,
          ill-treatment and pxison conditions
          51. Reports on torture and ill-treatment during imprisonment have continued to be
          received since the first visit of the Special Representative to the Islamic
          Republic of Iran. It was also alleged that mutilations and corporal punishment are
          being applied. In this context, it is pertinent to note that gence France Presse
          reported that, according to Kayhan , a person convicted for robbery suffered the
          amputation of four fingers on his right hand in Ghasr prison at Tehran. On
          20 January 1990, the same news agency reported that two persons condemned for
          robbery had suffered the amputation of four fingers on their right hands. The
          sentence was reportedly executed in front of a large crowd that had assc.mbled for
          Friday prayers.
          52. By a letter dated 23 May 1990, the Special Representative inquired about the
          situation of Dr. Au Reza N siri, reportedly being detained on unknown charges at a
          prison situated at 21, Mohsangi/Asadi Street in Mashad nd suffering from an acute
          eye disease, resulting from diabetes, which urgently required surgery. According
          to the information received by the Special Re resentative, Dr. Nasiri was arrested
          by the Pasdaran in Mashad in 1989. The Special Representative asked to be informed
          of the charges brought against Dr. Nasiri, as well as of the relevant details of
          his trial proceedings. He also requested the Government to ensure that Dr. Nasiri
          receives every medical treatment required for his condition.
          53. By a letter dated 15 June 1990, the Special Representative inquired about the
          situation of Mr. Nouz -eddine Kianouri, former First Secretary of the Tudeh Party,
          whom he met at Evin prison during hia first visit to the Islamic R public of Iran.
          According to the allegations received, Mr. Kianouri had been placed in solitary
          confinement shortly after the departure of the Special Representative from Tehran
          and had no longer been allowed to receive visits.
          54. The Special Representative has also been informed that Mr. Kianouri's wife,
          Mrs. t4eriam Feirouz, was placed in solitary confinement, despite her advanced age
          and poor health.
          55. In addition, the Special Representative received the following allegationsi
          (a) Jamehid Amirl-Bigvand , 52 years old, former Director of Marodasht Shiraz
          Petrochemical Laboratory. was arrested on 18 September 1988 in front of the
          above-mentioned laboratory. Mr. Amiri was placed in solitary confinement in Evin
          prison and was allegedly torturedi
          (b) Paryin Ainiri-Bigyand , 51 years old, wife of Houshang Amjadi-Bigvand , was
          arrested in November 1988 at her residence in the city of West Kota with her
          husband and her children. She was placed in solitary confinement for eight months
          and then released. She was allegedly tortured during her stay in solitary
          confinement, .
          / . . .
          Page 17
          (c) Housnang Amjadi-Bigvand , 51 years old, self-employed, was arrested in
          November 1988 at his residence in the city of West Kots. His children and his wife
          were also arrested at the same time. He was placed in solitary confinement in Evin
          prison where he was allegedly tortured. Although his general r'r ndition of health
          was reportedly poor, owing to a bleeding stomach ulcer, Mr. A ijadi had eported1y
          not been permitted to receive medication from outside the prison;
          (d) Raza Arbabi , 38 years old, was reportedly arrested in 1983 and kept in
          Mashad prison. On 22 June 1984, he was sentenced to 15 years' imprLsonment by the
          Mashad Court. Later he was transferred to Gohardasht prison, allegedly in a
          serious condition. Since 1988, his family have had no news about him;
          (e) 1x . Yagoub ahramy . It has been reported that he was repeatedly
          subjected to beatings in Ghasr prison;
          (f) t4x Ae QJ .1ah_Ba ,yat. It has been reported that he was repeatedly beaten
          with cables in Ghasr prison, resulting in mental problems;
          (q) M A d shir Bojw n . It has been reported that he was arrested in
          December 1989 for refusing military service. H was reportedly beaten up and his
          jaw broken;
          (h) Mr. Kern n nj. It was reported that he had 5tstributed pictures of
          the late Shah and displayed the former Irazian flag in Valiehd Square and
          Pole-Seyyed Khandan. Reportedly, he had been arrested by the revolutionary guards
          at the house of a certain Mr. Misaghieh at Shemiren and taken to the Komiteh in
          Jamaran District, where he was allegedly tortured; as a result, his jaw and teeth
          were broken;
          (i) Mr Asian Fadavy . It has been reported that at Euin prison he suffered
          severe beatings;
          (j) Mr. Masood Farjad. angina . Security officers allegedly used burning
          cigarette butts to inscribe on his back “death to opponents of Velayate Faghih”
          (religious guide);
          (k) Mr. Navabali Gh eji maghami . It has been reported that he was subjected to
          various forms of sexual abuse and psychoJogical torture in Ghom prison. He wee
          allegedly forced to watch other prisoners being tortured. Several times, his
          clothes were reportedly soiled with the urine and excrement of other prisoners;
          (1) t' s._OEhere Hadadian anjani, aged 53, reportedly spent more than five
          years in prison, partly in solitary confinem v P. As a result of being flogged on
          the soles of her feet with cables, and other kinds of alleged torture, she had to
          undergo surgical operations;
          (m) 1s. Sora a H gbi1iefls . It has been reported that the Procurator of
          Tabriz prison allegedly ordered her arrest when she refused his sexual advances.
          In prison she was allegedly flogged and forced to witness other prisoners being
          / . . .
          Page 18
          (n) Mr. Ahmad Khanzaanapouz . It has been reported that he was imprisoned from
          1981 to 1986 in Evin. Gohardasht and Ghezel-Hesar prisons. Despite the fact tha
          he has epilepsy, he was allegedly subjected to different kinds of torture. In
          particular, it was reported that ne was beaten with cables, that his genital organs
          were connected to electric wires and that he was forced to witness other prisoners
          being tortured. Allegedly, the prison guards used to confiscate the drugs he
          needed to treat his epilepsy, and whai he had epileptic fits, medical care was not
          provided except in the most criticel situations;
          (o) t4r. Habib Maffj . It has been reported that the p ison guards in Tabriz
          broke his teeth during beatings. Reportedly. he also suffers from severe mental
          problems as a result of torture:
          (p) Mr. Ebrahim Mazrg.j.j . It was alleged that he was unlawfully imprisoned
          end tortured. He reportedly filed a complaint with the authorities, but to no
          (q) Mr. Afrasiab Pakzaddgan . It has been reported that, on two occasions at
          Ohom prison, he was tied to a chair while dogs were incited co attack him;
          (r) John Paths , citizen of the United Status of America. It is reported
          that he has been held in Evin prison for four years. The prison doctors have
          allegedly stated that he is suffering from severe anaemia due to malnutrition, from
          weight loss, baa of hair and that his skin has a green hue:
          (8) Mr. Eahim Rahseparian . It has been alleged that he was forced to perform
          various sexual acts in Tabriz prison:
          (t) LIIM&d Rashed-Maz andJ , 32 years old. He was arrested in 1981 at Tehran
          and sent to Evin prison, where he allegedly was under constant torture. In 1983,
          he was sent to Ghasr prison at Tehran. Since 1989, the prison g .iards have not
          allowed any meetings with him. Since then there has been no news of
          Mr. Rashed-Marandi;
          (u) Mr. Mpstafa Salehyar . It has been reported that four prison guards
          sexually abused him and that he was beaten on his genitals:
          (v) Mohai' mad Raze Sedaghat , former manager at ne of the Government offices.
          It has been reported that he is in prison without any charge and trial, and that he
          has suffered from torture many times, resulting in serious damage to hi feet;
          (w) Ms._Fatema1e .i i-Asj1.. It was reported that she was arrested in 1981 on
          the accusation of being a Mojahedin syi pathizer. While in prison, she was
          allegedly subjected to torture, resulting in serious mental disorder. She was
          released in 1988, after six years of imprisonment:
          (x) ni bid Torabi , 37 years old, was arrested in 1982 and taken to Evin
          prison. There he was given a brief trial, reportedly without the presence of a
          lawyer for his defense. He was sentenced to an undefined period, from 15 to
          17 years' imprisonment. Later he was transferred to Goharda3ht pris n, where he
          / . . .
          A/ 45/697
          Eng 11 sh
          Page 19
          was held until the spring of 1989, when he was transferred back to Evin prison.
          Allegedly he has been severely tortured several times during his years of
          (y) ML Mehrang,i . Q n j% . It ha been reported that she wa arrested in
          1981 snd charged with being a Mojahedin sympathizer. She was imprisoned for two
          and a hale years in Tabria prison. It was asserted that in prison she was
          subjected to different kinds of torture anc. rape. Allegedly as a result of having
          been raped repeatedly, her intestines were damaged and she had to undergo a
          surgical operation. She was hospitalized for 18 months, first in the hospital of
          Tabriz prison and then in an ordinary hospital. It is alleged that she has not yet
          fully recovered.
          C. Administration of justice
          56. It has been reported that, although the Administrative Regulations Governing
          the Revolutionary Courts and Public Prosecutor's Offices stipulate that an Islamic
          revolutionary court should be presided over by a religious judge and that it should
          be composed of as many as five members, in practice, such courts have consisted of
          only one judge discharging his duties in t summary fashion. Allegedly, hearings
          before such courts have in many instances been a matter of minutes only.
          57. It has also been re orted that trials before Islamic revolutionary courts have
          usually taken place in secret, sometimes inside prisons, that defendants have not
          enjoyed the right to be re2resented by a lawyer, and often have not even been made
          aware that the proceedings were in fact a trial and not an int.irrogation session.
          58. It has been reported that prisoners may be held in indefinite pro-trial
          detention. The principle of presumption of innocence is allegedly not respected,
          particularly when the subject is accused of baing a member of an armed opposition
          group. It was said that lawyers generally do not accept cases of such a nature in
          order not to be suspected of being armed opposition sympathizers themselves. The
          absence of lawyers in political trials has been considered as one major shortcoming
          in the procedures of revolutionary courts. Others were said to consist in the
          denial of the right of the accused to call witnesses in their own defence, and in
          the absence of the right of appeal against verdict and sentence. In this
          connection, it may be recalled that, during his first visit, the Special
          Representative was informed by the President of the Supreme Court of Justice that
          the right of appeal is recognized and that no exception is made in cases under the
          jurisdiction of the revolutionary courts. However, Article 11/2 of the
          Administrative Regulations Governing the Revolutionary Courts and Public
          Prosecutor's Offices precludes the possibility of any revision being made to the
          judgements of Islamic revolutionary courts. (For the explanations received from
          the authorities in this regard see para. 206.)
          59. It was also said that, in the proceedings of revolutionary courts, the
          requirement for adequate time and facilities for the preparation of a defence is
          generally not met. Reportedly, during the period of investigation 1 persons to be
          tried before revolutionary courts are frequently held in solitary confinement and
          Bngl iah
          Page 20
          incommunicado and are not informed sufficiently in advance of the date of their
          trial. It was further alleged that in practice the Islamic revolutionary courts
          give greater priorit.y to handing out exemplary punishments than to ensuring that
          the accused receive fair trial.
          60. Other reports alleged disregard ot court sentences by arbitrary extension of
          the terms of imprisonment, execution of inmates sentenced to life or imprisonment
          of various durations or rearrest of persons who already completed their prison
          61. With regard to the administration of justice in cases of drug trafficking, it
          has been reported by the newspaper Abrar that, in conformity with instructions
          given by the Deputy Chief of Intelligence of the General Committees Command, since
          the entry into force of a new law against drug trafficking, 50,000 drug addicts
          have been arrested, including 19,822 heroin addicts, 22,963 opium addicts, and
          7,215 hashish addicts. According to figures provided by Radio Tehraz on
          10 January 1990, out of a total number of 800,000 drug addicts in the country,
          50,000 have been arrested. On 24 January 1990, Radio Tehran announced that
          335 drug traffickers and pushers had been arrested on 21 January, as well as 2,231
          addicts, and that all had been handed over to the judicial authorities.
          62. OEe Special Representative has been apprised of the following specific cases
          of alleged irregularities in the administration of justice, which were reported as
          (a) Ms. MLtraAmeli , aged 36, widow, medical doctor, daughter of Ziaedin and
          Aghdas. It has been reported that she was ar .ested on 9 October 1984 and sentenced
          to seven years' impriso ment. Her husband, Mr. Anoushirvan L.ofti, one of the
          leaders cjf Pha Organization of Iranian People's Fedeyan. was arrested in 1983 and
          executed in 1988. Her daughter, Khatereh, was born in prison on 30 March 1984. On
          28 April 1984, the child was given to Mitra Ameli's mother for care outside the
          prison. It was reported that Ms. Anieli's release, due in 1990, had been made
          contingent upon her publicly denouncing the activities of her late husband;
          (b) Mr. Roge.r. Cooper , British, aged 55, businessman. It has been reported
          that he was arrested on 7 December 1985, apparently for overstaying his iisa. He
          was allegedly held without charges, and was refused any consular visit until
          August 1986. During the early months of his detention he was described publicly as
          a British spy and was portrayed in a television interview as confessing to vague
          spying charges. However, no charges have ever been announced and no public trial
          held. Consular access has allegedly been inadequate. Ha has received only six
          consular visits from members of the British Interests Section and four from members
          of his family since his detention. His right to send and receive mail has
          reportedly been seriously limited, although this is said to have improved in recent
          months. Rumours were reported according to which he had been sentenced to two
          terms of impri onnient on spying charges, with the result that he would not be
          eligible for release until about 2003;
          (c) Jamahid. Fadac was reporte.ily executed in the city of t4asjed Solaiman
          after four months of imprisonment and without a trial. During his time in prison
          his family was not permitted to visit him;
          / . . .
          Page 21
          (d) Mehrdad Fadac . It is reported that he was executed in the city of Masj.d
          Soliaman after 4 months of imprisonment and without a trial. During his detention
          his family was not permitted to visit himi
          (e) Mr. aeed accountant in the Office of the Justice Ministry in
          Tonekabon. It was reported that on 3 December 1989, 10 Guardians of the Islamic
          Revolution went to his house, took away some of his private documents and
          intimidated his wife and children. Later in the day, two Guardians of the Islamic
          Revolution came to his office and took him to Nashteroud prison, blindfolded end
          handcuffed. The Guardians told him that his arrest warrant had been issued by
          Mr. Raniexanipour, Public Prosecutor of the Islamic Revolution in Tonekabon. In
          prison, Mr. Firoos was asked to sign some prepared texts incriminating certain
          officials of the Justice Ministry end secular judges in Tonekabon who had sentenced
          some Guardians of the Islamic Revolution to death for having carried out
          assassinations. Mr. Firoos refused to sign the papers and as a consequence was
          allegedly tortured. His wife reported the matter to the Office of the Inepectorate
          General at Tehran. Two inspectors came from Tehran and reportedly confirmed that
          the prison authorities had tortured Mr. Firoos and other prisoners. However, later
          the inspectors returned to Tehran as a result of pressure exercised by higher
          religious authorities without concluding their investigation. When Mrs. Firoox
          tried to pursue the matter in Tehran with the Office of the Inspectorate General,
          Guardians attacked and confiscated her car. Mr. Firoos subsequently menagod to
          escape from prison:
          (f) Ms. Hura Fuladp ux , aged 38, married, teacher, daughter of Ghauem and
          Sedigheh. It was reported that she was arrested in February 1983 in Tehren and
          sent to Evin prison. She has allegedly not been informed of the reasons and
          duration of her imprisonmenti
          (g) Ma. Zohrah ..Q .a j , aged about 35, widow, high school teacher and editor
          of a young women's newspaper of the Youth Orgenisetion of the Tudeh Party,
          Azar&khaij . It is reported that she was detained as e' e wee going to a meeting at
          the Party's offices in Tehran in early 1983. Her husband, Mr. iumare Zarshenas,
          and another 50 people were arrested on the same day. For about six months after
          Zohreh Ghaeni's arrest, there was no news of her whereabouts and no one wee able to
          see her. Subsequert to televised confessions by several Tudeh Party leaders, she
          was able to telephone her family. Two or three months later, the euthoriti. at
          Evin prison notified her family that they would be permitted to visit her once
          every two weeks. She was allegedly not tried until about three and a half years
          after her arrest. Her trial reportedly consisted of her being brought before a
          mulleh who sentenced her to eight years' imprisonment. This sentence was to run
          from the date of trial and did not take into account the period of pre-trial
          detention. The precise charge against her is allegedly still not known.
          Reportedly, she was told by the prison authorities that she must divorce her
          husband. as he was a communist end an atheist. She refused to comply and her
          husband wat executed in autumn 1988. During the time of the Government of the
          Shah, Ms. Ghaeni spent one end a half years in prison as a result of her political
          activitiei ;
          (h) Mahmoi d.kiu.s,azi.j was reportedly sentenced to seven years' imprisonment end
          executed shortly before completion of his prison term,
          A/45/ 697
          V nglish
          Page 22
          (j) 5ussan HppseLnspdeh-Arabj , born in 1962 in Rasht, was reportedly detained
          on 15 September 1981 and executed in the city of Rasht on 14 September 1989,
          allegedly without any trial;
          (j) j4s. Fatemeh Hosseinsadeh-Tussi Moghadam , also known s Giti Azareng, aged
          about 40, widow, employee of an insurance company. It has been reported that she
          was arrested in April 1983 with her two-year-old son, who was imprisoned with her
          but later released and handed over to relatives. She was sentenced to 13 years'
          imprisonment, apparently for having links with the Tudeh Party. Her husband.
          Saeed Azarang. was executed in the latter part of 1988:
          (k) . jDtemeh .Js ,. dj, aged approximetely 40, widow, medical doctor. It was
          reported that she had beeu a political prisoner under the Shah's r gime and was
          again arrested in February 1983, at the same time as her husband,
          Mr. Faribors Salehi, for activities in support of the Organization f Iranian
          People's Fedeyan. Her husband was executed in 1988. She was sentenced to 20
          years' imprisonment after a summary trial. While in prison, she has allegedly
          contracted tuberculosis:
          (1) Mahin Jahangji.j , 26 years old, was reportedly imprisoned in 1981 in
          Semiron. After approximately 35 days in prison, she was allegedly executed without
          (m) MQ i ITILTIg Gholi Jahangiri , 24 years old, was imprisoned in 1981 in
          Semiron, and allegedly without any trial, was executed after 35 days in prison,
          (n) Mt niHQJ sh ngi mLani. It has been reported that he was arrested
          in 1984. In 1986 he was sentenced to 30 years' imprisonment. Since 1988 he has
          not been allowed to receive vi*iits. His present whereabouts are unknown;
          (o) Ms. Malekeh Mohammadi , aged about 65, widow, journalist and editor of the
          Tudeb Party newspapers Mardoni and P nya. She was arrected in April 1983, along
          with Meriam Firouz, and sentenced to death, but the sentence was later commuted.
          The charges on which she was convicted are unknown. She was married to
          Mohanz ed Pour-Hormozan, a leading Tudeh Party figure, wno was executed in the
          autumn of 1988;
          (p) ffieyyed-MehdLi1 a.i.y , 64 years old. It has been reported that he has been
          detair... d since 24 April 1988 without any charge or trial, allegedly because his son
          was a Mojahedin supporter;
          (q) Mr. t4ohammad-Taghi Rahimp our , assistant lieutenant in the Army. It was
          reported that he was arrested in 1981, allegedly because the Guardians of the
          Islamic Revolution were unable to arrest his wife, Ms. Zahra Noun, accused of
          being a Mojahedin sympathizer. In 1982, he was sentenced to life imprisonment In a
          summary trial which reportedly lasted five m nutes;
          (r) Au Reza Rajaj , born in 1957, was reportedly executed in 1989 after six
          years of detention in Evin, Gohardasht and Ghezel-Hesar prisons. Reportedly, he
          had been sentenced to only five years:
          Page 23
          (s) Ms. t4wiijeh Riazi , aged 36, married, utudent, daughter of Jaber. It has
          been reported that she was arrested in June 1981, sent to Evin prison and sentenced
          to two years' imprisonment At the end of the two years, she was tgain questioned
          but not released. She has allegedly not been told why and how long she must remain
          ‘n prison;
          (t) Ms. Faezeh Sabat ahromi , aged 33, married, student, daughter of Fathali
          and Ehteram. It has been reported that she was arrested in 1983 in Heser k, Karaj,
          with her six-month-old son. The child was In prison up to school age.
          Ms. Sabetjahromi was sentenced to 10 years' imprisonment. She is the wife of
          Mr. Ebrahim Avakh, leader of the Organization of Revolutionary Workers of Iran;
          (u) Ms. ?ateme jZohreh) Sadigh Tonekaboni , widow, teacher. It was r ported
          that she had spent over five years in prison during the Shah's Government, but had
          been released at the time of the revolution. She was re-arrested in 1983. it is
          not known whether she has been tried or sentenced since then;
          (v) Mahamjnad Raza Sedaghat . It has been reported that he is in prison
          without any charge or trial;
          (w) Mej 4i Vosooghijj was reportedly arrested in 1985 and sentenced to four
          years' imprisonment. After the first year he was tried again and convicted for 12
          years. In June 1988, he was reportedly executed.
          D. Freedom of opjj n. expiassion. press and association and
          right to peaceful assembly
          63. It has been reported that the Government continuously intervenes in the free
          flow of information in the form of letters, telegrams, telexes and telephone
          conversations. In this connection it wee alleged that a large number of disabled
          veterans have been hired and placed in the communications offices throughout the
          country to monitor telephone conversations between citizens. L.et..era coming in and
          going out of the country are allegedly routinely opened.
          64. It has also been reported that printing houses are required to obtain the
          previous formal permission of the Ministry of Culture and Islamic Guidance for all
          publications and that printing paper is attributed by the Ministry only to those
          publishing houses whose publications have been approved.
          65. On 27 June 1990, the Special Representative sent a letter to the Permanent
          Representative of the Islamic Republic of Iran to the United Nations Office at
          Geneva expressing concern about reports received according to which a number of
          co-signatories of an open letter which Mr. Mehdi Bazargan, Prime Minister of the
          first provisional Government of the Islamic Republic of Iran, together with 89
          other persons recently addressed to the President of the Republic, had been
          arrested. The names of some of the detained co-signatories of the open letter were
          given as follows Abdol All Bazargen (son of Mebdi Baxargan), Ezzetollah Sahabi
          (former Director of Planning and Budget), Reza Sadr (former Minister of Trade),
          Hussein Beni Assadi (former Vice-Prime Minister), Shams Shahshahani (former
          , . . .
          Page 24
          Prosecutor of Tehran) , Nour AlL Tabandeh (lawyer and former Vice-Minister of
          Justice), Yadollah Chemse Ardallan, AU Ardalan, Rochan Ardalen. Farhad S& ibahani.
          Abbes Ghaem Sabehi, Rhosaro Mansourian, Heehem Sebeghian, Ezetollah Hamede Sahabi,
          Mohaswnad Tavaseoli and Akbar Zarrinebbaf. The Specia 1 Representative requested the
          Permanent Representative of the Islemic Republic of Iran to provide him with
          information about the arrest of these persons, the charges brought against them and
          about the Association for the Defence of Freedom and Sovereignty of the Iranian
          Nation, which had been alle edly dissolved as a consequence of the open letter.
          The Special Representative requested assurances that any persons arrested in the
          above context would receive humane treatment while in detention and benefit from
          all procedural safeguards provided for in the International Covenant on Civil and
          Political Rights.
          66. On 9 JUSy 1990, the Special Representative transmitted the following
          additional names of persons allegedly arrested as a consequence of the open
          letter* Mr. Habib Davaran, Mr. Maim Pour, Mr. Amir Tavakol Ebrahimi,
          Mr. Hossein Shah Ho aeini, Mr. Nezamedine Movahed, Mr. Mahmoud Maleki,
          Mr. Hormos t4omayezi, Mr. Said Sadr, Mr. Hamid Sadr, Mr. Khosrow Parse,
          Mr. Ahmad Shayegan, Mr. Mahmoud Habibi. Mrs. Shahin Parsa and Mrs. Azar Sadr. He
          also reiterated the requests made in his letter of 27 June 1990. On
          8 October 1990, the following additional names of allegedly airested persons were
          communicated to the Governmentsz Mr. Abedi Rahim, Mr. Ghaemossabahi-Aobas,
          Mr. Yekta Habib, Mr. Gorgi Au and Mr. Gharavi Asghar.
          67. On 12 July 1990, the Special Representative he ird the testimony of
          Mr. Aboulfas Khorassani Nejad, who said he was a political science graduate and a
          reporter for an evening newspaper. He said that his journalistic activities had
          caused him serious problems on the one hand, his articles were often censored or
          not printed and he was not entirely free to practise his profession. On the other
          hand, because of his articles, he received many letters containing threats from the
          Mojahedin, which considered him a collaborator of the Government without realizing
          that his articles were often rewr.ttten. In 1981, he and his wife were assaultad by
          two individuals armed with revolvers who shot at them. As a result of that attack,
          his wife died.
          68. Another person interviewed the same day said he 4 tad belonged to the Tudeh
          Party and carried out political activities in the north of the country on the
          border with the Union of Soviet Socialist Republics. In September 1983, he had
          been arrested and had been in prison until February :988.
          69. Many press reports. publications of opposition groups abroad and reports from
          Iranian sources told of clashes between demonstratorr and PaRdaran on the ou'.skirts
          of Shiroudi Stadium in Tehran. The incidents were apparently ret off by the
          cancellation of the soccer games and the fans' protests turned into political
          protests. The people demonstrating shouted their opposition to the Government and
          hurled stones against cars and buildings. Official sources acknowledged the arrest
          of some 30 demonstrators and added that they were released after interrogation.
          However, information from other sources accused the Revolutionary Guards of
          shooting into the crowd indiscriminately in addition to arresting many
          demonstrators and added that 10 persons di d in those incidents and were secretly
          buried in unmarked graves in Behesht-Zhara Cemetery.
          / . . .
          Page 25
          70. On 17 April 1990, OEe Times of L.ondon printed a cable from Tehran saying that
          the police had arrested 65 people in the northern quarter of Tehran because they
          were shouting political slogans end disturbing public order. The same dispatch
          told of the arrest of a group of alleged hooligans attending the funeral of
          Aref Valizadeh, who had been killed by the police on Monday, 16 April, when they
          tried to arrest him.
          71. The National Resistance Movement of Iran announced that Mr. Shapour Rakhtiar
          had called for peaceful marches along the main avenues of all Iranian cities on
          Friday, 18 May, from 10 a.m. to noon to demand that the Government hold free
          elections under United Nations supervision. On 21 May 1990, Mr. Shapour Bakhtiar
          told the Director f the Centre for Human Rights that peeceiul demonstrators who
          had responded to hi, call to march for Lee elections had been attacked and beaten
          by groups supporting the Iranian r4gime although they had not shouted slogans of
          any kind.
          72, On 19 February 1990, Keyhan Intern tiona.t published a report that the Ministry
          of the Interior had authorized three political parties and associations to
          function: Hedayet-e-Islami (Islamic Guidance), headed by Darius Zargari Marandi,
          the Islamic Association of Graduates of the India-Pakistan Uubcontinent, whose
          president's name was not given; and the Society of Zoroastrien Priests, headed by
          Ardeshir Azarghoshasb.
          S. Freedom of movement: right to leave one's country and to return
          73. It has been reported that the Government is maintaining a computerized list of
          nearly 35,000 names of :ranian citizens who are forbidden to travel abroad. Those
          Iranians allowed to travel abroad have to pay heavy exit duties avd passport fees
          in addition to airport tax. The reported amounts are as follows: exit duties,
          $US 625; passport fees, $US 275; airport tax, $US 2,500. A person leaving for a
          second time during a calendar year is reportedly obliged to pay double the amount
          of exit fees. Travel agencies, when issuing tickets, are reportedly required to
          register the travellers' name and address, their destination and place of sojourn,
          and to report it to the sacuritj authorities.
          74. The Special Representative has received the following complaints of an
          individual character:
          (a) Ba ieh Shabidi , 75 years old, housewife. In August 1988, while departing
          Mehr-Abad to the United States of America, she was reportedly prevented from
          boarding the aeroplane. Her passport was confiscated under the charge of being a
          Baha'i, irrespective of the fact that in her passport application she had declared
          herself as Moslem. She was allegedly told by the authorities that she would be
          permitted to leave the country if she was willing to sign a statement that she was
          not a Baha'i. She signed such a statement, but the confiscated passport was never
          returned to her and she was not permitted to leave the country. All her children
          are living in the United States of America;
          / . . .
          A/ 45 / 697
          Page 26
          (b) Be. a Iladipanah , Iranian resident in the United States of America, sent
          his passport (or renewal to the Iranian Interest Section at the Algerian Embassy in
          Washington, D.C. in November 1984. He received a letter from the Interest Section
          stating that his passport had been confiscated because he had participated in
          enti-governn%I nt protests.
          F. Allegations of intimidation or reprisal
          75. In its resolution 1990/76, adopted on 7 March 1990, the Commission on Human
          Rights condemns all acts of intimidation or reprisal, in whatever form, against
          private individuals and groups who seek to co-operate with the United Nations and
          representatives of its human rights bodies, or who have sought to avail themselves
          of procedures established under United Nations auspices for the protection of human
          rights and fundamental freedoms. It further requests all representatives of United
          Nations iuman rights bodies reporting on violations of human rights to the
          Commission c r to the Sub-Commission on Prevention of Discrimination and Protection
          of Minorities, in the exercise of their respactive mandates, to take urgent steps,
          in conformity with their mandates, to help prevent the occurrence of intimidation
          or reprisal, and to devote special attention to the question in their respective
          reports to the Commission or the Sub-Commission.
          76. The Special Representative has received the following complaints about cases
          of intimidation or reprisals
          (a) 1 i _Ai mad.i. It is reported that the family of this person, who was
          executed in mid-1988, was warned by the prison authorities of the consequences they
          would face in case news of the execution was made public;
          (b) t4oj. raddin Kianoj j , former first secretary of the Tudeh Party, and his
          wife t4eriam Feirous . It is reported that, shortly after his meeting with the
          Special Representative at Evin prison, during which, jzzter al& , he asserted to
          have been subjected to torture, Mr. Kianouri was placed In solitary confinement and
          has no longer been allowed to receive visits. It was also reported that the same
          treatment has been applied to Mr. Kianouri's wife;
          (c) It was also alleged that, during the Special Representative's first
          visit, several persons who had tried to contact him at the UNDP Office at Teh an
          had been prevented from doing so by Government agents who took them for questioning
          to various KomLeh installations. In particular, it was reported that a husband
          and wife (names provided to the Special Representative) had been taken in this
          manner to a Komiteh at t4ottahari Avenue in central Tehran, where they were
          questioned, intimidated and asked to sign a written commitment not to contact the
          Special Representative or any member of his team. According to the report, these
          persons subsequently received several death threats over the telephone and were
          repeatedly summoned by the Komiteh. It was also said that a great number of
          potential complainants (former political prisoners or relatives of executed
          persons) were also threatened over the telephone or summoned to Komiteh
          installations or the revolutionary prosecutor's office and ordered, under th ate
          of imprisonment or execution, to keep away from the Special Representative.
          / . . .
          Page 27
          77. In a letter dated 23 March 1990, Mr. Baza . gan. former Prime Minister of the
          first provisional Government, told the Special Representative that in letters dated
          15 and 16 February 1990 to the Prosecutor General of Tehran and the Minister of the
          Interior respectively, Mr. Tavassoli had reported that he and his family had
          received threats and abusive telephone calls in the days following his conversation
          with the Special Representative. He had attached copies of the letters.
          78. On 13 July 1990, the Special Representative had an interview with a witneos
          who ruquested that his name be kept confidential. The witness stated that after
          the Special Representative had left Tehran, family members and relatives of
          witnesses who had testified before the Special Representative had received threats
          or been arrested. He stated further that some prisoners who had appeared before
          the Special Representative had been tortured and received death threats. At the
          request of the Special Representative, the witness undertnok to provide specific
          and detailed information about the acts he had denounced.
          0. Situation of women
          79. According to reports received by the Special Representative, women in the
          Islamic Republic of Iran have suffered from various acts of discrimination.
          Unequal treatment meted Out to women has been alleged in the following particular
          80. Tn the family context it has been reported, intexalia , that a husband, father
          or brother may kill his wife, daughter or sister when she commits an immoral or
          unchaste act. Further, in case of dissolution of marriage, a mother's right of
          custody over her children was said to be limited to the son under two years of age
          and the daughter under 7 years, even when the father ha died.
          81. In the area of equal opportunities for women, it was alleged that women have
          no access to certain fields of study, e.g. graphics, visual communications and
          cinematography. Promotional opportunities for women were said to be few, with
          practically no women in managerial or supervisory positions.
          82. With regard to the administration of justice, it was reported that a woman's
          testimony in court was considered to be worth half that of a man. Thus, it would
          take two women witnesses to offset a single male's testimony. it has also been
          alleged that a virgin woman condemned to death goes thiough forced matrimony and is
          deflowered before the death sentence is carried out.
          H. Situation regarding the rights of children
          83. It has been reported that, according to Clause 1 of Article 1210 of the Civil
          Law, the age of puberty for girls has been determined to be nine lunar years
          (equivalent to eight years and r ine months). At that age, the father or the
          paternal grandfather reportedly has the right to marry off his young daughter to
          anyone he consid irs su*table, in exchange for a sum of money, the so-called “Shir
          / . . .
          A/45/ 697
          Page 28
          84. It baa also been reported that, according to Article 32 of the Law dealing
          with Islamic punishment, physical punishment of children is permitted to the limit
          of maiming them.
          I. Testimonies concerning acts of violence against the
          civilian po Iation
          85. On 23 February 1990, aix witnesae members of the Organization for Defending
          Victims of Violence. an organization eutablished in the Islamic Republic of Iran,
          requested to be heard by the Special Representative in Geneva. They asked that
          their names be kept confidential.
          86. One witne3a stated that ha used to be a teacher of English and had neve-
          engaged in political activities. Since he was bearded, the Mojahedin suspected him
          of being a fundamentalist and Government agent end made an attempt on his life
          which resulted in the death oC his wife. They advertised the incident as ‘having
          executed a Government agent”. The witnesa stated that he had not been in his
          wife's company when the killing took place. He further stated that in Tehran he
          had tried to see the Special Representative witnout success. He promised to send a
          list with the names of 12 people who, according to him, were also killed by the
          Mojahedin. He stated that his trip to Geneva had been financed by the families of
          people who had died in similar circumstancqs.
          87. Another witness stated that he wee an ex-member of the Mojahedin. He had
          joined the movement after the Revolution, as he had been attracted by its
          propaganda. For two years he was trained in political activities, such as
          organizing of public demonatr tions and social upheaval. Afterwards he went
          through a military training period. In the year following his military training he
          was arrested by the Government and taken to Evin prison. He stated that he never
          had participated directly in military activities. He was condemned to 10 years in
          gaol but was released during the general amnesty in 1986 after serving 4 years. He
          had knowledge of at least three assassinations perpetrated by Mojahedin agents: the
          victims were a grocer, a taxi driver and a watchmaker.
          88. Another witn.g stated that he “as a medical doctor by profession and an
          ex-member of the Democratic Kurdistan Party. He had belonged to that party two
          years before and one year after the Revolution. He alleged that the Democratic
          Kurdletan Party had received money from the Government of Iraq before the war. In
          fact, each family involved in this party had received 5,000 dinara from the Iraqi
          Government. The Iranian ag.nt for the distribution of money was a man called
          Abdullah and was presently very influential with the Party. Although he was in
          exile now, he continued his activities from abroad. According to the witness, the
          Eurdist&n party told their members after the Revolution not to hand in the weapons
          used in their fight against the Shah. One year after the war with Iraq had
          started, a group of people from the Party went to Iraq and brought back arms to
          fight the Iranien Government. The witness expressed the view that the present
          Gover nent has been lenient and has accepted many facts of Kurdish life, auch dS
          publications in their own languages. Although courses in Government schools are
          taught in Farsi. privat, schools which conduct their teachings in Kurdish are
          . ,...
          Page 29
          permitted. This was not the case during the period of the Shah. He further stated
          that frequently he had received death threats and that many of the people who had a
          relationship with the central Gov rr.ment had been assassinated. He stated that he
          knew of the assassinaticn of a woman who was five months pregnant when she was
          killed on suspicion of co-operating with the Government.
          89. Another witness stated that she had joined the Mojahedin for a period of three
          years through her husband who was a Mojahedin leader. Both had received military
          training and she had served as a deputy to her husband. They were arrested
          together and her husband was executed. As his deputy she had initially been
          condemned to prison for life, but her sentence was later reduced to 10 years. She
          was released in 1989, after having served six years. The witness further stated
          that, as an ex-member of the Mojehedin, she could testify to the fact that they
          were a terrorist group. She hat. . been told by the Mojahedin that certain people
          were considered as essential to the Government and that if they were killed the
          Government would coflaps'... Now ehe realized that this system of struggle was not
          rational. One terrorist he had known personally was Mr. Radjavi, who had served
          in the group of her husband. In 1982 Mr. Radjavi had killed a yrocer at Dj'an
          Houri whose name was Hossein Mehrabanian. Mr. Radjavi had also received the order
          to kill a wood carver, called Davood Nazeur Baka, who h d left the Mojahedin
          orgenizat on. Two other members of her husband”; group, who were later caught, had
          killed a seller of textiles by the name of Haji at Narmak. Another killer
          belonging to the group was Ali Soleamani who lived at Djevedeeh and had
          assassinated a housewife. Another terrorist she knew had killed two people, one of
          whom owned an electricity shop in Jajreeah Street and the other, by the name of
          Mahmoud, had lived in Tejreesh Street. OEe witness statt d that it was not easy for
          a member of the Mojahedin to leave the organization and asked the Special
          Representative's help in this regard. The witn as also stated that, while in
          prison, she had met a girl by the name of Mozgan Momayoum Far who was a member of
          the Mojahedin. Her foot had been amputated as a result of an accident she suffered
          while carrying out a Mojahedin mission: after the accident, the driver had left her
          without organizing help. Later the Mojahedin publicized the case, alleging that
          she had lost her foot during her stay in prison.
          90. Another witness stated that she had been arrested in September 1971, as she
          had held responsibility for the protection of one of the private hiding places of
          the Mojehedin. Five or six persons were living there; one was called Mohammed and
          was the perpetrator of several assassinations. In 1981 a fruit seller was killed
          by Mohammed because he supported the Government. Other members of the
          organization, called Ali-Reza Medani and Reza Ostad Hossein, had killed two college
          students by the names of Reza Darrsh Vand and Naserh Salem. OEe entire group was
          arrested in September 1981. OEe witness stated that when new members joined the
          Mojahedin they were promised all kinds of facilities, but all the promises proved
          to be lies and, little by little, they were induced to conxnit crimes. OEe facts
          related should be considered only as samples of the activities of the Mojahedin.
          She said she did not understand how it was possible that members of the
          organization were allowed to move freely in Switzerland and in the United Nations.
          The witness stated that dhe had first been condemned to a life sentence but that
          she had bcen released after six and a half years.
          / . . .
          A/45/ 697
          Page 30
          91. Another witness, an employee with the Iranian Television, stated that when his
          wife was 16 years old, she had contacts with the Mojahedin organization. After
          their engagement she left the organization at his request. When they got married,
          she received threatening letters from the Mojahedin asking her to return to the
          organization. In 1982, a woman who used to be a friend of his wife, accompanied by
          three men, went to their house and violently attacked his wife, who was pregnant at
          that time. As a consequence theii child was born disabled and his wife suffers
          from speech problems.
          92. In addition, on 12 July 1990, the Special Representative heard the testimor.y
          in Geneva of other persons who had requested hearings and who gave testimony on
          this question. Some of them asked that their names be kept confidential.
          93. Mr. Gazam Faripoor said that his father was killed in 1981 by terrorist groups
          despite the fact that he was not politically involved. Thus his family became one
          of the many families victims of terrorism.
          94. Another person stated that he had worked with the Mojahediri organization. As
          a result of his political activities he had served four years in prison, from 1981
          to 1985. He is now working in his father's business, but he intends to resume the
          medical studies he was forced to interrupt to serve his prison term. His
          applications for readmission to the University have been rejected. He charged that
          the groups belonging to the Mojahedin, as well as other political, social and
          religious groups, were trying to exploit and take adventage of the forthcoming
          visit by the Special Representative to Iran. Nevertheless, he said that during the
          first visit, many families victims of terrorism had not been able to speak with the
          Special Representative. He added that many people, including children, were being
          held p isoner by the Mojahedin.
          95. Another person stated that he had been a member of the Mojahediu organization
          since 1979, the year when he was recruited. At the beginning, he was assigned
          simple tasks such as distributing propaganda leaflets. Later, he was given more
          important political tasks, but never military tasks. He stated that in 1981, the
          organization decided to step up its terrorist activities with the aim of
          eliminating those it considered to be key people, mainly officers of the army and
          the security forces. The chief of his cell was Mohammed Moghaddam, who did take
          part in terrorist activities. The witness says he had to go into hiding and live
          in a house with his weapons at the ready. In 1983, his house was razed by the
          security forces and he received a gunshot wound. He was sentenced to 20 years in
          prison. He appealed the sentence and the term was reduced to 15 years. In 1987,
          after four years and three months in prison, he was released under the amnesty
          decreed that year.
          96. Another person stated that his son was killed ine years ago after receiving a
          number of threats from members of the Mojahedin organization.
          97. Another person, a university student, stated that his younger brother had been
          killed by members of the Mojahedin despite the fact that he was not politically
          involved. He said that he tried unsuccessfully to peak with the Special
          Representative during his first visit. He added that many members of the families
          / ...
          Page 31
          of victims of terrorism had not been able to see the Special Representative either
          at that time.
          J. Freedom of religion
          98. It has been reported that the Iranian Bible Society was dissolved by the
          Ministry of Culture and Islamic Guidance in February 1990, and has failed in
          numerous attempts to get approval to re-open. The Iranian Bible Society has
          operated legally and openly for the last 10 years. After its dissolution, its
          files were confiscated and its staff locked out of the premises. In addition, its
          executive secretary, Mr. Sadegh Sepehri, his wife and his son, have allegedly
          suffered harassment and threats of imprisonment.
          99. It has been reported that, starting with the academic year 1983-1984,
          religious education was prohibited in all Christian Armenian schools. New books in
          Farsi prepared by Muslim theologians were reportedly introduced. It has also been
          said that as of 1985-1986 all Christian Armenian schoolgirls were forced to wear an
          Islamic veil, irrespective of the fact that they were already wearing scarves
          covering their hair and neck. It has bean also reported that Armenian clergymen,
          including the Archbishop, have been prohibited from entering school compounds,
          while Muslim clergymen have free access. It was also alleged that messages to the
          students on the occasion of religious holidays have to be submitted in Farsi for
          approval by the authorities two weeks in advance.
          100. It was also reported that the Ardak Manoukian Armenian School was forcibly
          taken from the Armenian community and transformed into a Muslim school.
          101. It was alleged that, in April 1990, Guardians of the Islamic Revolution
          entered the Sipan Cultural and Athletic Club of the Armenian community, closed the
          club and detained three members of the board and the office clerk. They were
          reportedly accused of allowing girls to be present in the premises without head
          scarves. The four detained persons were reportedly sentenced to 74 lashes for
          violating the Constitution. Allegedly, they were allowed to “purchase” the lashes
          by paying 70,000 rials each.
          K. The situation of the k3aha'i conuqunity
          102. Although the number of Baha'is reported to be imprisoned has declined from 13,
          as at 28 November 1989, to 9, as at 30 June 1990, it was alleged that the overall
          policy of discrimination towards the Beha'i community has not changed. The
          termination of discrimination and persecution ia reportedly conditioned on the
          Bahe'is recanting their faith. Some improvements that were brought to the
          attention of the Special Representative reportedly relate only to the situation of
          certain individual Baha'is but not to the community as a whole.
          103. On 12 July 1990, the Special Representative received a person who requested to
          give testimony with regard to the situation of the Baha'is, but asked that his name
          be kept confidential. He said that he converted to the Baha'i faith in 1973. He
          / . . .
          Page 32
          stated that the Baha'is mix religion with politics. He was forced to attend all
          the meetings, which drained his physical and psychological energy. In 1988, he
          converted to the Muslim faith. He stated that nowadays, the Bahe'is were free to
          develop their activities with the consent of the Government. Indeed, he said, it
          was better to say you were a Baha'i to get work or get a passport more promptly.
          In his view, there was no discrimination against Baha'is in education, whether in
          school or in the university, or in medical or hospital care.
          104. Three other persons asked to speak with the Special Representative on
          12 July 1990 and requested that their names be kept confidential, They stated that
          as a result of the Special Representative's first visit to the Islamic Republic of
          Iran, the Govcrvnent had released several followers of the Baha'i faith who were
          being detained, hao lifted the ban on the travelling in the country without
          permission, had facilitated their access to farm property and established special
          preferences enablinu; them to obtain passports. According to their reports, one had
          only to say he/she belonged to the Baha'i to get a passport immediately. The
          attitude towards the Baha'is in the communication media had also changed for the
          better. However, they stated that some Daha'is still maintained a posture of
          confrontation and were trying to create tensions.
          105. Written information on the sifuation of the Baha'is has also been received by
          the Special Representative, accompanied in many instances by official Iranian
          documents. The information received has been divided into the following categories:
          1. Dismissal of government employees
          106. In a letter dated 22 February 1990, addressed to Izzatu'llah Nazari, a retired
          employee of the Saha'i faith, the National Iranian Oil Company stated: “As you
          have already been informed, i accordance with Civil Court verdict No. h.b. 1236/7
          of 15 Ordibehesht 1362 (5 May 1983) and because you belong to the misguided Baha'i
          sect, you have been permanently disqualified from exercising Government functions
          and from serving in any Government-affiliated organization”.
          107. In a letter dated 13 Tanuary 1990, the Department of Social Security stated
          that, in accordance with the decision of the Town Committee of the Manpower Section
          of the Ministry of Health, Manuchihr Shirvani and Au Akbar Nawruziyan had been
          sentenced to permanent dismissal from their pasts because they belonged to the
          misguided Baha'i sect.
          108. On 10 Dc—amber 1989, the Department of Social Security informed the Office of
          Social Services for the Employees of the Ministry of Labour that, in accordance
          with the relevant decision, Dhabihuillah Fada'i had been permanently dismissed from
          his post because of his membership in the misguided Baha'i sect and that payment of
          his pension continued to be suspended on the basis of verdict No. 28827/6 of
          14 September 1983.
          109. In a letter dated 25 October 1989, Primary Section of the Administrative Court
          handed down decision No. 1002 upholding an earlier decision concerning
          Mrs. Issat Ha'i Najafabadi who was dismissed from the Ministry of Education and
          deprived of her retirement because of being a Baha'i. The charges against her were
          . I...
          Page 33
          based on Section 2 of Act No. 19 containing the Regulations on Administrative
          Offences and the decision was declared final, since the plaintiff did not submit
          any grounds or evidence to change it.
          110. In a letter dateci 30 September 1989 from the Office for the Investigation of
          Administrative Offences of the Ministry of Agriculture to
          Mr. Payduilla'h Ali-Tabar, who had been dismissed fzom his post, it was stated that
          the fact that he belonged to the misguided Baha'i sect had been proved on the basis
          of his confession and statement of 7 April 1982: that the decision relating to his
          dismissal from his post was therefore valid; and that it was legally unnecessary to
          submit the case for review.
          111. On 12 September 1989, a judge of the Administrative Court handed down a ruling
          in connection with the consideration of a complaint against the Ministry of Health,
          stating that Mr. Hushang Gulistani's considered himself a member of the misguided
          Baha'i sect, that an administrative decision of 21 March 1981 had ordered his
          dismissal from his post and the suspension of his pension payments and that, as
          that decision had been based on the law, it could not be changed.
          112. On 19 February 1989, verdict No. 855 of the Central Council for the
          Investigation of Administrative Offences described the case in question in the
          following terms: Mrs. Qudsi Ridvani was registered as a member of the Baha'i sect
          and acknowledged that she belonged to a Baha'i family and had given that group
          financial assistance. The Court found her guilty and requested her to return the
          funds she had sent abroad: and, since the charges against her had been proved, she
          was sentenced to permanent dismissal from her post.
          113. On 6 November 1989, Section 7 of the Administrative Court handed down the
          following decision: Mrs. Surayya Samimi “admits to having been born in a Baha'i
          family, but hab not made any statement recanting her faith. The Tobacco Products
          Company has sent her a reply number 42749, 24 Mordad 1366 (15 August 1987), stating
          that she is accused of membership in the misguided Baha'i sect and through the
          verdict of the Civil Committees and the review of the Reforming Councils, she has
          been sentenced to permanent dismissal from work and her salary has been cut off.
          Considering the above ... as well as the fact that her being a Baha'i is confirmed,
          her objection is overruled and rejected. This is a final verdict and may not be
          reconsidered in this court”.
          2. Refusal of withdrawal of work permits
          114. In a letter dated 31 October 1989, the National Veterinary Organization
          informed the Director of the Inspection Group of the Ministry of Agriculture that
          it was not possible to give a permit to Jamshid Farsi because, in his request of
          2 November 1988, he had acknowledged that he was a member of the misguided Baha'i
          sect; and that sect was an agent of foreign interests and Governments.
          115. A letter from the Central Council of Trades of Simnan, dated 20 January 1990,
          informed a Baha'i, Mr. Afrasiyab Subhani, that his work permit had not been
          approved and that, as from 21 January 1990, he would have to close his business and
          / . . .
          Page 34
          return the original permit to the Council. It also stated that, if the order was
          not complied with, he would be treated in accordance with Act No. 72 of the Union
          116. In a letter dated 4 May 1989, the Trade Union for Repairs of House Equipment
          in Gurgan intormed Mr. Massud Masudi that, following the investigation which had
          been carried out confirming that he belonged to the Baha'i sect, the Trade Union
          was ‘inable to give him a work permit and he would therefore have to close his
          bud mess.
          3. Sapensionof pension or salary pavoea t
          117. On 11 March 1989, the Bank of the People gave the Secretariat of the Banks the
          following information: “With regard to letter No. 342 dated 16 February 1982,
          Mrs. Bihidukht Tibiyani has confessed that she belongs to the Baha'i sect and the
          payment of her retir'ment pension has therefore been cut off”.
          118. On 23 July 1989, the local Health Department in Khurasan sent a letter to the
          Office of Personnel of the Ministry of Health indicating that
          Mr. Dhebihullah Dhabini-Muqaddaoe was a member of the misguided Baha'i sect and that
          the payment of his salary had therefore been discontinued.
          4. Eri on.sentenca
          119. In a letter dated 12 March 1989, the Islamic Revolutionary Court of Combed
          referred to the case of Mrs. Bihidukht Tibiyani belonging to the Baha'i faith in
          the follo”idg terma: “ihe cise concerning the accusation that you take part in
          Beha'i activities h s L ,een considered by the Islamic Revolutionary Court of Combed
          and, in accordance with verdict No. 1684-7 o 26 February 1989, you have been
          sentenced to one year's imprisonment: the verdict as hbnded down in your absence
          since you di not appear before the court”.
          5. Invalidation of ration ca
          120. On 27 ,ptember 1989, the Islamic Council on Supervision and Distribution of
          Goods of the Department of Commerce issued the following notice: “We hereby
          respectfully inform you that the ration card of Mrs. Ishrat Shahriyari has been
          confiscated and invalidated because she is a Baha'i”.
          6. Denial of education
          121. On 30 August 1989, a secondary school in Tankabun wrote a letter to the
          Department of Education regarding Mr. Mahmud Mukhta'ri, a father wishing to enrol
          his son: “According to his clear statement, they are members of the Baha'J sect.
          OEis school is exempted from having to accept the student in question in accordance
          with t ie rules of the Islamic religion”.
          , . . .
          Engi i ah
          Page 35
          122. On 9 November 1988, a committee to investigate cases of expelled students
          informed Miss Farzanih IIIusravi Hamadani by letter that her case had been
          considered and that, since she had been bannod from continuing her education
          becuse she belonged to the Baha i sect, she would have to publish three
          announcements in major newspapers recanting her Bahe'i faith and that, if she did
          not do so, her situation would remain unchanged.
          123. In mother case at the Univ rslty of Allamih Tabatabai, which was considered
          and decided on 2 October 1989, Miss Farzanih Khusravi Hamadani was prohibited from
          continuing her studies because of being a Baha'i.
          7. Baha'is who have bean ordered to return Balarie4 received
          as public employt as
          124. Hushang Tabish, an employee who had worked for the Sadirat Bank was arrested
          because he refused to return the salary he had received. After being in prison for
          some time, he agreed to pay monthly amounts of 3,000 tuniana as from October 1988.
          When he had made seven monthly payments, he decided to stop them. Reportedly the
          prosecutor is currently dealing with his case.
          125. Mrr. Tal'at Maziumi, a former employee of the Departm .t of Education was
          ordered to return the salary that she had received while she was in Government
          service. The order came from the Prosecutor's Office of Section 1 at Evin prison.
          The prosecutor's last order that the former employee should provide a guarantee of
          payment was dated 28 January 1990.
          126. Col. Muhtashlmi, a retired army officer received a summons to appear before
          the Prosecutor's Office of Section 1 at Evin on 18 February 1990. A piece of lend
          IIat belonged to him was confiscated as compensation for the pay he had received
          during his ervive in the army. .
          127. T.fandiyar Ghedanfari, Nadir Ghadanfari and Nadir Vehid have beer summoned
          repeatedly. They were taken to Section 13 at 5v3.n prison because they have not
          provided a guarantee that they would pay back the salaries they received during the
          time they were in Government service.
          128. Mr Manuchihr t4ishn Chi war: reported to be held in Evin prison because ha
          woul' not. or could not pay back the salary he had receiveti.
          129. Mr. Yusuf Ahmada i, whose case is with Section 4 at Evin, agreed to provide a
          guarantee that he would pay back the nalary he had received. Re has already made
          two payments.
          130. Vahid Sabuhiyan, a former army officer who received an order for the repayment
          of 153,000 tumans agreed to pay back that amount, but later dec 1 ded not to do so
          and to await official reaction.
          131. Mrs. Faridih Ahmadiyyih, a former employee of the Tijarat Bank r .iceived a
          summons concerning the repayment of salaries from the prosecutor of Section 12 at
          Evin, dated 5 August 1989.
          Engi i sh
          Page 36
          8. Confiscation of property
          132. It has been reported that Mr. Enayetollab Eshraghi. Mrs. Esnat Eshraghi and
          Miss Roya Eshraghi. members of the Baha'i community of Shiren were executed in
          June 1983. The family home of Mr. Enayatollah Eshraghi, at 105 Palestine Street,
          in Shiras, was confiscated by the Government and will reportedly be auctioned in
          the near future.
          A. Introduction
          133. OEe iecond visit to the Islamic Republic of Iran was made from 9 to
          15 Octobv 1 r 1990. The exchange of letters and notes concerning this visit has been
          referre 1 to in paragraphs 22 to 26. The Special Representative was accompanied by
          Mr. Georg tdautner-t4arkhof, Chief of the Special Procedures Section of the Centre
          for Human Rights, Mr. Miguel de le Lema, Human Rights Officer, Miss Carmen Cueves,
          secretary and Mr. Mohammed Tainmami, a United Nations interpreter. The Special
          Representative acknowledges and expresses his appreciation to those members of the
          Secretariat for their efficiency and co-operation. He also wishes to mention the
          co-operation of Mr. Per Janvid,. Resident Representative of the United Nations
          Deve1opn ent Programme (UNDP), who, as he had done on the first visit, spared no
          effort to assist the Special Representative and his team members in accomplishing
          their task and in achieving their objectives.
          134. Dy a letter dated 17 September 1990, the Specl6l Representative had requested
          the Government to arrange for the following appointments with official or religious
          pereonalitiess the Ministers for Foreign Affairs, Interior, and Culture and
          Islamic Guidances the Head of the Judiciary, the President of the Supreme Court of
          Justice, Ayatollah Montaseri and Ayatollah Jeafari, the Special Prosecutor for
          Drug Tiafficking, and a senior president of a revolutionary court. By a letter
          dated 5 October 1990, the Special Representative added the Minister of Intelligence
          to the libt of requested appointments.
          135. The Special Representative also requested the Government, by a letter of
          17 September 1990, to arrange a visit to Evin prison and pointed out that he would
          ask to viait one or two other prisons in the Tebran area, if considered necessary.
          He further indicated that it would be his intention to conduct hearings, in
          private, with prisoners of his choice, the names of whom would be communicated in
          due urse. The Special Representative also stated that he would appreciate being
          given the opportunity to be present at trial proceedings of a revolutionary court
          concerning an offence for which capital punishmert may be pronounced.
          13 . In the fiist •i eeting with II. Deputy Min .ster for Foreign Affairs,
          Mr. Manouchehr Motteki, the Special Representative was handed a programme based on
          his aforementioned requests. In the course of the visit, the programme underwent a
          number of changes, some of which w e requested by the Special Representative, who
          asked, in particular, that Saturday, 13 October 1990 be entirely devoted to the
          hearing of prisoners. The meeting foreseen with Ayatollah Montanan. at the
          / . . .
          Page 37
          latter's reque 4t, had to be postponed from Wesdne dey, 10 October 1990 to Friday.
          12 October 1990 end was eventually cancelled by the Ayatollah. The Special
          Representative, therefore, requested, in line with the written indication given in
          his letter of 17 September 1990, that he be permitted to vieit Gohardasht prison in
          the afternoon of 10 October 1990. However, the Ministry of Foreign Affairs
          informed the Special Representative that it wa not possible to comply with the
          request. The Special Representative further asked for assistance of the
          authorities in enabling him to meet Ayatollah Seyed Abolfeal Musevi Zanjani. It
          did not prove possible to have this vieit arranged through official channels. The
          Special Representative was, however, able to make arrangements for a meeting with
          the Ayatollah directly and met him on 9 October 1990.
          137. The prograim e of official meetings that took place during the visit is
          reproduoud in appendix III.
          138. On 9 October, the Special Representative and his teem members co-ordinated
          their own progr unme of work with official proposals and incorporated the activities
          they would conduct without official contacts or assistance. This programe was
          considered chiefly with a view to allotting time for the examination of specific
          cases, mainly of prisoners and for interviews with a number of personalities in
          Iranian public life and individuals who, through contacts in Geneva, seemed willing
          to provi(.a information on their experiences and observations concerning human
          B. Meeting with representatives of the executive and judicial
          branches of governmen . .
          l 9. The following paragraphs suivuneries the highlights of the interviews conducted
          by the Special Representative with governmental authorities. They are in
          chronological order. .
          1. Meeting with the Deputy Minister for Foreign Affairi
          140. The Deputy Foreign Minister, M x. M. Motteki, thanki4 the United Nations
          mission or coming end said that the first visit had opened a new chapter in the
          relations between the Islamic Republic of 1r6i1 ni1 the United f etfone. ifie point4d
          to the expanded role of the United Nations in world affairs end said that the end
          of the cold war would open a new chapter in international relations. Disarmament
          and huwan rights will be the two basic issues of the new age. The Islamic Republic
          of Iran is strengthening its spirit of co-operation with all nations and with the
          United Nations. The search for negotiated solutions to all international problems
          is another feature of the new age. The issue of human rights figures prominently
          among the concerns and goals of the Islamic Republic of Iran.
          141. Mr. Mottaki said that the Islamic Declaration of Human Rights had been adopted
          by experts at the Islamic Conference and that the Declaration was taken up and
          a• opted at the meeting of Ministers of the members countries of the Islamic
          Conference held at Cairo.
          / . . .
          A/ 45/697
          Page 38
          142. Mx. Mottaki said that the Government of the Islamic Republic of Iran had
          examined closely the recommendations of the Special Representative. The Iranian
          Government was now in a position to refute the false allegations made by its
          political enemies. A Human Rights Department has been established in the Ministry
          of Foreign Affairs. Two seminars have been held in Ir - one locally, dealing
          uith a comparison of human rights in the West and in Islam, and another dealing
          with Islam and Christianity from a human rights perspective. Preparations are
          under way for a third seminar in co-operation with the Centre for Human Rights
          slated for late January or eari.y February 1991.
          143. Mr. Mottaki considered eight categories of recommendations issued by the
          Special Representative and said that they have all been considered by the
          Government. Substantial action has been taken on each recommendation. A letter
          addressed to the Special Representative summarizes the measures taken (sea
          pare. 12).
          144. Mr. Mottaki referred to a pending matterm visits to prisons by the
          International Committee of the Red Cross (ICRC). The Red Cross has already been
          notified that the Government is prepared to allow visits by ICRC. The Special
          Representative could visit any prison he liked.
          145. The Islamic Republic of Iran abides by the teachings of Islam and wishes to
          co-operate with the international community, but this does not mean that it is
          prepared to disregard I3lamic principles. The United Nations should distinguish
          between those States which systematically violate human rights and whoce conduct
          derives from high-level policy and those countries which occasionally commit a few
          146. The Special kepresentative expressed the hope that the discussions with IC RC
          with a view to reaching a concrete agreement on visiting prisons could be concluded
          very soon. Mr. Mottaki replied that his Government. saw no problem whatsoever in
          reaching an agreement with ICRC and hoped that visits to the prisons would begin
          very shortly.
          147. The Special Representative referred to two memoranda submitted recently and
          reiterated the importance of receiving official replies. Mr. Mottaki announced
          that the Special Representative would begin to receive specific replies in the
          course of his visit.
          148. The Special Representative gave Mr. Mottaki a list of 202 prisoners in
          connection with whose whereabouts, arrest or possible sentencing (see appendix II),
          information had been requested and submitted the names of 26 prisoners he wished to
          visit. This list of 26, reproduced in appendix IV of this report, contained names
          of persons abou.. whom the Special Representative had received Information during or
          after his first. visit to Iran.
          149. The interview concluded with an official statement by the Government that it
          would co-operate fully with the United Nations in general and the Commission on
          Human Rights in particular.
          Page 39
          2. Interview with the Minister of Intelligence
          150. On Wednesday, 10 October, at 9.30 a.m., Hojatolislam Fallahian, the Minister
          of Intelligence, was interviewed. The Special Representative requested
          clarification of certain matters which had arisen in the course of the
          investigations. In particular, he asked questions concerning the fol1owing the
          role played by information or intelligence officers and agents in the trial of
          prisoners, chiefly in cases submitted to the revolutionary courts; the specific
          role of intelligence agents who worked with the prosecution and, particularly,
          their participation in interrogations; the hierarchical relationship between
          intelligence off iciers, Komitehs and Pasdaran (Revolutionary Guards); and the
          degree to which intelligence agents could act on their own init'ative without
          express orders from their immediate superiors.
          151. The Minister spoke of plots against the Iranian nation and then referred to
          observations in th' Special Representative's reports, which, in his view, did not
          do justice to Iran With regi rd to the activities of his Ministry, he recounted
          many incidents of past years and referred to the hostile attitude of the foreign
          media. He said that the function of his Ministry is to prevent and bring to light
          cases of espionage and to preserve the culture and integrity of the Iranian
          nation. According to the Constitution, the people's rights must be respectad and
          intelligence agents oeust act within the law both in making arrests and during
          trials. He then referred to bands of smugglers who attack private homes and
          mentioned cases oC persons who had recently been killed by smugglers.
          152. The Minister went on to say that the Constitution establishes three bra ches
          legislative, judicial end executive. In the executive branch, the revolutionary
          Komitehs and the Pasdaran maintain publ .c order and security and are accountable
          directly to the President of the Republic; however, they perform their duties in
          respect of citizens' rights under the supervision of judges. The Pasdaren are
          under the Ministry of the Interior for matters of public order, under the Ministry
          of Defence for militaty matters. The Komitehs are under the Ministry of the
          Interior, and the intelligence officers, under the Ministry of Intelligence.
          Co-ordination takes place at the highest level, that of the President of the
          153. Commenting on the role of intelligence officers at trials, he said that it was
          not true that judges consulted them during the trials. In many cases, the judges
          do not accept tes9.mony by intelligence officers and deny them permission to arrest
          suspicious persons. Indeed, while intelligence officers did participate in
          interrogations, they do so under the supervision of the judges. It is not true
          that they use any means, including violence and torture, to obtain confessions.
          154. Intellir'gnce officers take orders; they ar not independent agents. In
          certain cases, they may take initiatives, for example, when they see someone trying
          to enter the country with a false passport or someone planting a bomb. In such
          cases they can errest the culprits. However, they must so advise the judge within
          24 hours and he rnuat decide whether or not there are legal grounds for the arrest.
          There is a department which oversees the activities of these agents and is
          responsible for punishing them. In some cases, they are referred to an
          / . . .
          Page 4
          administrative tribunal and, in very serious cases, to a military tribunal. Many
          agents have been dismissed or sentenced to prison terms.
          155. The Minister reported that in addition to the Pasdaran, the Islamic
          Revolutionary Committees, the officials of his Ministry, the po!ice and the
          gendarmerie were responsible for preventing and investigating ordinary crimes like
          homicide and robbery and ensuring the safety of the citizenry. Roth police forces
          were under the supervision of the Ministry of the Interior. Lastly, the Minister
          of Intelligence said that, in his view, the Special Representative should focus the
          attention of world public opinion on the acts of aggression committed against the
          Iranian nation and adopt a clear stance denouncing and condemning acts perpetrated
          by terrorist organizations. He added that the family and relatives of the martyrs
          and victims of terrorism shared thst feeling.
          156. Responding to a question from the Special Representative, the Minister said
          that. there was no prison attached to the premises of the Ministry of Intelligence
          and that all detainees were subject to the authority of the Prison Organization.
          He then invited the Special Representative to visit the building complex where the
          Ministry has its offices so that he could make sure that there was no prison
          attached to or included in the building complex where the Ministry is located.
          s. Interview with the Special Prosecutor forj4arcotic Drjag.
          157. The Special Representative submitted the following questions to the Special
          Prosecutor, Hojatolislam Zargar (a) How many drug traffickers have been executed
          in 1990? (b) Row many are currently tried? (c) How many of those being tried may
          be condemned to death? (d) How many of those condemned to death have seen their
          sentence commuted? (e) How many executions in public or mass executions have taken
          place during the last few months? In reply to these questions, the Prosecutor
          stated the fol1owing
          158. He said that the number of traffickers who have been arrested since the first
          visit, including traffickers and consumers, comes to of 9,201, 6,898 of whom are
          addicts and have been sent to rehabilitation centres. Rehabilitation centres are
          still inadequate and, for that reason, the Government has requested assistance from
          international organizations. The remaifling 303 are traffickers. Not all of the
          303 traffickers can be given the death penalty; some will be sentenced to prison.
          Of the groups previously sentenced to death, six have had their sentences con muted.
          159. The Special Prosecutor said that the 1990 capital punishn ent figures are
          lower. In 1989, 4,113 persons were pardoned. Of those, 2,259 were released and
          1,854 had their sentences commuted. Many obtained permission to live at home for
          three days and some were already enjoying this benefit for the sixth time.
          160. He also stated that there had been no public executions since the first
          visit. At times 15 or 20 persons were executed in the prison courtyard. The
          Special Representative emphasized two points; the need to guarantee due process of
          law to traffickers and to reduce significantly the number of death sentences
          pursuant to the International Covenant on Civil and Political Rights.
          Page 41
          161. The Sperial Prosecutor referred to opium t. at is being cessed into codeine
          at laboratories under his supervision. The codeine will be transferred to the
          Ministry of Health. A total of 1,320 kilos of heroin and 9,090 kilos of opium were
          confiscated in the first six months of 1990. Those drugs were largely intended for
          European countries.
          162. The Special Prosecutor sali that he would obtain an exact figure showing the
          number of persons executed in 1990 for the Special Representative through the
          Ministry of Foreign Affairs because he did not have it available at that time. The
          Special Representative asked whether consideration had beer given to transferring
          jurisdiction over such crimes from the revolutionary courts to the ordinary courts,
          and the answer was no.
          163. At the suggeistion of the Special Prosecutor the Speci 1. Representative briefly
          met two detainees convicted on drug trafficking charges who were working on the
          premises. One of them, who had admitted carrying 20 kg of opium from Kerman to
          Tehran, had been convicted to 18 years of imprisonment. The trial before the
          revolutionary court took place two years after his arrest. His sentence was later
          commuted to five years. The other prisoner had admitted carrying 7 kg of opium end
          was first convicted to a penalty of 1 million riala. The Special Prosecutor,
          however, hal protested against the senta ce and one year thereafter, •he was
          sentenced a .ew to 16 years of imprisonment. In 1987, the sentence was commiuted to
          15 years. Both were tried before revolutionary courts without the assistance of a
          lawyer. One of them stated that the interrogators had beaten him during the period
          of investigation in order to obtain his confession. Both prisoners stated that
          their condition hod improved, since they could now work on the premises of the
          S ecia1 Prosecutor. Once a month they were granted leave, usually fo a period of
          three days.
          4. Interview with the Commission on article 10 of the Constitution
          164. The Chairman of the Commission, Deputy Asgharaadeh, exp. ained that the
          Commission on article 10 is composed of representatives from the three branches of
          government. The purpose of the Commission is to apply the conetAtutlonal principle
          of the people's right to form associations in general and political parties in
          particular. The Commission is made up of two members of Parliament, tWo from the
          judicial branch and one from the executive branch. The Secretary of the Commission
          is independent and the Minister of the Interior carries out the detisions of the
          165. The procedure is as follows: whenever a certain number of citixens wish to
          form a political party, they register the members' names and the leaders submit
          their personal documents and a charter of principles and objectives. The
          Commission considers such requests at its weekly meetings. The applicants'
          background is investigated, on the basis o reports from the security and judicial
          166. The Commission has four divisions: (a) The religious division, which places
          restrictions, for example, on autonomous groups or sects, which do not have the
          / . . .
          Page 42
          right to form associationsg (b) The trade union end crafts division; (c) The
          division that deals with political groups wishing to function as political parties
          which a:. subject to restrictions relating to public security and co-operation with
          foreign political parties, and Cd) The division that handles associations of groups
          engaged in social activities - i.e., cultural or technical activities. Requests
          are considered in the order that they are received end authorization is granted to
          associations that are not political more promptly than to political parties. In
          the past year and a half, 20 to 22 associations were approved. Seven requests from
          minorities (Armenians), and a request from a political group in Tehran and another
          in the province of khusestan are being considered.
          167. Replying to a question from the Special Representative, the Chairman of the
          Convnission said that the request from the Association for the Defence of the
          Freedom and Sovereignty of the Iranian Nation is under review. As long as some
          leaders of this group are having security problems, this association cannot be
          authorized. Some members of this group are on trial and in prison on charges of
          168. The Special Representative also inquired abiut the reasons for the dissolution
          of the Bible Society. The answer was that it had been asked to appear before the
          Conm iseion several times and bring its activities into compliance with the law.
          The Society a1 o required authorization from the Ministry of Culture. Since it
          failed to submit that authorization, its activities were suspended. The Special
          Representative learned from a well-informed source that the Ministry of Culture and
          Islasiic Guidance had refused to grant the authorization.
          169. The Special Representative explained his ideas on the responsibility of
          individuals and societies and suggested that the doctrine which clearly
          distinguishes between the responsibility of individuals and the responsibility of
          associations should be accepted and applied. In his view, he continued, Iranian
          law projected onto associations what was exclusively the responsibility of the
          individual members. He was told in reply that this theory would presumably be
          taken into account when Parliament reconsidered the law on political parties.
          170. The Secretary said that the Commiss on has had difficulty in applying the law
          in force and that revisions have been considered and proposed for submission to
          171. A discussion ensued on whether activities for the protection of human rights
          are considered political. The answer w s that this topic has been debated time and
          again. The defence of human rights is in the interel3t of the people; however,
          certain groups claim to be defending human rights in order to mask political
          activities - at times, political activities designed to destabilize the Government.
          5. Interview with IIe Deputy Minister of the Interior
          172. Deputy Minister Atrian-Far said that it was natural that the Special
          Representative should have identified a number of ambiguou. situations on his first
          visit; he hoped that any such situations would be cleared up during the second
          visit. Some ambiguities concerned the revolutionary courts, while others concerned
          political p rties. .
          / . . .
          Page 43
          173. Concerning the unification of the police, Pasdaran, Komitehs, Gendarmerie and
          judicial police, their co-ordination had been entrusted to the President of the
          Republic with a view to improving their functioning and thereby guaranteeing
          citizens' rights. A bill for the integration of those security and protection
          forces had been approved. A thousand hours of work with experts had been devoted
          to the issue and the act was being implemented.
          174. The Ministry of the Interior must provide an organizational chart and job
          descriptions in order to implement the act within a year. Two months had gone by
          and the integration of all police forces would be complete within 10 months. Their
          integration would considerably enhance efficiency.
          175. The Special Representative asked about the press. The Deputy Minister told
          him that the Ministry of Culture and Islamic Guidance would give him more
          information on that subject. He then gave some details. Anyone that was qualified
          to do so could publish ideas or news with his own resources and means. The
          Government considered it its duty to provide facilities to people who wished to
          engage in news activities and it therefore gave permission for the import of
          machinery and paper. The Government welcomed anyone who wished to engage in
          journalism, and also accepted criticism if it was presented “earnestly and
          truthfully”. Newspapers and magazines contained abundant criticism of the
          Government. The same approach was taken with political parties. The Government
          could not renounce that principle. Everyone must adhere to one basic, inviolable
          principle, namely, respect for the Constitution. The press and political parties
          must accept and adhere to the Constitution. That imposed certain responsibilities
          on writers. The Ministry of Culture and Islamic Guidance was responsible for
          applying the Constitution and therefore monitored publications and associations.
          It was lenient with them, however, even when there was cause for severity.
          176. No newspaper sent its articles for prior review by the authorities, but it an
          article was published containing erroneous or untrue information or if someone was
          insulted, the newspaper must give equal space to a correction. Otherwise, the
          complainant could take legal actign.
          177. In the past 10 years, over 50,000 books on different topics had been
          published. The organization which had oversight of books monitored publishers'
          activities. It also studied books before they were published and if it found them
          contrary to the Constitution or liable to corrupt or offend public dignity, it
          could ask the authors to correct the inappropriate or detrimental parts. The
          problem wa almost always solved by negotiation and the authors were satisfied with
          the outcome.
          6. jnt. y.jey. j.th the Depj&ty Jjjn tei QZ Culture
          and Islamic Guidance
          178. Deputy Minister Aminzadeh said that he was sceptical about the activities of
          iiternrtional organizations and that it would be a long time before Iran solved its
          international problems.
          , . . .
          Page 44
          179. The Ministry of Culture and Islamic 3uidance was the product of the merger of
          two ministries, the Ministry of Art and Culture and the Ministry of Information and
          Tourism; the merger bad been designed to enhance their functioning. The Ministry
          of Culture and Islamic Guidance worked with cinema, theatre, the performing arts,
          music, publications, books, art (painting, drawing, etc.). press, radio,
          television, printing, tourism, and pilgrimages to holy places. Radio and
          television were under the joint supervision of the three branches of Government.
          180. The Government had never been opposed to foreign films and television but had
          put a stop to propaganda that caused moral corruption. The same was true of
          musics the Government had never been opposed to music but had eliminated certain
          kinds of music which encouraged prostitution and corruption. The same had happenod
          wiII other forms of artistic expression such as painting. Iranian films had won
          international prizes. Artists were aware that limits had been drawn to prevent
          corruption and that they must not overstep those limits.
          181. Before the Revolution, many books had been banned. After the Revolution, the
          number of books published had increased enormously. OEere were sometimes arguments
          about permission to publish a book. When a book contributed to prostitution and
          c orruption, its publication was not permitted.
          182. The press enjoyed protection and freedom, but anything that was contrary to
          Islam and public order was inadmissible. The press promoted Islamic vnlues,
          opposed colonialism, promoted morality and upheld the policy of “neither East nor
          West”. The couviiittee that granted permits for the founding of newspapers was made
          up of representatives of the three branches of Government, the universities,
          publishers and the Ministry of Culture and Islamic Guidance. There were 15 daily
          newspapers and 300 monthly, weekly or bimonthly magazines.
          183. The Special Representative asked what action the Ministry took with regard to
          the day-to-day activities of newspapers. He was told that if a newspaper insulted
          Islam, the Leader or the Government, it could be penalized by cancellation of its
          operating permit.
          184. The Special Representative referred to the distribution of paper. The Deputy
          Minister replied that his Ministry distributed paper. Any authorized newspaper was
          entitled to the paper it needed. There were limitations on the allocation of
          paper. For instance, Kayhan and were daily papers with the potential to
          increase their circulation but there were limits on the amount of paper the
          Government could distribute at a relatively low price. No limitations had been
          placed on the amount of paper that the opposition press could receive.
          185. The Sr,ecial Representative asked about the conditions for distributing paper
          fur books. Paper was supplied to printers or authors. Books needed authorization
          before they could be published. There had been criticisms when the publi'ation of
          some books had been allowed, but the only criterion for authorization had been
          moral, never political.
          186. The official interview over, the Special Representative talked to working
          Iranian journalists in the same building.
          . ,...
          ‘ English
          Page 45
          7. Interview with the President of the Supreme Court of Justice
          187. The President of the Supreme Court of Justice, Ayatollah t4oghtadaei. said that
          according to Islam, judges were answerable before God and sat among the prophets
          and that the place of trial was the place of God. Under Iranian law, a defence
          lawyer was necessary and mandatory and both the accused and the lawyer were given
          certain facilities. Sentences could be brought to the Supreme Court on appeal or
          for review. When the accused had not had a lawyer, the Supreme Court revoked the
          sentence. Parliament had just adopted an act on procedures under which, once the
          case was concluded, it was considered ran judicata . The act enabled the President
          of the Supreme Court to consider the case and decide whether it needed to be
          188. Under the Islamic judicial system, all individuals were equal. Only recently,
          at an annual nation-wide seminar, the President of the Republic had expressed
          satisfaction that the judiciary judged law—breakers strictly and equally. The
          Islamic legal order had special features with regard to respect for human rights.
          Iran was prepared to exchange views on those matters, to pass on its experience to
          others and to learn from the experience of others.
          189. Under the Islamic legal order, the purpose of bringing a person to trial was
          not punishme it but rehabilitation. If the prisoner showed that he was sorry and
          could be rehabilitated, he was included in the list of those eligible for amnesty,
          even if much of his sentence remained to be served. Amnesty was granted to groups
          and individuals. Only rarely did prisoners remain in prison for the full term of
          their sentence.
          190. No one was ever arrested because he adopted a different ideological line from
          the Government. Baha'is were not arrested because they were Bahais. but for
          specific of fences. The same wag true of political prisoners: if they were
          arrested and executed it was because they had been involved in acts of violence.
          If the detainee or accused repented, he could be amnestied, even if he had
          ccnmitted horrendous crimes. .
          191. Another question related to the campaign against drugs. Th. judiciary was
          determined to take vigorous action in that regard. Drugs were a problem in the
          country. Cases came to the Supreme Court, where they were reviewed. A sentence
          could be applied only with the approval of the Supreme Court.
          192. The Special Representative asked about cases in which a number of years
          elapsed between the guilty verdict and the actual sentencing. The President
          replied that that sometimes happened because further investigations were
          conducted. On other occagions, the prisoner could not be informed of the sentence
          because the case was awaiting review. The sentence was made known only when the
          Court had approved it. The prisoner could appeal once he was informed of his
          sentence. Prisoners sometimes did not know that their case had been passed on to
          the Supreme Court, which was why they complained and felt that an excessive period
          of time was elapsing between the guilty verdict and the sentence.
          / . . .
          Ai'45/ 697
          Page 46
          8. Interview with the Political Di 1ktLt Qi Jjead oLt J ,t jQL 1
          193. The Political Depdty, Mr. Badamc iiun, sa.d that the ‘reedom Movement and the
          Aseociation for the Defence c f FreRenn and th'. Sovereignty of the Ir nian Net on
          had pub1is wd their manifesto zee.Ly during t 'e war, even when the dealt with
          sensitive jqgues that fe cec natio l secutity. The Freedom Movement had riot
          been authorized, but It hi*c b en ct..ve recevi'.ly. 1r. Bazargan an.1 othe members
          were at liberty; other me be ,. o ! the F ,eed' ri ‘ ij,ement had beer errusted on serious
          194. The Association f r the Lefe ce of FrqvCom and the Sovereirn v of the Iranian
          Nation had been o eralL g without athorizi to . ‘t had c ec1ared its exi3tence
          without authorizatior &i d had publi. h i 1lXeg doclarations many of its members
          were actively involved in o.Litcs. Some o.. tt memt ers were being tried on
          iarious charges. The A so iat on ha'. iu t been up to defend huiwtn rights but as
          a cover for illegal potittc activities
          195. The Special Repreeuntative s td that, according to the informution he had bean
          given, the two groups had eubmitteo ,ppiicati ins in dt?e form but: had been denied
          authorization. Their pzope':ty 4 be n confi5 atdd or frozen, since the
          authorities had occupi:.d them, *nd thr r docu 1 onts had beefl seized. The Freedom
          Movement had existed priuz to the Revolutio: end ktc d simply been required to adapt
          to the n i; legal statute. The Mo'i'ernent bud filed an application and documents with
          the Ministry of the Interior and sifico the Ministry had not raised any objection
          within three months, th Movement had been tacitly authorized .*nder the law in
          196. The Political t' eput'y replied IIat the Movement had engaged in sabotage end had
          had contacts with the country's enemies abroad. While it was true that it had been
          recognized before the promuleration of the new act on political parties and after it
          had filed n application wiU che Ministry, the application had not met the
          necessary legal requirements an the Movement could not be authorized. The members
          of the Movement had not been acting in good faith. The act which said that if no
          objection was raised within three months, the applicant organization was
          automatically recognized did not apply in that case.
          9. Intt view with the Head of the Judiciary
          197. OEe Head of the Judiciary, Ayatollah Yazdi, said that the main source of
          Iranian law was the Holy Scriptures, which wera intended for mankind's salvation.
          The Koran said: “I respect and honour mankind”.
          198. The Special Repreeentative drew the following situations to the attention of
          the Head of the Judiciary: (a) public trials were impossible in prisons; (b) some
          people who had been condemned to death had not had lawyers, and a pe: son accused of
          spying, for which he could be sentenced to death, had been tried two years
          previously and btill did not kncw his sentence; (c) the question of the
          applicability or the repeal of article 11/2 of the Admivdstrative Regulations
          governing the Revolutionary Courts and Public Prosecutor's Offices of 1979.
          A/ 45/697
          Page 47
          199. The Head of the Judiciary said that there was a principle whereby the
          interests of society must prevail over the interests of the individua . The
          international cr mmunity paid little attention to that principle because the i aue
          of human rights had been politicized. Such politicization u dormined the enjoyment
          of those rights. In eight years of war, the international community had never
          concerned itself with the crimes perpetrated against the Iranian people. He then
          referred to recent events in Palestine and to the Gulf crisis.
          200. The Head of the Judiciary went on to say that no legal system protected human
          rights as thoroughly as Islamic law. The best evidence of that was the existence
          of groups which were opposed to Islamic principles, expressed their views publicly
          and wete left in )eace as long as they did not engage in armed action.
          201. Concerning the openness of trials, he said that uourt sessions were held at
          the Palace c Justice in the city centre and that no less than 20 trials were held
          each day, all of them public. When citizens were interested in a case, larger
          premises were used. At Evin prison there were restrictions on access, but the
          principle of public trials was in force. In any case, the judge could prohibit
          access for reasons of public order.
          202. Everyone was entitled to defence counsel and when the accused could not obtain
          it, the court provided it. Since that was the accused's rigP ., if the accused said
          that he considered himself better equipped than the lawyer to conduct his defence,
          he was not forced to accept the lawyer. The Special Representative said he had
          observed that, in practice, accused persons tried by the revolutionary courts did
          not have a lawyer.
          203. The Head of the Judiciary said that in the case of rdinery of fences, when the
          parties reached e compromise, the proceedings ended. In cases of espionage, after
          the accused had been arrested and th ac usation substantiated, the inv.stigaUon
          anti gathering of evidence began. Evidence as weighed by the judge. If it we.
          deemed adequate, sentence was passed.
          204. Crimes could be commi' ed by individuals or groupe tn the latter case, the
          accused could not be infor of the charges against them during the investigation
          stage because that would p Judice the outcome of the investigation. Concerning
          the applicability of erticle 11, he said that decisions of the revolutionary courts
          were not finalt the accu3ed could appeal them or requifiet that they be reconsidersd
          and the Supreme Court could review them.
          10. Interview with the Judicial Deputy to the Head of the Judiciary
          205. The Judicial Deputy, Dr. Mehrpoor, referred to the Islamic Declaration of
          Human Rights and to the Special Representative's previous report. He said that
          comparative study of the Islamic system and the international system had begun with
          particular reference to human dignity and the right to life, drawing comparisons
          between Islam and Christianity. Concerning the need for defence counsel, he said
          that the Constitution provided that a lawyer must assist the accused in court. OE
          Head of the. Judiciary had made a statement on that point. Concerning the crediting
          / . . .
          A/4 5/697
          Page 48
          of the period of pre-trial detention to the term of imprisonment imposed by the
          sentence, he said that under a bill currently being drafted detention prior to the
          date of the verdict would have to be credited to the term of punitive detention.
          He added that many people had been amnestied, and provided a list: which is
          reproII ced in appendix VII. He said that the rules of Islamic law could not be
          repealeU the penalty of flogqing, for instance, was provided for in Islamic law.
          However, it was being imposed less and lass frequently, for it was usual y replaced
          by a fine or imprisonment. The Special Representative said he hoped that flogging
          would be replaced by fines In all cases.
          206. Concerning the revolutionary courts, the Judicial Deputy said that the
          sentences passed down by those courts could be appealed, or reviewed by the Supreme
          Court of Justice. The act allowing for the possibility of appeal or review hed
          been promulgated two years previously. Article 11/2 of the Administrative
          Regulations governing the Revnlutionary Courts and Public Prosecutor's Offices of
          1979 which provides that “judgements of the revolutionary courts shall be final
          and no revision be ,.ade thereon”, had been tacitly repealed because the 1988 act on
          appeal procedures took precedence, particularly its article 5 which stated “With
          regard to the decisions of penal 1, legal 1, military 1. special civil and
          revolutionary courts which have been reversed by the Supreme Court, the authority
          for revising and passing a new judgement is a court equal to the court which had
          passed the first judgement”.
          11. Interview with the Minister for Foreign Affair s
          207. On Monday, 15 October, the last day of his visit, the Special Representative
          was received by .he Minister for Foreign Affairs, Mr. Au Akbar Velayati. The
          Special Representative summarized the main points of his visit and thanked the
          Iranian Government for its co-operation. The Minister said that it was his
          Government's policy to continue its co-operation with the Special Representative.
          He said he hoped that by now, at the end of his becond visit to the cou' try, the
          Special Representative was able to see that the allegations of human rights
          violations were false and that the situation of human rights in the Islamic
          Republic of Iran was comparatively better than in other countries of the so-called
          “third world”. The Minister expressed surprise that the Commission on Human Rights
          should have decided to examine the situation of human rights in his country and not
          the situation In other countries where respect for those rights was known to be
          much worse. He said he hoped that such discriminatory treatment was not
          politically motivated or designed to put pressure on his country. He also hoped
          that the Special Representative had not been pressured by other Powers or groups.
          208. The Special Representative replied that he had not been pressured by any
          Government - neither the Government of the Islamic Republic of Iran nor other
          Governments or by individuals or groups. In any case, his sense of duty would
          make him reject any attempt to pr ssure him.
          209. The Minister said he hoped that at its next session, the Commission on Human
          Rights would change Its attitude to the Islamic Republic of Iran. Otherwisc, a
          sector of national public c i ion might interpret the official attitude of
          . ,...
          Page 49
          co-operation with the Special Representative and the Commission on Human Rights as
          a mistake. In any event, international monitoring of the human rights situation in
          the Islamic Republic of Iran should not continue indefinitely. The country could
          not tolerate such monitoring for long. If the Commission on Human Rights did not
          change its attitude to the country, some hard-liners within the country would argue
          that the conclusions of the Special Representative's reports and his visits to the
          country, as well as the voting within the Commission, were politically motivated.
          210. The Special Representative expressed satisfaction that the Gove nment had
          acted on one of the recommendations made in his barlier report and had invited the
          International Crsmmlttee of the Red Cross (ICRC) to viait Iranian prisons. However,
          an agreement would have to be concluded with ICRC so that prison visits co 1d begin
          as soon as possible. The Minister said that a high-level ICRC delegation had
          already visited the country and that a director would be arriving shortly to work
          out the details oC the agreement. Once the necessary arrangements were made, ICEC
          would be able to begin its work immediately and make regular prison visits. The
          Minister mentioned that the S ecia1 Representative had been bble to interview, in
          private and in complete freedom, many of the prisoners he had asked to see. That
          was a demonstration of the Government's trust, for he had even been allowed to
          interview people convicted of supplying information on national security to foreign
          Powers. .
          211. The Special Representative then asked the Minister for a detailed Government
          response to all the liegations of human rights violations contained in his earlier
          reports and in the two memorandums submitted in 1990. Such replies were crucial to
          the performance of is mandate. He also asked that the Government respond to his
          req asts made on purely humanitarian and non-political grounds. The Minister
          answered that his Government would provide such replies, some of them before the
          end of his visit, and that it would consider his ht'manitarian requests.
          212. Lastly, the Minister expressed satisfaction at the holding at Tehren
          University of a seminar on human rights in international law and Islamic law, which
          had been attended by eminent lege experts and philosophers from )ermany and a
          number of Islamic countries and had formulated valuable conclusions.
          12. Fiz.1 interview with the Deputy Foralyn Minister
          213. After the meeting with the Minister for Foreign Affairs, the last official
          meeting of the visit took plc..ce. Deputy Foreign Minister Mnttaki recalled that
          during the Special Representative's first visit there had been a diacussion of the
          particular features of Islamic human rights principles ant the Government's
          attitude of co-operation with the Special Representative end the Commiesion on
          Human Rights had been confirmed. It was in keeping with that attitude of
          co-operation that the Special Representative had been invited to visit the country
          a second time. One practical result of that co-operation was that talks had begun
          with senior ICRC officials on authorizing members of ICRC to make regular prison
          visite, as recommended by the Special Representative. A specific agreement o that
          effect would be reached shortly.
          / . . .
          A/45/ 697
          Page 50
          214. Concerning the Special Representatives recommendation that the right of all
          accused persons to legal counsel must be guaranteed, he said that a bill to that
          effect, which would expand on the relevant provision in article 35 of the
          Constitution, had been presented to Parliament, Legal counsel would even be
          available before the oral proceedings. in other words, during the investigation of
          the detainee.
          215. The Deputy Foreign Minister also said that, in keeping with the role played by
          compassion in Islam and with the Special Representative's recommendations, the
          policies of amnesty and pardon had been developed and expanded. Moreover,
          concerning the recommendation that comparative studies and seminars be conducted on
          the international system for the definition and protection of human rights and the
          Islamic system, he said that the progress made included the recent holding of a
          seminar at Tebran University. Further to another of the Special Representative's
          recommendations, the Government had decided to request assistance from the Centre
          for Human Rights, under the latter's programme of advisory services, for a
          comprehensive, long-term project.
          216. Concerning the number of executions, he said that further to one of the
          Special Representdtive's recommendations, the number of executions had declined
          significantly since 21 March 1990, the .iate of the Iranian New Year. The purpose
          of executions was not only to punish criminals but L lso to deter others from
          committing of fences. however, executions were being carried out only for the most
          serious crimes, such as drug trafficking, espionage and murder. In that
          connection, he handed over a list of 113 executions carried out since the Iranian
          New Year (21 March 1990). According to that list, 32 people had apparently been
          executed for ordinary crimes, 71 for drug treffickinq, 4 for activities contrary to
          national security, co-operation with armed groups and drug traffickers, 3 for
          terrorist acts, 2 for espionage end 1 on unspecified charges.
          217. Concerning replies to the allegations transmitted by the Special
          Representative, the Deputy Foreign Minister said that the Government would do its
          best to reply to all the allegations “ede. However, those allegations would have
          to refer to problems in applying the law, the severity of penalties in relation to
          the crimes committed, or consistency between the penalties imposed and the laws in
          force. They could not be allegations questioning the Islamic legal system, laws
          or, specifically, the provisions of the Penal Code of the Islamic Republic. Those
          were 4 .esues which must be dealt with in other, primarily academic, forums and in
          other circwiu tances. The Deputy Foreign Minister also announced that the
          Government ha presented to Parliament a bill under which the time spent in prison
          before sentence was passed must be credited to the term of punitive detention. The
          Special Representative expressed satisfaction at that initiative.
          218. The Deputy Foreign Minister also s.iid that the Islamic Republic was open to
          anyone who wished to examine the situation of human rights there. In that
          connection, he announced that the Govrnmant was giving favourable consideration to
          a request by Amnesty International to visit the country. He also reported that the
          Head of the Judiciary had replied to many letters containing allegations. He said
          that there was complete freedom of expression in the country and that a wide
          variety of views existed on domestic and international issues. No one was being
          Eng 11 a h
          Page 51
          investigated or detained simply because of his political views and any citizen
          could express his political views openly every day in the mass media, on the street
          or In the mosque. Parliament reflected the diversity of political views in the
          219. The Deputy Foreign Minister next eferred to the bpecial Representative's
          visit to Evin LLison. He said that the Special Representative had been able to
          interview in complete freedom most of the prisoners he had asked to see, including
          those accused and convicted of spying for enemies of the nation a d of attempts on
          the security of the State. He added that the reasons why he had not been able to
          interview the other prisoners had been explained to him at the timei they had been
          released, they had been on temporary leave from the prison, or their trials were at
          the investigation stage and the prosecutors had not given the necessary
          authorization. In any case, the Government had trusted the Special Representative
          enough to let him interview people who had supplied foreign Powers with hiahly
          strategic internal information, even in wartime. That demonstrated the
          Government's attitude of co-operation towards the Special Representative and the
          Commission on Human Rights. If that co—operation was to continue, however,
          p.ejudiced attitudes and preconceptions about the situation of human rights end
          fundamental freedoms in his country would have to be abandoned, the remaining
          obstacles would have to be removed and there would have to be n end to the double
          standard whereby the human rights situation was investigated in some countries but
          not in others where there were more serious and systematic human rights
          violations. He hoped that the meetings of the Third Committee of the General
          Assembly would mark the opening of a new chapter in co-operation between the
          Islamic Republic of Iran and the United Nations.
          220. Lastly, the Deputy Foreign Minister handed over to the Special Representative
          a list giving official Government information on the alleged executions of
          3,620 people mentioned in different reports of the Special Representative
          (E/CN.4/1988/24, B/CN.4/1989/26, A/44/620 and E/CN.4/1990/24). The information in
          the list had been compiled by the Statistics Department of the Ministry of Justice,
          the Police Identification Unit and the Registry and Statistics Organization. A
          summary of the list is contained in appendix VI.
          221. OEe Special Representative thanked officials of the Ministry of Foreign
          Affairs and the Government for the facilities and co-operation extended to him
          during his visit.
          C. tj aringQf rJ.eonexa at Evin pritQ
          222. The visit to Evin prison took place on 13 October 1990. The Special
          Representative was received by the Chief of the prison administration for the
          Tehran area, his deputy, the director of Evin prison and an official of the
          Ministry of Foreign Affairs. OEe Chief of the prieon administration explained that
          there were presently some 2,000 prisoners detained at Evin, of whom 60 per cent had
          been sentenced on charges relating to the use or trafficking of narcotics,
          35 per cent were common criminale and only 5 per cent (between 100 and 105 persons)
          were pLlltical prisoners. He added that all political prisoners of Tahran province
          Page 52
          were detained at Evin. The Director of Evin prison again stressed the special
          character of the Iranian priuon system which was aiming at the rehabilitation and
          re-education of offenders. That explained the frequency of amnesties as well as
          the possibility for many prisoners to be granted leave which could range from three
          days up to a year. Leave could be granted both to common and political prisoners.
          The prison officials expressed regret that the Special Representative had chosen
          mainly persons who were known as opponents to the 0over unent, or had been newly
          arrested, because there had been little time for the authorities to influence in a
          positive manner their misguided convictions. He further stressed that the prison
          administration must be given an opportunity to defend itself against any unjust
          accusations that might be voiced by any prisoners the Special Representative would
          223. Since the Special Representative had already visited various installations at
          Evin prison, he requested that his visit be devoted this time exclusively to a
          hearing of IIe 26 prisoners he had selected. The 26 names given to the authorities
          on 9 October 1990 concerned cases on which the Special Representative had received
          particulai y detailed information. Th y can be classified into the following
          categoriest (a) prisoners allegedly convicted and sentenced to execution;
          (b) prisoners allegedly subjected to torture; (c) prisoners who allegedly suffered
          reprisals after having met the Special Representative during his first visit ;
          (d) prisoners of foreign nationality; (e) prisoners belonging to the group of
          persons who had signed the open letter of former Prime Minister Bazargan to the
          President; (f) prisoners belonging to the Baha'i community; and (g) a group of
          female prisoners, two of whom the Special Reprdsentative had seen during his firat
          224. The Special Representative was told upon arrival at Evin prison on
          13 October 1990 that, fo various reasons, it would not be possible .o see all
          26 persons. The Special Representative, therefore handed to the authorities an
          additional list of six persons.
          225. The Director of Evin prison explained that two persons appearing on the first
          list had been released, four persons had been granted leave, and that two parsons
          were deta1ned at Arak and Karaj, respectively, and could, therefore, not be met at
          Evin. For a group of 10 prisoners (six on the first list and tour on the second)
          he had not received euthorizaPion from the prosecutor to present them to the
          Special Representative, since their cases were still under investigation. The
          Special Representative pointed out that the cases of other prisoners whom he would
          be allowed to meet were alsc under investigation, in some instances even in
          connection with the same offence of which other prisoners whom he would not be
          permitted to see were charged.
          226. Appendix IV of the present report contains the names of all those prisoners
          which the Special Representative had requested to see, as we1 as the reasons given
          by the authorities with regard to those with whom he could not meet.
          221. Among the persons who were not available for a hearing by the Special
          Representative was Mr. Roger Cooper, whom the Special Representative had
          unsuccessfully tried to see during his previous visit. Asked about the reasons,
          - /...
          Page 53
          the Director of EvtA replied that the trial of Mr. Cooper was still, pending. The
          Special Representative recalled that, on his first visit, he had been told that
          Mr. Cooper had been sentenced to 10 years in prison and that his sentence was being
          translated into English. The Director said that the trial was not over because the
          sentence had been appealed. The Special Representative said he did not consider
          this a valid reason for refusing to let Mr. Cooper see him, for the interviews were
          neutral and had nothing to do wit the status of trials. Moreover, some of the
          other prisoners he was going to interview had appealed their sentences and he did
          not see why Mr. Cooper's case should be handled any differently. The Director
          replied that a new accusation had been made against Mr. Cooper and another triel
          had begun, related this time to moral issues. He then confirmed tha Mr. Cooper
          had been sentenced to 10 years of imprisonment.
          228. During the ensuing nterviews, which took place in an office of the
          administration of Evin prison without the presence of Iranian officials, the
          Special Representative spoke briefly with the following personat
          Mr. Jamehid Amiri-Sigvand , 4r. Bahman Agahy, Mr. Hooshang Abmadi Rigvand,
          Mr. Noureddine Kianouri, Ms. Meriam Feirous, Mr. John Fattia,
          Mr. Nour Ali Tabandeh, Mr. All Ardalan, Mr. Farhad Behbahani,
          Mr. Hossein Shah Hosseini, Mr. Bad ul1 h Sobh ni , Ms. Sakineh Sedaghat,
          Mr. Ezzatollab Sahebi and Mr. Khosuro Mensourian.
          229. The Special Representative first received Mr. Klanouri, the former
          Secretary-General of the Tudeb Ferty, whom he had already seen during his first
          visit and who, on that occasion, had made serious allegations of torture. He also
          saw his wife Mortem Feirous. Concerning both persons, allegations have been
          received that they had suffered reprisals subsequent to the Special
          Representative's first visit (see peru. 76). Mr. Kianouri stated that the
          permission given to him to see his wife and daughter once a wook for one hour had
          been reduced to one telephone call to his wife every four weeks and one visit from
          his daughter every two weeks. However, he had not been placed in solitary
          confinement, as alleged, and three weeks before, the previous rhythm of visits was
          again being applied. He appeared. to be in better physical condition than in
          January 1990. Mr. Kienouri further stated that he had requested that permission be
          given to his wife to urdergo surgery out ido the prison, but that the authorities
          had so far not acceded to this request. Mrs Meriin Feirous referred to various
          types of torture inflicted upon her at the beginning of her detention, which
          started in 1982. This torture had resulted in the loes of hearing in one ear,
          considerable difficulty in swallowing food and various other consequences as a
          result of heavy beatings. She requested that she be allowed to give her statements
          standing, as she suffered pain when sitting. Given her physical condition, she had
          equeated the prison authorities not to oblige her to share a cell with others and
          this had been granted. On the other hand, the lack of company had resulted in
          serious psychological strain. She also said that during the eight years of her
          detention, and particularly during the past three years, she had received
          sympathetic treatment from a number of persons within the prison.
          230. The Special Representative then met Messrs. rdalan, Behbahani, Mensourien,
          Sahabi, Shah Hossolni and Tabandeh, who had signed the open letter of former Prime
          Minister Mr. Bazargan to the President of the Islamic Republic of Iran. The..
          / . . .
          Eng 118 h
          Page 64
          persons eta & d that they had been arrested in June 1990, some 20 days after the
          publication of the open letter, and since then had been kept in olita y
          confinement, some at Tohid prison (formerly called Central Komiteh Prison) and at
          Evin prison. While some of them stated that they had ..eceived written charges,
          others said that they had learned of the accusations indirectly through questions
          put to th '. by their interrogators. According to the detainees, the charges varied
          from case to case, such as ‘rneasures offending national interest and sovereignty”,
          ‘participation in activities against the revolution and national Interests”,
          ‘publication of the open letter and dissemination of its content abroad', etc. In
          several instancea, the interrogators alleged that there had been a co-operation
          between the group of signatories of the open letter and a foreign int.el]igence
          agency and that by publicizing the letter abroad the group had played into the
          hands of the enemy, Mr. Ardalan, the Chairman of the executive committee of the
          Association for the Defence of Freedom and the Sovereignty of the Iranian Nation,
          categorically denied that the Association had attempted to become a political
          alternative to the present Government or had ever engaged in activities that could
          be construed in any way as espionage. If any of the co-signatories of the open
          letter had had contacts abroad, this was a private initiative of the individual
          concerned and not a policy of the Association. Mr. Behbahani stated that the
          authorities had resented that the open letter had reached foreign media. In this
          connection, he was questioned about a visit to the United States where he had met
          friends nine months before his arrest. He stressed, however, that he • ad neither
          been accused of, nor had he confessed to, any charges of espionage. When he
          appeared on television on 6 August 1990, he had simply admitted to have realized
          that the position taken by the group of signatories was in conformity with the
          policy of a foreign Power and that, as such, their position was wrong. He also
          expressed himself in favourable terms with regard to prison conditions, He said
          that the treatment was satisfactory and the food superb. This contrasted sharply
          with statements by others who complained about the extended duration of solitary
          confinement (at Tohid prison in cells not bigger than 3 x 1.17 metres) for which
          there was no legal limit as long as the case remained under investigation, the very
          rare occasions on which contacts with relatives had been permitted and the lack of
          legal counsel. In one case, severe beatings were alleged. Generally, most of the
          persons belonging to this group appeared to be under great stress. Some of them
          requested Fpecialized medical treatment from outside the prison, in view of their
          ailments, advanced age and the difficult conditions of four months of solitary
          231. The Special Representative also met Messrs. Amiri-Bigvand, Agahy and
          Ahmadi Bigvand, all accused of espionage (see para. 35). The first two persons
          confirmed that they had been tried and sentenced to execution, whereas the third
          ierson de 'lared thai his trial had taken place two years ago and that he was still
          awaiting to be informed of the sentence. Their trials had taken place beforo a
          revolutionary court, without foEmal charges or defence counsel. One of them stated
          that hi trial had lasted only 15 minutes. The two convicted persons had made
          confessions on television enu had appealed against the verdict. They had not been
          informed of the follow-up to their appeals.
          232. The Special Representative also saw Mr. John Pattis, a United States citiran
          sentenced to 10 years' imprisonment on spying charges. Mr. Pattis said that hc had
          , . . .
          Eng ii Bh
          Page 55
          admitted having worked for a foreign intelligence agency. During the
          investigations he had never been presented with formal charges and was held for
          three months in solitary confinement. In September 1986, he made a public
          confession on Iranian television. His trial before a revolutionary court took
          place in March 1987 before one judge, one representative of the prosecutor and one
          Interpreter. There were three witnesses of the prosecution and the court session
          lasted approximately four hours. He had not benefited from legal counsel and the
          sentence was passed with the annotation that it could not be reduced. Since then,
          he had received three consular visits, in 1987, 1988 and 1989, from the United
          States Interest Section at the Swiss Embassy. He had not been tortured but had
          received threats. He was being held in a tell with two other foreign6rs
          (M L. Cooper and a prisoner of German nationality) and affirmed that prison
          conditions had improved significantly before the Special Representative's two
          233. Mr. Sobh ni , a retired employee of the Ministry of Education, stated that he
          had been arrested a month before, as he was unable to repay the pension he received
          during the past 14 years. This had been requested since he was a Baha'i. He was
          simply told by the authorities that, as long as his family could not pay his bail,
          he would remain in prison. He had never been formally charged, nor had he been
          presented to a judge. Since he had no hope of ever being able to pay the requested
          sum, he feared that he would be imprisoned for the rest of his life.
          234. The Special Representative also received Me. Sakineh Sedaghat Reshdi, who was
          arrested in 1988 while trying to leave the country illegally. 3he was sentenced by
          a revolutionary court to three years' imprisonment, without access to legal counsel
          and stated that she had recently received permission to leave the prison for one
          week and was receiving visits from members of her family.
          D. Trial proceedings at Evin priaon
          235. The Special Representative had requested the opportunity to be present at
          trial proceedings of a revolutionary court concerning an offence for which capital
          punishment may be pronounced. On 14 October 1990, he was invited to attend trial
          proceedings at Evin prison which, however, appeared to concern an offence (armed
          robbery and banditry) that doeb not fall into the compet nce of revolutionary
          courts. According to official information received from the Ministry of Foreign
          Affairs, revolutionary courts are competent for the following casess “All crimes
          committed against the internal and external security of the state, or related to
          corruption on earth or war against Allahi attempts against the life of political
          authorities; all crimes related to narcotics and smuggling; all cases related to
          murder, massacre, imprisonment and torture with the purpose of consolidating the
          Pehlavi r gime and suppressing the strugg1 of the Iranian people, both as
          perpetrator and abettor; misappropr .etIcn of public funds and profiteering and
          hoarding of foodstuff”.
          236. A judge presided over the herring in the presence of nine accused and five
          victims. There was a defence lawyer who asked to speak. at the end of the heating,
          before sentence was passed. The judge read out ver ee from the Koran and then
          , . . .
          Al 45 / 697
          Page 56
          asked the accused to introduce themselves and answer questions. The prosecutor
          read out the accusation, mentioning eight different acts of armed robbery committed
          by the nine accused. The six victims then testified.
          237. The prosecutor asked each of the accused whether they admitted to having
          committed the offences, and all of them answered in the affirmative. The judge
          repeated the question, asking the accused whether they admitted to the of fences;
          they again answered in the affirmative. The judge asked each of them what he had
          to say in his own defence and they all answered that they simply begged
          forgiveness. He then asked one of them why he had committed the offence and the
          answer was one words “stupidity”. The judge asked whether they were ready to
          apologize to the victims and some of them simply said no.
          238. The judge turned to the victims. The first of them said that he held to his
          version that the attackers had used weapons, even though they denied this. One of
          the plaintiffs said that one of the accused had apologized to him but the other two
          had not, and that if they apologized he would withdraw his complaint. Each
          plaintiff in succession then described his reactions and wishes.
          B. jnform tiQz1 received by the Special Representative
          from non-governmental sources
          239. The Special Representative was informed by the Minister for Foreign Affairs
          that a number of Iranian non-governmental organizations had requested the Ministry
          to arrange for meetings with him during his stay in Tehran. The Special
          Representative accepted this request and, on 12 October 1990, met representatives
          of the following organizations: Organization of Iranian Women; Workers' House;
          Organization for Defending Victims of Violence; Association of Families of Martyrs;
          Teachers' Ass iation; Writers' Association; Association of High School Students;
          and Organization for the Defence of Victims of Violence.
          240. The Organization of Iranian Women stressed that women enjoy id freedom in
          absolute terms without any limitations. They stated that women had freely chosen
          the law of Islam and that their only complaint was that not all Islamic rules were
          as yet fully implemented. They thought it a cruelty to preteiid that men and women
          are equal, since the two sexes had very distinct characteristics.
          241. The representative of Worxers' House explained that that organization was the
          principal trade union of the country and participated in the work of the
          International Labour Organisation. He stated that many of its leaders had been
          assassinated by counter-revolutionary groups and that they still feared for their
          safety. The most recent assassination had taken place at Sanadaj some two weeks
          before. He described the union's relationship with the Government as satisfactory,
          although not all promises had been fulfilled end difficulties with regard to
          housing and the level of salaries still existed. However, the organization had
          realized the limitations that the Government was facing in this regard in view of
          the consequences of the war that had been imposed upon it.
          . ,...
          ng ii sh
          Page 57
          242. The Organization for Defending Victims of Violence presented several
          witnesses, three of whom stated that they had been former members of the Mojahedia
          Organization. They had subsequently been imprisoned and amnAstied. All of them
          stated that they had received “humane and Islamic treatment” while in prison. At
          present they did not have problems with the authorities but were living in constant
          fear of reprisals by the Mojahedin Organization. One of them said that he had been
          given a job in the administration. A fourth witness said that he was a former
          communist but had realized that his activity as a journalist for communist
          publications was equivalent to the crime of spying. Two persons presented by the
          Organization, Ismail Asghar-Nejad and Mohammed Shabanzadeh, stated that their names
          had been included in a list published by the Mojahedin Organization of persons
          allegedly executed y the Government. They showed their identity cards, of which
          photocopies were taken. The name of the first person appears in the list of
          alleged executions annexed to the Special Representative's report to the
          forty-fifth session of the Commission on Human Rights. ai The name of the other
          person does not figure in any list available to the Special Representative.
          243. The Association of Families of Martyrs requested the Special Representative to
          devote particular attention in his report to the problem of terrorist acts
          committed by the Mojahedin Organization and, in this connection, reported se', ral
          killings. The Special Representative was also asked to reaffirm the specific
          rights of the martyrs of terrorism. The Association further referred to the Baha'i
          community, which they accused of financially supporting the State of Israel. Those
          Baha'is who refrained from such activity did not suffer any discrimination in the
          244. The Association of Teachers referred to certain problems that those in their
          profession were facing, which they, nevertheless, fully a cepted. The difficulties
          they mentioned concerned economic restraints for schools, limitations for women
          with regard to puz 'Aing certain university studies and limitations for Armenians
          and Kurds regarding the teaching of their respective languages and culture in their
          schools. They also complained that it was not admissible to criticize the
          Government for such situations.
          245. The Writers' Association, represented by three women, referred to the strict
          control to which they had been subjected during the Government of the Shah. The
          main problem they were facing at present was the fact that they were not allowed to
          write about non-religious subjects. Numerous members wished to describe the
          problems of present-day Iranian society in the form of a story. This was, however,
          not permitted. All literary works required the approval of ‘ -he Ministry of Culture
          and Islamic Guidance and it was impossible to have paper allotted by the Government
          and have literature published without such approval. The association considered
          itself in opposition to the Government, but wanted to underline clearly the
          distinction between themselves and any oppositicn groups existing outside the
          country. They stated that the Government did not prevent unarmed opposition.
          246. The Association of High School Students informed the Special Representative
          that an organization of guardians of the Islamic society had been established in
          every high school, which resulted in certain limits with regard to the freedom of
          expression and instruction. Generally, they complained that standards of teaching
          Page 58
          were low end that classes were over-crowded. Although secondary education was free
          of charge, important expenses had to be incurred by the families for books and
          teaching material. For that reason, they had decided to leave the organization of
          Guardians and to create their own association. This did not mean, however, that
          they were political opponents of the Government or that they sympathized with the
          Mojahedin Organization, whose members they considered as terrorists.
          247. The Association of Students explained their objectives as encompassing the
          struggle for freedom of expression, the promotion of sound intellectual and
          political activities, and a campaign against oppression and anti-human movements.
          The Association presented various allegations concerning the activities of the
          t4ojahedin Organization.
          248. The Association for the Defence of the Victims of Violence also denounced
          several attacks by the Mojahedin Organization.
          249. At the request of the Ministry of Foreign Affairs, the Special Representative
          also paid a brief visit to the Institute for International Studies. The Director
          of the Institute explained that, already in the late nineteenth century, a similar
          institution was founded which was later incorporated into the University of
          Tehran. In 1973, a new Institute, separate from the University, was created. It
          was seized in 1980 and re-established in 1983. At present 380 students studied at
          the Institute, of whom 100 were staff members of the Ministry of Foreign Affairs.
          Four permanent professors and several invited professors gave courses on the
          practice of diplomacy and negotiations. Every year a number of students attended
          the session of the General Assembly. Owing to the lack of time, the Special
          Representative briefly greeted the students, but was not in a position to give a
          lecture to them, as had been requested.
          F. Information received from private persons
          250. During his stay at Tehran, the Special Repr sentative once again paid a visit
          to Mr. Mehdi Bazargan, first Prime Minister of the Provisionc 1 Revolutionary
          Government, who received him in the company of Dr. Yazdi, former Foreign Minister
          of the same Government. Mr. Bazargan expresRer.L great concern over the detention of
          signatories of his open letter to the President and emphasized the illegality of
          both the arrests and the fact that the authorities had voiced accusations in
          public, in particular, such serious charges as espionage. The latter violated the
          principle of presumption of innocence of the accused. Mr. Bazarqan pointed out
          that, after the arrest, he had sent a series or additional letters to the
          authorities, in particular the Head of the Judiciary, of which he handed copies to
          the Special Representative. He said that he had never received any reply to those
          251. The open letter criticized the Government for the worsening economic and
          social situation and the lack of fceedom and security in the country. It accused
          the Government of mismanagement and of an extremist foreign policy which has led to
          the country's isolation in the interi.ational community. The aignutories of the
          1 tter invited the President and his G vernznent to take the following measures and
          / . . .
          Page 59
          “(a) To prevent the perpetration of violations and destructions in the
          country and to avoid signing subjugating and not nationally supervised
          agreements with foreigners;
          “(b) To restitute the legitimate rights of people stipulated in
          chapters 3 and 5 of he Iranie.n Constitution and to stop suppressive policies
          of some [ government) institutions and organs:
          “(c) To safeguard and guarantee freedom of activity for those political
          parties and associations and press wtiich have legal and open tivities;
          “(d) To provide opportunities for free and undisturbed debates, talks and
          exchange of views for the purpose of resolving problems of the country and
          seeking sincere cc-operation of people and eventually paving the way for
          establishing the legitimate rule of the people.”
          252. Mr. Sazargan f'4rther stated that none of the arrested persons had been allowed
          to avail themselver. of legal counsel, that virtually all were held in isolation and
          that their contacts with relatives and friends had been extremely limited. As he
          had stressed in various letters to the authorities, it was illegal to detain
          persons without informing them of the charges held against them within 24 hours and
          keep them In solitary confinement for such extended interrogation by agents of the
          Ministry of Intelligence without passing the cases to the competent courts. He
          also drew the Special Representative's attention to the precarious health situation
          of some of the detainees. lie further mentioned that the offices of both the
          Freedom Movement (the party of which he was president) and the Association for the
          Defe. ce of Freedom and the Sovereignty of the Iranian Nation had been closed by the
          authorities and that all their files had been confiscated. According to an
          announcement of the revolutionary prosecutor, the Association for the Defense of
          Freedom and Sovereignty of the Iranian Nation had been prohibited. However, the
          revolutionary prosecutor was not competent to make such a statement and a ruling
          concerning the dissolution of a political party or association, in accordance with
          the existing laws on political parties and associations, could only be made by a
          special court of the Ministry of Justice upon a complaint by tne Minister of the
          interior. With regard to his own party, the Freedom Movement, no formal decision
          had been taken, but since its building and files had been confiscated, its
          activities were ?_factQ restrained. The Freedom Movement had provided all the
          information required by the Ministry of Interior in accordance with the L aw on
          political parties and the Minister had not declared its functioning iliegal within
          the three-month period stipulated by the law.
          253. Mr. Bazargan further mentioned that on numerous occasions the authorities had
          officially recognized the right to criticize the Government and an example of this
          were the discussions in the Majlis (Parliament). Ho'wbver, a number of deputies had
          publicly declared that they did not feel safe to say everything they wanted to
          say. He cited several names of deputies who had been eliminated from the Majlis as
          a consequence of critical statements.
          Page 60
          254. Other private persons, including Ayatollah Sayed Abolfazi Musavi Zanjani, the
          euthor of a comparative study on Islamic principles and the Universal Declaration
          of Human Rights. complained about the lack of freedom of expression. According to
          assertions by several persons, the manner in which this manifested itself varied
          from case to case, ranging from intimidation and threats by members of the
          revolutionary guards or other orqanized groups, dismissal from employment,
          exclusion from public activity to detention and indictment or de facto isolation or
          house arrest, such as in the cases of Ayatollah Qomi In Mashad or Ayatollah Roheni
          in Qo14. These persons also referred to a variety of strict measures of control
          over any opposing views, such as the ins ection of correspondence, the tapping of
          telephone conversations, and a network Oi inquisition exercised by the
          revolutionary guards and agents of the Ministry of Intelligence.
          255. Relatives of Mr. Amir Taavo% i reported that he was arrested together with his
          wife and his four-year-old daughter in 1982, on charges of sympathizing with the
          Mojahedin Organization. His daughter was released after 40 days of detention and
          he was sentenced seven months later to five years of imprisonment. The relatives
          affirmed that he was tortured and that as a result of beatings he could hardly
          stand on his feet when they visited him at Evin prison. He was released in 1986
          and, since he could not obtain a passport, he fled the country together with his
          wife and daughter. He was rearrested at the frontier in 1987 and, after 10 months
          of imprisonment, without trial, was executed at Evin prison.
          256. One person, who requested that his name be kept confidential, alleged that
          some 50 former members of the Mojahedin Organization were kept in Incommunicado
          detention at Evin prison in the so-called “Section 209”. The names of these
          prisoners did not appear on the prison register and the persons detained in this
          Section required the urgent attention of the Special Representative. A similar
          assertion was received from a 1 ormer detainee at Evin prison, Since t iis
          information was given to the Special Representative on the last day of the visit,
          he had no occasion to follow it up with the authorities.
          257. Nehid Araba]i, Effat Bahrololousn, All Jajarmi, Maryam Rahmanian-Kooskak.t and
          Mahshid Shakernia stbted that the Mojahedin Organization had reported their
          execution. They presented their identity cards and it was later established that
          the names of the first and third persons appear in a publication by the tdojahedin,
          that the names of the second and fifth persons are listed in the annex of the
          Special Representative's report to the General Assembly at its forty-fourth sessio
          (A/44/620), and that the name of the fourth person Is included in the annex to the
          report to the Commission on Human Righta at its forty-fifth session. 1/ It should
          be noted, however, that the lack of personal data other than the name, as well as
          discrepancies in the spe1 Ing of names do not permit one to establish with
          certaint ' that the listed persons are identical with those who appeared before the
          Special Representative.
          258. Several persons said that they were Iranian prisoners of war in Iraq and
          alleged that they had been inIItced by the Mojahedin Organization to join their
          ranks. The Special Representative considers these situations outside the framewo:
          of his mandate and, therefore, refrains from reporting on the numerous detailed
          descriptions )“ eceived on such cases.
          Page 61
          259. Co-ordination between Islamic law and international law was the subject of a
          private conversation with Ayatollah Yafari, who long before had invited the Special
          Representative to discuss that matter with him. The Ayatollah expressed the view
          that a truly universal order of the rights of human beings should be based on the
          common principles of Judaism, Christianity and Isiwn. In this connection, ho
          suggested the creation of an “Abraham Society” in the framework of which the
          implementation of these principles could be studied.
          260. Hundreds of letters and written communications were again received by the
          Special Representative during his visit. Since most of them were received in
          Farsi, they could not be translated and analysed in time for the completion of the
          present report. The Special Representative, thexefore, Intends to revert to these
          communications in his report to the next session of the Commission on Human Rights.
          C. Meeting with members of the Baha'i community
          261. The Special Representative also met three members of the Baha'i community, who
          essentially confirmed the allegations received earlier. At the same time, they
          recognized the willingness of the Government to solve the outstanding problems and
          stated that discrimination, in particular business and occupational deprivation,
          although still existing, had been somewhat relaxed, that confiscation of property
          had been limited in the present year to one case only and that petitions regarding
          confiscation of farms and orchards had met with some positive reactions, though so
          far with little tangible results. Nearly 300 Baha'is had applied for passports but
          only 2( had obtained them, as well as the necessary exit permits, and some more had
          been summoned to interviews, possibly leading to the issuance .f passports. Daha'i
          students rere still not admitted in colleges and universities, but those who were
          denied admittance in primary or secondary schools were now permittLd to continue
          their education at pre-' ollege levels. The courts of justice still did not accept
          heredity petitions presented by Baha'i heirs end many Beha'ia were deprived from
          entering into business transactions. However, in some localities Baha'is were now
          being granted business liconces, With regard to the problem of cemeteries, there
          were still no formal ownership rights given to the Baha'is guaranteeing their
          places of burial. Medical doctors could only exercise in private practices and
          could not take part in the national insurance scheme; and Ba.ha'i lawyers were not
          admitted in the bar association or in courts. Reference was also made to the
          enormous financial pressure to which members of the community were subjected , to
          the impossibility of obtaining credit, or to accede to higher positions, even in
          cases of academic qualifications acquired abroad. A person who had been involved
          in scientific research for many years related how she had been ousted from Tehran
          University, together with other Baha'i professors ‘who were now trying to survive as
          truck drivers or flower salesmen.
          262. Some positive developments were said to consist in the pnrtial lifting of the
          ban on meetings, allowing a maximum of 15 Baha'i to attend their 19-day feasts.
          For Baha'i funeral meetings there were no restrlcUons on the nuzrber of persons
          attending. Furthermore, Baha'i families received food allowance booklets and
          coupons and were given permission to connect their telephones, which had been
          interrupted for many years. Finally, the regulations affecting married conscripts
          were now also being applied to Baha'is.
          / . . .
          Bug ii sh
          Page 62
          H. Meeting with the Armenian community
          263. On Sunday, 14 October 1990, the Special Representative attended mass at th
          Armenian Orthodox church and met Archbishop Artek Manookian. Allegations received
          prior to the visit in connection with the situation of the Armenian community are
          reflected in paragraphs 98 to 101. The Archbishop deplored in pat ticular the
          extremely limited possibility of language training in the Armenian schools - only
          two hours per week at the primary school level and none at the secondary school
          level - as ‘well as the lack of religious education. In the latter respect, some
          progress had been made in reaching an agreement with the Government in the question
          of the catechism, but the implementation of the agreement was still being awaited.
          A. General observations
          264. Following the submission of his final report to the Commission on Human
          Rights, 4/ the Special Representative received copious 1 diverse information on the
          situation of human rights in the Islamic Republic vi: Iran. Encouraged by his fii at
          visit to the country, Iranian exiles of all political persuasions, relatives and
          friends of people with police or judicial problems and non-governmental
          organizations working for the protection of human rights all provided such
          information. Hundreds of letters were received, some of them in English or French
          but most in Farsi. During his second visit to the country 1 the Special
          Representative also received information about specific cases and heard the
          Government • s views.
          265. Charges and counter-charges, allegations and counter-allegations are alluded
          to briefly in the relevant chapters of the provisional report. Often conflicting
          data and views have been included, giving an idea of the diversity of opinions,
          some of them extremely polarized, as to th situation In the Islamic Republic of
          Iran. There are virtually no accounts of situations or specific cases whose
          accuracy and veracity are not disputed.
          266. This final chapter summing up the provisional report contains general or
          specific observations, depending on the matters at issue. In a way, the
          observations are the forerunner of the conchasions which the Special Representative
          will submit in his final report to the Commission on Human Rights, but they are
          separate and distinct from those conclusions. The recommendations addressed to the
          Government of the Islamic Republic of Iran in earlier reports therefore remain
          267. In preparing the programme of work for the second visit, It was necessary to
          select cases which were sufficiently important and on which sufficient details wer
          available for them to benefit from on-site investigation. It was possible to take
          up most, but not all, of the cases salectel on previous occasions the cases of
          10 prisoners accused of espionage or similar o fences could not be investigated
          because the Government. would not allow the prisoners to be interviewed. The
          Special Representative deeply regrets that he was not allowed to interview thsse
          Page 63
          prisoners, for he believes that they could have given him information about due
          process of law and the prison system. The Special Representative was also unable
          to visit Gohardasht prison, where he had planned to request an interview with four
          prisoners. The Government was given only a few hours' advance warning of his
          desire to visit Gohardasht and he was not informed of its reasons for refusing
          268. On his second visit, the Specal Representative did not have to contend with
          the crowds who obstructed his first visit. On some days, relatively small groups
          of people blocked the entrance to the office where he generally heard witnesses,
          but even so he was able to receive witnesses at the office and to question others
          at the Esteighial Hotel and in private homes. Of course, the rule of
          confidentiality was observed with regard to the names of people who requested it.
          269. The information he received concerned executio.is, ill-treatment and torture,
          lack of defence counsel in trials before the revolutionary courts, failure to
          notify detainees of the charges against them immediately after their arrest,
          difficulties iii ensuring public trials, restrictions on the press, on the
          publication of books and on artistic creation, problems with the right of petition
          and obstacles to forming associations in general and political parties in
          270. In general, witnesses and observers often seem to seem the S eci&l
          Representative's visit to the country a operatiDq as some kind of panacea, and
          they tend to expect spectacular results from it. That, after all, is the
          attraction of the panacea which, since time immemorial, has been sought after both
          as a cure for individual diseases and as a solution to social problems. It is very
          difficult, in one or two visits, to change a situation as if by magic, or to
          investigate thousands of cases when only a sample can be obtained of such cases and
          their Implications must be enalysed by means of logic. Visits are but a rtage,
          though obviously an important and essential one, in the process of verifying the
          human rights situation in a given country, and evidence of a Government's desire to
          co-operate with the competent United Nations organs.
          B. Action taken by the Iranian Government
          271. As a result of recommendations made in earlier reports and matters discussed
          during the first visit, senior officials said that the Government had taken steps
          to implement some of the recommendations. In uarticular, they mentioned the
          decision to allow !CRC to visit prisons. The official notification of the decision
          to allow prison visits imposes no restrictions whatsoever as to the prisons that
          can be visited or tne kinds of prisoners or their offences. The Special
          Representative pointed out that in order to implement the decision, the Go,ernment
          would have to reach a working agreement with ICRC because IRC begins to make prison
          visits only after such agreement has been obtained. The Special Representative
          urged the c3mpetent officials to conclude such an agreemer t as soon as possible so
          that regular visits to prisoners accused of ordinary and political offences could
          begin. The competent off ic als said they were ready to conclude a definite
          agreement with ICRC as soon as possible. On his return to Geneva, the Special
          , . . .
          Page 64
          Representative was informed that ICRC had submitted to the Government on
          24 October 1990 details of its traditional procedures for prison visits.
          272. The Iranian Government has requested technical assistance from the Centre for
          Human Rights. It has also brought together experts from various countries and
          regions to consider ways of co-ordinating Islamic law with the obligations imposed
          by international law. The Government has also granted a number of amnesties which
          have benefited many prisoners (see appendix VII). Iranian officials said that they
          had taken steps to improve conditions for accused or convicted prisoners and that a
          special fund had even been set up, financed by the Government and philanthropists,
          to provide them with financial aid.
          273. Another noteworthy development is that the Government has begun to reply to
          the allegations transmitted to it. It 9resented a long list of people allegedly
          executed over a number of years (see appendix VI) and a list of execut. 1 .ons carried
          out since the beginning f the current Iranian year (21 March 1990) (s.e
          appendix V). The Government noted that there had been a decrease in the number of
          executions as a result of the recommendations made in earlie.. reports.
          274. In recent months, the Government's co-operation with the Special
          Representative has improved and has come closer to, although it has yet to reach,
          what could be considered a desirable level. The provision of information on
          executions is a positive step, but a detailed response has yet to be forthcoming on
          numernus allegations of human rights violations. The Government has reiterated its
          willingness to reply to all these cases. It is therefore necessary to reiterate to
          the Government the request that it reply in detail to all allegations regardless of
          the date on which they were made, in other words, without drawing any distinction
          between old and new allegations.
          C. Specific observations
          275. Concerning the most important right, namely, the right to life, it should be
          noted that according to estimates from non-governmental sources based, Inter alI ,
          on statements by the Assistant Attorney-General, the number of executions between
          January and May 1990 was relatively high. Moreover, before completing his second
          vi Jt to the country, the Special Representative was given an official list
          indicating that 113 executions ha been carried out since 21 March 1990. The
          figures provided by sources abroad are considerably higher than the official
          figures. In any case, the official figures are still higher than can be considered
          compatible with the restrictive and exceptional circumstances in which the
          International Covenant on Civil and Political Rights authorizes Governments to
          apply the death penalty.
          276. The Special Representative has continued to receive many reports about the
          absence of a lawyer at trials heard by the revolutionary courts. On his second
          visit, in the course of interviews with prisoners at Evin prison, he was able t ..'
          confirm that in five cases the accused had appeared before the revolutionary courts
          without defence lawyers. Two prisoners who had been condemned to death had not
          benefited from defence counsel, and had not even requested It because they knew it
          A/45/ 697
          Page 65
          was not allowed in revolutionary courts. A third prisoner, who was tried two years
          ago and still has not been informed of his sentence, also did not have a defence
          lawyer. In the first two cases, the sentence was the death penalty, and the sante
          penalty is expected in the third case. These cases confirm that, in practice,
          compliance with this essential element of due process of law is inconsistent and
          277. Public trials are another element of due process. According to the
          information received, the Gover qnt has ruled, without mentioning any exceptions,
          that trials must be public. Based on this, the Special Representative pointed out
          that facilities for a public trial did not exist in prisons. When he attended a
          trial in Evin prison, it was obvious that prison trials can not really be public
          because access to them is subject to the restrictions inherent in prison security.
          Entry to Evin prison is heavily supervised and restricted, while a public trial
          requires access by the press and the public as and when they desire. The room in
          which the trial was held was also too small for a genuinely public trial to be
          held, for with nine accused, five plaintiffs and various court officers, it was
          almost full.
          278. The Special Representative found that in many cases the constitutional
          obligation to inform an arrested person of the charges against him iimi ediately
          after his arrest had not been fulfilled. Some prisoners had never been informed of
          the charges, while others were informed two or three weeks after their arrest. A
          number were not informed in writing and quite a few realised what the accusation
          was from the questions asked during their interrogation. These cases would also
          seem to bear out similar allegations received from different sources.
          279. Special mention should be made of televised confessions. The Special
          Representative talked to three people at Evin prison who had appeared on television
          and confessed to the crime of espionage. All denied having acted under pressure or
          in response to threats or promises. However, two of them said that it was known
          from earlier cases that people who confessed their guilt in public had their
          sentences reduced end were treated more leniently, and that they therefore expected
          something in return. Televised confessions have aroused considerable scepticism
          and they are seen as lacking spontaneity and authenticity. In view of this
          situation, the practice does not contribute to the proper administration of
          justice. Rather, it undermines and obscures the administration of justice for
          purposes alien to it, particularly when the practice takes place in the course of
          the investigation.
          280. Citizens who have availed themselves of the right of petition have not
          received a reply from the officials petitioned. It should be recalled that the
          right of petition imposes on the authorities en obligation to respond to the
          petition, although not necessarily to grant it.
          281. Concerning associations in general and political parties in particular, it
          should be noted that the laws regulating them impose conditions which, in theory,
          are supposed to ensure that the Constitution and moral and religious principles are
          upheld. In practice, however, they have the effect of ensuring that associations
          whose purpose is political propaganda and electioneering or the protection of human
          / . . .
          Page 66
          rights are not legally recognized. Problems arise for individuals when
          associations are in the process of being formed, since there is no clear
          distinction between the individual responsibility of members and the responsibility
          of the associations themselves, or indeed of associations whose activities are
          authorized. Morecver, until an association is recognized, no judicial remedies are
          available to it. Two groups outside the Government have attempted to form legally
          recognized associations and have made the corresponding applications to the
          Minister of the Interior. These are the Freedom Movement and the Association for
          the Defence of Freedom and the Sovereignty of the Iranian Nation. Neither of these
          groups has been formally authorized and their situation recently became more
          precarious when accusations were rn viq against some of their members. The
          authorities say that they h ive been git en de facto authorization, a aituation which
          perpetuates the uncertainty about their activiti s and leaves the right of
          association open to interference. Moreover, while they are allowed to publish
          Itateifi.ents and manifestos, the authorities can at any time seize a publication
          which provokes their displeasure. OEis tolerance does not extend to participatiox
          in elections. OEe Bible Society, which has a long tradition and has existed for
          many years, has also been dissclved and its papers confiscated.
          282. In earlj June 1990 0 former members of the first Revolutionary Government
          end eminent persons i i very broad ape..trum of professions and occupations
          signed an open letter, the text of which e. .rculated world wide, in which they
          called on the Government to adhere to the Constitution and criticized its economic
          policies. The Special Representative was able to interview some of the letter s
          signatories, many of them members of the Freedom Movement and the Association for
          the Defence of Freedom and the Sovereignty of the Iranian Nation, at Evin prison.
          They claimed that the open letter was the sole reason for their detention and that
          the accusation of eipionage was a fabrication. One of the prisoners intqrviewed,
          who had appeared on television, admitted that on a trip abroad he had met with
          friends an6 that during the investigation he had acknowledged that the views of the
          or enization to which he beloiged coincided with the position of foreign news
          agencies, but said that he had neither committed nor admitted to committing
          espionage. He said he had appeared on television of his own free will and that no
          promises had been made to him. The other people interviewed vigorously denied
          having engaged in espionage and said they hoped that each of them would be judged
          in terms of his individual responsibility.
          283. Some prisoners had been able to deduce from their interrogation that t' e
          accusalion was based on two facts: first, that foreign news agencies had published
          the contents of the letter before it was made known in Iran and, secondly, that the
          contents of the letter coincided with the customary position of two foreign radio
          stations. None of the detainees admitted guilt and one of them said that he had
          been severely beaten in prison.
          284. The trial of these people will be a test case for the application of the rules
          of due process. It should be noted that the rules governing the Iranian judicial
          system establish that during the period of investigation the accused remains in
          complete isolation. As r.intioned above, the authorities allowed the Special
          Representative to interview number of the accused. The sequence of events shows
          that the publication of the letter prompted and msrked the beginning of the
          , . . .
          Page 67
          judicial proceedings. The real reason for the official reaction may therefore be
          the Government's displeasure at this kind of criticism. As a result, most - it not
          all - of the prisoners can be considered dissidents and prisoners of opinion and
          described as prisoners of conscience. During interviews, Government officials said
          that calling on the Government to adhere to the Constitution implied, by
          definition, that the Constitution was not being adhered to. As subsequent events
          have ohown, however, freedom of expression and the right of petition are indeed
          being flouted.
          285. From talking to journalists and writers, the Special Representative was able
          to obtain information about restrictions on the press, on the publication of books
          and on artistic creation. For the press, problems begin with the distribution of
          paner, which is in Government hands. The Government can use this to put pressure
          on he mass media, giving them less than they need if they deviate from the
          accepted or tolerated line. After this comes personal pressure on journalists
          whose work is not, for one reason or another, in line with dominant official
          opinion; such pressure has the effect of bringing the journalist somewhat into line.
          286. According to the information received, books require prior authorization from
          the competent authority. The authorities say that such authorization is granted or
          denied strictly on moral grounds, but the fact is that, by law, books are also
          evaluated in terms of their adherence to the Constitution. Since the Constitution
          iq a political and legal insl:ument, political criteria therefore also come into
          play. The writers and artists interviewed feel that artistic freedom is being
          impaired. The Special Representative was told of the case of a women writer who
          published a book which apparently did not meet the necessary requirements, was put
          in prison and has only just been released after serving her sentence. The owner of
          the publishing house was also convicted. Writers and artists want more room for
          artistic expression and say that the cvrrent regulations inhibit their freedom of
          expression, both in literature and in the arts. .
          287. The information received about associations, the press.. books and artistic
          creation, the truth of which does not appear to be in doubt, is consistent and
          coherent with the laws governing those matters which senior officials explained in
          the course of interviews. Given the prevailing legal and administrative situation,
          it does not appear possible to exercise the right to disagree with the Government
          because that right presupposes an atmosphere of social and political tolerance and
          adequate gudrantees of legal security.
          288. The Special Representative talked privately, in private homes, to people who
          have no ties to the Government and have led a normal life, without police or
          judicial complications. These people, however, agreed to be interviewed only after
          taking numerous precautions to preserve their anonymity. They said they feared
          reprisals if it became known that they had given information about the situation in
          the country. They fear irregular groups and Kosniteh and Pasdaran agents who use
          intimidatory tactics. Many people interviewed at the UNDP office and the hotel
          voiced the same fears. This is further evidence of people's uncertainty about the
          consequences of their actions. This uncertainty is felt even by members of
          Parliament, as can be seen from a statement made in Parliament by Haeri Zadeh,
          representative of the Province of Birjand: ‘I am not secuz e enough to say .ihat I
          want to say”.
          / . . .
          A/45/ 697
          Page 68
          289. Concerning the situation of the Baha'is, nine of them are still in prison, but
          none has been executed in recent months. Many documents signed by administrative
          authorities have been received, providing evidence of discrimination, confiscation,
          rejection by universities, suspension of pensions, demands for the return of
          pensions earned and paid, denial of passports and other irregularities. Such
          measures are not taken everywhere, nor in all administrative offices, and it would
          seem that the attitude towards the Baha'is and their situation depends on the
          temperament and personal convictions of individual officials. OEis keeps t e
          Baha'is in a perpetual state of uncertainty about their activities. The Government
          should therefore be requested to take effective action to ensure that these Iranian
          citizens enjoy the same civil and political rights as the rest of the population.
          290. It can be concluded from the specific cases that have been confirmed IIat the
          investigation of other cases would yield similar results, in other words, evidence
          of further human rights violations. The enormous quantity and variety of
          allegations and complaints eceived from very diverse sources, even allowing for
          the fact that they may contain errors or exaggerations, provide a credible factual
          basis for the belief that human rights violations occur frequently in the country
          and that government action to prevent and remedy such violations has not been
          eufficiont to put an end to them. We do not have the information to judge whaP
          might be their conunon denominator. This explains the fear shown by independent
          citizens who, when they talk, try to conceal their identity and what they really
          think, and the uncertainty felt by private individuals and senior officials alike,
          which makes them extremely cautious about expressing their opinions end about how
          they act in general.
          291. The above observations all point to the seine conclusion! that it is both
          useful and appropriate that international monitoring by the competent United
          Natio *s organs with a view to ensuring compliance with international human rights
          instruments in the Islamic Republic of Iran sho'ald continue, that efforts should be
          made to ensure the uniform end proper application of the appropriate norms, and
          that a climate of confidence and legal end political, security in which people can
          exercise their individual rights without adverse consequences should be promoted.
          ) / E/CN.4/1990/24.
          Z' E/CN.4/1989/26.
          / Ibid .
          4/ E/CN.4/1990/24.
          / . . .
          Page 69
          APPENDIX I
          Names and particulars of persons allegedly executed in the lelemic
          Republic of Iran. supplementary to the lists contained in previous
          reports of the Special Repreaentetiva
          Surname Name Data
          A'yer li Fathe Babol
          Abbas-Ali Ravanipoor 05.02.1981
          Abedini Eamalel 1981
          Abrendi 1988 Evin prison
          Adibi Mabmoud .&984
          Afeari Au 1982
          Afehar Masawneb
          Afaheri Esat 1981
          Afahari Au
          Aghaei Hamid 1982
          Aghai Ahad 01.1990
          Abmad Pour Noh nvnad Birjand
          Abmadi-Nejad Saee d 1989
          Abmadi-Neabad Seed 1989
          Ahmadian Bi han 1985 Babol
          Ahznedy Khosrow 1981
          Ahmedy Pariba 09.1988
          Amnady Mohaimnad 09.1988
          Ahmady Farahnas 09.1988
          Ahmady Mensour 09.1 88
          Ahrari Leyla 1981
          Aimyari Abdolmejid 1988
          Akberzad-Yousef I Nasser 1981 Tabris prison
          Alami Mahnas 08.1931
          Alamaadeh Batoul
          Alemi Mohenvnad-Resa 1981
          Alemi Mohaimnad-Hadi 1981
          All Seyed 01.1990
          / . . .
          Engi I eh
          Page 10
          Surname Name Data Place
          Ali-Nejad Abdoighader 25.07.1988
          Alien-Hashed t .lehri Bander-Gas
          Alidoust Masoud 1988
          Alipour Hosein 19.02.1990 Sabsevar
          Ameli All 1982 Evin prison
          Amendi Vahid MOhBUmIadk 19.02.1990 Tehran
          Amin Saleh
          Amirapanehi Hoesin Evin prison
          Atniri Abdollah 19.02.1990 Keraj
          Aneri All Asghar 1981
          ArakSadeghi Balakhen 19.02.1990 Arek
          Ashar Akber Esne 1988
          Aehraf I Maryam S dro1 1981
          Ashtari Mehrad 08.1987
          Ashtiyani Sedegh
          Azah Hamid 1981
          Asimi eveh 08.1989
          Assani Faraaneh 1984
          Bahadori ianoosh 1983 Masad Soleiman
          Behnian Mashalah 1981
          Bahrami Ahmed 19.02.1990 Bouehehr
          Bekhsheli Mehdi
          Bakhtiari 04.1990 Sanandaj
          Banaf shah All Ouseti 1989
          Barash Moheen 1983 Tonekabon
          Baseri All 1982 Tehran
          Bashiri Mansour 19.02.1990 Tehran
          Ba argan Bijen 09.1988
          Basazan Hossin 1981
          Behdervand Parvin 1982
          Behneni Assado leh 1983 . Tehran
          Belivand Kumars 1982
          / . . .
          Eng livh
          Peqe 71
          Surname Name
          Dirany All Reza 1981 A&dbil city
          Bladi Rogheyeh 15.12.1983
          Bolur-Forush MehdiB 04.1990 Sanandej
          Bordbari All 1984
          Bordbari Reza 1984
          Borghei Nehdi .
          Chegini HaBG8n
          Cheragh-DiBi Jamal 04.1990 Senandej
          Dadgar Esmaeel 1983 Eafehan
          Dahangiri Yafar 12.1988
          Danesh Hohammad-Amin 12.01.1986 Irenahehr
          Darabi Sayeed 1981 Noshar
          Darabi Saman 1982 Hamedan
          Darabi Mehrdad 1989 Boroujerd
          Darvishi Hahmoud
          Daryaii Mohainmad-Hosein 1988
          Dehchi Nader 19.02.1990 T.hran
          Dehghan Glee 1981
          Derakhenfar Hehrdad 08.1989
          Dinkhah Hamid 1988 Ourinieb
          Doulatebadi t4ahmoud . 1984
          Dowlat-Abadi Moheninad-Dareb 19.02.1990 Arak
          Dowlatsehi Sewne l lah 19.02.1990 Tehran
          Ebrahim-Abadi Salatin 19.02.1990 Sebsevar
          Ebrahimi Aelzo l lah 1989 Boroujerd
          Edulati Parvie 1981 Tehran
          Eesad-Ehah Kermani Maseoud
          Eliasi Nemat Tonekabon
          Esfahanian Hojgan 1981 Evin prison
          Eemaieli Javad
          E madi Tassebeh 1989 Evin prison
          Fadaii Mohammed Mished prison
          A/45/ 697
          Page 72
          Surname Name Data Place
          Fadee Jam hid tdasjed Soliaman
          Fadee Mehrdad Haajed Soliaman
          Fanny Ebrahim 1981
          Farahmand Mohammed 1988 Adelabad prison
          Farahrnandian Javad 1981
          Farahmandian Esmet 1981
          Farhad 1988
          Farhangi-Sabet Katayoun 19.02.1990 Sari
          Fat'Hi Nader 04.1990 Sanandaj
          Gaffarian Iray 1983
          Ghafoury Mohammad Sadegh 19.09.1981
          Chajar kzdonloo Maeomeh 10.1982
          Ghanemati Mostabah 1989
          Ohavaini t4ousa 1988
          Oholam Raze K lakjory 1988
          Golijan-Moghadam Fardin 1984 Tonekabon
          Golijan-Moghadam Au 1984 Tonekabon
          Goizar Gho leznossein 02.1990
          Goizar Gholamhaasan 02.1990
          Gorbani Hussein 1981
          Goreishi Semen 1981 Bandar, Abbas
          Hedadan Isa 1983 Zanjan city
          Haddadi Mohemmad-Saiid 1988
          Hadidi Arya 07.1981
          Hadipour Babak 1981
          Haffarl. A1i-Akbar 19.021990 Tehran
          Haj-Mohsen Hosuin 1988
          Hainini Daryoush
          Hemzeii Au 19.02.1 90 Arak
          Henry Majid 1981 . Raaht
          Hariry Massoud 1982 Evin prison
          / . . .
          A/45/ 697
          Page 73
          Surname Name Date Place
          Henry Shohreh 1981 Rasht
          Hariry tdanaoor 1988 Gohar-Dasht
          Hassani Mabmoud
          Hassani Ahmad Bi.jand
          Hassein Asimi Birjand
          Hayeti Taszebeh 1989 Evin prison
          Hedayati Zie Qahaem Shar
          Heidari Jorsumeb
          He at lah Oholemy 1984
          Hematti Mashaa'l lah Hamedan
          Heydar-Fakouri Seyyed 19.02.1990 Sabzevar
          Ho abre Cyrous 1981 Suary
          Hojabre Seemin 1981 Tehran
          Hoseini Ai 27.03.1988
          Hoseini Fanideh 2.07.1988
          Hossaini Hossain
          Hoasain Mohammed 08.1981
          Hosseinpour Hossein 06.1981
          Hosseinsadeh-Mabi Susan 14.09,1989 City of Rasht
          Hossieni Seid Seleh O4. 90 Sanendej
          HydasJ Amir 06.09.1981
          Izedshenas Mehdi
          Jabarzadeh Rasoul 1988
          Jafani Mehdi 1985
          Jahen-Bigleri Kamyat 1981
          Jahangiri Mohammed-Oholi
          Jahangiri Abolgasem
          Jahangini Mahin 1981 Semiron
          Jahanian Hemid 1981 Evin prison
          Jahanshahi Seyad Gholasn Resa
          Jalal L.ayghy 1984
          Jalali Maser 04.1990 Sanandaj
          / . . ,
          Ingi Lab
          Pegv 74
          Surn a N ne Date Place
          Jelisi Mebideel
          Javan Vanid Kaki 1982
          Javeni Fridon 1985 Evin prison
          Javasadeb AlL
          Kaikavousi Farideh
          Keissi Abbas 28.03.1990 Seistan
          Kalangari Mebmod 10.09.1984
          Kelat-Oharbi Moha iiad-Reae 19.02.1990 Sabsevar
          Kargar Sine Evin prison
          Kerimi Asghar Ramsar
          Katosian Sadegh
          Kasem Assadi
          Kha-Keroeani Neahed 09.1981
          Khabbaai Moataf a
          Khakbas Ahinad
          Khakbaz Ahmad
          Khanian Resa 02.1990
          Khakbasi , Abnad Ohasem-Abad
          Khatibeni Mohanmiad R. 24.05.1984 Soum'e Sara
          Kheradmand Zakieh 1989 Adelbad
          Khor Nosein 1989 Evin prison
          Khosrevi Nabiolah 1982
          Kiaie Massoud Evin prison
          I etif Moshgan 1989 Evin prison
          I4adadi Hosein 1983
          Madani 1989 Tonekabon
          Nab joub Nehdi 1988
          Mabmodi Aref 1988 Adel Abad
          Ma1 noudi Abbas-Ali 19.02.1990 Tehran
          I4akvendi Mabmood 20.06.1981
          Makvandi Bijen 1988
          t4a leki Maryain 1988
          / . . .
          Page 75
          Surn8m Name Data Place
          Maleki Jamahid Aligoudars
          Marei3i Gbavamn 1982
          Marendi Besen Jafarzadeh 12.1981 Vaiin Geid
          Maraban Fehimeh 1983.
          Mashkouri 1989 Ramsar
          Mashoiif Javad 1988
          Masoumi Hamnid-Reza 1989 Boroujerd
          Massoumi t4ehmoud 1985
          Mazji Bahieh 1988
          Mehrizi Ghassem
          Meshkinfamn Shokrol lah 1981 Mash
          Meshkinfam Shokro lleh 1988
          Meshkini Sedigeh 1982
          Mir—Areb 1988
          Mofarrahi Seeed 1984 Khoy
          Mogharrabian Parvaneh Bander-Gas
          Moghrazi Au Birjand
          Mohe mnadi Ahmnad 04.1990 Sanandaj
          Mohamedi Akber 3981
          Mohasm ia6i Abdo l lah 19.02. 1990 Bakhtaran
          Mohanunadian Rosa 1289 Tonekebon
          Mohkami Au Asgar 13.10.1982
          Mohaeni Au Reze
          Moini Mohaivm%ed
          Mojeher Au
          Mojtabaie Fakhri 1988
          Molavi Jelal Hamedan
          Moradi Masoud Masyide-Soleiman
          Moradi Au Ashraf 04.1990 Sanandaj
          Mc sa1ey Jaffar 1981
          l orshed Au 19.02.1990 Sabsevar
          4osanna Mi 19.09.1981
          Kilgi ish
          Page 76
          Surn& Name Date Place
          Motaghi-Talab Amir 1983 Rasht
          Motahayeri Mansour
          Motahhedin Saeed 03.08.1981
          t4ouaavi Enayatollah 19.02.1990 Tehran
          Moussavi Hashem Madadi
          Murtese Lebas 1984
          Muesavi Mohesen 1981 Sarri
          Naddafien Iraj 1989 Ramsar
          Naderi Manouchehr Evin prison
          Nad•ri Ziaoddin 1988
          Najjeren Ebrahim 1988 Gohardasht
          Najjarian Ali-Reza 19.02.1990 Boushehr
          Namvar Sgagruar 1984 Tonekabon
          Naroui Mohammed K. 28.01.1990
          Narouyi Houshang 19.02.1990 Tehran
          Nasser Barariy 1984
          Nassirian Zari
          Nasari . Abdol Mohammed
          Naaarsadeh Mohammed Hosein 1984
          Nasemi Zebra 1988
          Negarestani Javad 19.02.1990 Kerman
          Negarestani Meehaa l lah 19.02.1990 Kerman
          Nemati Mousse 19.09.1988
          Nemovi Abbas 01.1984
          Nilou Akbar 02.09.1981
          Othman Pour t4ohsen 04.1990 Sanandaj
          Pah levandoo Mohazumad Rezh 1982 Mashhad
          Parrar Abmar
          Parsiana Majid
          Parvaneh Abolgh sem 1981 Ramsar
          Parvizi Ahmad 04.1990 Sanandaj
          Pastegar Reza
          , . . .
          Eng lie h
          Page 77
          Surname Name Date Place
          Peerhadi HoaGin 1982 Evin prison
          Pin Au 19.02.1990 Tehran
          Poladi Hadi 1988
          Qadaksaz Rahim
          Rafati-t4ogadam Nahid 01.1982 Tehran
          Rafati-Mogadam Hanen 1984
          Rafeie Mohammat' 19.02.1990 Arak
          Rehim Saide 1981
          Rahimi Ahmad 1981 Ramsar
          Rahimian 1981 Remsar
          Rahimian 1981 Ramser
          Rahimian 1981 Remser
          Rahmani Ezatollah 19.02.1990 Karaj
          Rabmati Harsieh 09.09.1988
          Rajabi t4essoud 07.1982
          Rajai AlL Reza 1989 Gohar Dasht
          Rajavi Nasrim
          Ramehani Astollab
          Ranjbar Mohammed 19.02.1990 Rasht
          Ranjbaran Ameno lleh 198g. Evin prison
          Ranjbaran Amenolleti 1982 Evin prison
          Ranjbaran Amen-Allah 07.08.1981
          Rashed-Marandi Feriba
          Ra5bi Ahmad-Janghi 28.03.1990 Seistan
          Reza Felanik 1984
          Re ei Serder 1985 Evin prison
          ReEai Fesed
          Rezaie Yarali Qorgan
          Razaiian Behrouz 1988
          Roknama Afagh 1989 Evin prison
          Roudgari Essat
          Roudgari Nemat
          / . . .
          Page 78
          Surname Name Date Place
          Roye 04.1990 Sanandaj
          Ro5aii Mohasnad 04.1990 Sanandaj
          Sadaghi Hasan 1988
          Sadegh Mohasnmad
          Sadeghi Baiakhan 19.02.1990 Arak
          Sadeghi Rahznan
          Sadeghi. Jamshid 1989 Tonekabon
          Saaeghi Yousef 1981
          Sadeghpour Named Birjand
          Sadehqi Parvin 1981 North
          Sedigh Habib 1989 Ramsar
          Safaran Mohsen 1983 Evin prison
          Setatian Hosein 1989 Ramsar
          Safer! Khamran 1988 Gohar Dasht
          Safer! Gho lazn Gohar Dasht
          Setfaran Hassan
          Saffaran Hassan 11.1989
          Safiden . Namor 1984
          Saghar Massoud 1985
          Salali Saeed 04.1985
          Samad-Nosrati Hosein 19.02.1990 Qom
          Sed. ighat Mohasnadtaghi 1988
          Seyedi Majid
          Shaebani Fraidoon 15.04.1984 Adel Abed
          Shademani Sosan 1981. Rasht
          Shah-Abed! Mah in 19.02.1990 Tebran
          Shah—Mansourj 1981 Re- sar
          Shahi Al! Raza Shahroukh 1984
          Shamsin Isfahan Syavoush 198]. Bandar, Abbas
          Shapor Irantalap 1984
          Shariati Anvar 04.1990 Sanandaj
          Shekarnezhad Washaa l lah
          Page 19
          Surname Name Date Place
          Shirmohainmedi Davood 1989 Evin prison
          Shirvani Shiva
          Shojaie Nasrin 1988 Sfahen jail
          Shojaie Mehran
          Shokraneh Sorraya 1981
          Sobhanl Maser 04.1990 Sanandaj
          Soleimani Ali-Asghar Aligu darz
          Sotoudeh Tahmineh 1989 Evin prison
          Sulemani Noarat 1981
          Suliki Behruz 1981 Semiron
          Teati-Asil t4asoud 1988 Evin prison
          Taavoni-Ganji Amir 11.1989 Evin prison
          Tadainia Iloman 1981
          Taherpour Bahram 1988
          Tajalli Hossein 1982
          Tashayyod Mi Reza 1988 Tehran
          Tasslimi Abdolfazi 1981
          Tavakol Mohesn 1984
          Tavanian Mariam 1989
          Tazehkandi Au Reza 01.1990
          Teherani-Pour Hosein 1989 Karej
          Torabi Farah 08.1982 Evin prison
          Torkpour Gholam B. 1988
          Vahabi Farah 1989 Evin prison
          Valizadeh Habit 08.1988 Rasht
          Vedadinya Habibo l lah 19.0?.1990 Tehran
          Vosoghian t4ehdi 06.1981
          Yeganegi Mehdi 06.1981
          Yelivand Mi
          Yosof Feizola 1983 Shirez
          Yousaf-Ta leshi Narollah 1981 Ramsar
          / ...
          A/45/ 697
          ng 1 i ah
          Page 80
          Surnan e Name Data Place
          Zakori Mostafa 1981 Tebran
          Zandi Reaa 08.1981
          Zeineli Jahangir
          , . . .
          Page 81
          APPENDIX I I
          List of prisoners handed to the Deputy Minister of Foreign Affairs
          on 9 October 1990
          The Special Representative requested to receive information on the fate or
          whereabouts of the following prisoners a
          1. Jamahid Amlri-Bigvand
          2. Bahman Agahy
          3. Hooshang Amjadl Bigvand
          4. Ardeahear Aahraf
          5. Manochehr Azar
          6. Masoud Deadehvar
          7. Kyanoosh Hakeamy
          8. Bahram Ikany
          9. lieshrnatolah Magsoody
          10. Gahraman Malekzadeh
          11. Masoud Payeby
          12. All Raze Nasirl
          13. Noureddine Kianouri
          14. Meriam Feirouz
          15. Jamshid Torabi
          16. Abmad Rashed-Marandi
          17. Reza Arbabi
          18. John Fettle
          19. Mohamadreza Sedaghat
          20. Addol All Bazargan
          21. Ezzatollah Sehabi
          22. Reza Sedr
          23. Hussein Bani Assadi
          24. Shams Shahshehani
          25. Nour All Tabandeh
          26. Yedolleh Chamse Ardallan
          27. All Ardalen
          28. Rochan Ardalan
          29. Farhad Behbahanl
          30. Abbas Ghaem Babahl
          31. Khossro Mensourian
          32. Hasnem Sabaghian
          33.. Ezatollah Hamed Sahabi
          34. Mohammad Tavassoll
          35. Akbar Zarrinehbaf
          36. Habib Davaran
          37. NaIm Pour
          38. AmIr Tavekol Ebrahlmi
          39. Hossein Shah Hosselnl
          40. Nezemedlne t4ovahed
          41. Matunou t4alekl
          , . . .
          Sng liih
          Page 82
          42. Hormos Momayesi
          43. Said Sedr
          44. Hemid Sadr
          45. Khosrow P rsa
          46. Ahsnad Shayegen
          47. Mahmoud Labibi
          48. Shahin Parse
          49. Azar Sadr
          50. Davoud Mir Rahimi
          51. Mrs. Ze nani
          b2. Mr. Jafarpour
          53. Ahmad Rohdaki
          54. Rhalil Ohiassi
          55. Davoud Moyefar
          56. Moh&inad Aininal Reaya
          57. Nader Afshari
          58. Dr. Assadi
          59. iIenouchehr Motahari
          60. Norous Neghizadeh
          61. Ahmad Besten
          62. Mohemad Dehgh n
          63. HussaingholL Roshansamir
          64. Sekhshullah Mias ghL
          65. ayv&n Kha1aj b6d
          66. 8ehn m Mies gh
          67. Asisullah t4ahjoor
          68. Habibu11 h Hak mi
          69. Nader RouhenL
          70. Badlull&h Sobh6ni
          71. Dr. Mitre Ameli
          72. Dr. latemeh Isadi
          73. Ms. Fatemeh Hosaeinsadeh-Tussi Moghadam
          (known as Giti Aserang)
          14. Ms. Malakeh Mohamadi
          15. Ms. Zohreh Ghaeni
          16. Ms. Nahid Dorudiahi
          77. Ms. Feteineh (Zohreh) Sedigh Tonekaboni
          18. Ms. Hure Fuladpour
          79. Ms. Manijeh Riasi
          $0. Ms. Afsaneh Rhavar
          81. Ms. Mahboubeh Roheadi
          82. Ms. Mahin Ehosravi
          83. Mr. Roger Cooper
          84. Mr. Aliinad Resaire Fard
          85. Ms. Monir Khosroshahi-Baradaran
          86. Ms. Farideh Mahmood Mohanmiad Zamani
          87 • Mr • Framers Mahmood Mohwnmad Zamani
          88. Mr. Farsheed Mabmood Mohanined Zemani
          89. Mr. Ainir Houshang Kemrani
          90. Mr. Mensour Taheri
          ng1 i ah
          Page 83
          91. Ms. Maryazn Taleghani
          92. Mr. Bahram Alai-Khastou
          93. Mr. Seyedmehdi Nasry
          94. Ms. Sakineh Sedaghat
          95. Mr. Mi Sedaghat
          96. Mr. Abbas Raini
          97. Mr. Eaatollah Sahabi
          98. Ms. Nerges Akbari-Namdar
          99. Mr. Rahim Akberi-Nemdar
          100. Ms. Jemileh Akbersad-Yousefi
          101. Dr. Bozoo Bagha i
          102. Mr. Esmail t4ovassaghian
          103. Mr. Faramars Ah adian
          104. Mr. Saeed Taati-Asil
          105. t4s. Feeseh Sabet-Jahromi
          106. Mr. Ebrahim Nebahat
          107. Mr. Mohemmad-Taghi Rahimpour
          108. Mr. Rajab Bayrem-Zadeh
          109. Ms. Essat Habibkhani
          110. Ms. Mahim Towfighi
          111. Ms. Shahrsed Mahdavi
          112. Ms. Farkhondeh Zanjanpour
          113. Ms. Sousan Gorji-Sefat
          114. Ms. Lilik Hakoopian
          115. Ms. Fatema Shaf ii
          116. Ma. Akhtar Tahrnesbi
          117. Ms. Mehin Batrnani
          118. Ms. Shokoofeh Ali-Gholi
          119. Ms. Farkhondeh Tagharsi
          120. Ms. Mahin Ohefferi
          121. Ms. Sadigheh Ahoumoshk
          122. 145. Sadigheh Hashemi
          123. Ms. Nesrin Seltmi—Badr.
          124. Ms. Shine Jehen-Zad
          125. Ms. Maryam Noun
          126. Ms. Mehri Salami
          127. Ma. Maryam-Banou Sepehri Rehnema
          128. Ms. Minou Naseri
          129. Ms. Mine Vatanpour
          130. Ms. Mahvesh Keshevarsi
          131. Ms. Mansoureh Ghanbarpour
          132. Ms. Sahareh Taghanian
          133. Mr. Ghadam Khayyer-Nasiri
          134. Ms. Shahin Samii
          135. Ms. Shahia Talebi
          136. Ms. Maryam Ghazi
          137. Ms. Razieh Ghoreishi
          138. Ms. Home Ipikchi
          139. Ms. Taheri Semadi
          140. Ms. Katazoun Baghaii
          / . . .
          A/ 45 / 697
          Page 84
          141. Me. Parlvaeh Torahisian
          142. Ms. Mahdokht Hasheini
          143. Me. Eemaieli Afrasiab
          144. Mr. Mehdi Knosh Slook
          145. Ms. Mehri Knosh Slook
          146. Mr. Rhalid Alt Karimi
          147. MB. Mona Abdi
          148. Mm. Merges Chanbari
          149. Mr. Mohaimned Macsan
          150. Mr. Tofygh Setayeshi
          151. Mr. Au Resa Sadeghi
          152. Mr. Davod Acicy
          153. Mr. Mohammed Tale Poor
          154. Mr. Homeoun Najefi
          155. Mr. Noreec Karami
          156. Mr. Senjabe Aeghar
          157. Mr. Atahey All Pesa
          158. Mr. Sandabi Hamid
          159. Mr. Moheen Farm
          160. Mr. Parvin Farsin
          161. Mr. Mohamnad Mehdi Bladi
          162. Mr. Leb e Murtesa
          163. Mr. tayqhy Jalal
          164. Mr. Falanik Resa
          165. Mr. Oholamy H.jatalah
          166. Mr. Irantalap Shapor
          167. Mr. Ammary Mahmed
          168. Mr. Barariy Naeeer
          169. Mr. Namor Safiden
          170. Mr. Mohemad Salihi
          171. Mr. Hasan Asady
          172. Mr. Rohalah Ramacani
          173. Mr. Jafar Trebperhisi
          174. Mr. Adel Saudi
          175. Mr. Iraj Kafashpour
          176. Mr. Mehdokht t4ohamadi Yadeh
          177. Mr. Mahmoud Akbari
          178. Mr. Lotfali Mir Sorow
          179. Mr. Panahandeh Mohammadi
          180. Mr. Moheen Mohamadi Zadeh
          181. Mr. Au Resa Babel
          182. Mr. Mahmoud Faroukh Manesh
          183. Mr. Resa Heueheki
          184. Mr. M.*hsnood Bakshal
          185. Mr. Grain Rondari
          186. Mr. All Rosa Masondifar
          187. Mr. Mohaimnadali Morshedi
          188. Mr. Mahmood Tajgardan
          189. Ms. Zahre Felahati
          190. Mr. Mortesa Ghediyani
          / ...
          Pegs 85
          191. Mr. Gholeoe Reza Mirzani
          192. Mr. Jawad Remany
          193. Mr. Kernel Nadery
          194. Mr. Kezem Karimabadi
          195. Mr. Souhrab &thady
          196. Mr. Farokh Djonaidie
          197. Mr. Chasem Daryabaghi Mad
          198. Mr. Mi Hessaraky
          199. Mr. Devowl Rezaie
          200. Mr. Shahab Nouzary
          201. Mr. Mohamad ShL .jerdi .
          202. Mr. Mohammed Taghi Rahimpour
          / . . .
          A/4 5/697
          Page 86
          APPENDIX III
          Official programme of the sc!cond yisit ot the Special Representative
          Tuesday. 9 October 199.Q
          0015 - Arrival at Tehran Airport and reception by Mr. N. Mottaki, Deputy
          Foreign Minister for International Political Affairs and high
          officials of the Foreign Ministry
          1030 - Meeting with Mr. H. Hottaki, Deputy Foreign Minister for
          International Political Affairs
          Wednesdays 10 October 199k
          0930 - Meeting with Hojatolislem A. Fallahian, Kinister of Intelligence
          OEursday . 11 October 1990
          0900 - Meeting with Hojatolislam Zargar, Special Prosecutor for Narcotic
          1600 - Meeting with the Deputy Minister of the Interior and the Commission
          on Article 10 of the Constitution
          Saturday. U October 1990
          0900 - Visit to Evin prison (hearing of prisoners)
          1600 - Meeting with the Deputy Minister of Culture and Islamic Guidance
          j nday . 14 October 199.0
          0900 - Attendance at a session of the revolutionary court at Evin prison
          1230 - Meeting with Ayatollah Moghtadaei, President of the Supreme Court
          1600 - Meeting with Mr. Badatnchian, Political Deputy to the Head of the
          Monday 15 October 1990
          0830 - Meeting with Ayatollah Yazdi, Head of te Judiciary
          1030 - Meeting wit)? Dr. Mehicour Judicial Deputy to the Heed of the
          1530 - Meeting with Dr. A. A. Velayati. Minister for Foreign Affairs
          1700 - Final meeting with Mr. 14. t4ott ki
          . ,...
          APPENDIX IV
          List of prisoners whom the Special Representative
          requested to sea during his second visit
          1. List given to the authorities on 9 October 1990
          Page 87
          Reasons given by the authorities for not
          being able to present the prisoner to the
          Special Representative
          Jamshid Amiri-Bigvand
          Bahoean Agahy
          Hooshang Ahmadi Blgvand
          Noureddine Kianouri
          Meriam Feirouz
          John Pattis
          Addol Mi Bazargan
          Hussein Bani Assadi
          Shams Shahshahani
          Hour All Tabandeh
          Mi Ardalan
          Farhad Behbahanl
          Mohammed Tavessoli
          Hossein Shah Hosseini
          Davoud Mir Rahimi
          Hussaingholi Roshanzamir
          Kayv n Khalaj b II'
          Habibull h Hak m
          Bad ull h Sobh nf
          Mitre knell
          Ms. Fatemeh Izadi
          Ms. Fatemeb Hosseinzadeh-Tussi
          Moghadam (known as Giti Azareng)
          Ms. Malakeh Mohammadi
          Ms. Zohreh Ghaeni
          Mr. Roger Cooper
          Ms. Sakineh Sedaghat
          On leave fror 18 July 1990 for 85 days
          On leave
          On leave from 11 Aug. 1990 for 70 days
          Visit not authorized by prosecutor
          not authorized
          not author ised
          not author ised
          by prosecutor
          by prosecutor
          by prosecutor
          Visit not authorized by prosecutor
          Visit not
          On leave
          25 Sept.
          On leave
          authorized by prosecutor
          at Arak on smuggling charges
          in Keraj
          from prison of Shiver
          on 11 Aug. 1990 and was released on
          from 21 Aug. 1990 for 2 months
          / . . .
          Ingli sh
          Page 88
          2. Additional list given to the authorities on 13 October 1990
          Reasons given by the authorities for not
          being able to present the prisoner to the
          Special Representative
          Visit not authorized by prosecutor
          Visit not authorized by prosecutor
          Visit not authorized by prosecutor
          Visit not authorized by prosecutor
          Ezzatollah Sahabi
          Khossro Mansourian
          Hashem Sabaghian
          Hornios Momayesi
          Maryam Taleghani
          Amir Entezam
          / . . .
          APPENDIX V
          Lint provided by the Government of eiecutiona carried out between
          the b.ainnin of the current Iranian year (31 March 1990) and the
          iscond yleir of the apeolal Representative
          No. Name Father's name Crime Place .x,cUtion
          1. Morad Davari Hashem Premeditated murder Mal i 27.03.1990
          2. Eem.tollah A,I .ii Valiyol lah Idem Mali 37.03.1990
          3. Abbe. Asisi No ato11ah Idem Arak 27.03.1990
          4. Abbas Raieei Darav Spying for Iraq Zahedan 29.03.1990
          S. Ahmad Ahmad Jangi—Zerehi .Jaksem—Dad Zahedan 29.03.1990
          6. Gol—Nohammed Ohanbarsehi Rahmat Armed rebel Zahedan 03.04.1990
          7. Davoud Ohanbar—Zehi 11am Idem Zahedan 03.04.1990
          8. Abbee Mohammad-Noseini Foreign national Armed robbery and rap. Roudehen
          9. llosein—All khademi Foreign national Idem Roudehen
          10. Nader Ohanbari Foreign national i ! Roudehen —
          11. Asia—All Noradi All Premeditated murder Bakhtaran 12.04.1990
          and Kidnapping
          12. Farsi Ghanbari-Neehad Jam Idem Bakhtaran 12.04.1990
          13. Boraou Asgari Jam Murder and robbery Mianeh 13.04.1990
          14. Bahman Heydari Jam M laneh 13.04.1990
          15. Hosein—Jan P..ehouneh Jam Murder horram—Abad 2A.04.1990
          16. han—A1.l Narouie Madad Activity against the Zahedan 36.04.1990
          9.curity of the country,
          co—operation with armed
          rebels and drug
          participation in armed
          conflict which resulted
          to martyrdom of
          military and
          non—military forces.
          17. Asia Narouie Zeydar Zahedan 26.04.1990
          18. Akhtar—Ameh Narouie Iamai.1 Id.m Zahed.-n 26.04.1990
          19. Golahah Narouie Karim zahedan 26.04.1990
          20. Hosein Sedaghat l urder Roraigan 30.04.1990
          21. Enayat Saghaehi Eazatoddin Participation in transport Zahedan 30.04.1990
          of 2 kg of heroin
          22. HabibolIsh Arbab—Zehi peys—Nobammad Participation in transport Zahedan 30.04.1990
          of 10 kg and 30 gr of
          t Copy Available
          page 89
          Page 90
          No. Name Father's name Crim. Place executIon
          23. GhodOue (ihaljaii Alt—Moham m ed !mporting 3 kg and 200 gr Zahodan 30.04.1990
          of heroin and 1 kg
          . hashish and selling 960 gr
          of h.roin
          24. Naiim Ichajeh Feys—Mohammad Zahoden 30.04.1990
          15. Abdol—Asil l.ili—Marvaa Bhirak National Rape Lavaaanat 05.03.1990
          of Aghanistan
          26. Khalil Mirsail Planting a bomb in AkhI— Asarahahr 06.05.1993
          Jaman mosque and killing
          Hojatol—Eslam Fakhr—Banati
          27. Kourosh Heeari Jamshid Kidnapping a child (girl) Eelamohahr 09.05.1990
          and adultery
          28. Ali—Resa nerd—Mad Ebrafil Murder Tehran 09.05.1990
          29. Aeadollah Safi Oholam—Aval Drug trafficking, transport, Shlraz 22.05.1990
          distribution and production
          of hundreds of kilograita
          of drugs
          30. Abdolrahman Safi Abdol—Ejan Idem Shiras 22.03.1990
          31. Fez—Mohammed Majidi Abdol—Najil Idem Shiraz 22.05.1990
          32. Abdol—Khalegh Safi Kha lil Idem Shiraz 22.03.1990
          33. Gholae—Mohammad Hour— Sarnoud Idem Shiras 22.05.1990
          34. Gholam—Sanmi Moradi Khali l Idem Shiraz 22.03.1990
          35. Au—Baa Mahbouri Mad Shiraa 22.05.1990
          36. Jahan—Shah Zarreh—Poush Nashie Shiraz 22.05.1990
          37. Tavakol Zarreh—Poush Nashie Idem Shirar 22.05.1990
          38. Mahmoud Asiri Azis—Oholi Idea Shirar 22.03.1990
          39. Abbee Esteli Hasan Idem ShIres 22.05.1990
          40. Mostaf: Mansouri Mohammad—Ali Ides Shires 22.03.1990
          41. Saedolleh Igmalel Pour— Fatholish Ic m Rhiraz 22.03.1990
          Ate sh i
          42. Jafar shaken Majid Murder Tehran 22.05.1990
          4L Allah-Morsd Safari (ski—Monad Murd tr and armod robbery Mianeh 22.07.1990
          44. Khedmat .-A1i Anghouti Agha—Jan Idem Mianeh 22.07.1990
          45. Jebreil Joudi Mahmoud Idem Mianeh 22.07.1990
          46. Jahan in Gh nI i*deh Ebnahim Premeditated murder OEhran 29.07.1990
          Page 91
          No. Name Father's name C'ime Place execution
          47. ‘ .. ,Ald Abnoum Ebrel Kidnappvd and raped A girls Qom fl. 08.19 9 0
          who were between 6 and
          a years old
          48. Baeed Roahanali Yado l lah Idom Qom 11.08.1990
          49. Beytollah Mohammadi Rama san—A IL Xidnappinq and rape Najaf—Abad 13.08.1990
          SO. Eamaiel Abmadi Ebrahim Idom Najaf—Abed 13.08.1990
          Si. Masoud Sourani Hosein Najef—Abad 13.08.1990
          52. Raheen Habibollahi yadollah Idem Najaf—Abad 13.08.1990
          53. Oholam—Hoa.ln Joel Mohammed Najaf—Abad
          54. Mortesa Shaflyan Ragab—Ali Yluin Najaf—Abad 13.08.1990
          55. Gholam—Abbas Rhouravi I3oeein—A1l Idom Najaf—Abad 13.08.1990
          56. Hoqat Habibi Murder of Majid Nasiri Tehran 14.08.1990
          57. Nader Zandi Amir-Morad Murder ot Hasan Ahmadi-Pour Iehran 17.09.1990
          58. Hosein Gh vini Murder of Mihan Masoudi Arak 17.08.1990
          59. Mehdi Khe3eqhi Gho lam-I1oaein Importing, buying, neiling, Mashad 05.09.1990
          distributing more than
          30 kilograms heroin md
          . 3 kiloqrams opium. Some of
          them were inomb re of a
          druq—trafficking ‘ and which
          Imported drugs from
          Afghanistan with armed
          60. Mouwla Dajerat Heydar Idom Mashed 0 .09.1 990
          1. Abdollah Narouii Jaman Idem ,Iashad 05.39.1990
          62. Nour-Mmad Narouii Gol—Mohanunad Idem Mashiv.j 05.09.1990
          63. Alt—lieu Abedi Mohammed Idem Ma SP.id 0! .O9.l99O
          64. Mowla pouya Pacviz ‘dem Ma had 05.09.1990
          65. Mohammed Raahtanya Sahibdad Idem M . shsd 05.09.1990
          66. Ali-khan Touedeh Ramazan Idem Mashed 05.09.1990
          67. Maehallah Sarhadi Fouled d em Meshed 03.09.1990
          68. Mactee Rajabzadeh Mostafe Idea Mashed 05.09.1990
          69. Goi—Mohamx.d Audi Shir—Mohammadi Idea Mashed 05.09.1990
          70. Nour—Mohamma.3 Ramazan Idem Mashed 03.09.1990
          71. Golmm Rosa Fathirounji Alt Idea Mashed n .09.1q9o
          72. Mohammed Alt Baratt Hareti-Alt Idea Mashed 05.09.1990
          py AvaHable
          &/4 5/ 497
          P.91 •a
          No. Na PaIIsr'. name Crime Plac. •xsE ution
          73. Noha*mad Nowrous Ishi Afial Machad 05.09.1990
          74. Ramsean Racist 7atianq tr Muhad 05.09.1990
          75. !brahi. arimi Mactm Machad 05.09.1990
          74. Macic Macart Nicro l imh Manbad 05.09,1990
          77. Uholia—Mia Shial-Talab Gholam Machad 05.09.1990
          78. Rica rant Ohar.khon Machad 05.09.1990
          79. Oholam—Rica Pant Nohamead Mashed 05.09.1990
          50. Ibg ht* Nour—Nohamad Machad 05.09.1990
          Ii. Ahmadi.nah Ata—Mohaminad Idem Machad 05.09.1990
          83. Mohsme.d Io.sein Gho lman Machad 05.09.1990
          83, Gol—Mohamead Noun—Mohamad Machad 0! .0 9. 1990
          84. Nabibollsh Nourri Machad 05.09.1990
          85. Joalh Gol—dousti Najooddin Machad 05.09.1990
          86. Mabiboitab P.yso l l.h Meohad 03.09.1990
          87. Alt—Valid Ztaoddin Machad 05.09.1990
          88. 9.yyed Raouf Seyy.d Abdollah j Machad 03.09.1990
          89. Moha ad-KanLs Abram Mabmoud Idem Manhad 05.09.1990
          90. Mohammed , Abdol—Ohafour Machad 05.09.1990
          91. Rabsh—Bsn A llahvendi Idom Machad 05.09.1990
          93. IsmaisI Joudou Machad 05.09.1990
          93. RiIouI—Afghan Rain Zdom Manhad 05.09.1990
          94. Rhada—Nauar Zgenbordou Machad 05.09.1990
          95. Abdoll.h Karvan Idem Machad 05.09.1990
          96. Abdoll.h Iloulan 16cm Machad 0 .09.1990
          97. Sarvar Pey u—Mohaminad Machad 03.09.1990
          98. Oholam Sarvarongy
          (nick ‘med as
          Bha-Gho lam)
          Zanifol lsh Tajik 16cm Machad 03.09.1990
          Hahibolish M.dadl i ahmat Idem Machad 05.09.1990
          Nohame.d—Bbrahi. Douran 16 cm Machad 05.09.1990
          JCh.nad—Naur Jomsh—Morad Idern Machad 05.09.1990
          Sng li sh
          Pig• 93
          Oats of
          No. Nams Pathsr's na ertms Plac. . i.uutLon
          103. Njib Nsghsoud Mashed 05.09.1990
          104. Ohyamoddin Najaoddin Mashad 05.09.1990
          105. khodaysr Ds1—Nohaad Mashad 03,09.1990
          106. H.dayato l lah Nssro l lsh Buying, sslling and Boushshr 05.09.1990
          A lihcu .ohdi—g asii (National of distributing drug.
          Afghanistan) .
          107. Abdolghodous Mohammad Doush.hr 05.09.1990
          106. F.r.ydoun Vataii Nohaad 1.4k! Zahsdan 18.09.1990
          109. Ali—Nauar Noh.sd— Balsh—Nohaad Zahsdan 18.09.1990
          110. Iaman-Khan Nouti— shi Mohasmad-Nour Zahsdan 19.09.1990
          111. Nassr—NohaaJ Nohamaad—Akbar Trans rting end distributing fah.d&n 19.09.1990
          Darahoui l drug.
          113. Abdolkhalsgh Nousa—!shl Ali—Shir Zahsdan 1A.09.1990
          113. Issat 8a.vd—Nya Gho laa—Hos.in ?ransporting 31 kilograms
          drugs and partiaipattnq in
          distributing 7 kilogram.
          of it.
          opy Available
          Peg. 94
          APPENDIX VI
          Government rejlies conc.rnin.g aa a of execution listed
          injravioua reports of the Special Representative
          The names of 2,109 persons allegedly executed cannot be recognised.
          137 persons allegedly executed are studying in Iranian universities.
          276 names are duplicated in the reports of the Special Representative.
          368 names are incomplete and were not found in the Islamic Republic of Iran.
          51 persons allegedly executed are working in different organizations of the Islamic
          135 persons have died due to natural causes.
          53 persons are terrorists and murderers who were executed in 1981 and 1982. They
          were sentenced to d.ath by the courts. Unfortunately, most of these individuals
          were influenced by the deceptive slogans of the rivals of the Islamic Republic of
          Iran and coniaitted acts of terrorism and destructive activities, including the
          murder of innocent people.
          76 persons allege 1ly executed achieved mai tyrdom while confronting the Revolution's
          110 persons were imprisoned because of their opposition towards the Islamic
          Republic of Iran and were released from prison later on
          57 persons have never been arrested, although thd t4o ahedin Organization alleged
          that they were executed in l981-. 1982 and the Special. Representative listed them as
          executed in 1988—1989.
          27 parsons died in street clashes and clashes with border troops.
          86 persons are studying abroad
          62 persons allegedly executed are held as prisoners of war in Iraq.
          44 persons are missing in action during the imposed war end unfortunately there is
          no information about them for lack of cooperation by the Iraqi authorities.
          19 persons allegedly executed live and work in Iran.
          7 persons had to undergo military service, but in order to escape from this holy
          duty have sought shelter in foreign countries.
          2 persona have been imprisoned for various reasons.
          1 person was killed In an armed clash with military forces at the border.
          / . . .
          APPENDIX VII
          Measures taken by the Amnesty Division oL.IIe. Judiciary
          from 23 September 1989 to 7 October 1990
          Number of
          to death
          Leader Amnesty measures Total benefited
          from amnesty
          1299/68 - 12 Oct. 1989 45 3 48 -
          4/480/68 - 6 Dec. 1989 56 35 91 8
          4/610/68 - 27 Dec. 989 139 71 210
          840/68 - 31 Jan. 1990 113 65 178
          1080/68 - 6 Marv,h 1990 111 32 143
          1200/68 - 17 March 1990 53 66 119
          50/69 - 29 March 1990 58 21 79 —
          480/69 - 24 April 1990 112 148 260 8
          900/69 - 16 May 1990 229 89 318 3
          1370/69 - 14 June 1990 286 332 618
          1720/69 - 30 June 1990 92 55 147
          1752/69 - 2 July 1990 24 20 44 -
          2000/69 - 21 July 1990 929 650 1 579 1
          2002/69 - 21 July 1990 178 213 391 1
          3080/69 - 4 Sept. 1990 26 69 95 3
          3382/69 - 26 Sept. 1990 84 172 256 5
          3384/69 - 2 Sept. 1990 50 15 65
          Total 2 585 2 056 1 641 29
          / . . .
          A/4 5/697
          Page 95
          Copy Available
          Page 96
          kPPSNDI VIII
          Circular letter No. 1/7553/9 da ad 4 Au sLj99O by the
          Head of Judiciary to all judigial uuits and authorities
          On the basis of the report rec ive6, some of the courts create impediments for
          the acceptance of attorney. It is, therefore, notified as followss
          In accordance with principle 35 of the Constitution of the Islemic Republic of
          Iran, that provides for the right of the parties to a lawsuit to select an attorney
          in all civil and penal courts, and that stipulates that in case of the inability of
          the person concerned to select an attorney, the court should arrange for the
          appointment of an attorney, and with due regard to the decisions No. 15 dated
          19 September 1984 and No. 501 dated 9 AprIl 1987 of the General Board of the
          Supreme Court on the unity of procedures, and in compliance with articles 59 and 69
          bi oC the law of the civil procedure, and article 11 amended of the law on the
          establishment of Special Civil Courts, and article 15 of the non-litigious
          jurisdiction act and it note, and article 309 of the law of the Penal procedure
          and the note of article 112 of the same law, and article 9 of the law on the
          establinhment of penal courts, and article 34 of the law on legal practice and all
          other relevant applicable laws, all legal authorities should accept the legal
          attorneys of the parties to the lawsuit or the accused as prescribed in the law.
          Such attorneys should be allowed to defend their clients. Besides, where request
          Is made for a public defender or a counsel, necessary arrangements should be made
          in accordance with above-mentioned legal provisions. In short, all necessary
          arrangements should be made to make it possible for eligible attorneys to defend
          their clients.
          The violation of the aforementioned regulations shall make the violator liable
          to disciplinary prosecution and, as the case may be, shall lead to the reversal of
          the verdict by the Supreme court.
          (Signed) Mohammed Yazdi
          Head of the Judiciary
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