1995/68. Situation of human rights in the Islamic Republic of Iran

The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,

Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23), as endorsed by the General Assembly in its resolution 48/121 of 20 December 1993, and in particular part I, paragraph 1 which reaffirms, inter alia, that human rights and fundamental freedoms are the birthright of all human beings and that their protection and promotion is the first responsibility of Governments,

Reaffirming that all Member States have a duty to fulfil the obligations they have undertaken under the various international instruments in this field,

Mindful that the Islamic Republic of Iran is a party to the International Covenants on Human Rights,

Recalling in particular its resolution 1984/54 of 14 March 1984, in which the Commission requested its Chairman to appoint a special representative to make a thorough study of the human rights situation in the Islamic Republic of Iran, based on such information as the Special Representative might deem relevant, including comments and material provided by the Government of the Islamic Republic of Iran,

Recalling also its relevant resolutions expressing concern at the violations of human rights by the Government of the Islamic Republic of Iran, including its resolution 1994/73 of 9 March 1994, as well as those of the General Assembly, including the most recent resolution, 49/202 of 23 December 1994, and of the Subcommission on Prevention of Discrimination and Protection of Minorities, including the most recent resolution, 1994/16 of 25 August 1994,

Noting that the Government of the Islamic Republic of Iran has responded to the Special Representative's request for information concerning allegations of human rights violations in that country but has not allowed him to pay a fourth visit to the country so that he might obtain direct and first-hand information on the current human rights situation,

Regretting that the Government of the Islamic Republic of Iran has not permitted the Special Representative to visit the country and that, despite the formal cooperation extended to the Special Representative by the Government of the Islamic Republic of Iran, such cooperation needs to be improved,

Reaffirming that Governments are accountable for assassinations and attacks by their agents against persons on the territory of another State, as well as for the incitement, approval or wilful condoning of such acts,

Noting the concluding observations of the Committee on the Elimination of Racial Discrimination, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights on the human rights situation in the Islamic Republic of Iran,

1. Takes note with appreciation of the report of the Special Representative of the Commission and the observations contained therein (E/CN.4/1995/55);

2. Expresses its deep concern at continued violations of human rights in the Islamic Republic of Iran, including those highlighted by the Special Representative in his report, namely the continued high number of executions, cases of torture and cruel, inhuman or degrading treatment or punishment, the failure to meet international standards with regard to the administration of justice, the absence of guarantees of due process of law, the discriminatory treatment of minorities by reason of their religious beliefs, notably the Baha'ís, whose existence as a viable religious community in the Islamic Republic of Iran is threatened, lack of adequate protection for the Christian minorities, some of which have been the target of intimidation and assassinations, restrictions on the freedoms of expression, including the use of excessive force in suppressing demonstrations, thought, opinion and the press, and continued widespread discrimination against women;

3. Expresses its grave concern at the continued widespread use of the death penalty in the Islamic Republic of Iran, especially where its use is in violation of the relevant provisions of the International Covenant on Civil and Political Rights;

4. Also expresses its grave concern that there are continuing threats to the life of Mr. Salman Rushdie, as well as to individuals associated with his work, which have the support of the Government of the Islamic Republic of Iran;

5. Urges the Government of the Islamic Republic of Iran to refrain from activities such as those mentioned in the report of the Special Representative against members of the Iranian opposition living abroad and to cooperate fully with the authorities of other countries investigating and punishing offences reported by them;

6. Also urges the Government of the Islamic Republic of Iran, as a State party to the International Covenants on Human Rights, to abide by its freely undertaken obligations under the Covenants and under other international instruments on human rights, and to ensure that all individuals within its territory and subject to its jurisdiction, including religious groups, enjoy the rights recognized in these instruments;

7. Further urges the Government of the Islamic Republic of Iran to intensify its efforts to investigate and rectify the human rights issues raised by the Special Representative in his observations, in particular with regard to the administration of justice and due process of law, and, in fulfilment of its obligations under article 27 of the International Covenant on Civil and Political Rights, to take steps to ensure the recognition and enjoyment of human rights of persons belonging to minorities;

8. Urges the Government of the Islamic Republic of Iran to carry out thorough, careful and impartial investigations into the assassination cases of the three Christian ministers mentioned in the report of the Special Representative;

9. Calls upon the Government of the Islamic Republic of Iran to implement existing agreements with international humanitarian organizations;

10. Also calls upon the Government of the Islamic Republic of Iran to cooperate fully with the Special Representative, including by allowing him to make another visit to the country;

11. Decides to extend the mandate of the Special Representative, as contained in Commission resolution 1984/54 of 14 March 1984, for a further year;

12. Requests the Special Representative to submit an interim report to the General Assembly at its fiftieth session on the situation of human rights in the Islamic Republic of Iran, including the situation of minority groups such as the Baha'ís, and to report to the Commission at its fifty-second session;

13. Requests the Secretary-General to give all necessary assistance to the Special Representative;

14. Decides to continue its consideration of the situation of human rights and fundamental freedoms in the Islamic Republic of Iran, as a matter of priority, at its fifty-second session.

60th meeting
8 March 1995
[Adopted by a roll-call vote of 28 votes to 8,
with 17 abstentions. See chap. XII. E/CN.4/1995/176]

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