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 About
Age — Nationality Iran Religion — Civil status — Education — Occupation — Rank/Position — Institution —
Case Date of execution April 17, 1990 Location Sanandaj, Iran Mode of execution unspecified execution method Charges Counter revolutionary opinion and/or speech About this Case
The execution of Ms. Roya Bakhtiari was reported by Mr. Galindo Pohl, the Special Representative of the United Nations' Commission on Human Rights, in his report on the situation of human rights in Iran (November 1990, A/45/697).
Arrest and detention
The circumstances of this defendant’s arrest and detention are not known.
Trial
No information is available on the defendant’s trial. However it has been reported to the United Nations' Special Representative, that at the time of this execution : "trials before Islamic revolutionary Courts have usually taken place in secret, sometimes inside prisons, that defendants have not usually enjoyed the right to be represented by a lawyer, and often have not even been made aware that the proceedings were in fact a trial and not an interrogation session."
Charges
The charges brought against Ms. Bakhtiari were reportedly his having attended the May Day Celebration in the City of Sanandaj (Iranian Kurdistan).
Evidence of guilt
The report of this execution does not contain information regarding the evidence provided against the defendant.
Defense
No information is available on Ms. Bakhtiari's defense.
Judgment
Ms. Bakhtiari was sentenced to death and executed in Sanandaj, either on April 17th or April 27th, 1990.
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Human rights violations in this caseThe legal context
Read about the courts, the judges, and the procedure. The courts
Special courts, known as the Islamic Revolutionary Tribunals, were set up after the February 1979 revolution. Their jurisdiction encompasses a wide array of offences ranging from association with or support of the former regime, promotion of foreign influence, and enmity with the revolution to possession, use or sales of narcotic drugs, murder, and profiteering. In the 1980s, a penal court, presided over by one judge, was created to handle some of the offenses punishable by death, such as theft or adultery. These tribunals’ decisions must be confirmed by a chamber of the Supreme Judicial Council.
The judges
Prosecutors and judges are not necessarily jurists. By 1981, the judiciary was purged of judges trained in law schools. They were replaced by seminary graduates and students, as well as by political appointees (an estimated 2000 by 1989). Since by law judges are only required to have a high school diploma and must be faithful to the Islamic Republic’s tenets, new recruits often have little formal training in the law and are chosen because of their political affiliation.
The procedure
The procedures of these ecclesiastical tribunals fail to meet the minimum guarantees for fair trial as established by international human rights instruments and by sha’ria (the Islamic system of law). In addition to executions ordered by revolutionary tribunals, extra-judicial executions are carried out, targeting dissidents and opposition leaders. In some cases, both inside and outside of Iran, these executions have been traced back to Iranian officials. It is, however, not known if in these particular cases trials are held in absentia.
Sources (Among others): Amnesty International, Law and Human Rights in the Islamic Republic of Iran, February 1980; Lawyers' Committee for Human Rights, The Justice System of the Islamic Republic of Iran, 1992; E/CN.4/1989/26 p.14; UNCHR, Resolution 1984/54 , Abolition of Torture - Iran - 1; 28 November 1984; Report on the human rights situation in the Islamic Republic of Iran by the Special Representative of the Commission, Mr. Reynaldo Galindo Pohl, 28 January 1987. Amnesty International, A SHOCKED WORLD WATCHES IN DISBELIEF, VIOLATIONS OF HUMAN RIGHTS, 1987-1990. Memoirs of Ayatollah Khalkhali, religious judge and former head of revolutionary tribunals (2001), and Ayatollah Montazeri, dismissed successor to Ayatollah Khomeini (2001). UNCH, E/CN.4/1994/50, Final report on the situation of human rights in the Islamic Republic of Iran prepared by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1993/62 of 10 March 1993 and Economic and Social Council decision 1993/273. E/CN.4/1994/50, 2 February 1994.
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 close... Detentions, interrogations, and trials: 1989-1993
Read about the conditions in which individuals were detained, tried and sentenced. Pre-trial detentions
The accused, including political dissidents, were arrested and detained for months without trial, and sometimes without being informed of the charges against them. Detainees were routinely subjected to torture in order to coerce confessions of guilt. A single individual, the judge, was in charge of both the investigation and the interrogation.
Trials
Trials, particularly in the cases of prisoners of opinion, were held in camera. Despite the fact that a 1991 law authorized the presence of a defense attorney, there was no evidence that defendants were permitted access to legal counsel.
Appeal processes
The judgment of the revolutionary court was not subject to appeal. A 1988 law gave defendants tried by penal courts a right to appeal to the Supreme Court in certain circumstances, such as in cases of false testimony or procedural violations. However, if the appeal was accepted, the case was retried by the penal court--not a higher court. Executions were often carried out shortly after the judgment.
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close... Based on the available information, the following human rights have been violated in this case:
The right to liberty and security of the person. The right not to be subjected to arbitrary arrest and detention. Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 9.1.
The right not to be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. UDHR, Article 12, ICCPR, Article 17.1.
The right not to be punished for any crime on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time it was committed. UDHR, Article 11.2; ICCPR, Article 15, Article 6.2.
The right to freedom of thought, conscience, and religion, including the right to change and manifest his or her religion or belief. UDHR, Article 18; ICCPR, Article 18.1, ICCPR, Article 18.2; Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, Article 1 and Article 6.
In its general comment 22 (48) of 20 July 1993, the United Nation’s Human Rights Committee observed that the freedom to "have or to adopt" a religion or belief necessarily entailed the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18, paragraph 2, of the International Covenant on Civil and Political Rights bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to religious beliefs and congregations, to recant their religion or belief or to convert.
The right to freedom of opinion and expression, including the right to hold opinions without interference and to seek, receive and impart information and ideas. UDHR, Article 19; ICCPR, Article 19.1 and ICCPR, Article 19.2.
The right to freedom of peaceful assembly. UDHR, Article 20; ICCPR, Article 21.
The right to freedom of association with others, including the right to form and join trade unions for the protection of his or her interests. UDHR, Article 20; ICCPR, Article 22.1.
The right, as a member of a religious or ethnic minority, to enjoy his or her own culture or to profess and practice his or her own religion. UDHR, Article 18; ICCPR, Article 27.
The right to due process
The right to be presumed innocent until found guilty by a competent and impartial tribunal in accordance with law. ICCPR, Article 14.1 and Article 14.2.
Pre-trial detention rights
The right to know promptly and in detail the nature and cause of the charges against one. UDHR, Article 9(2); ICCPR, Article 9.2 and Article 14.3.a
The right to counsel of one’s own choosing or the right to legal aid. The right to communicate with one’s own attorney in confidence ICCPR, Article 14.3.b and Article 14.3.d; Basic Principles on the Role of Lawyers, Article 1, Article 2 Article 5, Article 6, Article 8.
The right to adequate time and facilities for the preparation of the defense case. ICCPR, Article 14.3.b.
The right not to be compelled to testify against oneself or to confess to guilt. ICCPR, Article 14.3.g.
The right not to be subjected to torture and to cruel, inhuman or degrading treatment. ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
Trial rights
The right to a fair and public trial without undue delay. ICCPR, Article 14.1, Article 14.3.c.
The right to defense through an attorney or legal aid. The right to examine, or have examined, the witnesses against one, and the right to obtain the attendance and examination of witnesses on one’s behalf under the same conditions as prosecution witnesses. ICCPR, Article 14.3.d and Article 14.3.e.
The right to have the decision rendered in public. ICCPR, Article 14.1.
Judgment rights
Capital punishment
The inherent right to life, of which no one shall be arbitrarily deprived. Universal Declaration of Human Rights (UDHR), Article 3; International Covenant on Civil and Political Rights (ICCPR), Article 6.1; Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, Article 1.1, Article 1.2.
The right not to be subjected to cruel, inhuman or degrading punishment. ICCPR, Article 7; Convention Against Torture and Other Cruel Inhuman or Degrading Treatment and Punishment, Article 1 and Article 2.
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