Forty-fifth session
Agenda item 12
REPORT OF THE ECONOMIC AND SOCIAL COUNCIL
(excerpts)
Note by the Secretary-General
The Secretary-General has the honour to transmit
to the members of the General Assembly the interim report prepared by Professor
Reynaldo Galindo Pohl (El Salvador), Special Representative of the Commission on
Human Rights on the situation of human rights in the Islamic Republic of Iran, in
accordance with paragraph 14 of Commission on Human 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)
ANNEX
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
CONTENTS
Paragraphs
I. INTRODUCTION:1
5
II. COMMUNICATIONS BETWEEN THE GOVERNMENT OF
THE ISLAMIC REPUBLIC OF IRAN
AND THE SPECIAL REPRESENTATIVE: 6 26
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE :27 132
IV. REPORT ON THE SECOND VISIT TO THE
ISLAMIC REPUBLIC
OF IRAN :133 263
V. OBSERVATIONS :264
291
Appendices
I. NAMES AND PARTICULARS OF PERSONS
ALLEGEDLY EXECUTED IN THE ISLAMIC REPUBLIC
OF IRAN,
SUPPLEMENTARY TO THE LISTS CONTAINED
IN PREVIOUS REPORTS OF THE SPECIAL
REPRESENTATIVE (this list will be in Omid's database and does not
appear in the present version)
_________________________________________________________________
A/45/697
English
INTRODUCTION
1-At its forty-sixth session, the Commission on
Human Rights decided, by its resolution 1990/79 of 7 March 1990, to extend the mandate
of the Special Representative, as contained in Commission resolution 1984/54 of
14 March 1984, for a further year and requested the Special Representative to submit
an interim report to the General Assembly at its forty-fifth session on the human
rights situation in the Islamic Republic of Iran, including the situation of minority
groups, such as the Baha'is, and a final report to the Commission at its forty-seventh
session. In its decision 1990/243 of 25
May 1990, the Economic and Social Council endorsed that resolution.
2-Previously, the General Assembly had decided,
buy 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
elements 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 and 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 organizations and individuals and
very briefly reports on the second visit to the country. Some of the documents received
are now under study and 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;
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. Observations.
There are eight appendices.
II. Communications between the government
of the Islamic republic of Iran
and the Special Representative
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 courts. According to the information provided, all those sentenced to
year-long imprisonment by the military courts would be released and the term of
those will be more 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 Az-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 Representative by Mr. M. Mottaki,
Deputy Minister for Foreign Affairs, who, in reply to a question raised by the Special
Representative during his first visit to the country, submitted two examples of
judgements in which the High Disciplinary Court had convicted
judges of abuse of authority. The text of the judgement was as follows:
"Judgement 1/67 dated 17/1/1368 in proceedings brought by the
General Inspectorate against Hojjatolislam Shaikh Mohammad Nasiri, President
of the Islamic Revolutionary Court at Yazd.
Shaikh Mohammad was found guilty of violating the rules
of procedure while judging the case of Mr. Mohammad Gholami,
who was on trial for possession of opium, opium extract and related apparatus. He
sentenced the accused to 15 years' imprisonment, and five of which would be suspended
on payment of one million tomans. 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 64/130
dated 3/6/1364 in proceedings
brought by Messrs. Ali Neiri and Vali
Neiri against Mr. Hasan Latifi, former judge at the Islamic Revolutionary Court at Langroud. Following an investigation by the General Inspectorate,
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 Neiri
and the confiscation and sale of the assets of Vali Neiri. The High Court imposed disciplinary sanctions consisting
in two years' imprisonment, exclusion from public office for five years and compensation,
in cash or in kind, for the losses suffered by Vali 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 Ramadan 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 Iran.
" 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.
" On the occasion
of the Iranian New 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 capacity of the Special
Representative but as a scholar and 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 official 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 Mohammad Yazdi, 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, referring to
article 35 of the Constitution of the Islamic Republic of Iran, Ayatollah Yazdi, " 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 of the parties to a lawsuit to select an attorney in all
civil and penal courts was handed to the Special Representative by the Deputy Minister
for Foreign Affairs at Tehran 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
verbale 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/ reflecting 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 verbale
stated, inter alia, the following: "
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 prisons."
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
Republic of Iran in implantation of his recommendations:
"1. The Islamic Republic of Iran
has officially invited ICRC to visit Iran.
The invitation was submitted to the Committee through the note No. 2658 dated 13 August 1990 of this Mission.
This invitation was renewed by 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 Rights Centre to provide 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. Mautner-Markhof.
"3. The Head 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 included in their term of prison.
" 5. Clemency measures
have been pursued and implemented on various 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 there were forwarded to the Islamic republic
of Iran by you. These 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."
Communications concerning allegations received
by the Special Representative and transmitted to the Government
13-Since the forty-sixth session of the Commission
of Human Rights, a great number of reports alleging human rights violations, including
specific incidents and cases, have been brought to the attention of the Special
Representative. In accordance with the understanding reached during his first visit
to the country, the Special Representative transmitted 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 of alleged human rights violations which, in his view, required 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 Governments'
inquiries, as well 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 cases 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 o the Islamic
Republic of Iran to the United Nations Office at Geneva
requested the Centre for Human Rights to provide him with all information available
about allegations of human rights violations in the Islamic Republic of Iran, so
that the necessary investigations could be conducted and responses provided.
17-In response to that request, by a letter date
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. The memorandum included a summary of the case
transmitted by previous letters, as well as further allegations received by the
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 transmitted
to the Permanent Representative of the Islamic 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 a concrete manner the situations
and incidents of which he had been seized. The allegations contained in both memoranda
are reproduced in section II of the present report.
19-By a note verbale
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 Movement for Freedom in reply to its telex dated 22 September 1990, concerning
the televised " confession" of Mr. Behbehani
(see para. 23). Relevant excerpts of the letter are 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:
"Article 52: to enlighten
the populace about the devilish plots of the world colonialists and their internal
agents for 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 fifth 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 Islamic Revolution
and the interest of the people and the country or collaborated with the enemies
of the 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 of those 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 broadcast.
"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 critics and respond to their objections, and
in his own words, " Raise the curtain of other plots'.
In case of the willingness of the members of the Movement for Freedom, this organization
will undertake to hold the round-table."
Communications relating of the second visit of
the Special Representative to the Islamic Republic of Iran
Conversations with representative 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 also expressed his appreciation of 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 branches of the Government in the Islamic
Republic of Iran. He added that the visits had enabled him to maintain meetings,
conversations and contacts with a number of individuals and organizations 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 Nations Office at Geneva told the Special Representative
that he would transmit his request 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 relating to his mandate.
Furthermore, commenting on the request made by the Special Representative concerning
the need to receive detailed replied 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 his Government's full co-operation in helping the Special Representative to implement
his mandate.
2. Written Communications
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 visit before drafting my report to the next session of the General
Assembly and I propose as dates for the visit the week 25 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 serious 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 commitments 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 Tehran on 1 September 1990, as suggested
by the Government, and that he would propose as soon 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 make every effort to arrange for another meeting with him as soon
as feasible before his departure to Tehran.
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 annex to the letter addressed on 24 November 1989 to the Permanent Representative
of the Islamic Republic of Iran to the United Nations.
26By 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 oral reply that the visit could take place during the period
from 8 to 16 October 1990.
III. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE
27-The following paragraphs contain allegations
of human rights violations received by the Special Representative and transmitted
to the Government of the Islamic Republic of Iran by memoranda dated 20 August and
8 October 1990. The memoranda
also reproduce those alleged incidents and cases which the Special Representative
had transmitted by previous letters. Replied received from the Government with 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 Mashad. Agence France Presse 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 Bandar Anzali.
On 31 January Jomhouri Islami
published a declaration of the Komiteh Commander of the
Province of West Azerbaijan,
according to which a ring of persons engaged in prostitution and corruption had
been arrested and five of them had been stoned to death. According to a death by
Ressalat on 15
February 1990, Gholam Reza Massouri was hanged in Arak for pederasty.
29-Jomhouri Islami reported
on 17 February 1990 that Bolouch Islmalel 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 various countries published the
statement of Mitra Moazez (21),
claiming that she had been forced to witness the death by burning of a 37 year old
woman and two 18 year old men in an Iranian prison. According to these reports,
they had been thrown into a furnace by guards, named Jamshid
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 Maleki, 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, a 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 ofa group
of other persons, related to an incident in which a Government opponent, of whom
Mr. Raissi was a close friend and distant relative, was
smuggled out of the Islamic Republic of Iran. The group arrested at the same time
included two of the opponent's nephews as well as his brother, Mohammed Karim Naroui, who was the Head 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 Chah Bahar
or Zahnedan prison, was said to be at imminent risk 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
requested 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 stipulated in the International Covenant on Civil and 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 Tribune on 29 March
1990, Abbas Raissi and Ahmed Janghi Razni were convicted of espionage,
robbery and counter-revolutionary 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. Raissi had been tried on spying charges
for collaborating with Iraq
during the imposed war and had been condemned to death. The death sentence was carried
out after due judicial process and all solemn rites were performed. The Permanent
Representative added that the relevant judicial file would be made available upon
request.
34-By a letter date 7 May 1990, the Special Representative thanked the
Government for its reply and requested the relevant judicial file concerning this
case. He reiterated his interest in examining the files in the meeting with Deputy
Minister for Foreign Affairs Mr. M. Mottaki, held at Tehran
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 Tehran
Revolutionary Court had announced that 10 persons accused
of espionage would be executed in the next few days. Other sources reported directly
to the Special Representative that Mr. Jamsheed Amiry Bigvand, former Director of
the Marodasht Shiraz 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 procedure safeguards provided for in articles
6 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 information 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 allegedly
belonging to the above-mentioned group of 14 as follows: Dr. Bahman Agahy, Legal Advisor of the Iranian Foreign Ministry; Hooshang Amjadi Bigvand; General Ardeshear Ashraf; Manochehr Azar, Attorny; Masoud Deadehvar, Planning Advisor
for the Iranian Oil Company; Navy Captain Kyanoosh Hakeamy; Colonel Bahram Ikany; Heshmatolah Magsoody, Clergyman/Attorney; Captain Gahraman
Malekzadeh 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 Iran:
" According to the
article 37 of the Constitution 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 and 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 and they duly and freely defended themselves during the trial;
" With regard to
the right of the accused to resort to high 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.
Investigation, therefore, was conducted on their
request and verdicts of two of the accused were referred to another court for re-examination."
38-On 19 February Radio Tehran announced that
31 persons had been executed for drug trafficking and organizing position in the
cities of Tehran, Sabzevar, Karaj,
Arak, Kerman, Boushehr, 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 and hashish;
corruption and establishment of prostitution centres, perverting girls and married
women and corrupting the younger generation. According to an article which appeared
on 20 February 1990 in the newspaper,
Ettelaat, 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 persons belonging to this group were given as follows: Mehdis Bolur-Forush, Jamal Cheragh-Disi, Nader Fat'hi, Seid Saleh
Hosseini, Naser Jalali, Ahmad Mohamadi, Ali Ashraf Moradi, Mohsen Othman Pour, Ahmad Parvizi,
Mohammad Rozail, Naser Sobhani, Anvar Shariati, Roya, Bakhtiari.
40-It has futher been
reported that on 14 February 1990
a judicial panel sent to Hamadan
on behalf of the Head of the Judiciary issued the following sentences:
Gholamhossein Golzar, 27 years old, discharged employee of the Agricultural
Bank of Hamadan:
74 lashes for committing robbery; 92 lashes for participation in a forbidden act,
and decapitation by the just sword of Iman Ali;
Gholamhassan Golzar, aged 28, discharged employee of the Hamadan Municipality:
74 lashes for committing robbery; 74 lashes for participation in a forbidden act,
and decapitation by the just sword of Iman Ali;
Reza Khanian, 23 years
old, fruit and vegetable centre clerk: 74 lashes for committing robbery; 50 lashes
for participation in a forbidden act; amputation of hand for committing 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 Rezai, was executed on the
main square of Khorramabad.
42-The newspaper Ettelaat
announced the following executions: Gholam Zanbgian and Rashid Noor-Mohammadi,
in Bakhtaran, on 6 January 1990, for murder; Ahmad Souri, for murder, on 9 January; two persons whose names were
not announced in Mashad on 1 January 1990, for murder;
and the murderer of a 13 year old girl, hanged in Ahwaz.
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 represented the
National Council of Resistance before various United Nations bodies. All those who
knew Mr. Rajavi were deeply moved by that ill-fated occurrence.
Ob behalf of himself and his colleagues, the Special Representative
wishes to express 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
of ideas. Numerous communications were received allging
that the assignation was carried out by agents of the Iranian Government. According
to the Tehran Times of 26 June 1990,
Foreign Ministry spokesman Morteza Sarmadi 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
and plots of enemies of the nation and the Government." In this 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 request 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 Republic 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 Ali
Khamene'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
persons have been executed in the Islamic Republic of Iran for their homosexual
or lesbian tendency. It was asserted that at least five such executions took place
in January 1990.
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 addressed to the President to the Republic,
could result in executions. Particular concern was expressed over a televised " confession"
by Mr. Farhad Behbehani,
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 wishes to
emphasize that such extrajudicial confessions are contrary to internationally recognized
standards of due process.
49-Other individual cases were reported as follows:
Mr. Bizhan Ahmadian: It has been reported that he was shot in a street
in Babol and tha thte authorities refused to return his body to the family. Subsequently,
his parents an dsome other members of his family were
allegedly arrested;
Mr. Mohammad Fadaii:
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;
Mr. Amir Taavoni-Ganji: 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;
Mr. Mohammad Amin Danesh: 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;
Mr. Davoud Mohammadi: 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, were included in annexes to the two memoranda.
They 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 mentioned.
B. Right to freedom from torture or cruel, inhuman
or degrading treatment or punishment; allegations concerning torture, ill-treatment
and prison conditions
51-Reports on torture and the 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 Agence 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 assembled for Friday prayers.
52-By a letter dated 23 May 1990, the Special Representative inquired about
the situation of Dr. Ali Reza Nasiri, reportedly being
detained on unknown charges at a prison situated at 21, Mohsangi/Asadi Street in Mashad and suffering from an acute eye disease, resulting from
diabetes, which urgently required surgery. According to the information received
by the Special Representative, 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. Noureddine Kianouri, former First Secretary of the Tudeh
Party, whom he met at Evin prison during his first visit to the Islamic Republic
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. Meriam
Feirouz, was placed in solitary confinement, despite her
advanced age and poor health.
55-In addition, the Special Representative received
the following allegations.
Jamshid Amiri-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 tortured;
Parvin Amiri-Bigvand, 51 years old, wife of Houshang
Amjadi-Bigvand, was arrested in November 1988 at her residence
in the city of West Kots
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.
Houshang 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 condition of health was reportedly
poor, owing to a bleeding stomach ulcer, Mr. Amjadi had
reportedly not been permitted to receive medication from outside the prison;
Reza Arbabi, 38 years
old, was reportedly arrested in 1983 and kept in Mashad
prison. On 22 June 1984, he
was sentenced to 15 years' imprisonment by the Mashad Court. Later he was transferred
to the Gohardasht prison, allegedly in a serious condition.
Since 1988, his family have no news about him;
Mr. Yagoub Bahramy. It has been reported that he was repeatedly subjected
to beatings in Ghasr prison.
Mr. Asdollah Bayat. It has been reported that he was repeatedly beaten with
cables in Ghasr prison, resulting in mental problems;
Mr. Ardeshir Bonyani. It has been reported that he was arrested in December
1989 for refusing military service. He was reportedly beaten up and his jaw broken;
Mr. Kamran Bonyani. It was reported that he had distributed pictures of
the late Shah and displayed the former Iranian flag in Valiahd
Swuare and Pole-Seyyed Khandan. Reportedly, he had been arrested by the revolutionary
guards at the house of a certain Mr. Misaghieh at Shemiran and taken to the Komiteh
in Jamaran District, where he was allegedly tortured;
as a result, his jaw and teeth were broken;
Mr. Aslan Fadavy. It has been reported that at Evin prison he suffered
severe beatings;
Mr. Masood Farjad, engineer. Security officers allegedly used burning cigarette
butts to inscribe on his back " death to opponents
of Velayate Faghih" (religious guide);
Mr. Navabali Ghaemmaghami. It has been reported that he was subjected to
various forms of sexual abuse and psychological torture in Ghom
prison. He was allegedly forced to watch other prisoners being tortured. Several
times, his clothes were reportedly soiled with the urine and excrement of other
prisoners;
Mrs. Tahere Hadadian-Zanjani, aged 53, reportedly spent more than five years
in prison, partly in solitary confinement. 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;
Ms. Soraya Hagh-Shenas. It has been reported that the Procurator of Tabrix prison allegedly ordered her arrest when she refused
his sexual advanced. In prison she was allegedly flogged and forced to witness other
prisoners being tortured;
Mr. Ahmad Khanzamapour.
It has been reported that he was imprisoned from 1981 to 1986 in Evin, Gohardasht and Ghezel-Hesar prisons.
Despite the fact that he has epilepsy, he was allegedly subjected to different kinds
of torture. In particular, it was reported that he 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 when he had epileptic fits, medical
care was not provided except in the most critical situations.
Mr. Habib Maffi. It has been reported that the prison guards in Tabriz broke his teeth during beatings.
Reportedly, he also suffers from severe mental problems as a result of torture;
Mr. Ebrahim Mazroii. It was alleged that he was unlawfully imprisoned and
tortured. He reportedly filed a complaint with the authorities, but to no avail;
r. Afrasiab Pakzadegan. It has been reported
that, on two occasions at Ghom prison, he was tied to
a chair while dogs were incited to attack him.
John Pattis. A citizen of the United States 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, loss of
hair and that his skin has a green hue;
Mr. Rahim Rahseparian. It has been alleged tha
the was forced to perform various sexual acts in Tabriz prison;
Ahmad Rashed-Marandi,
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 guards have not allowed any meetings with him. Since then
there has been no news of Mr. Rashed-Marandi;
Mr. Mostafa Salehyar. It has been reported that four prison guards sexually
abused him and that he was beaten on his genitals;
Mohammad Reza Sedaghat,
former manager at one 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 his feet;
Ms. Fatema Taati-Asil. It was reported that she was arrested in 1981 on
the accusation of being a Mojahedin sympathizer. While
in prison, she was allegedly subjected to torture, resulting
in serious mental disorder. She was released in 1988, after six years of imprisonment;
Jamshid 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 defence. He was sentenced to an undefined period, from 15 to 17 years' imprisonment.
Later he was transferred to Gohardasht prison, where he
was held until the spring of 1989, where he was transferred back to Evin prison.
Allegedly he has been severely tortured several times during his years of imprisonment;
Ms. Mehrangiz Yeganeh. It has been reported that she was arrested in 1981
and charged with being a Mojahedin sympathizer. She was
imprisoned for two and a half years in Tabriz
prison. IT was asserted that in prison she was subjected to different kinds of torture
and rape. Allegedly s 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 stipulates
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 practise, such courts have consisted of only one judge discharging
his duties in a summary fashion. Allegedly, hearings before such courts have in
many instances been a matter of minutes only.
57-It has also been reported that 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.
58-It has been reported that prisoners may be
held in indefinite pre-trial detention. The principle of presumption of innocence
is allegedly not respected, particularly when the subject is accused of being 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 the 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,
persons to be tried before revolutionary courts are frequently held in solitary
confinement and 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 priority to handing out exemplary punishments than to ensuring
that the accused receive a fair trial.
60-Other reports allegedly disregard of court
sentences by arbitrary extensions of the terms of imprisonment, execution of inmates
sentences to life or imprisonment of various durations or rearrest
of persons who already completed their prison terms.
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 Tehran 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-The Special Representative has been apprised
of the following specific cases of alleged irregularities in the administration
of justice, which were reported as follows:
Ms. Mitra Ameli, aged
36, widow, medical doctor, daughter of Ziaedin and Aghdas. It has been reported that she was arrested on 9 October 1984 and sentenced to seven
years' imprisonment. Her husband. Mr. Anoushirvan Lofti, one of the leaders
of the 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. Ameli's
release, due in 1990 has been made contingent upon her publicly denouncing the activities
of her late husband.
Mr. Roger Cooper, British, aged
55, businessman. It has been reported that he was arrested on 7 December 1985, apparently for overstaying
his visa. 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. He 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 m
