Economic and Social Council

Distr.
GENERAL

E/CN.4/1993/41
28 January 1993

ENGLISH
Original: ENGLISH/SPANISH

 

COMMISSION ON HUMAN RIGHTS

Forty-ninth session

Item 12 of the provisional agenda

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES

Final Report on the situation of human rights in the Islamic Republic of Iran by the Special Representative of the Commission on Human Rights, Mr. Reynaldo Galindo Pohl, pursuant to Commission resolution 1992/67 of 4 March 1992

CONTENTS

 

Paragraphs

INTRODUCTION 1 - 4

I. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE 5 - 18

II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE 19 - 274

A. Right to life 20 - 97

B. Enforced or involuntary disappearances 98 - 101

C. Right to freedom from torture or cruel, inhuman or degrading treatment or punishment 102 - 124

D. Administration of justice 125 - 174

E. Freedom of expression, opinion and the press 175 - 188

F. Political rights 189 - 195

G. Situation of women 196 - 206

H. Right to work 207 - 209

I. Right to education 210 - 213

J. Right of everyone to own property 214 - 217

K. Freedom of religion and the situation of the Baha'i community 218 - 257

L. The events of 5 April 1992 258 - 259

M. The war on drug traffic 260

N. The right to leave one's country and to return 261 - 263

O. The situation of children 264 - 267

P. Situation of refugees 268 - 272

Q. Victims of chemical-weapon attacks 273 - 274

III. CONSIDERATIONS AND OBSERVATIONS 275 - 317

A. General considerations 275 - 280

B. The right to life 281 - 286

C. Torture and other cruel, inhuman or degrading treatment or punishment 287 - 291

D. The guarantees of due process of law 292 - 294

E. The right to security 295

F. Freedom of expression, opinion and the press 296 - 300

G. Right of association 301 - 302

H. Suspension of the activities of the International Committee of the Red Cross (ICRC) 303 - 307

I. Religious freedom and situation of the Baha'is 308 - 311

J. Situation of women 312 - 313

K. Clemency measures 314

L. The problem of the refugees 315 - 317

IV. CONCLUSIONS 318 - 324

V. RECOMMENDATIONS 325 - 329

Annexes

I. List of prisoners presented to the Government of the Islamic Republic of Iran by the Special Representative in a memorandum dated 25 September 1992

II. Letter from Mr. Amir Entezam, former Vice-Prime Minister and spokesman of the First Provisional Government of the Islamic Republic of Iran, to the Special Representative of the Commission

INTRODUCTION

1. At its forty-eighth session, the Commission on Human Rights decided, by its resolution 1992/67 of 4 March 1992, 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-seventh session on the situation of human rights in the Islamic Republic of Iran and a final report to the Commission at its forty-ninth session. In its decision 1992/239 of 20 July 1992, the Economic and Social Council approved that resolution.

2. In compliance with Commission on Human Rights resolution 1992/67 and Economic and Social Council decision 1992/239, the Special Representative submits herewith his final report on the situation of human rights in the Islamic Republic of Iran. It refers to the situation of human rights in the Islamic Republic of Iran during 1992, although it must obviously be read in the light of the reports submitted by the Special Representative since 1986.

3. As in previous years, the present report concentrates on written communications with government officials and on allegations of human rights violations from non-governmental organizations and individuals.

4. The structure of the present report is similar to previous reports, and it is accordingly divided into five sections: Introduction; I. Communications between the Government of the Islamic Republic of Iran and the Special Representative; II. Information received by the Special Representative; III. Considerations and observations; and IV. Conclusions. There are two annexes.

I. COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN AND THE SPECIAL REPRESENTATIVE

5. Since the forty-eighth session of the Commission on Human Rights, the Special Representative transmitted to the Government of the Islamic Republic of Iran several cases of alleged human rights violations which, in his view, required the urgent attention of the Government.

6. On 16 April 1992, the Special Representative addressed the following letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva:

"... According to the information at my disposal Mr. Bahman Samandari, a member of the Baha'i community in Tehran, was arrested on 17 March 1992. His family was reportedly refused authorization to visit him in prison on account of an extended public holiday period in connection with the Iranian New Year. When at the end of the holiday period, his wife renewed her request for a visit on 5 April 1992, she was handed her husband's will dated 18 March 1992, with a vague indication that her husband had been executed and that his execution was related to charges levelled against him during a previous detention in 1987 during which he had been accused of belonging to the Baha'i faith. No death certificate was allegedly given to her, no formal information was provided on the charges or verdict, and her request to receive his body for burial by the family was allegedly also refused.

"In view of the repeated assurances I have received from your Government that all Baha'is are enjoying the same rights as any other citizen in the Islamic Republic of Iran and that no Baha'i is persecuted for his faith, I would be most grateful if the aforementioned reports could be investigated and if I could be provided with full information about this case. I would further be grateful if you could kindly intercede with the competent authorities with a view to giving the members of the family of Mr. Bahman Samandari access to the information they require about the fate of their relative as well as to his remains."

7. On 10 June 1992, the Special Representative addressed the following letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva:

"... I should like to bring to your attention that I have received reports about the recent arrest of hundreds of persons following political demonstrations and riots in Mashhad, Arak, Chahar-Mahal, Hamedan, Khorramabad, Shiraz, Shushtar and Tehran.

"According to the information received, the disturbances began in Shiraz in mid-April 1992 and were reportedly followed by demonstrations in Arak at the end of May. During the most recent incidents in Mashhad, on 30 May 1992, members of the Guards Corps, of the Pasdaran and other security forces have allegedly responded by using excessive force and opening fire indiscriminately on demonstrators. The Judiciary has reportedly sent to the affected cities a number of judges of the Islamic Revolutionary Court of Tehran and the Head of Judiciary, Ayatollah Mohammad Yazdi, was quoted as saying that '... swift and decisive justice would be meted out to rioters'. According to the information at my disposal, the daily newspaper Ettela'at has reported on 1 June 1992 that death penalties would be imposed on the instigators of the events and armed troublemakers.

"I should appreciate if you could inform me, in the context of our cooperation, about the reported incidents, the conduct of the security forces, the charges brought against those arrested, their places of detention, and all relevant details of their trials as well as on any execution which might be carried out. In this connection, I should like to recall the recommendations I have formulated in my report to the Commission on Human Rights at its forty-seventh session (E/CN.4/1991/35, para. 494), and the comments I made thereon in my last report to the Commission (E/CN.4/1992/34, paras. 404-471), in particular regarding the application of the death penalty, the rules of due process of law and legislative and administrative reforms to the administration of justice.

"I should also be grateful if you could convey my appeal to your Government to ensure that those in detention can fully benefit from all the internationally recognized procedural safeguards, particularly those provided for in the International Covenant on Civil and Political Rights, such as the rules of due process of law, including the notification of charges immediately after arrest, public trials, regular access to defence lawyers of their own choosing and the right of appeal, as well as the prevention of ill-treatment and torture during the investigation of offences and during imprisonment."

8. On 24 July 1992, the Special Representative addressed the following letter to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva:

"... I have the honour to refer to Commission on Human Rights resolution 1992/67 by which my mandate as Special Representative, as contained in Commission resolution 1984/54, was extended for a further year. As you know, on 20 July 1992 the Economic and Social Council approved Commission resolution 1992/67, of which I attach a copy for ease of reference.

"In accepting to serve as Special Representative of the Commission for a further year I would like to emphasize that I intend to continue carrying out my mandate in the most impartial and objective manner possible. With this aim in mind it would be most important for me to further pursue the direct contacts which I was able to establish during the past two years with those authorities of your country who are primarily concerned with matters pertaining to the promotion and protection of human rights and to gather all the information required for the reports I have been mandated to prepare. I, therefore, should once again like to visit the Islamic Republic of Iran for a maximum duration of 10 working days on any dates convenient to your Government during the period 10 October-10 November 1992.

"I would be most grateful if you could forward my request to your Government and communicate to me, through the Centre for Human Rights, your Government's response as soon as possible so as to allow for the necessary planning of work for my reporting obligations to the General Assembly and the Commission on Human Rights."

9. During a trip to Geneva from 4 to 9 September 1992 to begin drafting his interim report to the General Assembly, the Special Representative addressed, on 7 September 1992, the following telefax to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva:

"... As you were informed in due time by phone, I have been in Geneva since Friday, 4 September and I will stay here until Wednesday, 9 September 1992.

"I am at your disposal in case you wish to discuss with me any subject concerning my next report to the General Assembly or the proposed visit to your country in the near future, as stated in my letter dated 24 July 1992."

10. On 7 September 1992, the Special Representative addressed the following telefax to the Minister for Foreign Affairs of the Islamic Republic of Iran:

"I have the honour of writing to you to bring to your attention that I have received information about the case of two Iranian Baha'is who might be facing imminent execution in the Islamic Republic of Iran.

"The case as reported to me is as follows: Messrs. Bihnam Mithaqi and Kayvan Khalajabadi, two Iranian Baha'is who were arrested three years ago and are being held in Gohardasht Prison in Karaj, have recently been called to the prison authorities where they were orally informed that an Islamic Revolutionary Court has issued a verdict condemning them to death due to their Baha'i faith.

"It was reported that the trials which resulted in the death sentences for the above-mentioned persons took place without the assistance of defence lawyers. Two Muslim lawyers were reportedly engaged by the defendants but, having taken some initial steps, they found themselves unable to continue and resigned.

"During my third visit to the Islamic Republic of Iran, I was able to meet those persons in Evin prison in Tehran.

"In the context of the cooperation which your Government accords to my mandate, I would be most grateful if you could urgently intercede to ensure that these persons can benefit from all the procedural safeguards stipulated in the International Covenant on Civil and Political Rights, particularly in its articles 6, 14 and 15, and from the safeguards 4 to 8 guaranteeing protection of the rights of those facing the death penalty, contained in Economic and Social Council resolution 1984/50 of 25 May 1984. I should also appreciate if your Government could inform me of the current situation of those persons, of the precise charges brought against them and of all relevant details of their trials and sentences.

"Should Messrs. Mithaqi and Khalajabadi have been in fact sentenced to death, and in the event that all legal remedies have been fully exhausted, may I appeal to your Government to consider granting clemency to the above-mentioned persons."

11. On 25 September 1992, the Special Representative, following past practice, transmitted to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva a memorandum containing the allegations of human rights violations which he had received since the last renewal of his mandate.

12. On 24 November 1992, the Permanent Representative of the Islamic Republic of Iran to the United Nations replied as follows:

"With reference to your letter of 25 September 1992, in which a number of allegations were brought to the attention of the Government of the Islamic Republic of Iran, I have the honour to state the following:

"You will concur that preparation of replies and comments to issues raised in the memorandum annexed to your letter of 25 September 1992 requires correspondence with various branches of and departments in the Government and thus will require more than four weeks. Nevertheless, in continuation of our cooperation, I am enclosing a compilation of replies to your questions and comments to your statements. Responses to the remaining questions will be presented in a more appropriate time.

"It would be appreciated if these replies and comments are reflected in your introductory statement before the Third Committee and be incorporated in your final report to the forty-ninth session of the Commission on Human Rights".

13. On 23 December 1992, the Special Representative transmitted to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva, the following letter:

"Attached to the present letter I am sending to you a memorandum containing the main allegations of human rights violations received since September 1992, which have been brought to my attention by various sources.

"I should appreciate receiving circumstantiated replies from your Government, as well as any comments or observations your Government might wish to make thereon, if possible before 15 January 1993.

"On the other hand I would like to recall my request communicated to you by letter dated 24 July 1992 for a further visit to your country. In this connection I should also like to refer to resolution 47/146 adopted by the General Assembly on the report of the Third Committee".

14. On 5 January 1993, the Special Representative transmitted to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva a letter informing him of his intended visit to Geneva from 18 to 22 January 1993 in connection with the preparation of the report he is to submit to the next session of the Commission on Human Rights, and his willingness to discuss any matter relating to his mandate.

15. On 20 January 1993, the Special Representative had an interview with Ambassador Sirous Nasseri, Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva. Ambassador Nasseri stated that the Special Representative's latest report to the Commission on Human Rights (E/CN.4/1992/34) had not contributed to the efforts of his Government to improve the situation of human rights in his country. He said that his Government had noted a change of tone and position on the part of the Special Representative in that report as compared with the reports he had submitted in previous years. He added that the Special Representative's continued insistence on alleged excessive imposition of the death penalty could be explained by his failure to take into consideration the fact that the death penalty existed in many other countries, including those which criticized the human rights situation in the Islamic Republic of Iran, or the serious situation confronting the country as a result of the traffic in drugs originating from neighbouring countries and destined for Western Europe. He further stated that the Special Representative's opinions about the lack of assistance by a defence counsel in criminal proceedings may have originated from the fact that implementation of the new law on the obligatory nature of legal assistance had begun only recently during his latest visit to the country. He said the Iranian press took the view that the subject of human rights was being used as yet another political instrument by the Powers that wanted to put the Islamic Republic of Iran under pressure.

16. The Special Representative denied that his reports had in any way been influenced by considerations of a political nature. He pointed out that in previous years he had identified what he considered to be the main problems confronting the Islamic Republic of Iran in the area of human rights: shortcomings in the administration of justice; non-observance of the rules of due legal process in judicial proceedings which ended with death sentences; failure to respect the rights of detainees to be informed of the reasons for their detention, to have the continuous assistance of a defence counsel, to call witnesses and present evidence in their favour, and to exercise remedies and lodge appeals; excessive use of the death penalty; excessive number of political prisoners; cases of cruel punishment and treatment; failure to respect the rights of Iranian citizens belonging to minorities; and problems in the enjoyment of the freedoms of association, movement, expression, the press, etc. In his most recent reports he had tried to determine whether there had been progress in those areas; despite repeated promises from officials, he had seen no evidence of such progress. Recent events, such as the expulsion from the country of delegates of the International Committee of the Red Cross (ICRC), confirmed his conclusion that there had been no major progress in consideration of his recommendations.

17. The Permanent Representative announced that on 28 January 1993 the Special Representative would receive a detailed reply to the allegations he had transmitted in memoranda dated 25 September and 23 December 1992. He added that it would be necessary to discuss what the Special Representative meant by, inter alia, excessive imposition of the death penalty or political prisoners. He expressed the view that great progress had been made in some aspects of the human rights situation in his country; in others, some progress had been made. The important point was, he added, that progress was being made in a specific direction, but the Special Representative should not expect changes overnight since the process under way should be measured in years. With regard to the suspension of ICRC activities in his country, he stated that that was due to the fact that the ICRC delegates had not complied with the rules by which they were bound, particularly with regard to the observance of strict confidentiality. His Government wished to re-establish contact with the Special Representative, with the aim of jointly identifying aspects of the human rights situation in his country which could be further improved. Among those aspects, he mentioned the care and protection of victims of acts of terrorism, a point which the Special Representative should not fail to address in his next report. He hoped that the members of the Commission on Human Rights would consider the report of the Special Representative in an open, objective and constructive spirit, since the aim was to improve the human rights situation in his country and not to issue a kind of verdict which could be used by the Powers that were trying to exert pressure on the Islamic Republic of Iran.

18. The Special Representative concluded by saying that he did not expect the Islamic Republic of Iran suddenly to become a model country with regard to human rights; what he did expect was that substantial improvements should take place in specific areas that would enable the country to meet the minimum human rights standards established by the various international conventions, declarations and resolutions, for the good of the country and of Iranian citizens.

II. INFORMATION RECEIVED BY THE SPECIAL REPRESENTATIVE

19. 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 25 September and 23 December 1992. Replies received from the Government with regard to the alleged incidents and cases have also been reflected in this section.

A. Right to life

20. During 1992 the number of executions in the Islamic Republic of Iran continued to be particularly high. Although the Iranian press has apparently ceased to publish all the cases of executions, at least 224 executions were reported only during the period from 1 January to 31 July 1992.

21. Most of the reported executions were said to have been related to drug offences, and were mainly carried out by hanging. The criminal charges resulting in the executions were reportedly as follows: 69 for drug trafficking; 66 for political reasons; 7 for a combination of armed robbery, committing acts of brigandage and "propagation of corruption on earth"; 6 for a combination of creating terror, destroying public security by use of arms, destroying public property and setting fire to government buildings; 3 for a combination of murder, drug trafficking, armed robbery and illegal entry into Iran; 1 for religious reasons; 1 for a combination of creating terror and burning books, including the Holy Qur'an; and 1 for a combination of stabbing, terrorizing and attacking people and smuggling narcotic drugs. For a further 70 executions, no reasons were reported.

22. By a letter dated 24 November 1992, the Permanent Representative of the Islamic Republic of Iran to the United Nations forwarded to the Special Representative the following response:

"First of all, no person is sentenced to execution due to political activity. Secondly, the sentences of all convicts are precisely indicated in the court's verdict".

23. Specific cases of the application of the death penalty since 1 January 1992 have been reported as follows.

24. During the first week of January 1992, three persons were reportedly executed in Ilam prison, allegedly for political reasons. Their names were given as follows: Mr. Yadollah Khosravi, Mr. Jabbar Rajabi and Mr. Sirous Pour-Norouz.

25. By the same letter dated 24 November 1992, the Permanent Representative stated that: "According to investigations conducted, no political prisoner has been executed in the Province of Ilam. Yadollah Khosravi, Jabbar Rajabi and Sirous Pour-Norouz have no previous political convictions. Only in the case of one person, Jabbar Rajabpour, who is serving under disciplinary force and has been confined to three months in prison due to his insubordination and his confrontation with people while on official duty, do the latter specifications nearly correspond to those of the aforementioned".

26. It was further reported that another 15 persons were executed during the first week of January 1992 in Gohardasht prison, Tehran Province, allegedly for political reasons.

27. The letter of the Permanent Representative of the Islamic Republic of Iran to the United Nations of 24 November 1992, stated, with regard to the preceding paragraph, that no prisoners have been executed in Gohardasht during 1992 on political grounds.

28. According to a dispatch from Agence France Presse of 7 January 1992, on 5 January 1992 seven persons were hanged at Maragheh, East Azerbaijan, after being found guilty of propagation of corruption on earth, committing acts of brigandage and armed robbery.

29. In its response dated 24 November 1992, the Government replied as follows:

"In 1992, on two separate occasions, people were sentenced to execution. In the first case, an armed robber while committing the crime, shot and killed a mother and her young child; therefore, in accordance with the divine Islamic code of Ghessass, he was sentenced to capital punishment. In the other case, due to banditry, armed robbery, and the murder of a truck driver, the convicted murderer was sentenced to capital punishment. It must be noted that the issuance of the Ghessass verdict, without proof that the murder was intentional, that the murderer, while committing murder, was mature and of sane mind, and that the murder took place under natural conditions, is impossible".

30. In addition to the executions mentioned above, the names of other persons reportedly executed during the month of January were given as follows: Mr. Hamid Salehpour, 25 years old, executed at Ahwaz; Mr. Kioumarz Nadjafi, 24 years old, executed at Masdjed Soleiman; Mr. Hassan Asgari, executed at Kermanshah; Mr. Djahangir Chams Sarraf, Mr. Rahim Derikvand, Mr. Sadeq Biralvand, Mr. Soleimani and Mrs. Effat Ghanizadeh, executed in Qazvin, Kermanshah, Gohardasht and Evin prison.

31. The Government, in its reply dated 24 November 1992, stated the following:

"Hamid Salehpour is currently in Ahwaz prison. He is an Iraqi spy who was arrested about two years ago in a border village while in possession of a substantial number of confidential documents. He has been convicted and sentenced to 15 years' imprisonment. Regarding Keyoumars Najaf-Abadi, there have been no records found. Hassan Asgari-Moghadam, as a member of a known terrorist group, intended to plant a bomb in the city of Kermanshah and was arrested before the explosion. He has been sentenced to 10 years' imprisonment. Jahangir Shams Saraj-Zadeh is an armed robber who is currently serving a 10-year sentence in the city of Ghazvin. Regarding Rahim Derikvand, Sadeq Biralvand, et al., due to the incomplete information on the names no records were obtained. Mrs. Effat Ghanizadeh has been released from prison. Therefore, none of these people have been executed, and each of the persons in question is living his or her own life".

32. According to a dispatch from Agence France Presse of 20 February 1992, on 19 February 1992 six persons were hanged at Bouroudjerd, Lorestan Province, after being found guilty of collaborating with the members of an "international gang of drug traffickers".

33. The Special Representative has received reports of the execution, on 18 March 1992, of Mr. Bahman Samandari, a member of the Baha'i community in Tehran, who was arrested on 17 March 1992. His family was reportedly refused authorization to visit him in prison on account of an extended public holiday period in connection with the Iranian New Year. When at the end of the holiday period, on 5 April 1992, his wife renewed her request for a visit, she was handed her husband's will dated 18 March with a vague indication that her husband had been executed and that his execution was related to charges levelled against him during a previous detention in 1987, when he had been accused of belonging to the Baha'i faith. No death certificate was allegedly given to her, no formal information was provided on the charges or verdict, and her request to receive his body for burial by the family was also refused.

34. Mr. Bahman Samandari and four other Baha'is were previously arrested on 21 October 1987 and charged because of their membership in the Baha'i community. They were released on 18 December 1987, after the title to Bahman Samandari's home had been turned over to the authorities together with money for payment of bail, following which he had to report at regular intervals to the headquarters of the Revolutionary Guards. The Special Representative must point out that there were no legal court proceedings prior to the arrest and execution of Mr. Samandari.

35. By the letter dated 24 November 1992, the Government of the Islamic Republic of Iran referred to the above-mentioned case as follows:

"Mr. Bahman Samandari has been a spy, and in numerous cases has involved individuals in his intelligence gathering activities. He has a corrupt personality and has frequently committed adultery with married women. He was once arrested on charges of spying several years ago but because of his repentance for previous conduct and the lightness of his charges, was released from the prison after a while. Although he is Baha'i by birth, his indictment had nothing to do with his belief, and the verdict issued has taken its legal procedure and approved by High Court".

36. On 27 April 1992, one person was hanged in Dizelabad prison at Kermanshah on charges of drug trafficking. Another 20 persons were also hanged, allegedly for political reasons. Their property and money were confiscated by the authorities. One of those executed allegedly for political reasons was Mr. Mohammad Darabi.

37. The reply dated 24 November 1992, declared that:

"During the first 3 months of 1992 only one person was executed in the city of Kermanshah on charges of carrying more than 200 kilograms of heroin and opium. He was a professional distributor of narcotic drugs in Kermanshah and has corrupted many innocent youngsters. There has been no case of political execution in Kermanshah, and Mr. Mohammadreza Darai is presently in prison after confessing that he was given the mission by the Mojahedin organization of planting bombs in various locations in Kermanshah city".

38. During the second half of April 1992, 45 people were allegedly executed in Tehran. Their bodies were taken to the Mesgarabad Cemetery in south Tehran. The names of five of those executed were given as follows: Mr. Lohaj Ali Ahmadi, Mr. Hamid Naderi, Mr. Mohammad Salami, Mr. Sarmadi and Mr. Beshar Shabibi, who was handed over to the Iranian authorities by an Iraqi opposition group, the so-called Patriotic Union of Kurdistan (PUK). No reasons were officially given for their execution.

39. In addition to the executions mentioned above, it was reported that 28 other persons were executed during the month of April at Beresht-e-Zahra, allegedly for political reasons.

40. In its reply of 24 November 1992, the Government of the Islamic Republic of Iran stated that:

"In the month of April, there were no political executions in Tehran. The alleged names listed were not recognized by any respective organs in the Islamic Republic of Iran. The Mojahedin organization, which supported Saddam Hussein in suppressing the Iraqi people's uprisings, has claimed that its forces were captured by Kurdish Iraqi Groups (Patriotic Unity of Iraqi Kurdistan) during the skirmishes, and the latter submitted them to Iran. However, it must be mentioned that tens of members of the aforementioned organization, who were savagely active in murdering and looting of the Kurdish population of Iraq, were killed while engaging anti-Saddam forces; thus, the people listed probably belong in this category".

41. On 26 May 1992, the Iranian newspaper Jomhuri Islami reported that 15 persons were hanged in Tehran on 25 May 1992, after being found guilty of propagation of corruption on earth and distribution of narcotics.

42. According to a dispatch from Reuters of 10 June 1992, Tehran Radio announced on 11 June 1992 the execution of four people in the holy city of Mashhad, Khorasan Province. Their names were given as follows: Mr. Javad Ganjkhanlou, Mr. Golamhossein Pourshirzad, Mr. Ali Sadeqi and Mr. Hamid Javid. They were all arrested at Mashhad on 30 May 1992 in connection with the riots in that city. They were convicted of various charges including creating terror, destroying public security by use of arms, destroying public property and setting fire to government buildings. Mr. Ali Sadeqi was also charged with burning books, including the Holy Qur'an, because he was reportedly a leader of the attack on an Islamic Publicity Organization building in which a library containing copies of the Qur'an were burned. Five other persons were sentenced to death by the Islamic Revolutionary Court of Mashhad in connection with the riots in that city.

43. With respect to these allegations, the Government, by letter of 24 November 1992, reported the following:

"Djavad Ganjkhanlu, Gholamhossein Pourshirzad, Ali Sadeghi and Hamid Javid, hooligans who had several convictions and imprisonments for theft, battery, and other misconducts, were arrested during a riot by a group of hoodlums in Mashhad. Since these four persons confessed to the murder of two innocent residents of Mashhad, and to looting and assault of several small businessmen who were defending their rights, they were sentenced to execution upon the request of the public prosecutor. In the course of the court proceedings, which lasted about one month, the juridical authorities of Khorasan Province decided upon the sentences of execution. But because of public demand for their immediate punishment, a Special Delegation was dispatched to Khorasan Province by the Supreme Judicial Council to supervise court proceedings; consequently the verdict for their execution was confirmed by the High Authorities and carried out accordingly".

44. On 11 June 1992, the official Islamic Republic News Agency announced that four people had been hanged and five others had been sentenced to death by the Islamic Revolutionary Court of Shiraz for their part in the May riots in that city. One of those who was executed was named Masoud Gholami. According to a dispatch from Reuters of 11 June 1992, Mohammad Karami, prosecutor of the Islamic Revolutionary Court of Shiraz, stated that Masoud Gholami had a criminal record including charges of stabbing and smuggling narcotic drugs, and that he had terrorized and attacked the public on the day of the riot.

45. On 28 June 1992, the Iranian newspaper Kayhan reported that seven people were hanged at Shiraz, Fars Province, after being found guilty of possession and distribution of 500 kilograms of heroin.

46. On 15 July 1992, the Iranian newspaper Kayhan reported that 13 people, including 4 Afghans, were hanged at Birjand. Ten of them were executed on charges of buying and selling drugs. The three others, all of Afghan nationality, were found guilty of illegal entry into Iran, armed robbery, drug trafficking and the murder of an Iranian soldier.

47. On 27 July 1992, 15 people were executed at Hamadan on drug trafficking charges. Among those executed were Mr. Jafar Mo'ezzani, Mr. Rastegar and Mr. Hassan Baqalian.

48. On 28 July 1992, the Iranian newspaper Jomhuri Islami reported that 15 members of a drug trafficking ring which allegedly produced and distributed 2 tons of heroin were hanged in Tehran.

49. On 30 July 1992, 16 persons were hanged at Hamadan at the prison of the city. No reasons were given for their execution. It has been reported that these persons were executed following summary trials which failed to meet minimum internationally recognized standards. Trial hearings before Islamic Revolutionary Courts were held in camera, inside prisons, with defendants having no access to legal counsel and no right of appeal.

50. It has been reported that Mr. Yahya Kafshdar, a young man arrested on charges of alcohol trafficking, died as a result of torture while in detention in the compound of the "Organization for the Defence of the Good Custom" of Ardebil. His corpse was handed over to his father, who was allegedly forced to sign a document stating that his son had died as a result of intoxication.

51. It was reported that in many cases prison authorities do not hand over the corpses of those executed to their relatives. Such was the case of Mr. Morteza Yazdi, born in 1965, son of Seyfollah, who was executed in Evin prison in 1989 in spite of the fact that he was serving an eight-year prison sentence. The authorities allegedly only sent to his parents a communication asking them to deposit 510 rials in a current account and informing them of the number of his tomb.

52. With respect to the allegations raised under the right to life, the Government of the Islamic Republic of Iran, by letter of 24 November 1992, stated the following:

"... It is necessary to take note of the fact that the problem of narcotic drug trafficking in the Islamic Republic of Iran constitutes the main crime for which the majority of capital punishment verdicts are issued. It is of a vital importance to reiterate that, the verdicts issued by respective courts were not implemented, unless after due process of law, initiation of appealing process upon the request of accused, exercise of the right to petition and requesting for pardon by the convicted person after the endorsement of verdict by a judicial authority of the Supreme Court.

"In this regard I draw the attention of the Special Representative to the following observation: The issue of drug trafficking, which is a most devastating menace, has created serious social and economic problems for my country. To safeguard the lives of our people, we have organized a comprehensive campaign against illicit drug trafficking, for which we are spending a significant portion of our national funds.

"As a result of this campaign many drug trafficking connections have been destroyed and the criminals have been tried. If one takes into consideration the seriousness of the situation, one would naturally conclude that any compromise with these smugglers would endanger not only Iran, but also any other country to which such drugs are directed. Consequently, to prevent these serious crimes, drug traffickers must be held responsible for their actions to the full extent of the law. As such, the prosecution of drug traffickers should not be considered a violation of individual rights, but rather as a guarantee of the fundamental rights of all people against the dangers of international trafficking bands".

53. The following other cases or incidents concerning the right to life have been reported.

54. On 30 May 1992, during incidents and demonstrations at Mashhad, Khorasan Province, members of the Islamic Revolutionary Guards Corps of the Pasdaran and other security forces responded with excessive force and opened fire indiscriminately on demonstrators. During demonstrations and riots at Bokan, 8 people were reportedly killed and 20 others wounded by the security forces.

55. By the same letter dated 24 November 1992, the Government stated the following:

"A number of members of the outlawed Kurdish Democratic Party, by infiltrating the country, intended to create rebellion in the city of Boukan. Although they numbered fewer than 20, they were confronted by the common people and disciplinary forces, 2 of whom were killed and 6 wounded. During this attack, four Kurdish Democratic Party members were also killed and two were arrested. Because of the mountainous terrain, the others managed to escape. Shortly after, an enormous group of local people showed their disgust towards the said party through various, widespread demonstrations. This outlawed party's goal is the disintegration of the country and the establishment of an independent Kurdish government in the Western part of Iran. Towards the end, they attempted to create panic and intimidation among the people, by forcing them into submission, by taking them as hostages, and by looting their possessions and money. Their domicile is in North of Iraq, and they had a close relation with the Iraqi regime up until two years ago".

56. It was reported that Mr. Hatan Djahanguiri Zadeh, 26 years old, has been sentenced to death by the Islamic Revolutionary Court of Tabriz on charges of being a sympathizer of the so-called Democrat Party. He has emphatically denied supporting any political movement. His trial was allegedly held in camera and he reportedly had no access to legal counsel.

57. By the letter dated 24 November 1992, the Government stated that "According to the investigations conducted, no previous records have been cited regarding Hatan Jahangiri-Zadeh. During 1992, no political prisoners in Tabriz have been sentenced to execution".

58. In early August 1992, Mr. Fereidoun Farokhzad-Araghi, an Iranian poet, movie actor and showman, was stabbed to death in his home at Bonn, Germany, allegedly by Iranian government agents. After the 1979 Islamic revolution, he was imprisoned and then released and finally escaped from the country. Some four years ago, he began producing a one-hour weekly radio programme for the radio station "Voice of the Flag of Freedom Organization of Iran". He had reported to this organization that Dr. Javad Ghodssi had warned him about his anti-regime activities. Mr. Ali Gholami, allegedly an agent of the secret police, and Mr. Morteza Rahmani-Movahhed had reportedly also threatened to kill him if he would not collaborate with the regime. Mr. Farokhzad-Araghi took part in a film, Vienna my Love, which was considered anti-Islamic by some Iranian authorities.

59. On 11 November 1992, the Special Representative addressed a letter to the Permanent Representative of Germany to the United Nations Office at Geneva requesting his Government to provide any information it might be able to on the investigation into the above-mentioned crime.

60. On 5 January 1993, the Permanent Representative of Germany to the United Nations Office at Geneva addressed a letter to the Special Representative stating the following: "In the case of Mr. Fereidoun Farokhazad-Araghi, investigations have not furnished any proof of participation of Iranian officials in the assassination".

61. The Government of the Islamic Republic of Iran in its reply of 24 November 1992, stated the following:

"According to the German police investigations, the murderer of Feridoun Farokhzad was a homosexual and his motivation was sex-related, not a political matter. Although the above information has not been proved and the investigations continue, the Embassy of the Islamic Republic of Iran in Bonn has announced its readiness to collaborate with judicial and police authorities. At the same time, it has demanded urgent measures to identify Farokhzad's murderer or murderers. The person who killed Farokhzad is most assuredly an opponent of the Iranian regime. Mr. Farokhzad condemned the Mojahedin's collaboration with Saddam in a meeting held in Canada, and a number of Iranians who gathered there had joined him in deeming them Saddam's mercenaries and spies".

62. With regard to the assassination of Mr. Kazem Rajavi at Coppet, Switzerland, on 24 April 1990, it was reported that requests addressed by the Investigating Magistrate of the Canton of Vaud to the Iranian police through the intermediary of Interpol of Tehran have so far met with only partial responses. According to the newspaper Le Courrier of 22-23 February 1992, investigations have confirmed the involvement of 13 persons, among them Mr. Yadollah Samadi, an Iranian citizen aged 33, and Mr. Mohammad Said Rezvani, also an Iranian citizen, aged 34.

63. The Permanent Representative of the Islamic Republic of Iran to the United Nations in his letter of 24 November 1992, referred to the Rajavi case as follows:

"Regarding Kazem Rajavi's terror, the Embassy of the Islamic Republic of Iran in Bern has requested the Swiss judicial authorities to provide further information regarding the suspects, and to create proper channels for the desired cooperation. The request was also raised and followed up during several meetings of the Minister of Foreign Affairs and his Deputy with Swiss authorities. Swiss Ministry of Foreign Affairs officials promised to render their cooperation in this regard, but up to this moment they have not offered any assistance".

64. With respect to the assassinations of Mr. Shahpour Bakhtiar, the last Prime Minister before the Islamic Revolution, and Mr. Katibeh Fallouch, his secretary, it was reported that Mr. Zeyal Sarhadi, an Iranian citizen aged 25, was extradited to France by the Swiss authorities on 26 May 1992. Mr. Sarhadi is accused of participating in the preparation of the crime and of aiding the killers to escape to Switzerland. Other persons charged with complicity in the crime were Mr. Massoud Hendi, former chief of the Iranian Radio and Television in Paris, charged on 21 September 1991; Mrs. Fereshteh Djahanbari, allegedly linked to the Iranian Intelligence Services, charged on 28 September 1991, and Mr. Ali Rad Vakili, imprisoned in France on 27 August 1991. According to French press reports, Mr. Massoud Hendi has implicated the Iranian Interior Ministry in the plot to kill these persons. Mr. Hendi is said to have helped the three alleged assassins by providing two of them with false visas to enter France and false Turkish passports to facilitate their escape.

65. It was further reported that the Investigating Magistrate, Mr. Jean-Louis Bruguière, issued a warrant for the arrest of Mr. Mohammad Azadi and Mr. Farydoum Boyer-Ahmadi, suspected of direct involvement in the assassinations, and Mr. Hossein Sheikhattar, adviser at the Iranian Ministry of Telecommunications, for complicity in the crime. Another person allegedly involved, Mr. Amirola Teimoori, Iran Air chief of airport security at Orly Airport, was reportedly released from custody on 1 November 1991.

66. The Government of the Islamic Republic of Iran referred to the Bakhtiar case in its reply of 24 November 1992, as follows:

"In regard to Shapur Bakhtiar's terror, the investigation still continues. The Government of Iran has on several occasions cooperated with French police and judicial authorities. Neither the propounded claims by the French mass media nor the reports circulated by the opposite parties in order to disturb the bilateral relations between France and Iran have been endorsed by the police or judicial authorities".

67. Subsequent to his interim report to the General Assembly, the Special Representative transmitted to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva, by letter dated 23 December 1992, the following allegations concerning the right to life.

68. On 24 April 1992, Mr. Abbas Narou'i was hanged in public in Sirjan, Kerman Province. No reasons were given for his execution.

69. On 23 June 1992, Mr. Mostafa Ortegli was hanged in Qom, Central Province. No reasons were given for his execution.

70. It has been reported that two members of the Kurdish opposition group Komala, Rahman and Towfiq Aliasi, were executed in June and August 1992, respectively, in Sanandaj Prison. In both cases the prison authorities merely handed over their clothes to their relatives and informed them that they had been executed. The televised confessions of Towfiq Aliasi, reportedly obtained as a result of ill-treatment or torture, were broadcast on local television in Sanandaj in August 1992.

71. On 9 September 1992, the Iranian newspaper Salam reported that Mr. Faramarz Souri was executed in public in Kermanshah, Kermanshah Province, after receiving 99 lashes. No reasons were given for his execution.

72. On 8 September 1992, two persons were hanged in public in Baneh for political reasons. Their names were given as follows: Mr. Saleh Amin Pour, aged 35, and Mr. Hassan Saidi, aged 26.

73. On 8 September 1992, a member of the Iranian Air Force, Colonel Sadeghe Rabani, was shot in Isfahan, reportedly for political reasons.

74. On 9 September 1992, a young man named Babak was hanged in public in Tehran, after being found guilty of the murder of Mr. Rashide Aghai, a member of the Bassij resistance forces.

75. According to a dispatch from Agence France Presse of 10 October 1992, 19 persons were hanged in Tehran on 26 September 1992, on charges of buying and selling drugs.

76. On 27 September 1992, nine persons were executed in Kermanshah, Kermanshah Province, after being sentenced to death by the Islamic Revolutionary Court of Kermanshah for distributing drugs.

77. On 29 September 1992, nine persons were executed in Tehran. No reasons were given for their execution.

78. According to the Iranian newspaper Kayhan of 28 September 1992, two unnamed persons were executed in Tehran during September 1992. No reasons were given for their execution.

79. On 18 October 1992, two unnamed persons were hanged in public in Hamadan, Hamadan Province. No reasons were announced for their execution.

80. According to a dispatch from Agence France Presse of 19 October 1992, 17 people were hanged in Tehran and 3 others in Kermanshah, on 18 October 1992, after being found guilty of possession and distribution of narcotics.

81. On 21 October 1992, the Iranian newspaper Ressalat reported that a medical student named Hamid, aged 25, was executed in Tehran. No reasons were given for his execution.

82. On 22 October 1992, Ressalat reported that Mr. Abdolbaqi Imambai was executed in Tehran. No reasons were announced for his execution.

83. On 26 October 1992, Kayhan reported that Mr. Alireza Narou'i was executed in Shiraz, Fars Province. No reasons were announced for his execution.

84. On 1 November 1992, a woman named Fatima Bani was stoned to death in Isfahan, and Mr. Javad Rahimzadeh was hanged in public in Mashhad, Khorasan Province. No reasons were given for their execution.

85. On 4 November 1992, Ressalat reported that Mr. Ardeshir Kyanpour was hanged in Mehdishahr, Semnan Province. No reasons were announced for his execution.

86. On 8 November 1992, Kayhan reported that Mr. Mohammad Hassan Rezaii was executed in Tehran. No reasons were given for his execution.

87. It has been reported that these persons were executed following summary and unfair trials which failed to meet minimum internationally recognized standards. Trial hearings were held in camera, inside prisons, with defendants having no access to lawyers, no right to call witnesses in their defence and no right to appeal.

88. It was also reported that most of these executions have been carried out publicly and in groups. Some victims have been stoned to death, hanged, shot, or subjected to flogging before being executed.

89. According to the Iranian newspapers Kayhan, Ressalat, and Salam, the following persons have been sentenced to death by the Islamic Revolutionary Court of Tehran: Mr. Ebrahim Haqshenas, Mr. Ahmad Rajabi Analoheh, Mr. Shahnaz Azadi and Mr. Hassan Moqadassi Some'eh Olia. Mr. Gholam Reza was sentenced to death by the Islamic Revolutionary Court of Abadeh, Fars Province.

90. Concern has been expressed to the Special Representative about the continuing endorsement by the Government of the Islamic Republic of Iran of threats to the life of the author Salman Rushdie. On 2 November 1992, Ayatollah Yazdi, Head of the Judiciary, stated that "the historic Fatwa and order by the Leader of Muslims, Imam of the Ummah, proclaimed in his capacity as the Religious Leader to all Muslims and religiously incumbent on any Muslim, is not analysed and examined within a purely political and diplomatic framework". On 10 November 1992, Ayatollah Morteza Moqtadaei, Head of the Supreme Court of Justice, stated that "carrying out the order against the apostate Rushdie is an obligation for all Muslims, whether Shi'ite or Sunni. The Fatwa is an irrevocable Islamic order endorsed by 40 Muslim States. No authority, whether in Iran or abroad, can change this Islamic decree".

91. It was also reported that, on 2 November 1992, Ayatollah Hassan Sane'i, Head of the 15th Khordad Foundation, which in 1990 set a US$ 2 million reward for Rushdie's death, stated that the bounty had been boosted dramatically. He pointed out that, after the execution of the Fatwa, the reward would be immediately paid to the person who carried it out. He added that "If this verdict is executed by Rushdie's relatives, the reward offered by this Foundation will be boosted considerably".

92. On 6 November 1992, the Special Representative requested the Government of Japan to provide him with any information it would be able to make available to him with regard to the investigations into the assassination of Professor Hitoshi Igarashi, who translated the novel of Salman Rushdie entitled The Satanic Verses into Japanese. Professor Igarashi was murdered at Tsukuba University in Ibaraki City on 12 July 1991.

93. On 8 January 1993, the Permanent Mission of Japan to the United Nations Office at Geneva reported the following:

"The Permanent Mission of Japan has the honour to inform you, under instructions from its home Government, that ever since Mr. Hitoshi Igarashi was found dead at around 8 o'clock on 12 July 1991 within the premises of the Tsukuba University, the case has been vigorously investigated: however, the investigation has to date borne little fruit as to the identity of the perpetrator or other relevant information".

94. On 11 November 1992, the Special Representative requested the Government of Germany to provide him with any information with regard to the investigations into the assassinations of four leading members of the "Kurdistan Democratic Party of Iran - Qassemlov Faction" in Berlin. On 17 September 1992, Mr. Sadiq Charafkandi, Secretary-General of the party, Mr. Fattah Abduli, representative of the party in Europe, Mr. Mulayun Ardalan and Mr. Nuri Dehkurdi were assassinated while they were in Berlin, reportedly participating in a meeting held by the Socialist International.

95. On 5 January 1993, the Permanent Representative of Germany to the United Nations Office at Geneva reported the following: "As far as the assassination of four leading members of the 'Kurdistan Democratic Party of Iran' are concerned, investigations by the district attorney in Berlin are still being carried out".

96. The Special Representative also requested the Government of Germany, on 11 November 1992, to provide him with any information it would be able to make available with regard to the death of Mr. Rassoul Sadeghian Raddani in March 1992, in Essen. The Special Representative had received information that this person, who was hospitalized at the Ronal Klinik at Essen, for the treatment of severe injuries caused by chemical weapons during the Iran-Iraq war, was attacked and wounded by knife, while taking a walk in front of the hospital, allegedly by members of the organization "People's Mojahedin of Iran".

97. On 5 January 1993, the Permanent Representative of Germany to the United Nations Office at Geneva reported the following:

"As to the case of Mr. Raddani, allegedly assassinated by members of the organization 'Peoples Mojahedin of Iran' in Essen, competent police authorities could not confirm such allegations. A post-mortem examination, that was called for by the district attorney, came to the conclusion that Mr. Raddani had died of the consequences of severe injuries caused by chemical weapons during the Iran-Iraq war, for the treatment of which he was hospitalized in Essen. Additional external effects leading to the death of Mr. Raddani were excluded after the post-mortem examination".

B. Enforced or involuntary disappearances

98. The Special Representative wishes to point out that the Working Group on Enforced or Involuntary Disappearances of the Commission on Human Rights has transmitted to the Government of the Islamic Republic of Iran a total of 500 cases of missing persons, one of which was reported to have occurred in 1992. So far only one case has been clarified by information received from non-governmental sources.

99. By the same letter dated 24 November 1992, the Government of the Islamic Republic of Iran stated that:

"The Islamic Republic of Iran has worked closely with the Working Group on Enforced or Involuntary Disappearances and have responded to all the claims. In the view of the Islamic Republic of Iran, the propounded claims are baseless. It has therefore requested from the Working Group more precise information concerning these findings with complete specifications on the individuals to make the feasibility of investigation possible in this regard, the Islamic Republic of Iran is ready to fully cooperate with the Working Group on Enforced and Involuntary Disappearances".

100. Subsequent to his interim report to the General Assembly, the Special Representative transmitted to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva, by letter dated 23 December 1992, the following allegation.

101. It has been reported that Mr. Bahman Qahramani disappeared in 1988 after being detained in the city of Yasooj, on political charges. The fate of this person remained unknown. No investigation appeared to have been carried out by the Government in spite of numerous inquiries by his relatives.

C. Right to freedom from torture or cruel, inhuman
or degrading treatment or punishment

102. It has been reported that the prohibition of all forms of torture for the purpose of extracting confessions or acquiring information contained in article 38 of the Constitution of the Islamic Republic of Iran continues to be flouted.

103. In the letter dated 24 November 1992, the Government replied that "The Islamic Republic of Iran has taken decisive measures to prevent the arbitrary behaviour of judicial personnel, and denies the above-mentioned and basically irresponsible accusations".

104. Common methods of physical torture reportedly include suspension for long periods in contorted positions, burning with cigarettes and, most frequently, severe and repeated beating with cables or other instruments on the back and the soles of the feet. Beatings can last for hours at a time, with guards taking turns inflicting lashes. It was reported that sometimes a blanket or cloth is stuffed into the victim's mouth to stop him or her from screaming and making it hard to breathe properly. Usually the victims are blindfolded and strapped to a kind of bedstead, or held down by guards sitting on their backs. Some prisoners were unable to walk at all when the beating ended, and had to drag themselves back to their cells along the floor. Some still bear scars on their feet years after the beatings took place. Prisoners have described how their legs would swell and their clothing would be stained with blood from the feet to the thighs as a result of beatings. Beatings on the back have often resulted in serious kidney problems.

105. It was said that for political prisoners stress and uncertainty were constant pressures. Prisoners have been kept blindfolded for hours or days at a time, so that they became disoriented and insecure. Torture and arbitrary punishment could reportedly occur at any time, without warning. Prisoners were usually tortured immediately following their arrest, but could be subjected to torture at any time during their imprisonment, both before and after trial.

106. It has been reported that torture and other forms of physical or psychological ill-treatment were applied not only to obtain information but also to extract statements; sometimes the torture was recorded on film. Other arbitrary punishments include being kicked or punched, made to stand without moving for hours or days at a time, cancellation of family visits or reduced food.

107. On 24 November 1992, the Government of the Islamic Republic of Iran stated, with regard to the three preceding paragraphs, that:

"The laws of the Islamic Republic of Iran do not permit such inhumane behaviour towards prisoners and detainees, and the monitoring system of inspection and control would detect any illegal behaviour and punish the delinquents in accordance with the law. Examples of disciplinary punishments meted out by the executive organs of the judicial branch were duly reported to the Special Representative on his third trip to Tehran, and there is a list of such information annexed to document E/CN.4/1992/34 of 1992. In addition, at the session of the high court of law for discipline of attorneys, which took place on 9 November 1992 in the presence of the members of the court of law, the Chief of the judicial branch, the Chief of the State Supreme Court, the Chief of the first branch of the disciplinary court of attorneys and disciplinary prosecution of attorneys, the cases of two delinquent attorneys were investigated and after due discussions and consultations, a verdict for the permanent suspension of their law practice was issued".

108. The specific cases described below were reported to the Special Representative.

109. The torture of Mr. Khalil Akhlaghi while in detention in the prison of Shiraz was reported. He was born in 1939 at Ghenaveh, Bushehr Province, son of Gholamali and former employee of the Iranian Electronic Industry. He was arrested in November 1989 and held for 14 months in solitary confinement during which he was allegedly submitted to physical and psychological torture. He was reportedly beaten frequently with electric wires on the soles of his feet to the degree that he began to find it extremely difficult to sleep and even to walk properly without experiencing pain. Because of blows to his face and head, he has also lost all hearing in his right ear. As a result of these tortures, he allegedly agreed to copy prewritten documents with his own hand and sign them. This was called by the authorities a "confession of spy activities".

110. It was also reported that Mr. Akhlaghi was arrested and tried by virtue of the accusations made against him by Mr. Bahram Dehghani, son of Zin-Al-Abedien, also charged with spying. However, Mr. Dehghani, in a document written and signed by him in 1990 and submitted to the Islamic Revolutionary Court of Shiraz, stated before God that he, Mr. Akhlaghi and other persons were totally and completely innocent of all charges. He added that he had made the accusations under physical and psychological torture inflicted during his interrogation.

111. By its letter dated 24 November 1992, the Iranian Government stated that:

"The claims regarding Mr. Khalil Akhlaghi were investigated by a special delegation assigned by the chief of the prisons organization, and no sign of misconduct was observed. During his detention period, Mr. Khalil Akhlaghi, was given leaves of absence several times and regularly enjoyed long visits with his family".

112. Also reported was the torture while in detention in Evin prison of Mr. Mohammad Rahim Bakhtiari, a football player arrested in September 1991. The reasons for his detention are not known.

113. Further reported was the torture while in detention in the Security and Information Office of Agahi neighbourhood, Tehran, and in Evin prison, of Mr. Hossein Dashtgerd, a soccer referee arrested in September 1991. The reasons for his detention are also not known.

114. Reported was the psychological torture while in detention in Masjed Soleiman prison of Mr. Jahanbakhsh Khosravian Cham Piri (prison identity card No. 524). He was arrested, on his return to Iran from India, on charges of drug addiction. Prison authorities allegedly said to his family that he had become mad as a result of his addiction to drugs. He categorically denied being an addict and stated that this accusation had ruined his reputation and his chances for employment in the future.

115. The Government of the Islamic Republic of Iran, with regard to the three preceding paragraphs, replied that "no records have been found regarding Mohammad Rahim Bakhtiari, Hossein Dashtgerd and Khosravian Champiri".

116. No measures are known to have been taken during 1992 to establish legal or procedural safeguards against prisoners being tortured.

117. In its reply, the Government stated that "as mentioned earlier the constant control and inspection for the correct implementation of the regulations of laws, prevention of torture, and misconduct of prisoners have been enforced in recent years".

118. Although the Iranian press has apparently ceased to report the infliction of cruel, inhuman or degrading punishments such as amputation, it has reported some cases of flogging.

119. According to a dispatch from Reuters of 10 June 1992, an unspecified number of people were sentenced to be flogged by the Islamic Revolutionary Court of Mashhad for their part in the May riots in that city.

120. Subsequent to his interim report to the General Assembly, the Special Representative transmitted to the Permanent Representative of the Islamic Republic of Iran to the United Nations Office at Geneva, by letter dated 23 December 1992, the following allegations.

121. The Iranian newspaper Abrar reported, on 5 November 1992, that on 3 November 1992 five people were condemned to finger amputations on charges of stealing. Their names were given as follows: Mr. Ali Nazeri, aged 36; Mr. Farshid Qanbari, aged 22; Mr. Qorban Ali, aged 36; Mr. Mohammad Ali Shushtari, aged 25; and Mr. Mehdi Isma'ili. The verdicts were carried out in front of the offices of the Ministry of Justice in the city of Sari, Mazandaran Province, in the presence of judges, employees and more than 200 people.

122. On 8 September 1992, two brothers named Hossein and Farbuel, respectively, were reported to have been subjected to a flogging in public in the city of Tabriz.

123. According to the newspaper Salam of 5 August 1992, "Several days ago a group of unidentified motorcycle riders splashed paint on the faces of some sisters in Vanak square and fled in an ugly act". The newspaper added that "Authorities should take measures to stop such acts because they are sometimes attributed to pious Basijis", referring to members of the Bassij resistance forces under command of the Revolutionary Guards Corps. The report in Salam followed repeated charges of maltreatment of women whose Islamic covering was not right. Iran's Islamic laws require women to wear loose, cover-all garments and show no more than their face and hands in public. Offenders are punishable by up to 74 lashes and may be jailed or fined.

124. According to the Iranian newspaper Jahan-e Islam of 10 October 1992, the Commander of the Security Forces of Kermanshah Province reported that 248 persons were arrested and sentenced to 30 to 90 lashes during September 1992 in Kermanshah Province, on charges of illegitimate relationships, harassment, and drinking alcohol. A number of those arrested were also given prison terms.

D. Administration of justice

125. It has been reported that common and political trials in the Islamic Republic of Iran continue to fall far short of internationally accepted standards for fair trials. In particular, trials in Revolutionary Court are almost always held in secret, inside prisons; proceedings are summary, with no possibility for the detainee's family or even for defence counsel to attend.

126. It has been reported that the law guaranteeing all defendants the right to appoint an attorney does not in fact provide for qualified legal counsel and does not safeguard the right to legal representation provided for in article 35 of the Iranian Constitution and article 14 of the International Covenant on Civil and Political Rights, on the grounds that any Muslim is eligible to represent the accused in court. The bill approved by the Assembly for Determination of Exigencies of the State refers only to an attorney (Vakil), who apparently need not be a legally qualified professional, and not to an attorney-at-law (Vakil-e-Dadgostari), a qualified lawyer. Such a person would not, according to article 14 (d) of the International Covenant on Civil and Political Rights and international standards, be considered competent to assist a defendant in preparing the defence or to inform the defendant of his or her legal rights.

127. Furthermore, it was said that no mention is made of the defendant's right to have a lawyer assigned to him/her if he/she is unable to appoint one, and no provision appears to have been made guaranteeing the defendant the right to apply to the Supreme Court if his/her right to have access to legal counsel and to be represented in court by a lawyer is not respected.

128. It was also said that the new bill, in its present form, fails to guarantee the defendant's right to legal counsel in accordance with article 35 of the Constitution of the Islamic Republic of Iran (which provides that both parties to a lawsuit have the right in all courts of law to select an attorney and that, if they are unable to do so, arrangements must be made to provide them with legal counsel), and with Precedent No. 71/62, Decision No. 15, established in 1984 by the General Board of the Supreme Court of Iran. This precedent stated:

"Involvement of the counsel briefed by the Government, in case the accused may not have personally named an attorney, is essential in cases where the main punishments of that crime could be the death sentence or life imprisonment. ... This precedent shall be binding on all benches of the Supreme Court and other courts in similar cases in accordance with the Single Article of the Law on Judicial Precedent ratified in 1949".

It was further said that the new law guaranteeing the defendant's right to appoint an attorney, legally now in operation, has not been applied in practice. It was also said that this law was not retroactive and consequently no sentences handed down before the law came into force, albeit in the absence of defence counsel, were declared null and void.

129. By the letter dated 24 November 1992, the Permanent Representative of the Islamic Republic of Iran to the United Nations stated the following:

"According to the laws of the Islamic Republic of Iran, there are no limitations regarding the right to an attorney by the accused. This means that the accused has the right to choose any person whether or not he is an attorney or not, and the court officially recognizes this right of the accused. Thus using the mere word 'attorney' (as approved by the National Council of Urgency) does not create any legal limitation in this regard. Many examples of the participation of attorneys in court speak the truth of this assertion. Thus, the credibility of the aforementioned is completely denied. As previously stated the accused has total freedom of choice in acquiring an attorney, and in the event of the financial inability of the accused, the court has the duty to provide a court appointed attorney. Based on the reiteration of the Chief of Judicial Power and the Chief of Prosecution of the Revolution no verdict can be issued and no trial can be held, without the accused exercising his right to choose an attorney. The lack of this measure leads to nullification of the issued verdict, and the violators shall be judged under the prosecution of the disciplinary prosecutor's office".

130. It has been reported that the continued absence of an independent association of lawyers in the Islamic Republic of Iran undermines the principle that lawyers must be allowed to carry out their professional duties without fear of intimidation and pressure from authorities. The election of members of the Bar Council, which had been scheduled to take place on 9 October 1991 was postponed indefinitely. On 8 October 1991, an act on the reform of the Iranian Lawyers' Association was passed, empowering a "Reform Council" to dismiss certain lawyers from the legal profession before any election could be held. The members of the "Reform Council", appointed by the Head of the Judiciary, must dismiss lawyers who had served in certain government posts before the establishment of the Islamic Republic; individuals "who have participated in rebellions against the Islamic Republic or have acted effectively in support of unlawful groups"; and "members of pernicious sects or organizations whose aims are based on the denial of sacred religions". It was also reported that the current President of the Bar Association was appointed by the Ministry of Justice in 1982.

131. On this allegation, the Government stated the following:

"'The Committee of Attorneys' is active according to law, and the legal conditions of membership in this committee have been determined by law, according to the Islamic Assembly Council. Clearly, a good reputation and the lack of any past misconduct, are logical and understandable requirements for the election of the attorneys; thus, the claims and allegations of the Special Representative in most of aforementioned cases are unrealistic and the result of incorrect preconceptions".

132. It was further reported that other basic safeguards for a fair trial, such as the right of prisoners to be tried without undue delay, to bring witnesses on their behalf and the presumption of innocence, are still lacking.

133. By its letter dated 24 November 1992, the Government stated the following:

"The serious effort of the judicial power is based upon the fact that the entire legal procedure, from the initial arrest of the accused up to the issuance of the verdict and its implementation, should be observed, and existing laws provide for the legal rights of the prisoner, including the rights of trial without delay and the calling of witnesses. The judicial body, upon being informed of any violation, shall place the matter under investigation. In the Islamic Republic of Iran, disciplinary forces, which based on the permission of the judicial authorities, have the right to arrest suspicious persons or those guilty of committing crimes, must deliver the criminal after 24 hours to the judicial authorities according to procedure; the judicial authorities additionally are mandated to complete and expedite the case, and for the issuance of a judicial verdict, must submit the latter to superior committees. Sometimes, due to protests from the accused, investigations regarding the crimes, the depositions of witnesses, or often due to the accused's request, the process of handling a criminal case may be prolonged; however, despite that, the State Supreme Court will try to reduce the time to a minimum, by following up existing cases in courts".

134. It was alleged that political prisoners have no way of being sure how long they will remain in prison. Those who are tried may not be informed of their sentence for weeks or even months. The sentence itself begins only on the day of the judgement; lengthy periods of pre-trial detention are not subtracted from the prison term. Even when the sentence expires, prisoners may not be released unless they have "repented".

135. The reply by the Government of 24 November 1992 stated that:

"As previously mentioned, any actions toward arrested persons and convicts is conducted according to law, and the courts, according to the criteria and by-laws of their respective branches, will determine the amount of bail, deposit and parole. Additionally, prior to the issuance of any verdict of imprisonment, the court shall state the period of stay in detention in the final verdict and calculate any factor in the previous period of time served in detention".

136. It has been said that prisoners' attempts to organize group activities have led to harsh punishment. This allegedly has applied not only to actions such as protests against prison conditions, but even to organizing a study group or physical exercise.

137. It has been alleged that many prisoners are still held in prison years after the expiry of their prison sentences and that their release appears conditional on their agreeing to sign a statement of repentance. Some political prisoners have been released only after agreeing to give videotaped interviews, sometimes lasting several hours, in which they confess at length to their alleged wrongdoings, denounce their political organization and pledge support for the Islamic Republic. These interviews may then be shown on television.

138. On 24 November 1992, the Government of the Islamic Republic of Iran replied that:

"No prisoner is held except under the provisions of the court's verdict, and in the case of any deviation, the issue will be placed under investigation. In accordance with the law, the accused must be treated by the authorities of the courts and prisons in a humanitarian manner, and no one is permitted to impose action such as repentance or record a videotaped interview under pressure".

139. In other cases political prisoners are required to sign statements condemning their organizations and pledging that they will not take part in political activities in the future. It was further said that they are obliged to pledge property and have a relative stand as guarantor for them. Should the released prisoner not return to prison when summoned, the guarantor may be called in his or her place as a substitute prisoner. Prisoners may also be required to sign statements that they will not speak to anyone about their experiences of imprisonment.

140. It has been reported that prisoners on leave must register at designated Islamic Revolutionary Committees and must also keep in contact with the prison authorities. Such leave may be either for a specific period of days, weeks or months, or may be indefinite. However, even if the leave is for an unspecified period, there is no doubt that their files remain open at the prison and that they are still considered prisoners and may be recalled to the prison at any time for interrogation or to complete their prison terms.

141. The Special Representative has received reports of the arrest of hundreds of persons following demonstrations and riots in several Iranian cities.

142. It was reported that at least 30 persons were arrested in Kahrizak district, Kermanshah, on 1 March 1992. On 2 March 1992, at least 10 persons were arrested following demonstrations at Khajeh Nassir University in Tehran. During a house-to-house search at Jaafarabad, Kermanshah, on 4 March 1992, 89 persons were arrested. On 11 March 1992, 90 persons were arrested at Ramhormoz and 28 persons were arrested in Mahshahr. On 4 April 1992, several persons were arrested during demonstrations at Tabriz, East Azerbaijan Province, and during violent incidents at Takab, Azerbaijan. On 5 April 1992, 46 persons were arrested at Mashhad. On 14 April 1992, 100 persons were arrested at Dargaz, Lorestan Province.

143. In its reply of 24 November 1992, the Government stated that:

"The claims contained in the two preceding paragraphs are baseless and even in some cases contain imaginary names of cities. However, as it was mentioned before, safeguarding the public order and security is the task of the disciplinary forces; thus, in some indicated cities, the officers were rightfully obligated to arrest the rioting elements. The dimensions of the said claim in the above paragraph have been enlarged, and the scope of operation of the disciplinary forces and the number of the cases of riots are of far less magnitude than indicated".

144. According to a dispatch from Reuters of 11 June 1992, on 15 April 1992 there took place riots at Shiraz, Fars Province, during which two petrol stations, a police station and 15 vehicles were set on fire or destroyed. Other sources reported that at least 60 persons were arrested following those riots. During April 1992, incidents and demonstrations also took place at Khorramabad, Lorestan Province, and Chahar-Mahal, Bakhtiari Province.

145. The Government replied on 24 November 1992 that:

"The scope of the riots which took place in the city of Shiraz on the above-mentioned date, and the manner in which it was claimed, have been grossly exaggerated.

"Nevertheless, as the Special Representative has pointed out, the acts of hooligans, including attacks on police stations, setting fire to vehicles and two petrol stations, consequently led to the appropriate response of disciplinary forces to maintain order and security. In regard to the event which took place in Khorramabad, the incident was related to a gathering of a group of supporters of a selected candidate of that constituency, following the announcement of the results of the elections to the Islamic Assembly Council which had a local scope, and lacked any kind of opposition to the rule of the Islamic Republic of Iran. The reports of Reuters and other news sources are denied in this regard".

146. On 9 May 1992, at least 165 persons were arrested at Ahar. On 10 May 1992, 61 persons were arrested at Kharameh, a town near Shiraz. These incidents were reportedly followed by 260 arrests after violent demonstrations at Arak, Central Province, during which some government buildings and banks were burned and several vehicles were destroyed.

147. On this allegation, the Government stated, on 24 November 1992, that:

"The claims regarding the arrest of 165 persons in the city of Ahar are denied. Additionally, in respect to the events in Kharameh, some locals resorted to the destruction and damage of shops and business places of some of their opponents. The disciplinary forces, due to personal claimants and complainant, and to prevent the expansion of the disputes and to maintain public order and security, arrested the persons responsible in order to render them to the appropriate judicial authorities".

148. The demonstrations on 20 and 21 May 1992 at Shustar provoked the declaration of a state of siege in that city, followed by a large number of detentions. On 30 May 1992, a series of protests took place at Mashhad, Khorasan Province, apparently sparked off by incidents such as attempts by municipal authorities to destroy illegally constructed dwellings and forcibly evict their inhabitants. During the rioting at Mashhad more than 100 government buildings, banks and stores were burned or wrecked, according to a Reuters dispatch of 10 June 1992. The Special Representative received reports that the authorities officially had announced that 300 persons were arrested following the riots. Other sources reported, however, that the real number of detainees was several times higher. On 10 June 1992, 130 persons were reportedly arrested at Bukan.

149. The Government in its reply, of 24 November 1992 stated that:

"There was a gathering of one of the candidate's supporters (in relation to the fourth terms of the election of the Islamic Consultative Assembly at the city of Shoushtar), but there were no arrests, and the situation in the city returned to normal. The received reports, and the report of Reuters, are denied".

150. The Head of Judiciary, Ayatollah Mohammad Yazdi, was quoted by Reuters on 1 June 1992 as saying that a number of experienced judges had been assigned special briefs to deal with the perpetrators of the Mashhad disturbances. Some officials described those arrested as "corrupt on earth" and "insurgents". The Khorasan provincial governor, Ali Jannati, was reported to have said that the interrogation of more than 300 detained people indicated the involvement of "foreigners and agents of arrogance".