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Indicting Rafsanjani

Page 9

F. Freedom of expression, opinion and the press

 

296. On 27 July 1992, the Tehran Times newspaper complained in its editorial that 13 years after the Revolution the establishment of a journalists' trade union had still not been authorized, whereas other professional groups had achieved their legalization.

297. It is generally acknowledged that the media practise self-censorship with the aim of averting problems with the authorities. The arrest and prosecution of 9 of the 90 signatories of a public letter calling on the authorities to comply with the guarantees established by the Constitution and to carry out a change in economic policy have had long-term consequences, because they have led to the withholding of criticisms by the media.

298. In the course of 1992, publication of the sports magazine Farad was banned. The editor and cartoonist of this magazine were prosecuted and a mob burned down the magazine's offices. Two other periodicals were banned, the cultural weekly Donya-é-Sokhan and the women's periodical Zan-é-Roues. A mob also burned down the offices of Donya-é-Sokhan, whose editors were arrested.

299. On 17 December 1992 the acquittal was announced of the journalist Abbas Maroufi, editor of the periodical Abrar, who had been charged with insulting the clergy and publishing instructions for opposing the system of the government.

 

300. Given such confirmed reports, it may be stated that there have been no changes with regard to the freedoms of expression, opinion and the press, and that, as far as these freedoms are concerned, the situation is the same as that described by the Special Representative in earlier reports.

 

G. Right of association

301. On 10 July 1992, the competent Iranian authority decided to refuse the application for legalization of the Freedom Movement (Nehzat-e-Azadi). This decision was notified to the applicants for legal authorization on 9 August 1992. Furthermore, in several cities throughout the country members of this association were telephoned and given a first and last warning that, if they continued to engage in organization and propaganda activities in support of the association, they would be punished with extreme severity.

 

302. In view of the official decision, the Movement immediately went into recess. It will be recalled that previous reports have highlighted the question of the independent associations and political parties, the difficulties they have encountered in securing legalization, and the official statements that only legal procedures and formalities were involved, and that no obstacles were placed in the way of the legalization of independent organizations provided they accepted the constitutional bases of the Islamic Republic. However, it was well known that authorization of the Movement and other similar associations was being delayed. Now, legal authorization has suddenly been refused and it has been banned. No further grounds are required for stating that freedom of association remains in limbo.

 

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

303. In the interim report submitted to the General Assembly (A/47/617), full information was given on the suspension of ICRC activities in Iran and the expulsion of its delegates. The prison visits, conducted in accordance with the agreement concluded between ICRC and the Government, began on 22 January 1992 in the provinces. On 21 March 1992, the Government instructed ICRC to cease all operations in Iran and expelled its 15 members who had been in the country.

 

304. In the reply to the first memorandum sent to it by the Special Representative, the Government of Iran stated:

 

"Considering the situation that has developed regarding the status of the office of ICRC in Tehran, unfortunately, the normal activities of this office have been suspended. Nevertheless, in cases of finding a

practical mechanism for the continuation of the said Committee's activities, the Islamic Republic of Iran is prepared to review the matter, even prior to the removal of the obstacles concerning the initiation of the activities of the Red Cross office in Tehran" (see para. 170).

 

305. From this statement it would appear that, even before permitting the reopening of an ICRC office in Tehran, the Government might consider practical mechanisms for dealing with and solving specific cases. This could be a by no means negligible first step, but the prison visits will undoubtedly require the full operation of ICRC in Iran and compliance with the agreement signed by ICRC and the Government in November 1991. As at the time of drafting the present report, ICRC has not been able to resume its activities in Iran.

 

306. The Special Representative repeats that the visits by ICRC to Iranian prisons are an important factor in ensuring that the prison regime is in conformity with international standards. The private, confidential and periodic interviews with prisoners and access to all detainees, without exception, by delegates from an institution with the prestige of ICRC are important means of ensuring respect for the human rights of those who have been deprived of their freedom.

 

307. On the question of prisoners of war, on 27 December 1992 the Iranian Government announced that there were no more Iraqi prisoners of war in Iranian territory. The Iranian Red Cross issued a communiqué to the same effect. It was explained that the prisoners still held had been released and had refused to return to their country.

 

I. Religious freedom and situation of the Baha'is

308. In 1992 there were reports of several restrictions on the religious freedom of Christian groups and followers of Zoroastrianism. Chapter II of this report containing developments and allegations describes the situation of these sectors of the Iranian population. Attention should be drawn to, inter alia, the closure of the Iranian Bible Society, which has not been revoked, the continued imprisonment of Reverend Mehdi Dibaj and the prohibition of a number of public manifestations of Christian worship.

 

309. As regards followers of the Baha'i faith, there have been numerous confirmed and documented cases of harassment, arbitrary detention, confiscation of property, expulsion from the home and discrimination in general. As has been pointed out in the part of this report relating to developments, 1992 has seen two Baha'is sentenced to death because of their religious faith; at least one member of this community has been executed during the year.

 

310. After the cut-off date for the receipt of information and after completion of the relevant memoranda, reliable information was obtained about a circular issued by the Supreme Revolutionary Cultural Council on 25 February 1991 about the Baha'is. The main guidelines contained in the circular, established in order to inform all authorities about the policy to be followed concerning practitioners of the Baha'i faith, are set out below:

 

(a) With regard to the general condition of Baha'is, the following guidelines are hereby adopted: (i) they shall not be expelled from the country without reason; (ii) they shall not be detained, imprisoned or punished without reason; (iii) the Government's treatment of them shall be such that their progress and development shall be blocked;

 

(b) With regard to their educational and cultural situation, the following directions are hereby adopted: (i) they may be enrolled in schools provided that they do not identify themselves as Baha'is, but they shall if possible be assigned to schools with a strong religious ideology; (ii) when a student is known to be a Baha'i, he shall be expelled from university, either during the admission process or in the course of the academic year; (iii) their political activities, "including espionage", shall be countered by means of the relevant official policies and laws, and their religious activities and teaching shall be confronted by means of other religious activities and teaching, cultural responses and propaganda; (iv) the propaganda institutions, such as the Islamic Propaganda Organization, shall establish special sections to counter the religious activities and teachings of the Baha'is; (v) a plan shall be formulated to combat and destroy the cultural roots which this group has outside the country;

 

(c) As regards their legal and social position, the following guidelines are hereby adopted: (i) they shall be permitted to lead a modest life similar to that of the population in general; (ii) to the extent that this does not constitute encouragement for them to persist in their status as Baha'is, they shall be allowed the normal means to live like all other Iranian citizens, such as ration books, passports, death certificates and work permits; (iii) employment shall be refused to persons identifying themselves as Baha'is; (iv) they shall also be denied positions of influence, for example in the education sector.

 

311. The above-mentioned guidelines have some slightly positive elements, in particular when they refer to the general status of this group and the granting of work permits, ration books and passports. But it must be observed that one rule limits all the others, namely, that which provides that the progress and development of the Baha'is shall be blocked. It should also be noted that, pursuant to this rule, university studies are beyond their reach and they are denied access to public office.

 

J. Situation of women

312. Women are forbidden to study engineering, agriculture, mining and metallurgy, and they are not allowed to become magistrates. They are excluded from 91 specific fields of study at the university level, from 55 fields in the area of technology and 7 in natural sciences. On the arts side, women have access to only 10 out of 35 fields of study.

 

313. In order to work and in order to travel abroad, women require the permission of their husbands. If they inherit property, its value is reduced to half of that received by men. In 1992 there have been campaigns for the strict observance of the rules on women's dress. Women have been arrested on charges of not complying with these rules. The arrests took place in the course of searches and checks in public places, but also in private firms and clinics. Many of the women arrested were released after signing a document promising that in future they would comply scrupulously with the rules, but others were given severe punishments, including flogging.

 

K. Clemency measures

314. In April 108 persons were amnestied, including 8 signatories of the Charter out of the 90 who were members of the Freedom Movement. In July and September it was announced that amnesties had been granted to about 3,000 prisoners. Some had their sentences reduced and others were released. This amnesty included 53 members of the clergy. On 15 December 1991, it was announced that 76 women had had their penalties reduced or had been released.

 

L. The problem of the refugees

315. In 1992, numerous Afghan refugees returned to their country, mainly those from provinces bordering Iran. Some 1,500 to 2,000 refugees are still returning to their country every day, with the assistance of the Office of the United Nations High Commissioner for Refugees (UNHCR).

 

316. A seminar held in Tehran from 20 to 23 July 1992, with the participation of UNHCR and numerous international NGOs, provided an opportunity of studying the refugee problem in depth. It was apparent that the NGOs had little information on the serious problem which has confronted Iran as a result of the massive influx of refugees not only from Afghanistan but also from Iraq, most of the latter being Kurds and Shi'ite Muslims. In resolutions the participants decided that that seminar should have a follow-up and not remain a one-off event.

 

317. The task of repatriating 2.1 million persons is gigantic, and the refugees need assistance in order to resettle in their country of origin. The Afghan refugees have not been concentrated in camps but have lived freely in the country and have earned their living by working mainly in the construction sector. The Islamic Republic of Iran has responded positively to the problem created by the refugees from neighbouring countries.

 

IV. CONCLUSIONS

318. The Government of the Islamic Republic of Iran has emphasized that, in its opinion, there has been an improvement with regard to enjoyment of, and respect for, human rights within the international guidelines and has attributed the main problem in this area to the differences of interpretation of the international standards and to problems of cultural distances and differences which give rise to differing evaluations of the same facts.

 

319. On the question of the structure and organization of the systems for supervision of compliance with the international human rights instruments, the Special Representative again feels obliged to point out that regional and national developments must be fully consistent, and maintain continuity, with the system lawfully established by the United Nations, and that no such development is admissible if it runs counter to, or deviates from the international order. In the event of such a discrepancy, the regional and national systems must conform to the international system.

 

320. In conformity with the international instruments in force to which it is a party, the Government of the Islamic Republic of Iran is obliged to bring its legal system, and in particular its judicial and prison system, into line with the international standards which it has endorsed and ratified and which are accordingly binding on it with its full consent. The international system of protection and promotion of human rights is not imposed on any country from without, by dint of forces alien to the State will. On the contrary, it is a negotiated and agreed system, both in its general precepts, and in applications of those precepts.

 

321. United Nations supervision is based on the Charter, to which the Member States have given their consent, and on developments of the Charter, which the Member States have also accepted. Anything which States consider should be the subject of international legal reform should be taken up through the procedures established within the international organizations.

 

322. On the specific question of the current situation of human rights in Iran, it should be mentioned that: there is continued uncertainty about the official reaction to dissidence; self-censorship is widespread in the media; several guarantees of due process are still merely the letter of the law or the subject of proposed legislation; the right of free association has been denied, with the express banning of the Freedom Movement; the International Committee of the Red Cross continues to be prevented from performing its function in the prisons; the restrictions on non-Islamic religious groups are manifold; and the situation of women leaves much to be desired.

 

323. Furthermore, with regard to the right to life, the number of judicial executions continues greatly to exceed the very restrictive terms of the International Covenant on Civil and Political Rights and there have been cases of torture and cruel, inhuman or degrading treatment or punishment. The guarantees of due process and legal defence by means of a qualified lawyer are not complied with in trials before the Islamic revolutionary courts; this is serious and irreversible when these trials result in the defendants being sentenced to death or amputation.

 

324. International supervision is contributing, albeit sometimes in limited terms and to a relatively modest extent, to the protection of human rights in the country under supervision. Inherent in the foregoing conclusions is the implication that, in the opinion of the Special Representative, international supervision of the situation of fundamental rights and fundamental freedoms in the Islamic Republic of Iran should be continued.

 

V. RECOMMENDATIONS

325. In accordance with the conclusions reached above, an urgent appeal should be made to the Iranian Government to implement fully, consistently and without exception the international standards in force in the area of human rights and fundamental freedoms.

 

326. Particular emphasis should be placed on the urgent need drastically to reduce the number of executions, and to ensure that the few death sentences handed down in the future are the result of trials in which the guarantees of due process of law have been scrupulously, verifiably and publicly applied.

 

327. An urgent appeal should be made to the Iranian authorities to implement the agreement concluded with ICRC in November 1991 concerning the visiting of prisons and prisoners without distinctions between ordinary offences and political offences.

 

328. Recognizing that the Government of the Islamic Republic of Iran has responded to several of the allegations that have been communicated to it, it should be asked to resume a policy of full cooperation with the Commission on Human Rights and, in particular, the Commission's Special Representative.

 

329. It should be stated that the Special Representative's three visits to Iran have helped to give a clearer picture of the situation prevailing in the country with regard to human rights. Now that over a year has elapsed since the most recent visit, a fourth visit would appear advisable.