31/26 Situation of human rights in the Islamic Republic of Iran
Document Type: Final Report
Date: 2016 May
Session: 31st Regular Session (2016 Feb)
Agenda Item:
GE.16-07944(E)
Human Rights Council Thirty-first session
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Situation of human rights in the Islamic Republic of Iran
Report of the Secretary-General *
Summary
The present report is submitted in accordance with General Assembly resolution
70/173, in which the Assembly requested the Secretary-General to submit an interim report
to the Human Rights Council at its thirty-first session on the progress made in the
implementation of the resolution. In the report the Secretary-General describes patterns and
trends in the human rights situation in the Islamic Republic of Iran and makes
recommendations to improve the implementation of the resolution.
* The present report was submitted after the deadline owing to the need for consultations with the
Member State.
I. Introduction
1. The present report is submitted pursuant to General Assembly resolution 70/173, in
which the Assembly requested the Secretary-General to submit an interim report on the
situation of human rights in the Islamic Republic of Iran to the Human Rights Council at its
thirty-first session. In the report the Secretary-General provides information on progress
made in the implementation of the resolution, focusing on the concerns identified therein.
2. The Secretary-General draws upon observations made by the United Nations human
rights treaty bodies, the special procedure mandate holders of the Human Rights Council
and various United Nations entities. He also takes into account information from official
State media and non-governmental organizations (NGOs).
3. Since the submission of his report to the General Assembly (A/70/352), the
application of the death penalty in the Islamic Republic of Iran continued at an alarmingly
high rate, including in relation to drug-related crimes and with regard to juveniles. Corporal
punishment, including amputation, flogging and blinding, was applied against individuals
in detention.
4. The crackdown on journalists and human rights defenders, in particular women
human rights defenders, intensified, with a large number of individuals arrested, detained
and prosecuted for the mere and peaceful exercise of their profession or of their legitimate
rights to freedoms of expression and association. No improvement was observed regarding
the situation of religious and ethnic minorities, who remain subject to restrictions. Women
and girls continued to face discrimination in the areas of marriage, employment and
political participation.
5. The Government of the Islamic Republic of Iran continued to engage constructively
with the United Nations treaty bodies and under the universal period review. It also invited
the Special Rapporteur on the right to food and the Special Rapporteur on the negative
impact of unilateral coercive measures on the enjoyment of human rights to visit the
country. However, requests for visits by other mandate holders, including the Special
Rapporteur on the situation of human rights in the Islamic Republic of Iran, remained
unanswered.
II. Overview of the human rights situation in the Islamic Republic of Iran
A. The death penalty
1. Use of the death penalty
6. The Secretary-General remains alarmed at the staggering rate of executions carried
out in the Islamic Republic of Iran. At least 900 executions, including of women and
children, were reportedly recorded in 2015, with some sources suggesting that the figure
was higher than 1,000, confirming a pattern consistent since 2005.1 At least 750 persons
were executed in 2014. On 26 June 2015 alone, 25 individuals were executed in Rajai
Shahr prison.2 The United Nations High Commissioner for Human Rights and several
special procedure mandate holders have repeatedly expressed concern at the surging
1 See http://iranrights.org/newsletter.
2 See http://tnews.ir/news/290E43222158.html (in Persian).
execution rate and called on the Government to institute a moratorium on executions.3 In
their comments on the present report, the government authorities continued to argue that
owing to threats linked to the production of narcotics in the region, it was necessary to
apply the death penalty as a deterrent, especially for drug-related crimes. They also argued
that individuals found guilty in court proceedings were afforded due process guarantees,
including access to defence counsel.
7. The Secretary-General notes the initiative by parliamentarians to replace executions
for drug-related crimes with imprisonment. On 8 December 2015, a parliamentarian
announced that a proposal to amend the anti-narcotics law, which provides a mandatory
death penalty for drug-related offences, had been presented to the parliament. The proposal
reportedly seeks to eliminate the death penalty for drug-related offences, except for armed
drug smuggling.4 The current anti-narcotics law provides for the death penalty for a myriad
of lesser drug-related offenses, including the possession of more than 30 grams of
methamphetamines (ibid.).
8. Executions for drug-related offences, which amount to a violation of international
law, account for over 70 per cent of all executions in the Islamic Republic of Iran. These
executions are often carried out after trials that do not meet international fair trial standards.
The International Covenant on Civil and Political Rights prohibits the imposition of the
death penalty for any but the most serious crimes. The Human Rights Committee has
repeatedly stressed that drug-related offences do not meet the threshold of the most serious
crimes, unless they involve intentional killing.5 The Secretary-General, noting that
execution has not deterred this type of crime, encourages the Government to seek
alternative solutions, including abolishing the mandatory death penalty for drug-related
crimes.
9. A large number of foreign nationals are reportedly on death row for drug-related
crimes. Afghan nationals are reportedly the most affected, with at least 1,200 persons on
death row as of August 2015 (see A/70/304, para. 77). Of the 17 foreign nationals
reportedly executed in 2015, 16 were Afghans. Foreign nationals are particularly
vulnerable, as they often do not speak the language in which the legal proceedings are held,
are unfamiliar with the laws under which they are charged, have inadequate access to legal
assistance and support, and are often forced to sign confessions.6 For instance, Kelven
Ozube Agbai, a Nigerian national, has been detained in Evin prison since March 2013. He
was reportedly arrested at Imam Khomeini Airport in Tehran for possession of drugs. On
29 August 2013, the Tehran Revolutionary Court sentenced him to death. While in custody,
Mr. Agbai was reportedly pressured to sign documents that had not been translated from the
original Persian. Furthermore, he reportedly did not have access to an interpreter or legal
assistance during the investigation and the trial.
10. In 2015, at least eight political prisoners were executed for charges such as
moharebeh (taking up arms for terrorism and disruption of public safety) and several others
were sentenced to the death penalty on politically motivated charges. On 4 March 2015, six
individuals, including Hamed Ahmadi, Kamal Malaee, Jahangir Dehghani and Jamshed
3 On 14 September 2015, in his opening statement to the Human Rights Council at its thirtieth session,
the High Commissioner expressed concern at the accelerated use of the death penalty in the Islamic
Republic of Iran. On 19 October, the Spokesperson for the Secretary-General reaffirmed the
opposition of the United Nations to the death penalty and called on the Government to abolish the
practice altogether.
4 See www.isna.ir/fa/news/94091710313/ (in Persian).
5 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16581&LangID=E.
6 In their comments on the present report, the authorities stated that foreigners were systematically
afforded translation and defence counsel facilities.
Dehghani, all members of the Kurdish community, were executed on charges of moharebeh
and corruption on Earth. The executions were carried out despite serious concerns about the
fairness of their trials.7 The authorities asserted that these individuals were executed after
having been sentenced to death on charges of membership in a terrorist group and carrying
out armed attacks against military bases.
11. Furthermore, on 5 August 2015, the High Commissioner and a group of special
procedure mandate holders separately expressed serious concern at the imposition of the
death penalty on Mohammad Ali Taheri, the founder of a spiritual movement, writer and
practitioner of alternative medicine theories used in the Islamic Republic of Iran and
abroad. Mr. Taheri was arrested in May 2011 and sentenced to five years in prison for
insulting Islamic sanctities. On 1 August 2015, the Revolutionary Court of Tehran
sentenced him to death on charges of corruption on Earth, while he was serving a five-year
sentence. On 21 December 2015, the Supreme Court annulled the death sentence and
referred the case back to branch 26 of the Revolutionary Court, which had handed down the
sentence. In confirming the Supreme Court’s decision, the authorities asserted that Mr.
Taheri had been convicted for establishing a diversionary cult, which caused deep harm to
the members and their relatives. Shahram Ahmadi, a religious activist promoting Sunni
belief by distributing books and leaflets, was arrested on 26 April 2009 and sentenced to
death in early 2015 on charges relating to his alleged ties with the group that had
assassinated Mohammad Sheikholeslam, an imam of Sanandaj. He was held in solitary
confinement for 33 months and subjected to beatings, psychological attacks and exposure to
extreme cold. Mr. Ahmadi was forced to sign a blank paper on which revolutionary guards
later reportedly wrote a confession. During his trial in October 2012, neither Mr. Ahmadi
nor his attorney was allowed to present his defence. Mr. Ahmadi had been imprisoned five
months before Mr. Sheikholslam’s assassination.
12. The Secretary-General notes with concern that the practice of public executions
continued, despite their dehumanizing, cruel, inhuman and degrading effect on the victims
and on observers. At least 47 individuals were publicly executed in 2015. Despite
statements to the contrary by the Government, photographs taken at the scene demonstrate
that children are often present at these events. The authorities dispute this figure and argue
that public executions are rare and applied as a dissuasive measure. The Government did
not accept the recommendation to abolish public executions made during the second
universal periodic review cycle.8 The Human Rights Committee also recommended that this
practice be ended in its concluding observations on the third periodic report submitted by
the Islamic Republic of Iran (CCPR/C/IRN/CO/3).
2. Execution of minors
13. On 16 October 2015, special procedure mandate holders expressed outrage at the
executions of two juvenile offenders on 6 and 13 October.9 The Special Rapporteur on
summary or arbitrary executions described these executions as unlawful killings by the
State, comparing them to murders performed by individuals. Underlining that executing a
juvenile offender, especially after a questionable trial, directly contravenes international
human rights law, the Special Rapporteur urged the Government of the Islamic Republic of
7 See www.amnesty.org/en/latest/news/2015/03/iran-six-kurdish-sunnis-about-to-be-hanged/.
8 See the universal data review database (www.upr-info.org/database).
9 On 6 October 2015, Samad Zahabi was executed in secret, after being sentenced to death for the
killing of a fellow shepherd when he was 17. On 13 October, Fatemeh Salbehi was hanged despite
reported flaws in her trial and appeal process. Ms. Salbehi, twice a child bride, was accused of
murdering her second husband when she was 17.
Iran to “immediately stop killing children”.10 On 19 October, the Secretary-General stressed
that international human rights law prohibited the death penalty for crimes committed by
individuals below 18 years of age. On 25 November, according to a semi-official Iranian
news outlet, Mr. Alireza, a juvenile offender, was reportedly executed in Rajai Shahr prison
in Karaj. He had been sentenced to death for the murder of his friend on 30 October 2008.11
These cases bring to four the number of confirmed juvenile executions in the Islamic
Republic of Iran in 2015.12
14. In their comments on the present report, the authorities stated that juvenile cases
were tried in special courts, except for qisas (retribution in kind) cases that entailed the
death penalty and were tried in the presence of five judges in provincial penal courts. Since
qisas was a private right of the victim’s family which could not be overruled by the
judiciary, the authorities were obliged only to process legal proceedings in the case.
Furthermore, the authorities stated that great efforts were made to prevent juvenile
executions, including by encouraging the families of victims and perpetrators to reach a
settlement.
15. The Secretary-General is particularly concerned about the denial of due process and
fair trial protections to minors. Courts consistently accept confessions obtained under
torture or other cruel, inhuman or degrading treatment as evidentiary bases for conviction.
For instance, Hamid Ahmadi, who was 16 when he was involved in a fight with fatal
consequences, was detained and interrogated by police without an attorney or guardian
being present, despite his status as a minor. After prolonged interrogation, he confessed to
having stabbed a man during the fight. He later informed the court that he had confessed to
the murder out of fear of torture or other cruel, inhuman or degrading treatment when
officials threatened to return him over to the Police Investigation Unit. He was convicted of
murder and sentenced to death on the basis of this retracted confession, without his claims
of torture being investigated or consideration being given to the fact that that the confession
was made by a minor.
B. Torture or inhuman or degrading treatment or punishment
16. The Secretary-General remains concerned about the persistent practice of corporal
punishment, such as amputation of limbs, blinding and flogging. The Islamic Penal Code,
which came into force in June 2013, recognizes corporal punishment, including limb
amputations,13 flogging14
and stoning (A/HRC/25/26). Qisas can include corporal
punishment for crimes against the body or crimes against the person. The judiciary has
frequently applied these punishments, which the Human Rights Committee considers as
incompatible with article 7 of the International Covenant on Civil and Political Rights.15
17. At least 21 cases of corporal punishment were reported in 2015, including 3 cases of
blinding, 5 cases of amputation of limbs, 1 stoning to death and 12 cases of flogging in
10 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16611&LangID=E.
11 See http://ana.ir/news/67795 (in Persian).
12 A total of 73 juvenile offenders were reportedly executed between 2005 and 2015. See Amnesty
International, “Iran: growing up on death row: the death penalty and juvenile offenders in Iran”, 26
January 2016.
13 Articles 234 and 278 of the Islamic Penal Code provide for limb amputations for theft and
moharebeh.
14 Articles 234 and 262 of the Islamic Penal Code provide for flogging for insulting the prophet and
Islam, sodomy, consumption of alcohol and public moral offences.
15 General comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading
treatment or punishment.
public.16 On 13 December 2015, Iranian media reported that a woman convicted of adultery
was sentenced to death by stoning in Gilan province. As at the end of December, the verdict
was awaiting confirmation by the Head of the Judiciary. Article 225 of the new Islamic
Penal Code prescribes stoning as a punishment for people convicted of adultery.17 United
Nations human rights mechanisms hold the view that execution by stoning constitutes a
form of torture or other cruel, inhuman or degrading treatment or punishment prohibited in
international law, including the International Covenant on Civil and Political Rights. The
Human Rights Committee has concluded that stoning to death for adultery is a punishment
that is grossly disproportionate to the nature of the “crime”.18
18. The Secretary-General regrets the Government’s refusal to accept all the
recommendations concerning torture and other cruel, inhuman or degrading punishment
that it received during the second cycle of the universal periodic review. The Government
accepted parts of four recommendations while rejecting recommendations that it outlaw
inhuman corporal punishments, revoke all laws that allowed corporal punishment of
children, and investigate and prosecute all those responsible for ill-treatment or abuse of
detainees (A/HRC/28/12 and Corr.1). The Government also rejected recommendations that
it ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and the Optional Protocol thereto.
19. The persistence of torture and other cruel, inhuman or degrading punishment in
various places of detention and prisons also remains of serious concern. Beatings, stress
positions, denial of medical attention and prolonged solitary confinement are among
commonly applied methods of ill-treatment. Such treatment appears to affect mainly human
rights defenders, journalists, social activists, political activists, members of some religious
groups and individuals associated with some minority groups. The authorities argue that
torture is prohibited under Iranian law and that perpetrators are subjected to severe
penalties. They stated that detention facilities were systematically supervised and
inspections carried out by relevant authorities, including the Supervision and Management
of Prisons Organization.
20. Between January and November 2015, special procedure mandate holders
transmitted 14 communications to the Government of the Islamic Republic of Iran
concerning prolonged solitary confinement, forced confessions, flogging, amputations,
blinding, virginity tests (also referred to as “virginity examinations”), pregnancy tests and
lack of medical attention to prisoners. For instance, on 13 September 2015, Shahrokh
Zamani, a labour rights activist, reportedly died of a stroke in Rajai Shahr prison. He had
been waiting for nearly a year to receive a magnetic resonance imaging test for persistent
neurological symptoms. The denial of health care, along with the severely overcrowded and
unsanitary conditions and deficient food, is believed to have caused his death.
21. On 10 January 2015, Atena Farghdani, a peace activist and artist, was arrested and
beaten in front of her parents and later in front of a court judge. In June, she received a
sentence of 12 years and 6 months of imprisonment. While in prison, she was reportedly
subjected to torture, sexual harassment and degrading detention conditions. Furthermore,
she was reportedly forced to take virginity and pregnancy tests and held in solitary
16 In January 2015, a young man identified as Hamid S. reportedly underwent surgical removal of his
left eye and right ear after a 2005 incident in which he attacked a man with acid, causing the victim to
lose an eye and an ear. In their comments on the present report, the authorities confirmed that the
blinding sentence was carried out on 4 March 2015, after the victim insisted on the implementation of
qisas.
17 See http://ana.ir/news/71450 (in Persian).
18 General comment No. 20.
confinement for 20 days.19 In their comments on the present report, the authorities stated
that prison authorities had carried out tests in response to allegations of sexual assault
against Ms. Farghdani on the Internet. On 14 October, Fatemeh Ekhtesari, a prominent
poet, was sentenced to nine years and six months of imprisonment on charges of “insulting
the sacred”, “publishing unauthorized content in cyberspace” and “propaganda against the
State” for the online publication of a collection of poetry entitled A Feminist Discussion
before Boiling the Potatoes. Throughout her detention, Ms. Ekhtesari was subjected to
prolonged solitary confinement and other cruel, inhuman or degrading treatment. She was
convicted primarily on the basis of a coerced confession. Additionally, she was sentenced
to 99 lashes for shaking hands with a member of the opposite sex to whom she was not
related. She was also forced to take virginity and pregnancy tests.20
22. The Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment and the Special Rapporteur on violence against women, its causes and
consequences all consider virginity testing to be a form of sexual violence. The Special
Rapporteurs noted that virginity testing is a violation of the right to dignity and the right not
to be subjected to ill-treatment, and constitutes a particularly gross form of discrimination
and of custodial violence.
C. Restrictions on freedom of opinion and expression
23. The Secretary-General notes the apparent good intentions of the President of the
Islamic Republic of Iran in committing to easing restrictions on freedom of expression and
his advocacy of freedom of speech as a basic human right. However, these commitments
have yet to be translated into reality. In the last months of 2015, the already limited space
for freedom of expression, particularly for social media activists and journalists, eroded
further.
24. The Secretary-General is particularly concerned about the crackdown on journalists
and social media activists ahead of the parliamentary elections scheduled for 26 February
2016. On 2 November 2015, five journalists were reportedly arrested by Revolutionary
Guards in Tehran on suspicion of taking part in an “infiltration network”, seeking to
influence public opinion and undermining the Islamic Republic of Iran on behalf of
Western Governments. The Government has named four of the journalists but has not
disclosed the identity of the fifth. On 11 November, special procedure mandate holders
issued a joint press statement expressing concern about the crackdown on journalists and
urging the Government to provide a safe space for freedom of expression ahead of the
parliamentary elections. The experts stressed the importance of freedom of expression for
free and fair political processes and that public participation in any electoral process was
virtually impossible if the media and civil society were so frequently affected by arrests and
prosecutions. The Secretary-General is encouraged by statements by President Rouhani21
and other government officials condemning these arrests. He urges the Government to
reverse this trend by immediately releasing journalists who have been arbitrarily detained
for the peaceful and legitimate exercise of their profession and to open up space for the free
exchange of ideas. Freedom of opinion and expression is essential to fair and credible
elections.
19 See https://spdb.ohchr.org/hrdb/29th/public_-_UA_Iran_16.01.15_(1.2015).pdf.
20 See www.iranhumanrights.org/2015/10/two-poets-sentenced/.
21
On 8 November 2015, President Rouhani criticized the granting of “special privileges” to some
media, which act as “undercover police”, while others “face harsh punishments”. See
www.theguardian.com/world/2015/nov/05/irans-president-criticises-recent-arrests-of-journalists.
25. At least 45 journalists and social media activists are being held in detention for
peaceful activities in the Islamic Republic of Iran, one of the highest totals in the world.22
The laws pertaining to freedom of expression remain overly restrictive and allow vague and
broad exceptions to journalistic freedom that make it possible for the authorities to violate
the spirit of the law and to harass, arbitrarily arrest and detain, or prosecute journalists
(A/70/352). On 16 January 2016, the Secretary-General welcomed the release from
detention of a number of Iranian-Americans, including Jason Rezaian, a reporter for the
Washington Post, in an exchange of prisoners with the United States of America. Mr.
Rezaian had been detained for 18 months, charged with espionage, collaboration with
hostile Governments, gathering classified information and disseminating propaganda
against the Islamic Republic of Iran. Commending the positive steps taken by the
Government in releasing Mr. Rezaian, the Secretary-General called on the authorities to
facilitate the release of the remaining detainees arbitrarily held in the country.
26. On 14 October 2015, the Revolutionary Court in Tehran sentenced Mehdi Moosavi,
a poet, to 11 years of imprisonment and 99 lashes on charges of “insulting the sacred” on
the basis of the social criticism expressed in his poetry.23 The convictions were reportedly
based on forced confessions. Mr. Moosavi was reportedly subjected to repeated and long
interrogations and to more than a month of solitary confinement. He refuted the charges
against him during his trial.
27. The authorities continued to filter and block social media websites, such as
Facebook, YouTube, Twitter, Viber, Tango, WhatsApp and Instagram. The authorities
stated that smart filtering of YouTube, Facebook and Twitter was aimed at preventing
terrorist activities, promotion of extremism and violence and breaching of privacy. On 20
October 2015, the Chief Executive Officer of the instant messaging service Telegram,
Pavel Durov, affirmed publicly that the Government had asked the company to spy on its
users in the Islamic Republic of Iran. On 15 November 2015, the administrators of more
than 20 groups on Telegram were arrested for spreading “immoral content”.24 The
authorities stated that the Chief Executive Officer had accepted their request to block sites
promoting terrorist and extremist activities through Telegram. They added that the
managers of the sites were prosecuted in conformity with Iranian law, which requires
combating the spread of prostitution and the exploitation of children. In September 2015,
11 individuals were also arrested in connection with jokes circulated on social media that
were deemed offensive to the former Supreme Leader, Ayatollah Khomeini.25
D. Rights to freedoms of association and peaceful assembly
28. The Secretary-General deplores the Government’s refusal to accept the
recommendations that it received during the second cycle of the universal periodic review
to repeal all legal provisions that infringe the freedoms of peaceful assembly and
association (see A/HRC/28/12 and Corr.1, para. 138.227). Between January and November
2015, special procedure mandate holders transmitted five communications to the
Government concerning freedom of assembly and association, drawing its attention to its
international obligation to respect and fully protect the rights of all individuals to associate
freely, including individuals holding minority or dissenting views or beliefs, and human
rights defenders.
22 See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=16736&LangID=E.
23 See www.iranhumanrights.org/2015/10/two-poets-sentenced/.
24 See www.reuters.com/article/us-iran-rights-socialmedia-idUSKCN0T40MU20151115.
25 See www.amnesty.org/en/countries/middle-east-and-north-africa/iran/report-iran/.
29. Although domestic laws protect freedom of peaceful assembly, there are multiple
restrictions on its exercise, some of which are severe. Article 27 of the Constitution states
that “public gatherings and marches may be freely held, provided arms are not carried and
that they are not detrimental to the fundamental principles of Islam”. The latter part of this
provision is vague and prone to broad interpretation and arbitrary application. Moreover,
the revised Islamic Penal Code failed to amend the overly broad provisions of national
security laws that severely punish individuals for exercising their right to freedom of
association and assembly. For example, article 498 of the Penal Code imposes a
punishment of 2 to 10 years of imprisonment for any individual who “establishes or directs
a group, society, or branch, with aims to perturb the security of the country”. Article 500 of
the Penal Code imposes a punishment of three months to one year in prison on any
individual who “engages in any type of propaganda against the Islamic Republic of Iran or
in support of opposition groups and associations”. Prosecutors and revolutionary courts
have systematically used these laws to target, harass and imprison peaceful protesters and
political dissidents. Furthermore, articles 65 and 66 of the electoral law prohibit protests
and publications aimed at encouraging boycotts or reducing voter participation. The Human
Rights Committee has repeatedly highlighted the importance of the principle of
proportionality with regard to the “necessary” restrictions on freedom of assembly and
association.26
30. The Secretary-General remains concerned about the large number of political
prisoners, including members of political parties, who continue to serve sentences for
charges that are believed to be linked to the exercise of their freedoms of association and
peaceful assembly. The continued trend of arrests of political activists, human rights
defenders, including women human rights defenders, and media professionals will
adversely affect free, fair and participatory parliamentary elections. In particular, the house
arrest in February 2011 of the two former presidential candidates and leaders of the Green
Movement, Mir Hossein Mousavi and Mehdi Karoubi, remains of concern. Neither has
been formally charged, nor brought before a judge, to contest the legality of his detention.
The United Nations human rights mechanisms have repeatedly called for their immediate
release, noting that their detention was arbitrary and in violation of the international
obligations and national laws of the Islamic Republic of Iran. Their situation will prevent
them from contesting and participating in the elections and may also discourage their
supporters from participating. The Secretary-General calls on the Government of the
Islamic Republic of Iran to release the Green Movement leaders and all other political
prisoners and to open space for greater political participation and contest.
31. The Secretary-General remains concerned about the ongoing ban on the activities of
the Workers’ Union and the Teachers Association, whose members continue to face judicial
harassment, arrest and prosecution for legitimately and peacefully exercising their right to
freely associate and assemble. Teachers’ unions were targeted in recent months for
protesting against inequality, poor living standards and overdue wages.27 Some of their
leaders have been arrested and prosecuted. For instance, on 15 October 2015, Ramin
Zandnia, a well-known member of the Iranian Teachers’ Trade Association, and Parvin
Mohammadi, a human rights activist, were reportedly arrested by Revolutionary Guards in
Kurdistan province. They were reportedly subjected to ill-treatment during interrogation.
The Revolutionary Guards also interrogated their 8-year-old daughter, who was released to
her family later that night. The whereabouts of Mr. Zandnia and Ms. Mohammadi remained
26 See, for example, communication No. 780/1997, Laptesevich v. Belarus, Views adopted on 13 April
2000.
27 Authorities argued that economic sanctions had led to the closure of several industrial units, making it
difficult to pay the salaries of workers.
unknown at the end of December 2015. In April 2015, Esmail Abdi, General Secretary of
the Association, was ordered to resign from his position and threated with the
implementation of a sentence previously issued against him of 10 years of imprisonment.
On 27 June, while travelling to Armenia, he was arrested at the border and his passport
confiscated. He was then directed to the prosecutors’ office in Tehran. He has since been
held in solitary confinement and his family has been allowed access to him only once, in
the presence of an interrogator. He has not been provided information regarding the charges
against him.28 The authorities reported that on 22 August, Mr. Abdi was indicted on charges
of assembly and collusion, crimes against national security and propaganda against the
State.
E. Situation of human rights defenders and other civil society actors
32. The situation of human rights defenders in the Islamic Republic of Iran remains
worrisome. The Government has taken no practical measures to open up space for human
rights activists and lawyers. Most of the prominent human rights activists and lawyers are
serving prison terms or are subjected to travel bans and bans on the exercise of their
profession. In July 2015, the Iranian bar association only reduced to nine months the three-
year ban on practising law imposed in 2014 on Nasreen Sotoudeh, an internationally known
lawyer and human rights activist. In addition, authorities have harassed and threatened
people who have expressed solidarity with Ms. Sotoudeh during her eight-month-long
protest against the ban, which she staged in front of the bar association from October 2014
to June 2015.
33. Narges Mohammadi, former Vice-President of the Defenders of Human Rights
Centre and one of the founders of the group Step by Step to Stop the Death Penalty, has
been continually harassed, imprisoned and subjected to cruel, inhuman or degrading
treatment since her conviction in April 2012 on charges of assembly and collusion against
national security, membership in the Defenders of Human Rights Centre and spreading
propaganda against the Government. Ms. Mohammadi was arrested on 5 May 2015 despite
her poor health. Her medical condition, which includes muscular paralysis and lung
complications, has lately deteriorated significantly. Following a medical emergency on 7
October, when she had a neurological attack that led to partial numbness of her body, she
was taken to a specialist hospital. Although doctors had ordered her immediate
hospitalization, she was returned to the prison, where her condition deteriorated further. On
11 October, Ms. Mohammadi was hospitalized outside the prison. She was reportedly
chained hand and foot to her bed, under the constant surveillance of three guards. Since her
hospitalization, she has suffered convulsions on at least three occasions but has reportedly
been denied the necessary treatment.29
34. The Secretary-General remains concerned about allegations of acts of reprisals in the
form of intimidation against individuals for their cooperation with the Special Rapporteur
on the situation of human rights in the Islamic Republic of Iran. In his report to the Human
Rights Council at its thirtieth session (A/HRC/30/29), the Secretary-General referred to
reprisals against 10 individuals owing to their engagement or contacts with the Special
Rapporteur. The Secretary-General reiterates that reprisal against individuals should cease
immediately as it is contrary to the principle of human dignity and violates numerous
human rights.
28 See www.tuc.org.uk/iranteacherleader and www.ei-ie.org/congress7/en/637-iranian-teacher-union-
leader-jailed.
29 See www.fidh.org/en/issues/human-rights-defenders/iran-the-cruel-inhuman-treatment-of-ms-
nargess-mohammadi-must-stop-18652.
F. Situation of women
35. The Islamic Republic of Iran has ratified the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights, in
addition to other treaties that prohibit discrimination. However, it is not a party to the
Convention on the Elimination of All Forms of Discrimination against Women. As the
Human Rights Committee observed in concluding observations adopted in 2011
(CCPR/C/IRN/CO/3), the status of the international human rights treaties in domestic law
is not specified in the legal system, which hinders the full implementation of the rights
contained in the International Covenant on Civil and Political Rights.
36. The Secretary-General remains concerned about violations of the human rights of
women, including in relation to freedom of movement, the right to health and the right to
work. Following the adoption of the Plan to Promote Virtue and Prevent Vice in April
2015, strict and discriminatory rules on women’s and girls’ dress are being enforced across
the country. On 15 November, police announced that cars driven by women not wearing the
hijab would be impounded for a week and fines would be imposed.30 The police allegedly
use this provision to intimidate and harass women, and also to subject them to physical
violence and imprisonment. On 15 December, the head of the Tehran traffic police was
quoted in the media as stating that during the previous eight months, traffic police had dealt
with 40,000 cases of “bad hijabs”, with vehicles seized and their owners brought before the
courts.31 These regulations violate women’s and girls’ human rights and limit their ability to
carry out essential daily activities. The authorities stressed that wearing the hijab was a
moral matter and its imposition in public places was to maintain security.
37. There has been no progress in efforts to end child marriages. According to The
Global Gender Gap Report 2015, 21 per cent of Iranian women aged between 15 and 19
married as children.32 The United Nations Children’s Fund (UNICEF) estimates that
between 2005 and 2013, 17 per cent of girls in the Islamic Republic of Iran were married
by the age of 18.33 Despite recommendations emerging from the second cycle of the
universal periodic review and increasing awareness of the harm caused by early and forced
marriages, the legal age of marriage for girls in the Islamic Republic of Iran, established by
the Civil Code, is still 13 years old. Article 1041 of the Code also allows girls under the
legal age to be married with the consent of their father or the permission of a court. The
Code further stipulates that, regardless of the bride’s age, if she is a virgin, she needs her
father’s or grandfather’s consent to marry. Child and forced marriages result in numerous
human rights violations, including violations of the rights to employment, education and
other opportunities for girls and young women, and expose them to a variety of forms of
violence. Several United Nations human rights experts, special procedure mandate holders34
and treaty bodies35 have established that neither cultural diversity nor freedom of religion
may justify discrimination against women. In their comments on the present report, the
authorities acknowledged that there had been occurrences of underage marriage in rural
areas and noted that it was legitimate in some regions, owing to geography and sexual
30 See www.iranhumanrights.org/2015/11/hijab-new-restrictions/.
31
See http://shohadayeiran.com/fa/news/101470/ (in Persian).
32 World Economic Forum, The Global Gender Gap Report 2015 (Cologny, Switzerland, 2015).
33
See http://data.unicef.org/corecode/uploads/document6/uploaded_pdfs/
corecode/SOWC_2015_Summary_and_Tables_210.pdf.
34 See, for example, A/67/287, A/68/290 and A/HRC/26/22 and Corr.1.
35 See Human Rights Committee, general comment No. 28 (2000) on the equality of rights between men
and women, para. 21; and Committee on Economic, Social and Cultural Rights, general comment No.
21 (2009) on the right of everyone to take part in cultural life, paras. 18 and 64.
maturity. They stated that the average age for marriage for men and women in urban areas
was 26.7 and 23.4 years, respectively.
38. Under article 1117 of the Civil Code men are allowed to prevent their wives from
being employed (in the public or private sector) if they consider the work to be
“incompatible with the interests of the family or with his or his wife’s dignity”.36 Article
1108 of the Code requires women to be submissive to men and specifies that they may lose
their rights, including to maintenance, if they fail to respond to the sexual needs of their
husband. According to article 1133, women seeking to divorce must prove before the court
that their marriage imposes an intolerable level of difficulty and hardship in order to be
granted the right to request a divorce; this requirement does not apply to men. International
human rights law guarantees gender equality in the family, including when entering into
marriage, during marriage and at its dissolution. The lack of equality with respect to these
stages leads to discrimination against women and girls and makes them vulnerable to
domestic violence.
39. The Secretary-General notes the improvement in gender parity recorded in The
Global Gender Gap Report 2015, which shows a gender parity index of 0.98 for enrolment
in primary education. However, in the report the Islamic Republic of Iran is ranked 106 of
145 countries in terms of educational attainment, according to a calculation that includes
the literacy rate and enrolment at all levels of education.37 In this context, the gender gap
among out-of-school children of primary-school age is particularly alarming, with 63 per
cent of girls not enrolled in primary education compared with 35 per cent of boys.
40. The Islamic Republic of Iran was ranked 141 out of 145 countries in terms of
women’s economic participation and opportunity, with unemployment among women
reaching 19.8 per cent, compared with 8.6 per cent for men.38 While acknowledging the low
rate of women’s economic participation, the authorities stressed that various ministries and
economic institutions were working to reduce the gap by allocating entrepreneurship
facilities to women, facilitating technical and vocational training, granting loans and
providing increased credit for women heads of household.
41. The Secretary-General remains concerned about the extremely low political
representation of women in the Islamic Republic of Iran, noting that only 3.1 per cent of
parliamentarians are women. Women generally remain underrepresented in decision-
making positions. Moreover, a ban on women judges presiding over courts and issuing
verdicts remains in place. Women have never served in the Guardian Council or in high
positions in the Expediency Council (CCPR/C/IRN/CO/3). The Comprehensive Population
and Exaltation of Family Bill, adopted on 2 November 2015, further excludes women from
the labour market, as it gives priority to men (A/70/368). The Secretary-General expresses
his concern regarding the new law as it reinforces discriminatory stereotypes of women. In
their response to the present report, the authorities indicated that women were represented
at the highest political level, including as vice-presidents, vice-ministers, advisers to
ministers, directors-general, governors, mayors, judicial counsellors and judges. They noted
that the Government had appointed its first woman ambassador in 2015.
42. The Secretary-General is concerned about the Bill to Increase Fertility Rates and
Prevent Population Decline (No. 446), currently before the parliament, as it would increase
restrictions on women’s right to accurate information on contraception and reduced
childbearing, restricting such information to access to educational material to prevent
36 See www.amnesty.ch/de/laender/naher-osten-nordafrika/iran/dok/2015/iran-frauen-sollen-zu-
gebaermaschinen-degradiert-werden/you-shall-procreate (in German).
37 See http://reports.weforum.org/global-gender-gap-report-2015/economies/#economy=IRN.
38 Ibid.
threats to children’s health. Moreover, the text would outlaw voluntary sterilization, which
is reportedly one of the most common methods of modern contraception in the Islamic
Republic of Iran.39 The Special Rapporteur on violence against women, its causes and
consequences has explicitly characterized restrictions on contraception as a form of
violence.
G. Treatment of individuals belonging to religious and ethnic minorities
43. During the interactive dialogue at the second universal periodic review cycle,
representatives of the Islamic Republic of Iran cited President Rouhani’s efforts to promote
the rights of ethnic and religious minorities. They referred to the President’s appointment of
a special assistant for ethnic and religious minority affairs; the appointment of 335
members of ethnic communities to high-ranking State positions; parliamentary seats
reserved for members of religious minorities; and the right of members of all religious and
ethnic minorities to profess and practise their culture and religion. Despite these welcome
announcements, the Secretary-General regrets the Government’s decision to accept, fully or
partially, only 12 out of 28 recommendations resulting from the review concerning the
protection of religious and ethnic minorities (A/HRC/28/12). The United Nations human
rights mechanisms continued to express concern about the situation of ethnic and religious
minorities, highlighting the absence of improvement in that regard. Between January and
November 2015, the Special Rapporteur on the situation of human rights in the Islamic
Republic Iran and thematic mandate holders transmitted four communications to the
Government concerning freedom of religion or belief.
44. The Constitution of the Islamic Republic of Iran recognizes Christians, Jews and
Zoroastrians as protected religious minorities, free to perform their religious rites and
ceremonies and to provide religious education in accordance with the tenets of their faith
(A/70/411). The Constitution does not extend such recognition to other religious groups,
such as Baha’is, leaving them vulnerable to discrimination and judicial harassment and
persecution. On 15 November 2015, 20 individuals belonging to the Baha’i community
were arrested for faith-related activities in Tehran, Isfahan and Mashhad.40 At the time the
present report was drafted, 10 of the detainees had been released and 2 had been charged
with “propaganda against the regime”. At the end of 2015, 80 Baha’is, including the 7
Baha’i community leaders known as the Yaran, remained in prison solely on account of
their religious beliefs. The 7 leaders were arrested in May 2008 and are serving a 10-year
prison sentence on charges of espionage, “propaganda against the regime”, “collusion and
collaboration for the purpose of endangering national security” and “spreading corruption
on Earth”. They remain deprived of a number of rights to which all other prisoners are
entitled, including furloughs and conditional release. The Working Group on Arbitrary
Detention and other international human rights mechanisms declared their detention
arbitrary and urged the Government to release them.
45. Members of the Baha’i community are generally denied access to public and private
universities. Those who managed to enrol without their religious affiliation being known
were expelled when their faith was revealed. In their comments on the present report, the
authorities claimed that no Baha’i had been prosecuted for his/her beliefs and that Baha’is
were pursuing higher education at the masters and doctorate levels in Iranian universities.
39 See www.amnestyusa.org/research/reports/you-shall-procreate-attacks-on-women-s-sexual-and-
reproductive-rights-in-iran.
40 See http://news.bahai.org/story/1084.
46. The desecration of Baha’i cemeteries, the campaign of incitement to hatred by
means of spreading false statements in the State media, including State-sponsored
television, and the prohibition of businesses belonging to Baha’is continued in 2015. In late
November, at least 28 shops owned by Baha’is were closed down in Mazandaran and
Kerman, simply for observing Baha’i holy days.41 The authorities argued that the business
owners had failed to acquire prior permission from the guild before the mass closure, as
required by law. On 24 October, Azita Rafizadeh began serving a four-year prison sentence
handed down by the Tehran Revolutionary Court on a charge of “membership in the illegal
and misguided Baha’i group with the aim of acting against national security through illegal
activities at the Baha’i Institute of Higher Education”.42 Ms. Rafizadeh was among those
arrested during the 2010 crackdown on the Institute.
47. The Secretary-General notes the concern expressed by the Special Rapporteur on the
situation of human rights in the Islamic Republic of Iran regarding the ongoing
discrimination against non-Shia Muslims and other recognized religious minorities. For
instance, Sunnis have not been granted permission for the construction of a mosque in
Tehran since 1979 and the construction of Christian church buildings, including for
Orthodox Armenians and Assyrians, has been restricted since 1979 (A/HRC/28/70).
48. Authorities often apply vague, codified criminal charges that allow for broad
interpretation and discriminatory treatment of minorities. For example, as at October 2015,
at least 33 Sunni men, most of them members of the Kurdish minority, were on death row
on charges of “gathering and colluding against national security”, “spreading propaganda
against the system”, “membership of Salafist groups”, “corruption on Earth” and “enmity
against God”.43
H. Environmental concerns
49. The Secretary-General is concerned about harmful environmental conditions,
particularly severe dust storms and drought affecting various parts of the Islamic Republic
of Iran. Environmental conditions are closely linked to the enjoyment of many fundamental
human rights, such as the rights to life, health, water and sanitation, and development, and
the Special Rapporteur urges the Government to adopt effective measures to mitigate the
harmful impacts of environmental degradation and extreme weather events on the
population.
50. Reports have indicated that several devastating dust storms swept through the south-
west of the Islamic Republic of Iran in February 2015. On occasion, the dust concentration
was so high that pollution testing devices became dysfunctional.44 The storms also reduced
visibility to as low as 50 metres, contributing to fatal car crashes. On 10 February, a dust
storm in Ahwaz sparked protests from local residents. Official reports indicated that over
250 people reported to Ahwaz hospitals with respiratory problems in February. The
situation worsened in the following months, when some 22 provinces were affected by dust
storms.45
51. While some officials have stated that the dust problem came from neighbouring
countries, reports indicate that the storms in the central regions seem to have originated
domestically and may be related to oil exploration, excavation and exploitation. The State-
41 Ibid.
42 See www.iranhumanrights.org/2015/10/azita-rafiezadeh/.
43 See www.amnesty.org/en/countries/middle-east-and-north-africa/iran/report-iran/.
44 Joint submission of Justice for Iran and Insight Iran, 30 June 2015.
45 Ibid.
owned organization Petroleum Engineering and Development Company continues its
development of Yaran Shomali, an oil field being exploited jointly by the Islamic Republic
of Iran and Iraq, despite environmental complaints lodged against it in May 2015.46 The
authorities stated that the company was allowed to operate after making modifications to
avoid creating dust. The Secretary-General calls on State-owned enterprises to comply with
human rights obligations and protect the environment.
52. The economic sanctions levied on the Islamic Republic of Iran have also created a
reliance on locally produced, poorly refined fuel ,the production of which may contribute to
dust storms and air pollution that affects people’s health. During the times of the year when
the highest levels of pollution are recorded, air pollution in the country often causes a
number of deaths.47 In December 2015, the Government was forced to close all schools and
kindergartens for two days48 and to postpone a top league football match because on 20
December, the air quality index reached 132, well above the World Health Organization
advised level of between zero and 50.49 While acknowledging the problem, the authorities
hope that with the implementation of the Joint Comprehensive Plan of Action on the
nuclear programme of the Islamic Republic of Iran negotiated between the Islamic
Republic of Iran and the five plus one group of countries,50 access to clean fuel and
international investment in new and greener technology will allow for a reduction in air
pollution.51 The authorities indicated that a national working group was working with
various institutions to address issues pertinent to air pollution and that a bill on air pollution
and other environmental issues was being debated in the parliament.
53. Recently, parts of the Islamic Republic of Iran have also experienced water
shortages. To address those shortages, the Government has called for a revolution in
agriculture, as over 90 per cent of the country’s water is currently being used for
agricultural purposes. In March 2015, the Energy Ministry reported that 60 per cent of the
reservoirs of major dams were empty, caused in part by a fall in the flow of water. The
Government has pledged US$ 5.4 billion from the National Development Fund to be
invested in the water sector.52 The Secretary-General recalls that all persons have a right to
adequate safe and accessible water and sanitation to meet their basic needs.
46 See http://isna.ir/fa/news/94022112548/; www.farsnews.com/newstext.php?nn=13940221001685;
and http://pedec.ir/resume-manager (all in Persian).
47 According to Iranian officials, air pollution in Tehran alone claims 180 lives per day. See
www.tehrantimes.com/.
48 See www.cbsnews.com/news/iran-closes-capital-schools-due-to-air-pollution/.
49 See www.theguardian.com/world/2015/dec/27/iranian-football-matches-postponed-as-air-pollution-
soars.
50 In the intended nationally determined contribution of November 2015 submitted by the Islamic
Republic of Iran under the United Nations Framework Convention on Climate Change, the
Government pledged to mitigate its greenhouse gas emissions by 4 per cent and suggested that they
could be mitigated by an additional 8 per cent (12 per cent in total) if the sanctions were lifted. See
www4.unfccc.int/submissions/INDC/Published%20Documents/Iran/1/
INDC%20Iran%20Final%20Text.pdf.
51 See www.bbc.com/news/world-middle-east-34961297.
52 See www.un.org.ir/images/Tehrans_dwindling_water_supplies_-_MEED_15_July_2015.pdf.
III. Cooperation with international human rights mechanisms
A. Cooperation with the United Nations treaty bodies
54. The Secretary-General welcomes the continued engagement of the Islamic Republic
of Iran with the treaty bodies, notably the submission of periodic reports and its dialogue
with experts. On 11 and 12 January 2016, the Committee on the Rights of Child considered
a periodic report (CRC/C/IRN/3-4) submitted by the State party for the first time since
2005. During the review, the Committee raised a wide range of issues, such as the legal
definition of a child; the execution of juvenile offenders; discrimination against girls;
children with disabilities; children born out of wedlock; unregistered refugees; migrants;
lesbian, gay, bisexual, transgender and intersex children; underage marriages; the practice
of killings in the name of honour; and female genital mutilation (CRC/C/IRN/CO/3-4).
B. Cooperation with the special procedures of the Human Rights Council
55. The Secretary-General welcomes the increasing contacts and dialogue between the
Government of the Islamic Republic of Iran and the Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran. He is encouraged by the expert-level dialogue
on issues related to drug trafficking and addiction that took place in September 2015
between the Special Rapporteur and the Permanent Representative of Iran to the United
Nations Office at Geneva and a delegation consisting of members of the judiciary, the High
Council for Human Rights, the Ministry of Foreign Affairs and the chief of the anti-
narcotics forces. The Government has also provided substantive comments on the reports of
the Special Rapporteur. However, the Government has yet to invite the Special Rapporteur
to visit the country.
56. Meanwhile, the Government has invited the Special Rapporteur on the right to food
and the Special Rapporteur on the negative impact of unilateral coercive measures on the
enjoyment of human rights to visit the Islamic Republic of Iran; these are the first
invitations issued to thematic special procedures mandate holders since 2005. The
Secretary-General welcomes this development and encourages the Government also to
authorize visits it has agreed to in principle by the Special Rapporteur on extrajudicial,
summary or arbitrary executions, the Special Rapporteur on freedom of religion or belief
and the Working Group on Enforced or Involuntary Disappearances.
57. Special procedure mandate holders transmitted 24 communications to the
Government of the Islamic Republic of Iran in 2015. Most communications referred to
cases of torture and ill-treatment, executions, arbitrary arrests and detentions of journalists
and human rights defenders, persecution of religious minorities, unfair trials and denial of
medical treatment of detainees. The authorities responded to only 5 communications.
IV. Recommendations
58. The Secretary-General remains deeply troubled by reports of increased
numbers of executions, amputations, arbitrary arrests and detentions, unfair trials,
and possible torture and ill-treatment of human rights activists, lawyers, journalists
and opposition activists. He reiterates his call on the Government to introduce a
moratorium on the use of the death penalty and to prohibit executions of juvenile
offenders in all circumstances. The Secretary-General encourages the Government to
approve the proposed amendment to the anti-narcotics law which seeks to remove the
mandatory death penalty for drug-related offenses.
59. The Secretary-General urges the Government to create space for human rights
defenders, lawyers and journalists to perform their duties without fear of arrest,
detention and prosecution and to release political prisoners, including human rights
defenders and lawyers, detained solely for legitimately and peacefully exercising their
rights to freedom of expression, association and peaceful assembly.
60. The Secretary-General welcomes the Government’s invitation to the United
Nations High Commissioner for Human Rights to visit the Islamic Republic of Iran
and encourages it to invite the Special Rapporteur on the situation of human rights in
the Islamic Republic of Iran and to fully cooperate with him.
61. The Secretary-General urges the Government to remove all discriminatory
provisions affecting women in all relevant laws, in accordance with international
standards, and to develop national strategies to address harmful and violent practices
against women and girls, including child marriage. He urges the Government to take
concrete and strong measures to eliminate all forms of discrimination against women
in all spheres of life.
62. The Secretary-General urges the Government to improve the conditions in
women’s detention facilities in accordance with international standards and in
accordance with the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules).
63. The Secretary-General urges the Government to take immediate steps to
protect the rights of all persons belonging to religious and ethnic minorities, especially
Baha’is, and to address all forms of discrimination against them. The Secretary- General renews his call on the authorities to release the seven Baha’i leaders from
detention.
64. The Secretary-General welcomes the Government’s engagement with United
Nations human rights treaty bodies and urges it to follow up on the concluding
observations of all treaty bodies and to ratify the Convention on the Elimination of All
Forms of Discrimination against Women; the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment; the Second Optional
Protocol to the International Covenant on Civil and Political Rights aiming at the
abolition of the death penalty; the International Convention for the Protection of All
Persons from Enforced Disappearance; and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families.