Impact Iran

The Special Rapporteur is grateful to the Government of the Islamic Republic of Iran for its responses concerning Mr. Arzhang Davoodi and Mrs. Yeganeh Salehi. He is following closely further developments on the cases mentioned in the communication. Therefore, the Special Rapporteur would appreciate receiving information on the proceedings against Mr. Arzhang Davoodi and Mr. Jason Rezaian, as well as additional details on the case of Mrs. Yeganeh Salehi, who according to the information provided by the Government was released on bail on 1 October 2014. The Special Rapporteur regrets that the Government did not provide information on the allegations regarding the detention of the other two journalists on the evening of 22 July 2014. He urges authorities in the Islamic Republic of Iran that all proceedings fully comply with international law standards.

Ensure that human rights defenders, including women human rights defenders, lawyers and journalists, are not threatened with or subjected to intimidation, harassment, arbitrary arrest, deprivation of liberty or other arbitrary sanction, and release all those detained in connection with their work;

The Special Rapporteur further notes that an independent bar association is vital to the promotion to the rule of law. All executive and judicial interference in management and working of bar associations should be removed and the bar association should be made an autonomous and self- regulatory body.

The Special Rapporteur also reiterates her call upon the Government to ensure that the judiciary is free from interference of any kind and to uphold the integrity of judges, prosecutors and lawyers, through transparent and merit-based appointments, and through protecting them and their families and professional associates against all forms of reprisals as a result of discharging their functions. The judiciary should also be held accountable for ensuring that proceedings are conducted fairly and that the rights of the parties are respected, through a mechanism that is consistent with the Basic Principles on the Independence of the Judiciary.

The Special Rapporteur further urges the Government, in line with its international obligations, to guarantee the freedom of the press and media, and immediately release all detainees who have been imprisoned for exercising their right to freedom of opinion, expression and unobstructed peaceful assembly. The Special Rapporteur further urges the Government to amend or rescind laws, policies and parliamentary measures that contravene freedom of expression and that restrict access to information, including online information.

The Special Rapporteur reiterates the previous calls made by his predecessor and the Secretary-General that all those arrested for the peaceful exercise of the rights to freedom of assembly and of opinion and expression be released, including those arrested during the protests in December 2017 and January 2018. The Special Rapporteur further calls upon the Government to undertake an independent and transparent investigation into the reported deaths in custody and other incidents leading to alleged violations of rights that took place during and after the protests.

The Special Rapporteur recommends that the Government and Parliament: Ensure that human rights defenders, including women human rights defenders, and lawyers and journalists are not threatened with or subjected to intimidation, harassment, arbitrary arrest, deprivation of liberty or other arbitrary sanction, and release all those detained in connection with their work;

The Special Rapporteur urges the Islamic Republic of Iran to take proactive steps to promote the full realization of the rights of human rights defenders and to refrain from any acts that violate the rights of human rights defenders because of their human rights work. The government should take strict measures to ensure that the security and intelligence apparatus does not use reprisals against families of those who monitor or campaign against human rights violations or express views that are contrary to government policies.

The Special Rapporteur recalls that freedom of opinion and freedom of expression are indispensable conditions for the full development of the person, are essential for any society and constitute the foundation stone for every free and democratic society. The Government has the responsibility to ensure that human rights defenders do not face prosecution for promoting and advancing human rights in the country.

The Special Rapporteur urges the Islamic Republic of Iran to refrain from any interference with the judicial process and to uphold the integrity of judges, prosecutors and lawyers, notably by ensuring that appointment of judges are transparent and based on merit and by protecting them, their families and professional associates against all forms of violence, threat, retaliation, intimidation and harassment as a result of discharging their functions. A self-regulating independent bar association or council should be urgently established to oversee the process of admitting candidates to the legal profession, provide for a uniform code of ethics and conduct, and enforce disciplinary measures, including disbarment.

He reiterates the concern of the Special Rapporteur on the situation of human rights defenders about the Government's "overly broad interpretations" of national security and propagation crimes against the State, and strongly urges authorities to release all individuals identified as arbitrarily detained by the Working Group on Arbitrary Detention and other human rights mechanisms.

The Special Rapporteur looks forward to observing the impact that amendments to the Code of Criminal Procedure will have on improving access to legal counsel, and encourages the Government to guarantee this right for all accused, regardless of the allegations against them. He notes that the Government should further ensure that national laws support the independence of lawyers, in accordance with international norms and standards, and implores the Islamic Republic of Iran to release all lawyers that appear to have been imprisoned for protected activities in defence of their clients, such as raising awareness about fair trial concerns.

To prevent the intimidation of lawyers, including threats of detention and prosecution for discharging their ethical and professional responsibilities, including when submitting client grievances and addressing international and national media on their client's behalf, which should be possible without fear of prosecution under national security and defamation laws.

Consider the immediate and unconditional release of civil society actors and human rights defenders prosecuted for protected activities; including journalists, netizens, lawyers and student, cultural, environmental, and political activists that work to promote civil, political, economic, social and cultural rights currently detained for activities protected by national and international law.

Desist from actions designed to injure or intimidate those who work to identify human rights violations, promote redress, and those that may cooperate with international human rights mechanisms.

Immediately investigate allegations of reprisals against individuals that cooperate with international human rights instruments and organizations and to take measures to "ensure adequate protection from intimidation or reprisals for individuals and members of groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights".

The Special Rapporteur recommends that the Government should strenghten Bar associations and bar councils so that they are self-regulatory and function independently. That would enable them to regulate the profession without discrimination and to develop tools to protect its members from being persecuted for their independent professional decisions or views.

The Special Rapporteur reiterates her call on the Government to uphold the integrity of judges, prosecutors and lawyers, notably by ensuring that appointments of judges are transparent and based on merit and by protecting them, their families and their professional associates against all forms of violence, threats, retaliation, intimidation and harassment as a result of discharging their functions.

The Special Rapporteur urges the Government, in line with its international obligations, to immediately release all detainees who have been imprisoned for exercising their right to freedom of opinion, expression and peaceful assembly and to quash the prison sentences that have been handed down against others for similar reasons. State entities that organize crackdowns on peaceful dissent should be identified and held accountable in order to prevent a recurrence of such violations. The Government should also take strict measures to ensure that the security and intelligence apparatus stops using reprisals against the families of those who monitor or campaign against human rights violations or express views that are contrary to government policies.

He further repeats his call for substantive engagement and cooperation between the Government and the United Nations human rights mechanisms, including compliance with the findings of the Working Group on Arbitrary Detention, which has identified a number of cases of arbitrary detention. He appeals for the unconditional release of all those detained for the peaceful exercise of their rights to freedom of expression, assembly and association, conscience and political opinion, in particular journalists, human rights defenders, adherents of recognized and unrecognized religions and the leaders of the Baha'i faith.

The Committee urges the State party to put an end to repression against non- governmental organizations working in the area of children's rights and to hold those responsible for harassment and persecution of human rights activists accountable.

Implement the provisions of the Declaration on Human Rights Defenders in order to ensure that women human rights defenders are able to carry out their work with full autonomy and without being subjected to retaliation by the State or other actors.

On the right to due proccess: The immunity of counsel in pleading cases must be reaffirmed and expressly guaranteed in a legislative instrument formulated in cooperation with representatives of the Bar;

The Special Rapporteur urges the Iranian Government to immediately drop all charges against Ms. Rahemipour and to halt any acts of retaliation against relatives, witnesses and human rights defenders who report cases of enforced disappearances, pursuant to article 13 (3) and (5) of the Declaration on the Protection of all Persons from Enforced Disappearance adopted by General Assemble resolution 47/133.

The Special Rapporteur reiterates his appeal to the Government to take all necessary measures to guarantee that human rights defenders are subject to fair proceedings before an independent and impartial tribunal

The Special Rapporteur notes that numerous communications sent during this reporting period relate to imprisoned human rights defenders who are serving long sentences for their peaceful activities in defence of human rights. The Special Rapporteur acknowledges receipt of the substantive response from the Government to the communication dated19 April 2016 regarding the alleged arbitrary detention and charges issued against human rights defender and journalist, Ms. Narges Mohammadi. The Special Rapporteur further acknowledges the two detailed responses received to the communication dated 22 July 2016 regarding the alleged arbitrary arrests and detentions as well as denial of adaquate medical services to Mr. Abdolfattah Soltani, Mr. Arash Sadeghi,and Ms. Narges Mohammadi. The Special Rapporteur appreciates the information received by the Government that the prison charges the human rights defenders are facing have been reduced through implementation of article 134 of the Islamic Penal Code and selective pardons. The sentences of Mr. Soltani were commuted from 18 years imprisonment to ten years imprisonment, while those of Ms. Mohammadi were reduced from 16 years to ten years and finally Mr. Sadeghi's sentences were commuted from an alleged 19 years sentence (including the application of a suspended sentence from a previous case) to seven and a half years. The Special Rapporteur acknowledges that the Government refutes the allegations, nevertheless, he remains seriously concerned that the charges seem to be directly related to their legitimate work as human rights defenders and lawyers, as well as the legitimate exercise of their rights to freedom of opinion and expression and freedom of association. As such, he urges the Government to take all necessary action to release the imprisoned defenders.

The Special Rapporteur appeals to the Government to take all necessary measures to guarantee that all human rights defenders are subject to fair proceedings before an independent and impartial tribunal. The Special Rapporteur is alarmed at the numerous reports of human rights defenders who were deprived of due process and denied their rights to legal counsel. He is concerned with thelegal persecution of individualsfor exercising their legitimate rights to freedom of opinion and expression, peaceful assembly and association

The Special Rapporteur urges the Government of Iran to take immediate steps to ensure that human rights defenders are able to carry out their work in a safe and enabling environment without fear of detention, harassment and prosecution. She remains available to provide any guidance or assistance that the Government might require in this regard.

The Special Rapporteur further expresses concern about reports she has received of illegitimate restrictions imposed on the right of human rights defenders to freedom of opinion and expression. The Special Rapporteur urges the Government to take the necessary measures to guarantee the existence of an environment in which all human rights defenders can carry out their legitimate work without risk to their physical and psychological integrity or any other form of restriction, harassment, intimidation or fear of persecution, in accordance with the fundamental principles endorsed in the Declaration on Human Rights Defenders.

The Special Rapporteur urges the Government to take the necessary measures to guarantee the existence of an environment in which all human rights defenders can carry out their legitimate work without risk to their physical and psychological integrity or to any form of restriction, harassment, intimidation or fear of persecution, in accordance with the fundamental principles endorsed in the Declaration on Human Rights Defenders. On the subject of defenders working to promote women's rights, she encourages the Government to pay particular attention to the recommendations given in her report to the Human Rights Council in 2011 (A/HRC/16/44, para.109-112).

The State party should fully guarantee the right to freedom of expression and opinion of independent media, and ensure that journalists can exercise their profession without fear of being brought before courts. The State party should release, rehabilitate and provide effective judicial redress and compensation for journalists imprisoned in contravention of articles 9 and 19 of the Covenant. The State party should also ensure that the monitoring of Internet use does not violate the rights to freedom of expression and privacy as defined in the Covenant. The Committee reminds the State party of its general comment No. 34 (2011) on article 19.

The State party should ensure that the right to freedom of assembly and association is guaranteed to all individuals without discrimination, and release immediately and unconditionally anyone held solely for the peaceful exercise of this right, including students, teachers, human rights defenders (including women's rights activists), lawyers and trade unionists. The State party should also ensure the prompt, effective and impartial investigation of threats, harassment, and assault on members of these groups, and, when appropriate, prosecute the perpetrators of such acts. The State party should also withdraw its draft Bill on the Establishment and Supervision of Non-Governmental Organisations, which would establish a Supreme Committee Supervising Non-Governmental Organisations' Activities, chaired by the Interior Ministry, including representatives from the Intelligence Ministry, the police, the Basij and the Revolutionary Guards Corps.