Impact Iran

In accordance with rule 71, paragraph 5, of the Committee's rules of procedure, the State party should provide, within one year, relevant information on its implementation of the Committee's recommendations made in paragraphs 9, 12, 13 and 22 above.

Without in any way implying any conclusion as to the facts of the case, we should like to appeal to your Excellency's Government to seek clarification of the circumstances regarding the cases of the persons named above. We would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Excellency's Government to safeguard the rights of the above-mentioned persons in compliance with the above international instruments

Although the death penalty is not, per se, prohibited under international law, I would like to remind your Excellency's Government that it must be regarded as an extreme exception to the fundamental right to life, and must as such be interpreted in the most restrictive manner. It is crucial that all restrictions and fair trial standards pertaining to capital punishment contained in international human rights law are fully respected in proceedings relating to capital offences. As Article 14(5) of the ICCPR provides, "Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law." Since the Head of the Judiciary has ordered a review of Mr. Haddadi's case, no execution should be carried out before the completion of the review

In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Excellency's Government to safeguard the rights of the seven men mentioned herein in compliance with your Excellency's Government's international legal obligations

The Special Rapporteur thanks the Government for its response, in which it is indicated that the case was under reconsideration and the final verdict had to be issued. Therefore, he would like to urge the Government of the Islamic Republic of Iran not to execute Ms. Razieh Ebrahimi.

In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Government to safeguard the rights of the above-mentioned persons in compliance with the above international instruments.

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 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.

Fully implement the recommendations of the Committee on the Rights of the Child (CRC/C/15/Add.254) and of the Special Rapporteur on adequate housing, contained in the report on his mission to Iran (E/CN.4/2006/41/Add.2);

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.

Restrictions on the rights of religious minorities in the Islamic Republic of Iran remain deeply concerning. Adherents of recognized and unrecognized religions continue to report arrests and prosecution for worship and participation in religious community affairs, including in private. Measures that exclude religious minorities from legal protections for civil, political, social or economic rights, or that impose special restrictions on the practices or manifestations of religious beliefs continue to violate the obligations of the Islamic Republic of Iran under the Covenant and should be addressed.

Requests that he be allowed to visit that country in order to develop his dialogue with the authorities and either substantiate or lay to rest, allegations of human rights violations committed within its sovereign territory.

The Special Rapporteur also remains concerned about the well-being and health of prisoners, especially those mentioned in the present report, and encourages the Government of the Islamic Republic of Iran to launch full investigations into those cases. He also requests that he be granted the ability to substantiate accounts raised here through access to both detention centres and those detained. Requests that the Government of the Islamic Republic of Iran review those (above) cases and furnish the Special Rapporteur with information that would enable him to report progress or developments in those matters to the General Assembly and the Human Rights Council. He also urges the Government to increase its cooperation with the special procedures, as this would create a productive space for further actions to improve the human rights situation

Concludes that specific attention must be paid to legislation that serves to attenuate and abrogate rights guaranteed by the five international instruments to which the Islamic Republic of Iran is a party. Impunity must also be addressed in order to facilitate accountability, provide redress for human rights violations and strengthen the rule of law, all of which are required to effectively promote respect for human rights in the country.

He continues to assert that his mandate should not be viewed as a punitive measure, but should be regarded as an opportunity to frequently and substantively engage the international community in a non-politicized, transparent and constructive forum.

Emphasizes the need to explicitly define actions that constitute crimes against national security, and encourages the Government to guarantee the space for public criticism or advocacy through peaceful activities that are protected by international law. Calls on the government to ensure that restrictions on freedom of expression and the right to information are "content-specific" as called for by the Human Rights Committee in its General Comment 34 on article 19.

He continues to emphasize the need to establish an effective national human rights mechanism that is compliant with the Paris Principles, in order to ensure that violations of human rights are investigated and sufficient remedies are provided.

The Special Rapporteur also continues to underline the importance of perpetuating a culture of tolerance, and urges the Government to prevent discrimination against women and girls, as well as religious and ethnic minorities, in all spheres of public life and services, and to protect their freedoms to freely associate and express themselves. He further calls on the Government to ensure that the minimum age for marriage complies with international standards and that measures to prevent the forced, early and temporary marriage of girls are established

The Special Rapporteur again emphasizes his concern about alleged violations of rights of due process, and requests that the Government investigate allegations of physical and psychological torture and the denial of due process rights. In this regard, the Special Rapporteur also re-emphasizes the need for an extensive, impartial and independent investigation into the violence in the weeks and months that followed the presidential election of 2009. He reiterates his call for the immediate release of all political prisoners and prisoners of conscience, including those alluded to in the current and previous reports; requests that the treatment of prisoners meet minimum international and national standards; and that prisoners are granted adequate access to medical care, in accordance with international standards and Iranian law

The Special Rapporteur continues to deplore the use of stoning as a form of capital punishment, and continues to strongly urge the Government to enforce its moratorium on stoning, to consider the reversal of existing stoning sentences, and to consider explicitly prohibiting its use. The Special Rapporteur also reiterates his concern about the implementation of the death penalty including in cases that do not meet the "most serious crimes" standards, as stipulated by international law. He calls on the Government to consider revisiting its qualification in the revised Islamic Penal Code on the use of capital punishment for juveniles and to consider prohibiting juvenile executions; and reiterates his call for a moratorium on the implementation of capital punishment sentences until such time as fair trial standards for capital cases can be adequately demonstrated.

The Government should consider extending the de facto moratorium on stoning. The continued failure of the judiciary to guarantee due process rights, the frequent application of the death penalty for crimes that do not meet the internationally permissible threshold for capital punishment and the imposition of the death penalty on juvenile offenders warrant an immediate and unconditional halt to such practices.

Echoes the call of the Human Rights Committee to ensure the independence of the judiciary and to investigate all allegations of torture and mistreatment of detainees.

He calls upon the Government to take immediate and effective steps to stop and reverse the desiccation of Lake Urmia and upon the international community to support the conservation efforts further.

The Special Rapporteur reiterates the call upon the Government to incorporate the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights into national law, to establish an independent national human rights institution, as it pledged when the country was first considered by the Working Group on the Universal Periodic Review, and to end all forms of discrimination in law and practice that undermine the full enjoyment of rights guaranteed by those two covenants, regardless of gender, ethnicity, religion, belief or opinion.

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 Government should take immediate steps to address the increasing incidence of early and forced child marriage, in particular by banning child marriage and raising the minimum age for marriage to 18 years, as specified in a number of laws identified in the country's submission to the Committee on the Rights of the Child. He further appeals for efforts to define and criminalize domestic violence and to expand the definition of rape to encompass marital rape to be expedited. He asserts, however, that, while domestic violence is an egregious act, it does not constitute a lethal action required for the application of capital punishment under international law.

Urges the authorities to consider examining the merits of views shared about the root causes of drug abuse and crime in the Islamic Republic of Iran, along with proposals that urge it to re-examine the deterrent effects and human rights implications of the country's drug policies.

Appeals to the authorities to place a moratorium on the use of executions for all crimes not considered "most serious" under international law, and to consider working with international and national stakeholders to amend its laws in line with the international human rights conventions to which the Islamic Republic of Iran is a party.

Urges the authorities to ensure that persons are protected from acts that impair the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives, which is essential to the protection of other rights.

Existing laws and draft legislation appear to unreasonably exclude individuals from standing for public office on the basis of gender, religion, political affiliation, opinion and social or personal background. Encourages the authorities to reconsider statutes that place unreasonable conditions on the exercise by all Iranian citizens of rights protected by article 25 of the Covenant (International Covenant on Civil and Political Rights).

He encourages the Government to amend laws that continue to undermine women’s full enjoyment of civil political, social, and economic rights, including rights in family law, the right to equal access to education and the right to work. Draft legislation currently under consideration that appears to infringe on these rights raises serious concern, and should be reconsidered.

Encourages officials to reconsider amendments that would undermine the initially positive efforts to facilitate access of detained suspects to legal counsel during the investigation phase of their cases.

Continues to encourage the Government to increase its engagement with the United Nations human rights mechanisms, including his mandate, in order to establish meaningful dialogue and cooperation in furtherance of the pledges undertaken by President Rouhani's administration, and for the successful advancement of recommendations made in the universal periodic review that enjoyed the support of the Government in 2015.

Urges the authorities to recognize that dialogue and inclusive participation of all the citizens in a diverse society can form the basis of enduring initiatives that address poverty and development, and can also serve to strengthen protections for the rights of all ethnic minorities in the country. He further encourages the authorities to ensure that the rights of the members of the country's most vulnerable communities are protected and respected.

Continues to urge the authorities to consider examining the views they have shared about the root causes of drug abuse and crime in the Islamic Republic of Iran, as well as their views about the deterrent effects of the country's drug policies.

He encourages the Government to continue to amend laws in line with its legal obligations and pledges made during the Universal Periodic Review to protect the equal and full enjoyment by women of their civil, political, social and economic rights, including the right to freedom of movement, the right to work and the right to be free from discrimination, especially in the workplace.

Urges the authorities to recognize that freedom of religion or belief entails the freedom to choose a religion or belief and that measures that impose special restrictions on the practice of other faiths, or that discriminate on the basis of religion or belief, violate the guarantee of equal protection under article 26 of the International Covenant.

Reiterates his firm belief that the Government could significantly improve the country's human rights situation with the full implementation of the recommendations accepted at the outcome of the universal periodic review in 2014. Renews request for country visit.

The Special Rapporteur therefore continues to appeal to the authorities to declare a moratorium on the use of executions for all crimes not considered "most serious" under international law, and calls on the authorities to consider working with international and national stakeholders to amend its anti-narcotics laws in line with international human rights conventions to which the Islamic Republic of Iran is a party.He urges the authorities to reconsider laws that render acts not considered to be crimes under international law capital offences. He appeals to the Government to abandon piecemeal reforms and to immediately and unconditionally prohibit the execution of juvenile offenders, defined as individuals under 18 years of age at the time they committed a capital offence.

Urges the authorities to strengthen aspects of the 1985 Press Law to ensure that persons are protected from acts that impair the free communication of information and ideas about public and political issues between citizens, which is essential to the protection of other rights. He also urges the Government to reconsider aspects of policies that undermine the rights of individuals to associate and assemble with like-minded persons for the purposes of promoting peaceful activities.

The Special Rapporteur continues to be disturbed by reports from members of ethnic minority communities regarding arbitrary arrests, detentions, torture and prosecution for protected activities that promote social, economic, cultural and linguistic rights. He urges the authorities to recognize that dialogue and the inclusive participation of all citizens in a diverse society can form the basis for enduring initiatives that address poverty and development and can also serve to strengthen protections for the rights of all ethnic minorities in the country. He encourages the authorities to ensure that the rights of the members of the country's most vulnerable communities are protected and respected.

The Special Rapporteur remains deeply concerned about the alarming level of executions, including of juveniles, in the country. She reiterates her call on the Government to immediately and unconditionally abolish the sentencing of children to death and to engage in a comprehensive process of commutation of all death sentences issued against children, in line with juvenile justice standards. The Special Rapporteur also reiterates her calls to establish a moratorium on the use of the death penalty, to replace the death penalty for drug-related offences with penalties that comply with relevant international standards, and to end the practice of public executions.

The Special Rapporteur urges the Government to abolish any provision that authorizes any form of cruel, inhuman or degrading treatment or punishment, to address as a matter of priority the state of despair in its prisons and to investigate all allegations of torture and ill-treatment and hold accountable those found guilty.

The Special Rapporteur therefore calls on the Government to ensure that a thorough and independent investigation into the killings in 1998 is carried out.

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.

She urges the Government to reform the judicial system with a view to ensuring its independence. Appropriate training for the members of the judiciary is also necessary to ensure that guarantees of a fair trial and due process are effectively respected.

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 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 calls on the Government to ratify the Convention on the Elimination of All Forms of Discrimination against Women, to repeal all laws that discriminate against women and girls and to ensure that any bill still before Parliament that would further undermine the empowerment of women is dropped. She urges the Government to ensure the freedom of movement of women and girls and guarantee their right to physical education, physical activity and sport. Laws imposing dress codes on women should be reviewed, and the Government should respect the right of anyone to privacy and ensure that security forces refrain from acting as moral guardians of the citizens.

The Special Rapporteur urges the authorities to recognize that freedom of religion or belief entails the freedom to choose a religion or belief, and that measures restricting eligibility for civil, political, social or economic privileges, or imposing special restrictions on the practice of other faiths, violate the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26 of the International Covenant on Civil and Political Rights.

The Special Rapporteur urges the authorities to recognize that dialogue and the inclusive participation of all the citizens in a diverse society can form the basis for enduring initiatives that address poverty and development, and can also serve to strengthen protections for the rights of all ethnic minorities in the country. She further encourages authorities to ensure that the rights of the members of the most vulnerable communities of the Islamic Republic of Iran are protected and respected.

The Special Rapporteur expresses his grave concern at the continuing execution of juvenile offenders in the Islamic Republic of Iran and calls upon the Government to immediately prohibit all executions of persons charged with offences that they committed when under the age of 18 years. He further recommends that the Government abolish the death penalty in all cases and, pending that measure, introduce a moratorium.

The Special Rapporteur calls upon the Government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and urges the Government to enact laws prohibiting the punishments of flogging and amputations, as they represent cruel, inhuman or degrading punishments and violate articles 7 and 10 of the International Covenant on Civil and Political Rights.

The Special Rapporteur urged the Government of the Islamic Republic of Iran to take all necessary measures to guarantee that the rights and freedoms of Mr. Mahmoud Mohammad Matin-Azad, Mr. Arash Ahmad-Ali Basirat and Mr. Ramtin Soodmand are respected. She also requested that the Government ensures the compatibility of any new legislation adopted by the Iranian Parliament with international human rights law.

Furthermore, she would like to recall that the General Assembly resolution 63/181 urges States to step up their efforts to eliminate intolerance and discrimination based on religion or belief, notably by taking all necessary and appropriate action, in conformity with international standards of human rights, to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by intolerance based on religion or belief, as well as incitement to hostility or violence, with particular regard to members of religious minorities in all parts of the world. In this regard, the Special Rapporteur is very concerned by the continued violations of freedom of religion or belief suffered by members of the Baha'i community. She urges the Government of the Islamic Republic of Iran to ensure that the Baha'i members who are currently detained receive a fair trial and she would like to recommend the presence of independent observers during the trials.

The Special Rapporteur is grateful that the Government of the Islamic Republic of Iran replied to the joint communication of 17 October 2008. She would like to reiterate the observations and concerns in her previous report (see A/HRC/10/8/Add.1, paras. 94 and paras. 111-112). The Special Rapporteur again urges the Government to ensure that the Baha'i members, who have been detained for more than 20 months so far, receive a fair trial and in this regard she would like to recommend the presence of independent observers during the trials. Reportedly, the trial of Ms. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mr. Vahid Tizfahm and Ms. Mahvash Sabet began on 12 January 2010 in Tehran, however, no observers were allowed inside the court at that session

I therefore again urge your Excellency's Government to expeditiously lift or commute the death sentences imposed against Mr. Abu Moslem Sohrabi, as well as all other persons awaiting execution for offences committed before they reached age 18. All other efforts undertaken by your Government to prevent these executions are insufficient to meet its obligations under international treaties it is a Party to.

As we have explained in previous communications to your Excellency's Government, the imposition of the death sentence on charges of 'mohareb' is highly problematic. We are concerned that this charge, which according to our information in Iran is directed mainly against political dissidents, critics of the Government and persons accused of espionage, might not be sufficiently well defined to satisfy the very strict standards of legality set by Article 6(2) of the Covenant for the imposition and carrying out of the death penalty. In order for the sentence of death to be imposed "in accordance with the law‚" the law in question must be sufficiently precise to clearly allow distinction between conduct punishable with the capital sentence and conduct not so punishable. (See the communications of 31 August 2006 concerning the imposition of the death penalty against Ali Motirijejad and others (reproduced in A/HRC/4/20/Add.1, pages 165f), of 26 July 2007 concerning the imposition of the death penalty against Abdolwahed (Hiwa) Butimar and Adnan Hassanpour (reproduced in A/HRC/8/3/Add.1, pages 210f), and of 18 July 2008 in the cases of Farzad Kamangar, Ali Heydariyan and Farhad Vakil

We therefore urge your Excellency's Government to take all necessary measures to guarantee that Yunes Aghayan is not deprived of his life in violation of the obligations your Excellency's Government has entered into under international law. Considering the irremediable nature of capital punishment, this can only mean suspension of the death sentence against him until the question whether the acts he was found guilty of satisfy international criteria for what constitutes 'most serious crimes' has been clarified.