Human rights situation in the Islamic Republic of Iran.

1988/69. Human rights situation in the Islamic Republic of Iran

The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international instruments in this field, Reaffirming its relevant resolutions, as well as those of the General Assembly and the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling, in particular, its resolution 1987/55 of 11 March 1987, by which it decided to extend the mandate of the Special Representative for one year and requested him to present an interim report to the General Assembly at its forty-second session on the human rights situation in the Islamic Republic of Iran, including the situation of minority groups, such as the Baha'is, and on new elements contained in his report, for example, the allegations of violations affecting the medical profession, and a final report to the Commission at its forty-fourth session, Noting the importance which the Special Representative attaches to the discussion and clarification of the question of the compatibility of Islamic law with international law, Endorsing the conclusion of the special Representative that the obligations acquired by the Islamic Republic of Iran as a State Member of the United Nations and as a party to the two International Covenants on Human Rights are fully binding and do not admit exceptions on account of constitutional problems, rules and regulations of municipal law, or cultural or historical background, Taking note of the appreciation expressed by the Special Representative for the co-operation of the Government of the Islamic Republic of Iran, and supporting his expressed hope that this co-operation will reach the level of full co-operation in the near future, in compliance with the successive resolutions of the General Assembly and The Commission on Human Rights, Noting the Special Representative's conviction that the persons appearing before him described violations that certainly happened to them and that their declarations were convincing, Further taking note of the conclusion of the Special Representative that circumstantiated official replies to communications alleging violations of human rights would contribute to a better understanding and evaluation of the situation regarding human rights and would inform the international community of the concrete views of the Government of the Islamic Republic of Iran as well as of the result of the investigation of specific cases, and that these replies would be an important element of the full co-operation required by The Commission on Human Rights, Reiterating its concern, none the less, that the co-operation extended to the Special Representative has not reached the level that the General Assembly and The Commission on Human Rights have consistently requested in their resolutions concerning this matter,

1. Takes note with appreciation of the report of the Special Representative (E/CN.4/1988/24);

2. Notes that the Special Representative observes that the problem concerning the medical profession appears to have been solved;

3. Welcomes the pardoning of prisoners and shares the Special Representative's hope that this may be the first stage of a process leading to a general amnesty for political prisoners;

4. Notes with satisfaction the information according to which recent releases of prisoners have taken place;

5. Expresses again its deep concern about the numerous and detailed allegations of grave human rights violations in the Islamic Republic of Iran to which the Special Representative has referred in his report and, in particular, those related to the right to life, the right to freedom from torture or cruel, inhuman or degrading treatment or punishment, the right to liberty and security of person and to freedom from arbitrary arrest or detention, the right to a fair trial, the right to freedom of thought, conscience and religion and to freedom of expression, and the right of religious minorities to profess and practise their own religion;

6. Expresses its grave concern, in particular, that, although the Special Representative indicates that the number of alleged violations of the right to life has diminished over the past two years, information made available to him alleges the execution of some 100 persons in the period October 1986-September 1987 because of their political and religious convictions, and draws attention to the list of names annexed to the report;

7. Expresses its deep concern at allegations that maltreatment and torture, both physical and psychological, are common in Iranian prisons during interrogation and before and after the final verdict, and at the existence of extremely summary and informal proceedings, the unawareness of defendants of specific accusations, the lack of legal counsel and other irregularities in respect to fair trial;

8. Shares the opinion of the Special Representative that the denial by the Government of the Islamic Republic of Iran of the allegations of violations of human rights as a whole, without details, is not sufficient for a sensible assessment of the situation of human rights in that country;

9. Endorses the conclusion of the Special Representative that acts continue to occur in the Islamic Republic of Iran that are inconsistent with international instruments by which the Government of that country is bound and that the situation of human rights in the Islamic Republic of Iran justifies continuing international concern, study and constant monitoring by the competent organs of the United Nations;

10. Urges the Government of the Islamic Republic of Iran, as a State party to the International Covenant on Civil and Political Rights, to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in that Covenant;

11. Decides to extend the mandate of the Special Representative, as contained in its resolution 1984/54 of 14 March 1984, for a further year;

12. Requests the Special Repesentative to present an interim report to the General Assembly at its forty-third session on the human rights situation in the Islamic Republic of Iran, including the situation of minority groups, such as the Baha'is, and a final report to the Commission at its forty-fifth session;

13. Renews its urgent appeal to the Government of the Islamic Republic of Iran to extend its full co-operation to the Special Representative, in particular by responding to his request for information and by permitting him to visit that country;

14. Requests the Secretary-General to give all necessary assistance to the Special Representative of the Commission;

15. Decides to continue its consideration of the situation of human rights and fundamental freedoms in the Islamic Republic of Iran as a matter of priority at its forty-fifth session.

55th meeting
10 March 1988
[Adopted by a roll-call vote of 20 to 5, with
14 abstentions. See chap. XII.]