|
Paris,
23 September 2002
Dear Members
of the Cohom,
Re : EU
expert troika visit to Iran
The European
Union is presently considering whether to initiate a human rights
dialogue with the Islamic Republic of Iran. In conformity with
the EU Guidelines on Human Rights Dialogues (December 2001),
"any decision to initiate a human rights dialogue will
first require an assessment of the human rights situation in
the country concerned (…) Amongst other things the assessment
will look at developments in the human rights situation, the
extent to which the government is willing to improve the situation,
the degree of commitment shown by the government in respect
of international human rights conventions, the government's
readiness to cooperate with UN human rights procedures and mechanisms
as well as the government's attitude towards civil society"
(para 6.1).
We are sending
you the present letter in advance of the visit of the EU troïka
team of human rights experts, which is supposed to visit Iran
at the beginning of October in order to hold exploratory talks
with the Iranian counterpart and to assess the opportunity of
initiating a specific human rights dialogue with that country.
With regard
to ratification of international human rights instruments, the
FIDH has taken note of the ratification by Iran last May of
the ILO Convention concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour
(Convention n°182). The next steps should be ratification
of the Convention on the Elimination of All Forms of Discrimination
Against Women, including the Optional protocol recognising the
competence of the CEDAW to receive and consider individual communications.
Iran should also be urged to ratify the UN Convention against
torture. In addition, the issue of ratification of the Statute
of the International Criminal Court by Iran should be systematically
raised by the EU, in conformity with the Council common position
on the International Criminal Court (20 June 2002). Iran should
be invited to complete its ratification process as soon as possible,
and to integrate the Statute in its domestic law (the Statute
was signed by Iran on 31 December 2000).
Ratification
is a first step, but it should be followed by full implementation
by Iran of its binding international obligations. With that
regard, the FIDH would like to draw your attention on the following
issues - without pretending to be exhaustive :
- death
penalty
Death penalty is implemented in Iran for ordinary crimes as
well as for crimes of opinions. In violation of article 6.2
of ICCPR ("In countries which have not abolished the death
penalty, sentence of death may be imposed only for the most
serious crimes…"), death penalty in Iran applies to
many offences : the Iranian criminal Code punishes by death
penalty the "fornication of a non-Muslim with a Muslim
woman" (art. 82c), "fornication of a single for the
fourth time, each preceding time having been condemned to 100
lashing" (art. 90), homosexuality (art. 110), "consumption
of alcohol for the third time, each preceding time having been
condemned to 80 lashes" (art. 179), armed robbery (art.
185), blasphemy (art. 513), etc.
Death penalty
is carried out for crimes committed by minors, in violation
of art. 37 of the Convention on the Rights of the Child, and
in spite of the recommendations formulated by the UN Committee
on the rights of the Child (CRC/C/15/Add.123, 28 June 2000,
para. 30) : "The Committee strongly recommends that the
State party take immediate steps to halt and abolish by law
the imposition of the death penalty for crimes committed by
persons under 18". In addition, death penalty is inflicted
through hanging and beheading in public (art. 101 of the Islamic
Criminal Code) as well as through death by stoning (art. 83
of the Islamic Criminal Code).
A first
and determinant step would be "to ensure that capital punishment
will not be imposed for crimes other than the most serious and
will not be pronounced in disregard of the obligations it [Iran]
has assumed under the International Covenant on Civil and Political
Rights and the provisions of United Nations safeguards"
(A/56/171, December 2001).
However,
the final objective must remain the abolition of death penalty.
- other
inhuman and degrading treatments
Torture remains widespread in detention places in Iran. Inhuman
punishments are imposed in public for moral offences (adultery,
etc). Those inhuman treatments include flogging and amputation
(art. 201 of the Islamic criminal Code).
The EU should
put pressure on Iran in order that it " take all necessary
measures to end the use of torture and other forms of cruel,
inhuman and degrading treatment and punishment, in particular
the practices of amputation and public flogging, and to pursue
vigorously penitentiary reform" (A/56/171, December 2001,
para g). That recommendation was already included in the Commission
on Human Rights last resolution on the Situation of human rights
in the Islamic Republic of Iran (E/CN.4/RES/2001/17).
- status of ethnic and religious minorities
The situation of those minorities is particularly preoccupying.
Christian, Baha'i and sometimes Sunni minorities are victims
of discrimination in the fields of, inter alia, access to higher
education (secondary schools and universities), confiscation
of properties or religious buildings, imprisonment and restrictions
on freedom of movement. According to the last report of the
UN Special Representative on Iran, "the Special Representative
believes there can be no doubt that the treatment of minorities
in Iran does not meet the norms set out in the Declaration on
Minorities or in article 27 of the International Covenant on
Civil and Political Rights. "(E/CN4/2002/42, 16 January
2002, para. 66).
The EU should
insist on Iran "to eliminate all forms of discrimination
based on religious grounds or against persons belonging to minorities
and to address this matter in an open manner, with the full
participation of the minorities themselves, as well as to implement
fully the conclusions and recommendations of the Special Rapporteur
of the Commission on Human Rights on the question of religious
intolerance relating to the Baha'is and other minority groups9
until they are completely emancipated" (A/56/171, December
2001, para d).
The CERD recommended "that the State party take appropriate
steps to bring its domestic legislation into full conformity
with articles 1, paragraph 1, 4 (b) and 5 of the Convention
[on the Elimination of All Forms of Racial Discrimination],
and to ensure, in particular, that legal stipulations providing
for a difference in treatment do not result in discriminatory
treatment based on race, colour, descent, or national or ethnic
origin" (CERD/C/304/Add.83, 12 April 2001, para 13).
The Committee
recommended as well "that the State party continue to promote
economic, social and cultural development in areas inhabited
by disadvantaged ethnic and tribal minorities and groups, and
to encourage the participation of these minorities in such development"
(CERD/C/304/Add.83, 12 April 2001, para 14).
- unfair trials
A bill on the reform of the Judiciary is awaiting approval since
two years. It would notably establish an autonomous prosecution
body (Parquet). That function is presently exercised by the
judges themselves.
As noted
by the UN Special Representative on Iran in his last report,
"the principal obstacle to reform, to the introduction
and nourishment of a culture of human rights, is the Judiciary,
its patrons and its supporters (…) It is a group that bears
a heavy responsibility for the ongoing violations of human rights
in Iran" (E/CN.4/2002/42, 16 January 2002, para 9)
Iran should
be urged "to implement judicial reform speedily and completely,
to guarantee the dignity of the individual, and to ensure the
full application of due process of law and fair and transparent
procedures by an independent and impartial judiciary, and in
this context to ensure respect for the rights of the defence
and the equity of verdicts in all instances, including for members
of religious minority groups" (A/56/171, December 2001,
para h).
- repression of human rights defenders, lawyers and journalists
The situation
of human rights defenders is continuously deteriorating. In
the framework of the Observatory for the Protection of Human
Rights Defenders, a joint programme of the FIDH and the World
Organisation Against Torture (OMCT), our organisation has been
dealing with an increasing number of cases of harassment and
repression of human rights defenders. You will find below the
cases dealt with by the Observatory since January 2002.
Mr. Mohammad-Ali
Dadkhah, lawyer at the Teheran Bar and defender of political
prisoners, was taken to the Court of First Instance of Teheran
on 28 January 2002, in order to respond to a complaint for defamation
and fallacious declarations lodged by the President of the Revolutionary
Tribunal. This complaint was raised after Mr. Dadkhah defended
several political prisoners and journalists in November 2001
that had been arrested during two police raids in March and
April 2001. Mr. Dadkhah was dismissed by the President of the
Revolutionary Tribunal while defending his clients, and therefore
couldn't ensure their defence until the end of the trial.
On 20 May
2002, Mr. Mohammad-Ali Dadkhah has been sentenced to five months
in prison and was barred from practicing law for ten years.
The hearing was held behind closed doors and it is therefore
feared that it was an unfair trial.
On 18 March
2002, Mr. Nasser Zarafchan, lawyer of Mrs. Sima Pouhandeh, the
widow of Mohammed Djafar Pouhandeh, (writer and human rights
defender, assassinated in 1998) was sentenced by the Military
Tribunal of Tehran, to three years imprisonment for "possession
of firearms and alcohol" and to another 2 years imprisonment
for declarations made during a press interview on the issue
of the assassination of Iranian intellectuals, and to 50 lashes.
Mr. Zarafchan's trial before the Military Tribunal of Tehran
had begun on November 3, 2001.
Mr. Zarafchan
appealed against the decision of the Tribunal. On 15 July 2002,
the decision of the Tehran Military Court confirmed the decision
of the tribunal on the case of Mr. Nasser Zarafchan. The appeal
before the Supreme Court is not suspensive, which means that
Mr Zarafchan could be imprisoned at any time.
On 7 August
2002, Mr. Nasser Zarafchan was eventually arrested and is now
detained in Evin prison. His lawyer had asked for the suspension
of the execution of the condemnation because of his poor health
condition.
On 9 July
2002, Mr. Abdolfattah Soltani was sentenced by the Court of
Teheran, to 4 months imprisonment and to 5 years of deprival
of the right to exercise his profession. Mr. Soltani is the
lawyer of ten political prisoners whose trial took place in
March 2002 and no judicial decision has been pronounced up to
now. Me Soltani has been sentenced for declaring that his clients
had been ill-treated during the interrogation. Mr. Seyfzadeh,
lawyer of Mr. Soltani, was sentenced to 4 months imprisonment
and to 3 years of deprival of the right to exercise his activity.
Both men have appealed against the decisions.
Me Ahmad
Sadr Hadjseyed-Djavadi, 84 years, lawyer of the children of
Dariush Forouhar, lawyer assassinated at home with his wife
in Tehran, in November 1998, by members of the Intelligence,
was condemned on 27 July 2002 to 15 lashes and a fine.
He is the
eighth lawyer and human rights defenders condemned in Iran during
the last two years. Those repeated condemnations represent a
worrying threat against the Bar of Tehran. They blatantly contradict
the UN Basic Principles on the Role of Lawyers, and in particular
its para 16 : "Governments shall ensure that lawyers (a)
are able to perform all of their professional functions without
intimidation, hindrance, harassment or improper interference;
(b) are able to travel and to consult with their clients freely
both within their own country and abroad; and (c) shall not
suffer, or be threatened with, prosecution or administrative,
economic or other sanctions for any action taken in accordance
with recognized professional duties, standards and ethics".
In addition, those cases are symptomatic of the very serious
violations of freedom of expression in Iran; the FIDH believes
that the EU should systematically insist on the full respect
by Iran of the UN Declaration on Human Rights Defenders (1998).
The EU should also request Iran to invite the UN Special representative
of the Secretary General on Human Rights Defenders, Mrs Hina
Jilani.
Iran should
eventually be urged "to ensure full respect for freedom
of expression" and "to enact as soon as possible legislation
to ensure that people are not punished for exercising their
political freedoms" (A/56/171, December 2001, paras e and
i).
- Women
rights
"The
status of women has improved only in the sense that the demands
of women and their supporters are now out in the open. Legislated
discrimination remains in the statutes and regulations (…)
Patriarchal attitudes remain very much in evidence in such areas
as domestic violence and in the resistance to women achieving
leadership roles in the public and private sectors" (Report
of the UN Special Representative on Iran, E/CN.4/2002/42, 16
January 2002).
"With
regard to the physical and verbal abuse of women, particularly
in the family setting, the Special Representative has frequently
called on the Government to take firmer action to address what
is generally regarded as a widespread problem" (E/CN.4/2002/42,
16 January 2002, para 17). "Another area in need of attention
is the empowerment of women, specifically including them in
senior management and professional positions in government and
in the private sector" (para 18) .
Iran was
urged by the Human Rights Committee to abide by Article 3 of
the ICCPR, in particular regarding discrimination against Women
(CCPR/C/79/Add.25/para.13). The CERD further asked "To
take further measures to promote full and equal enjoyment by
women and girls of their human rights" (A/56/171, December
2001, para b). Iran should therefore be urged to ensure the
effective application of these recommendations, and notably,
as mentioned above, in taking steps towards the ratification
of the UN Convention on the elimination of discrimination against
Women.
- Cooperation
with UN mechanisms
Cooperation
with UN mechanisms is a key criteria of the good will of a government
to improve its human rights record.
It is necessary
to bear in mind that, in spite of repeated requests by the UN
Commission on Human Rights and the General Assembly, Iran never
allowed the Special Representative on Iran to visit the country.
The last UN Commission on Human Rights failed to adopt a resolution
on the human rights situation in Iran, and the mandate of the
UN Special Representative on Iran consequently terminated. This
situation makes cooperation by Iran with the existing UN mechanisms
even more crucial.
With regard
to the UN treaty bodies, Iran's cooperation is unsatisfactory
since it has not reported to CESCR and CCPR for almost 10 years.
The last recommendations of each of these bodies (E/C.12:1993/7
and CCPR/C/79/Add.25) remain largely ignored. On the positive
side, two reports were recently produced to CERD and CRC, thus
enabling an in-depth analysis of the various forms of discrimination
(A/54/18, paras.294-31) and on the situation of the rights of
the Child (CRC/15/Add.123). However, delivering the periodic
reports is one side of the coin, the other side being the level
of implementation of the recommendations and concluding observations
adopted by those bodies. The FIDH therefore considers essential
that Iran take fully into account those recommendations.
The UN Working
Group on Enforced or Involuntary Disappearances should be able
to visit Iran under its own terms as soon as possible. Iran
should indeed be urged "to give effect, in the near future,
to its invitation to the Working Group" (A/56/171, December
2001, para k and E/CN.4/RES/2001/17). The EU should also urge
Iran to accept the request to visit the country issued last
week by the UN Special Rapporteur on violence against women.
- Mainstreaming human rights
If the EU
decides to engage in a specific human rights dialogue with Iran,
the FIDH considers that human rights should nevertheless continue
to mainstream all dialogues and discussions with Iran, in conformity
with the EC Communication on the role of the EU in the field
of HR ("placing a higher priority on human rights and democratisation
in the European Union's relations with third countries and taking
a more pro-active approach, in particular by using the opportunities
offered by political dialogue, trade and external assistance")
and the EU Guidelines on HR dialogues ("the EU will ensure
that the issue of human rights, democracy and the rule of law
will be included in all future meetings and discussions with
third countries and at all levels", para 3.1).
- Measuring results : the necessity of a permanent monitoring
mechanism
Human Rights
dialogues should enable the creation of a permanent and independent
tool of monitoring and evaluation of the progress achieved.
To this end, the FIDH believes that the EU should, while developing
its dialogue on the one hand, be able to initiate, in both the
UN Commission on Human Rights (CHR) and the UN General Assembly
(GA), resolutions on the situation of Human rights in Iran,
which create, for the CHR, an appropriate monitoring mechanisms,
such as a Special Rapporteur.
Indeed such
mechanism is the unique way to obtain, from an independent and
official source, a bi-annual public evaluation of the evolution
of the Human Rights situation. Such an assessment is essential
in the undertaking of a workable dialogue, in order to assess
the evolutions achieved. Its publicity remains unconditional,
for the benefit of the Iranian civil society at large, and of
its human rights defenders in particular. Finally, such an initiative
fully corresponds to the mandate entrusted with the EU member
states sitting at the UN CHR and at the UN GA.
The FIDH urges the EU to address the important issues raised
in the present letter with the Iranian authorities, in the framework
of the political dialogue as well as on the occasion of the
visit of the Troika experts meeting in Iran at the beginning
of October. If no concrete steps are taken by Iran in order
to address those questions which are raised systematically since
years at the UN (CHR and UNGA), it would demonstrate the lack
of will of the Iranian government to improve the situation.
In that case, initiating a specific dialogue on Human Rights
would be worthless and would damage the credibility of the EU.
We hope
that you will take into consideration the present suggestions
and would be extremely interested to be informed of the results
of the EU experts troika visit in Iran.
We keep available for any additional information.
Sincerely
yours.
Sidiki Kaba
President
Copy :
Mr Chris Patten, European Commissioner for External Relations
Mrs Myriam Gonzalez-Durantez, Responsible for Iran in Chris
Patten's office
Mrs Barbara Brandtner, Responsible for Human Rights in Chris
Patten's office
Mr Christian LEFFLER, Director, Middle East and South Mediterranean
Mr Patrick Laurent, Head of Unit, Barcelona Process, Gulf countries
and Iran, European Commission
Mr Jesper Höstrup, Iran Desk, Commission, External Relations
Directorate-General
Mrs Lene Hove, Iran Desk, General secretariat of the Council
Mrs Van den Heuvel, responsible for HR, General Secretariat
of the Council
President and Vice-Presidents of the Foreign Affairs Committee
of the European Parliament
Members of the Mashrek and Gulf countries Delegation of the
European Parliament
|
